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, FEBRUARY 14, 2017, 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: Mayor-Commissioner R.B. Johnson Vice Mayor-Commissioner Terry Hamilton-Wollin Commissioner Phil Hanna Commissioner Edward G. Hoofnagle Commissioner Joanne Cookie Kennedy City Attorney Randy Mora City Manager Brently Gregg Mims City Clerk Deanne B. O Reilly, MMC Finance Director Daniel A. Carpenter, CGFO Public Services Director Dean A. Scharmen Hetty C. Harmon, AICP, City Planner (To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order.) 1A. REPORT OF Pinellas County Sheriff s Office. Sergeant John Waugh reviewed the January 2017 Crime Analysis Report and addressed the public s and City Commission s questions and/or concerns. 1B. DISCUSSION OF Oversight Process for the Pinellas Suncoast Fire and Rescue District. (Commissioner Hoofnagle) Commissioner Hoofnagle thanked the City Attorney s Office for their memo on the Oversight Process for the Pinellas Suncoast Fire and Rescue District. In summary, the law has changed substantially in the way the City was able to obtain the oversight review of the Pinellas Suncoast Fire and Rescue District (Fire District) in 2004 that area of the statute that is no longer applicable. The City cannot ask Pinellas County to oversee the Fire District anymore. In fact, Pinellas County has no ability to oversee the Fire District. The Fire District is completely unaccountable except to the Fire Commissioners who are elected officials. Page 1 of 19

2 City Attorney Mora stated he would qualify Commissioner Hoofnagle s remark by stating the Fire District is accountable to the Florida Legislature. Commissioner Hoofnagle stated he thought the statute permits the Legislature to get involved if they fail to file a financial report. City Attorney Mora stated the language of the statute reads: all special districts created by special act may be reviewed by the Legislature using the public hearing process provided in s , F.S. City Attorney Mora stated he does not think it is limited to financial reporting. Commissioner Hoofnagle stated the City and its residents need to take a more active role in nominating and electing the City s Fire Commissioners because they have been running unopposed and that is something everyone should think about in terms of having more accountability with the Fire District. Mayor Johnson stated the Fire Commissioner that represents the City ran unopposed and that would be the first person an individual would go to with complaints and concerns. Commissioner Hoofnagle stated one of the cities within the Fire District issued a proclamation or resolution in support of protesting the ballot language; he does not think that is going to accomplish anything. Commissioner Hoofnagle inquired if there is a way the City can communicate with the Fire District to have a more active role with them. Mayor Johnson stated the place for the public to express their unhappiness is at their meetings and through correspondence. Commissioner Hoofnagle stated everyone needs to encourage their friends and neighbors to attend and participate in the Fire District Meetings and to support the Fire District for the good work that they do and to hold the Fire Commissioners accountable for more responsible policies. He does not propose criticizing the Fire District; they run into burning buildings when everyone else is runnning out of them. They are doing life-saving work. But, the public can hold the Fire Commission more accountable for more responsible financial management. Vice Mayor Hamilton-Wollin stated she attended a special meeting of the Fire District wherein it was discussed to have a continuous beach fire department and the Fire District s mainland customers would go to the City of Seminole. She stated there will be another workshop on this issue and encouraged attendance at this workshop, so that the Fire District communities understand Page 2 of 19

