CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR WORKSHOP JUNE 2, 2015 IMMEDIATELY FOLLOWING THE COMMISSION MEETING I. DISCUSSION 1. Consideration of Ord.-15-10, Ballot Questions on PD Zoning District Height and Density 2. Request from Greg Taylor Regarding Amendments to License Agreement 3. Consideration of Res. 15-49, Facility Use Agreement - Secondary Emergency Operations Center 4. City Clerk Recruitment II. OLD BUSINESS III. CITY MANAGER AND CITY ATTORNEY REPORT IV. CITY COMMISSION REPORTS V. PUBLIC COMMENT VI. ADJOURN Any person desiring to file an appeal to any action taken by the Commission at this meeting will need a record of the proceedings and for such purpose may be required to insure that a verbatim transcript is made. Said transcript shall be made by the appellant at his or her expense. Therefore, you may wish to provide a court reporter at your expense. Any person with a disability who needs any accommodation in order to participate in this proceeding is entitled to assistance at no cost. Please contact the office of the City Clerk in writing at 120 108 Avenue, Treasure Island FL 33706 or by phone at 727 547 4575 at least two working days prior to the meeting to advise what assistance is needed. City of Treasure Island, Florida Page 1 of 1
1.1.a DATE: May 27, 2015 TO: FROM: SUBJECT: Background: Reid Silverboard, City Manager Paula Cohen, Community Improvement Director Ord 15-10, Ballot Questions on PD Zoning District Height and Density At the January 6, 2015 meeting the City Commission was scheduled to hold second readings and Public Hearings on Ord 14-13 amending the FLUE of the Comprehensive Plan to provide for the PD Planned Development Land Use District, Ord 14-14 creating the PD LDRs, and Ord 14-18 which provided for Ballot Questions on the issue of height and density in the proposed PD LDRs. At that meeting the Commission did not take any action on Ord14-18, and subsequently the other two ordinances were withdrawn. As a result, staff redrafted both the FLUE amendment and the PD LDRs. Among other items, the maximum height and density that could be approved for a Development Plan was reduced. However the proposed ordinances would still result in an increase in height and density and therefore must be approved by the voters pursuant to Section 68-126 of the Land Development Code. The City Commission reviewed the proposed Ord 15-08, Planned Development Zoning District and Ord 15-09, Comp Plan FLUE Amendments at its May 5, 2015 Workshop and approved moving the ordinances forward so that they could be considered on 1 st Reading at a Public Hearing. On May 14 and 21, 2015, the LPA considered the proposed Comp Plan FLUE Amendment Ordinance 15-09, and the PD Zoning District Ordinance 15-08 respectively and recommended its approval to the City Commission. As noted, the PD LDRs provide an opportunity for more height and density than currently allowed in the LDRs and will require approval by the voters. The City s Land Development Regulations states: CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM June 2, 2015 Item No. I-1 Section 68-126. - Changes requiring approval by electors. Any changes in the land development regulations of the city that would allow an increase in the number of units per acre (density) or an increase in allowable height of buildings must be approved by a majority of the qualified electors of the city. Page 1 of 4 Attachment: Ord 15-10, Ballot Questions on PD Zoning District Height and Density cover memo workshop 6-2-15 final (Ord.-15-10 : Ord. 15-10, Packet Pg. 2
1.1.a Ordinance 15-08 proposes the following Height and Density in eligible locations which are identified in Figures 1 and 2: Section 68-415.03 Height Limit: The maximum building height in the PD shall not exceed 5 living levels or 60 feet above base flood elevation plus 2.0 feet of freeboard. If the referendum is approved, the maximum height in the PD shall be up to 7 living levels within a maximum of 84 feet above base flood elevation plus 2.0 feet of freeboard. Section 68-415.04 Maximum Density: Properties with the following Future Land Use Classifications, the maximum allowable densities allowed are: a. Resort Facilities High up to 15 permanent residential dwelling units per acre. b. Resort Facilities High up to 50 hotel, motel and condo-hotel units per net acre for Planned Development eligible properties. c. Commercial General up to 22 hotel, motel and condo-hotel units per net acre. If the referendum questions regarding density are approved, for properties with the following Future Land Use Classifications, the maximum allowable densities are: a. Resort Facilities High up to 75 hotel, motel and condo-hotel units per net acre for PD eligible properties located between 104 th Avenue and 119 th Avenue on the west side