3 what is happening and how it relates to their respective communities. She stated the Legislators created this independent special fire district and only the Legislature can abolish it. She recommended that everyone write, , or call their Legislatures about the Fire District and encourage them to sponsor a Bill to the Fire District. Commissioner Hanna recommended this issue be kept alive in the media, so that it is not forgotten. 2. PUBLIC COMMENTS. Jim Palamara, th Avenue, stated the new speaker system works dynamite. He recommended the City Commission and its residents meet with the City s Fire Commissioner to discuss building two stations and the increase in fire fees. Commissioner Hoofnagle stated at the Fire Commission Meetings, correspondence is reviewed, so in addition to reaching out to the City s Fire Commissioner, correspondence could be written to the Fire Commission, which is read at their meetings. Micah McKee, 822 Gulf Boulevard, #5, stated he submitted an application to serve on the Board of Adjustments and Appeals, and thereafter provided a brief bio on himself. Kelly Cisarik, 448 Harbor Drive South, spoke on the Fire District and the recommendations contained in the previous oversight study. She stated her understanding of F.S. 189 is that the Auditor General s Office now conducts the oversight reviews and the City needs to get the Pinellas County Legislative Delegation involved to request a review. Ms. Cisarik stated her comments are not directed at the fire fighters or paramedics; they do an overall great job on response times, but she has concerns about the Fire Commission s management abilities. She stated the Fire District is dysfunctional and lacks the willingness to enact its own reforms. The City s Fire Commissioner is married to the Fire District s Finance Director and there are two Fire Commissioners that work for, or are retired from, other Fire Districts. This creates an atmosphere of quid pro quo on the Fire Commission which is problematic. Nancy Obarski, 708 Beach Trail, #B, spoke on the Fire District and stated she hopes they get the Legislature s attention with all the information and data that they have gathered. She inquired what is the process to get something before the Legislature. She stated she also attended the same meeting as Vice Mayor Hamilton-Wollin and she was told by both the Madeira Beach and Seminole Fire Chiefs and that the Fire District is hanging out in the Redingtons Page 3 of 19

4 and trying to run calls in the Redingtons, which is causing management problems for them. Gordon Obarski, 708 Beach Trail, #B, inquired if there is an ethics issue with the Fire District s Finance Director being married to a Fire Commissioner; to which City Attorney Mora stated that issue would be handled by the Florida Commission on Ethics. Mr. Obarski stated Beach Trail and a lot of pervious roads were paved and now they have grass growing through the new asphalt, to which City Manager Mims stated it is being dealt with at no cost to the City. Jeanne Mele, 1 Windrush Boulevard, #8, stated the City is beautiful and thanked the City for spending its tax dollars wisely. She inquired if the video done by Commissioner Hanna is going to be available to the public, so she can forward it to her friends; to which City Manager Mims stated the video will be placed on the City s Facebook page. Robet Valentine Clemmer, 1216 Bayshore Boulevard, stated he has a video that he would like to share with the City Commission and the public; to which Mayor Johnson stated the City Commission rules do not provide for that under Public Comments. Bill Dotson, 1 Windrush Boulevard, commented that the auditorium and the Public Services Offices look great and professional. He does not understand the concept of the Community Center at Keegan Clair Park and stated he was advised that it would be used by several organizations, weddings, exercise class, and so forth. He expressed concern with the number of parking spaces available for the proposed Community Center. City Manager Mims stated the City has had discussions with the businesses in that area, and there is available parking, at night, around the museum, the post office parking lot, and around the block. It is going to be a combination of the City working with the business owners. There is not a parking problem; it is just where they park. Bill Thomas, th Avenue, spoke on the Fire District s brochures which were distributed to voters prior to the referendum election and stated his frustration with the Fire District. 3A. REPORTS OF the City Attorney. No reports. 3B. REPORTS OF the City Manager. Page 4 of 19

5 Finance Director Carpenter presented the first quarter budget actuals for all major funds and stated all funds are on track with what the City Commission approved. City Manager Mims recognized the following individuals and companies in connection with the City Hall Renovation Project Phase III: Holmes & Holmes Architects Nujak Company, AD Specialists, Clint Brosioos Dean Scharmen, Public Services Director/Project Manager City Manager Mims provided an update on the following projects: The parking area between the City Hall Complex and the Beach Art Center and the area between the buildings will be resurfaced and relandscaped. The City has received $1,059,800 in federal and state grant monies since FY th Avenue Pocket Park should be completed by the end of March. The City is about a third of the way through the City with the Decorative Street Sign Project and should be completed by the end of the fiscal year. Action 2000, Inc., donated two more bus shelters that should be done by next week. 1 st Street between 16 th and 22 nd Avenues Reconstruction of the Street Project has been started and will be done by the end of May. Purchase Order issued for the installation of the pour-in-place at Brown Park. Public Services Warehouse should be back in operation by July. Complete Renovation of the Campalong Baseball Field. The City spent $41,084 on damage that occurred during Hurricane Hermine, which is being reimbursed by FEMA. Stay Inform Postcard was ailed to the addresses of all required voters. The car reminds the public of ways to stay informal of City Activities. Reported on SB , Advanced Wireless Infrastructure Deployment Act, sponsored by Senator Travis Hutson, District 7. 3C. REPORTS OF the City Commission. The City Commission complimented the beautiful job that was done on the rehabilitation of the auditorium and the Public Services Offices. COMMISSIONER KENNEDY: Announced on Wednesday, February 22, 2017, from 10:00 a.m. to 12:30 p.m., members of Senator Nelson s Office will be having office hours in the City Commission Chambers. Page 5 of 19

6 Briefly explained the funding aspect (Penny for Pinellas) and the parameters for using the funding for undergrounding of utilities on Gulf Boulevard by stating the funding can only be used for State and County roads Gulf Boulevard; not in the Indian Rocks Beach neighborhoods. COMMISSIONER HAMILTON-WOLLIN: Announced the February 22, 2017 BIG-C Meeting at 9:00 a.m., at the Town of North Redington Beach with a light breakfast being served at 8:30 a.m. COMMISSIONER HANNA: Thanked Vice Mayor Hamilton-Wollin, Candidate Phil Wrobel, and Candidate Hope Wyant for participating in Meet the Candidates. COMMISSIONER HOOFNAGLE: Thanked the audience for bringing up the questions about the Fire District. He does not think this City Commission will be able to advance that, but he looks forward to working with everyone in any capacity to try and advance the oversight review of the Fire District. Mr. Clemmer made reference to a video, which he viewed, and which was of a truck putting some water through a storm drain. He spoke with the City Manager who advised him that they were flushing out the stormwater system, and it does come out pretty dirty. He thinks it is commendable when a citizen sees something that they feel is wrong, they stand up and say something. MAYOR JOHNSON: Announced that Commissioner Kennedy has been appointed to the Tourist Development Council (TDC) to represent the BIG-C. Provided a brief history of the underground utilities on Gulf Boulevard. This is money that is separate from the Penny for Pinellas Funding that the City normally receives from Pinellas County for capital projects. He stated members of the BIG-C are currently negotiating with Pinellas County for the next cycle of Penny for Pinellas funding, which will come up in 2020, to set aside additional monies for Gulf Boulevard. Mentioned that undergrounding of utility lines in the neighborhoods can be done, but it is an expensive project, which funding would come directly from the City s taxpayers. Announced the following events: February 18 Calvary Episcopal Church Winterfest. February 18 Beach Art Center Carnival. 4. ADDITIONS/DELETIONS. None. 5. CONSENT AGENDA: Page 6 of 19

7 A. AUTHORIZING the City Manager to execute a Cooperative Funding Agreement (Type 3) between the Southwest Florida Water Management District and the City of Indian Rocks Beach for the 20 th Avenue Parkway Stormwater Improvements (N758). B. APPROVAL OF the January 10, 2017 Regular City Commission Meeting Minutes. C. APPROVAL OF the January 10, 2017 Public Forum Minutes. D. CITY BOARD APPOINTMENTS: 1. APPOINTING MICAH MCKEE to the Board of Adjustments and Appeals as 2 nd Alternate Board Member with a term expiring June 30, APPOINTING JUDE BOND to the Planning and Zoning Board as 2 nd Alternate Board Member with a term expiring May 31, E. AUTHORIZING the City Manager to issue a Task Order to CivilSurv Design Group for engineering services associated with th Avenue Parkway Stormwater Improvements in the amount of $49,760. City Attorney Mora read the Consent Agenda, consisting of Agenda Item Nos. 5A through 5E, by title only. MOTION MADE BY VICE MAYOR HAMILTON-WOLLIN, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 5A THROUGH 5E. UNANIMOUS APPROVAL BY ACCLAMATION. 6A. BOA CASE NO QUASI JUDICIAL PROCEEDING. Scott Keeler (applicant/owner), 321 La Hacienda Drive, Indian Rocks Beach, Florida 33785, is requesting a variance request of 3.3 feet into the required 15 foot side setback, resulting in a total setback of 5.8 feet on the east side, to allow for an addition on the north and south side of the house. The subject property is legally described as La Hacienda Replat Lot 32 and riparian rights. Recorded in Plat Book 39, Page 1, Public Records of Pinellas County, # [Official Publication Date: February 3, 2017] SUBJECT: BOA CASE NO : Variance request of 3.3 feet into the required 15 foot side setback, resulting in a total setback of 5.8 feet on the east side and 5.9 feet on the west side, to allow for an addition on the north and south side of the house for property located at 321 La Hacienda Drive, Indian Rocks Beach, Florida. Page 7 of 19

8 STAFF RECOMMENDATION: Based on the variance review criteria of Section 2-152, staff recommends approval of the request. BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION: Approved by a vote of 4-0. OWNER: LOCATION of PROPERTY: ZONING: Scott Keeler 321 La Hacienda Drive S- Single Family Direction Existing Use Zoning Category North Residential S East Residential S South Intracoastal N/A West Residential S BACKGROUND: Scott Keeler wants to install an addition on the north and south side of his residence. The existing residence was built in 1957 and has a setback of 5.8 feet on the east side and 5.9 feet on the west side. The required setback in the single-family residential zoning district is a total of 15 foot setback with a minimum of 7 feet on one side. They would like to keep the new addition flush with the existing sides of the structure rather than indent the new addition by a total of 3.3 feet. Sec Variances. (a) Generally; criteria for granting variances from the terms of subpart B. (1) The board of adjustments and appeals shall make recommendations on and the city commission shall decide variance applications will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to recommend or decide any variance from the terms of subpart B, the board or the city commission shall consider each of the following. a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The existing structure was built in 1957 prior to the current zoning regulations. b. The special conditions and circumstances do not result from the actions of the applicant. The applicant did not create any special conditions or circumstances. Page 8 of 19

9 c. Granting the variance will not confer on the applicant any special privilege that is denied by subpart B to other lands, structures or buildings in the same zoning district. Granting the variance will allow an encroachment of 3.3 feet into the 15 foot side-yard setback. d. Literal interpretation of the provisions of subpart B would deprive other properties in the same zoning district under the terms of subpart B and would work unnecessary and undue hardship upon the applicant. But for the variance, the applicant will not be able to have the desired layout of the addition. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. This is the minimum variance to allow the owner to construct the addition as desired. f. The granting of the variance will be in harmony with the general intent and purpose of subpart B, and such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will allow the owner to construct the addition with walls that are flush with the existing structure. Pursuant to a legal notice published in the February 3, 2017-edition of the St. Pete Times Section of the Tampa Bay Times, as evidenced by an affidavit of publication filed with the City Clerk, a public hearing was held on BOA Case No City Attorney Mora read BOA Case No by title only, and advised that this is a quasi-judicial proceeding. City Attorney Mora briefly explained the procedure for a quasi-judicial proceeding. City Attorney Mora inquired if any City Commission Member needed to disclose any ex-parte communications or if they have conducted any site visits regarding this application; to which the City Commission responded in the negative. All persons planning to give testimony during the quasi-judicial proceeding were duly sworn in by City Attorney. Mayor Johnson opened the public hearing. Page 9 of 19

10 City Planner Harmon presented BOA Case No via a PowerPoint presentation, which included an aerial view, front, back, east, and west views of the house as well as a drawing of the proposed addition. The proposed addition will follow the lines of the existing side setbacks. The desire is to extend the garage in front, but keep it within the 25 foot front setback, and the same with the addition in the rear; however, the sides will encroach into the side setbacks. There will exist a variance of 1.6 on the west side and a 1.7 foot variance on the east side, for a total of 3.3 feet for the property. City Planner Harmon stated that, upon review of the variance, City staff recommends approval in granting the variance request based on the criteria illustrated in Section of the Code of Ordinances. The house was built in 1957, which was prior to the current zoning regulations, and there exists no special conditions for the addition. The variance request does not create any special circumstances by the existing setbacks with this house. By granting the variance, an encroachment into the 15 foot side yard setbacks will amount to 3.3 feet. Without the variance, the applicant would be unable to have the desired layout of the addition, which will follow the existing lines of the house. This is a minimum variance to allow the owner to construct the addition as desired. Scott Keeler, the applicant, 321 La Hacienda Drive, was present to address any questions and/or concerns that the City Commission may have. City Manager Mims stated staff and the Board of Adjustments and Appeals recommended approval of the variance request. He stated since he has been here, there have been a large number of variances of this nature. He stated sometime later in the year, he will be asking the City Commission to consider changing the Land Development Regulations to allow these type of additions with administrative approval and not require a variance because this is another example where property owners are trying to build within the same side building lines so long as the required front and back setbacks are met. Mayor Johnson closed the public hearing. MOTION MADE BY COMMISSIONER HANNA, SECONDED BY COMMISSIONER HOOFNAGLE, TO APPROVE BOA CASE NO SCOTT KEELER (APPLICANT/OWNER), 321 LA HACIENDA DRIVE, INDIAN ROCKS BEACH, FLORIDA 33785, IS REQUESTING A VARIANCE REQUEST OF 3.3 FEET INTO THE REQUIRED 15 FOOT SIDE SETBACK, RESULTING IN A TOTAL SETBACK OF 5.8 FEET ON THE EAST SIDE, TO ALLOW FOR AN ADDITION ON THE NORTH AND SOUTH SIDE OF THE HOUSE. THE SUBJECT PROPERTY IS LEGALLY DESCRIBED AS LA HACIENDA REPLAT LOT 32 AND RIPARIAN RIGHTS. RECORDED IN PLAT Page 10 of 19

11 BOOK 39, PAGE 1, PUBLIC RECORDS OF PINELLAS COUNTY, # ROLL CALL VOTE: KENNEDY HAMILTON-WOLLIN HANNA HOOFNAGLE JOHNSON MOTION CARRIED UNANIMOUSLY. 7A. ORDINANCE NO FIRST READING. Repealing Article I, In General, and Article II, Sanitary Sewer Systems, all inclusive, of Chapter 66, Utilities of the Code of Ordinances; by reflecting the sale of the City s Wastewater Collection and Transmission System to Pinellas County; by reflecting the sale of the City s Wastewater Collection and Transmission System to Pinellas County. BACKGROUND: The City Commission of the City of Indian Rocks Beach, through Resolution No , sold its wastewater collection and transmission system to Pinellas County. ANALYSIS: Chapter 66, Utilities, has been amended to reflect the sale of the City s wastewater collection and transmission system to Pinellas County. City Attorney Mora read Ordinance No by title only. City Manager Mims stated this is a housekeeping ordinance to reflect the sale of the City s sanitary sewer system to Pinellas County in Seeing and/or hearing no one wishing to speak, the public comment session was closed. MOTION BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HOOFNAGLE, TO APPROVE ORDINANCE NO , ON FIRST READING, REPEALING ARTICLE I, IN GENERAL, AND ARTICLE II, SANITARY SEWER SYSTEMS, ALL INCLUSIVE, OF CHAPTER 66, UTILITIES OF THE CODE OF ORDINANCES; BY REFLECTING THE SALE OF THE CITY S WASTEWATER COLLECTION AND TRANSMISSION SYSTEM TO PINELLAS COUNTY; BY REFLECTING THE SALE OF THE CITY S WASTEWATER COLLECTION AND TRANSMISSION SYSTEM TO PINELLAS COUNTY. ROLL CALL VOTE: KENNEDY Page 11 of 19

12 HAMILTON-WOLLIN HANNA HOOFNAGLE JOHNSON MOTION CARRIED UNANIMOUSLY. Mayor Johnson announced second and final reading is scheduled for April 11, B. ORDINANCE NO FIRST READING. Amending Chapter 42, Personnel, by amending Article III, Florida Retirement System; Section 42-53, Payment of employer contributions; by amending Article IV, Defined Contribution Retirement Plan; Section 42-83, Payment of employer contributions; by reflecting the sale of the City s Wastewater Collection and Transmission System to Pinellas County. BACKGROUND: The City Commission of the City of Indian Rocks Beach, through Resolution No , sold its wastewater collection and transmission system to Pinellas County. ANALYSIS: Chapter 42, Personnel, has been amended to reflect the sale of the City s wastewater collection and transmission system to Pinellas County. City Attorney Mora read Ordinance No by title only. City Manager Mims stated this is a housekeeping ordinance to reflect the sale of the City s sanitary sewer system to Pinellas County in Seeing and/or hearing no one wishing to speak, the public comment session was closed. MOTION MADE BY COMMISSIONER HOOFNAGLE, SECONDED BY COMMISSIONER HANNA, TO APPROVE ORDINANCE NO , ON FIRST READING, AMENDING CHAPTER 42, PERSONNEL, BY AMENDING ARTICLE III, FLORIDA RETIREMENT SYSTEM; SECTION 42-53, PAYMENT OF EMPLOYER CONTRIBUTIONS; BY AMENDING ARTICLE IV, DEFINED CONTRIBUTION RETIREMENT PLAN; SECTION 42-83, PAYMENT OF EMPLOYER CONTRIBUTIONS; BY REFLECTING THE SALE OF THE CITY S WASTEWATER COLLECTION AND TRANSMISSION SYSTEM TO PINELLAS COUNTY. ROLL CALL VOTE: KENNEDY HAMILTON-WOLLIN Page 12 of 19

13 HANNA HOOFNAGLE JOHNSON MOTION CARRIED UNANIMOUSLY. Mayor Johnson announced second and final reading is scheduled for April 11, C. ORDINANCE NOL FIRST READING. Amending Chapter 62, Traffic and Vehicles; Article III, Operation of Golf Carts, Section 62-40, Golf carts; of the Code of Ordinances, City of Indian Rocks Beach; by changing the penalty language for violation of the ordinance. BACKGROUND: The City Commission determined that it was in the best interest of the public health, safety, and welfare to regulate the operation and equipment of golf carts. The City Commission did enact what is presently known as Chapter 62, Traffic and Vehicles, Article III, Operation of Golf Carts, of the City s Code of Ordinances in furtherance of that interest. The present ordinance has unclear penalty and enforcement language that references out of date state statutes. ANALYSIS: Staff recommends the following amendments to Section 62-40, Golf Carts: (6) Penalties. A violation of subsection (a) of this section is a noncriminal violation pursuant to F.S (7) and is punishable as a nonmoving violation. A violation of subsection (c) of this section is noncriminal violation pursuant to F.S (7) and is punishable as a moving violation. Violations of this article shall be enforced pursuant to or otherwise consistent with the provisions of F.S , F.S , and city ordinances by a law enforcement officer or city code enforcement officer as such officer's legal authority and jurisdiction allows. Code enforcement officers shall have the right to enforce all matters having to do with golf cart required equipment, the streets upon which golf carts may be operated, and all other matters not exclusively within the jurisdiction of and lawful authority of law enforcement officers. City Attorney Mora read Ordinance No by title only on first reading. Page 13 of 19

14 City Manager Mims stated the ordinance needs to be updated to correspond with Florida Statutes. Seeing and/or hearing no one wishing to speak, the public comment session was closed. MOTION MAE BY COMMISSIONER HOOFNAGLE, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE ORDINANCE NO , ON FIRST READING, AMENDING CHAPTER 62, TRAFFIC AND VEHICLES; ARTICLE III, OPERATION OF GOLF CARTS, SECTION 62-40, GOLF CARTS; OF THE CODE OF ORDINANCES, CITY OF INDIAN ROCKS BEACH; BY CHANGING THE PENALTY LANGUAGE FOR VIOLATION OF THE ORDINANCE. ROLL CALL VOTE: KENNEDY HAMILTON-WOLLIN HANNA HOOFNAGLE JOHNSON MOTION CARRIED UNANIMOUSLY. Mayor Johnson announced second and final reading is scheduled for April 11, A. DISCUSSION OF Gulf Boulevard Zoning. City Manager Mims stated staff felt it was important to have a work session to discuss Land Development Regulations on how they affect the development of property. City Manager Mims stated this is an educational session and stated Planner Harmon will speak on what are the City s requirements now. He stated the work session is to receive feedback from both the City Commission and the audience on what they like and do not like. City Manager Mims explained the process for amending the Land Development Regulations. Planner Harmon reviewed the following slides: Overall zoning map for the City. Reviewed setback requirements for Business, Commercial, P-1, and RM-2 zoning districts. [The zoning districts along Gulf Boulevard.] Reviewed the parking requirements for single-family/duplex, multi-family, office, motels, restaurants, and bed/breakfast. Page 14 of 19

15 Reviewed the Community Impact Statement which is required for six or more units, 3,000 square feet or larger commercial. A Community Impact Statement may be required at the discretion of the City Manager for projects that do not meet these parameters. Reviewed the Planned Unit Development (PUD), stating a PUD is only allowed in the RM-2 or CT zoning districts and must be one acre or larger. Reviewed that in the Business District Triangle, the first floor is required to be commercial with the second and third floors being for residential uses. Reviewed height requirements. Reviewed slides of the Uptown Commercial Area from the USF Study. Reviewed the minimum square footage for a duplex (5,808) in the RM-2 zoning district between 7 th and 8 th Avenues along Gulf Boulevard. Commissioner Hoofnagle thanked Action 2000, Inc., for helping the City put together a long term conceptual vision in The idea of the Uptown Commercial Area could be a compact commercial district with main street-like characteristics along Gulf Boulevard creating somewhat of a continuous commercial frontage that he thinks would be an appealing neighborhood which is what the City wants to preserve a neighborhood and main street feel. There were some recommendations in this study which included flexibility on setbacks, density, and building heights. Those recommendations were never put into the Building Code and this is a fantastic time to think about that. Commissioner Hoofnagle stated when one constructs a mixed-use facility, the number of required trips are reduced for that commercial endeavor because by definition, some of the individuals that live in the upper units will walk to the commerce downstairs. He stated one way the City may be able to encourage mixed-use development is to have a mobility credit for mixed-use development where the presence of mixed-use reduces car traffic, and therefore, the impact can be reduced associated with mobility. Vice Mayor Hamilton-Wollin stated she has been looking at these plans for years and wondering why the City just sits here and does nothing. She stated this would be such an addition to the City she thought that when the first time she saw the study. The City is going to grow, so it has to be done in an intelligent and attractive way. This is really a quality of life issue and she thinks if anything is done less, the City is selling its citizenry short. Commissioner Kennedy stated young and old people want to be able to walk in their communities to the stores and the restaurants. She stated Dr. Trent Green, who oversaw the USF Study, showed countless statistics about how mixed-use lowers the amount traffic. She stated mixed-use creates safer areas and Forward Pinellas is going to different cities to promote mixed-use. Page 15 of 19

16 Commissioner Kennedy briefly discussed how her grandparents in Chicago lived in what today is called mixed-use a bakery on the bottom floor with their residence being on the second and third floors. She stated mixed-use is not a new concept. Commissioner Kennedy stated the Business District Triangle has an overlay zone that the City originally talked about and she does not see anything about that in Planner Harmon s presentation. Planner Harmon stated the overlay zone for the Business District Triangle is addressed in the Land Development Regulations. Commissioner Kennedy inquired about bed and breakfast parking; to which Planner Harmon stated the owner would have one parking space plus one parking space for each room. Commissioner Kennedy stated a lot of people have different views of what mixed-use is, and when the process is started, it should be made very clear to the citizenry on how the City will be using mixed-use. Commissioner Hanna stated inquired how does the incentivise a developer toward mixed-use projects. He stated the City is at the stage where there is an opportunity and the City needs to take that opportunity to assure what the citizenry wants the City to look like. He stated the City is going to grow even if the citizenry does not want it to grow. He stated mixed-use is a good idea if the City can incentivise developments to design and construct mixed-use projects. Commissioner Hanna stated he is more concerned about Gulf Boulevard between 7 th and 9 th Avenues; because if nothing is in place, a developer can come in tomorrow and decide to build there. Mayor Johnson gave a brief history on the lots between 7 th and 9 th Avenues along Gulf Boulevard and the canyon-effect. Mayor Johnson stated he would like to see the required 25-foot setback from Gulf Boulevard amended, so that buildings will have to be set back further from Gulf Boulevard. However, the Bert J. Harris, Jr. Private Property Rights Protection Act of 1995 created a new cause of action for an aggrieved property owner who demonstrates that governmental action inordinately burdens his property. [The terms "inordinate burden" or "inordinately burdened" mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect Page 16 of 19

17 to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. ] Mayor Johnson stated the Bert Harris Act has resulted in cities stepping back from doing things like amending their zoning code by reducing the heights of buildings because that is perceived as a taking of significant value of the property. However, there are other tools, like setbacks, to affect the size or the feel of buildings or how far they are set back. Mayor Johnson inquired if there is a way to push back the tall buildings that front Gulf Boulevard, so that they do not have that towering effect. He stated the City Code does address the narrow lots on the west side of Gulf Boulevard in the CT zoning district, and stated those same codes can be used on the east side of Gulf Boulevard. Mayor Johnson stated the City severely under-regulates or decrees that there is enough landscaping for new development on Gulf Boulevard. He stated by having more landscaping, it increases the street front value. He stated Gulf Boulevard is the City s main street and the City should be able to ask for those things. Mayor Johnson questioned how does the City get a developer sensitized into doing mixed-use without giving away so much that it creates a project that is out of scale with what people consider Indian Rocks Beach or the base or the feel of Indian Rocks Beach to be. Commissioner Kennedy stated she spoke to the developer for the property at 315 Gulf Boulevard about mixed-use, and he told her that it would not work for him. She further stated in the Business District Triangle Overlay Zone, it suggests that buildings should have a Key West-style flare; however, the City could not force the developer to do that. She stated the developer did follow the City Code and was allowed to construct that building. Commissioner Hanna stated the City cannot force developers to do something that is not in the City Code. The best way is to come up with a program with incentives and kind of paint the vista let the builder see what it can be and encourage them to get involved with it and accept their ideas, and then put something together using the right direction. City Manager Mims stated there are design guidelines for the Business District Triangle, and the developer of 315 Gulf Boulevard did meet them. He stated there will be architecture items added to the front of the building as well as the back of the building. Page 17 of 19

18 Bill (LNU), 20 th Avenue, stated he has lived in Indian Rocks Beach for 40 years, and he has seen a lot change. There has been a lot of development, but the City still has the most unique beach and a very unique place to live and this is why he moved here. He stated it is changing and it is going to change and he understands that. But, it does not have to mean developers can come in and develop the way that they want to develop. It is unique and it should be kept that way. [The sound system malfunctioned for public comments.] Jim Palamara, th Avenue, stated he agrees with City Manager Mims when it comes to planning and development of commercial properties. He stated any property that is an acre or more should be required to be a Planned Unit Development, then the City will have some say and will be able to work with the developer. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HOOFNAGLE, TO EXTEND THE MEETING PAST 9:30 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. City Manager Mims explained the next steps for processing Land Development Regulation amendments. Mayor Johnson stated he agrees with having Planned Unit Developments smaller than one acre in any zoning. There has been discussion about changing it from 1 acre to ½ acre. Commissioner Hoofnagle stated the City Commission heard a little about residential versus mixed-use, and he wanted to remind the City Commission and the audience that retail has changed and residential has changed more dramatically because individuals are purchasing residential to rent it out on BRBO or Home Away, so be careful what the City wishes for. He stated he wants to encourage Planned Unit Developments and find ways to have that area an anchor area where people would be attracted to come and mill around and engage in commerce. Maybe the City cannot get there, but if there could be an Uptown Neighborhood where people can spend time, walk around, ride their bikes, and spend some money; that would be great. Commissioner Hanna stated real estate has always been based on highest and best use, and now is the perfect time to make a landscape of what the City Commission and residents want Indian Rocks Beach to be. He stated if certain things are built and the business climate is there, it will see a need, and it can come in even if it is a scaled-down or mini verison of something as a service. 9. OTHER BUSINESS. Page 18 of 19

19 Mayor Johnson stated he would like for the City Attorney to research how to approach the Florida Legislature about having the Auditor General s Office prepare an oversight review on the Fire District. 10. ADJOURNMENT. MOTION MADE BY VICE MAYOR HAMILTON-WOLLIN, SECONDED BY COMMISSIONER HOOFNAGLE, TO ADJOURN THE MEETING AT 10:00 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. March 28, 2017 Date Approved R.B. Johnson, Mayor-Commissioner ATTEST: Deanne B. O Reilly, MMC, City Clerk Page 19 of 19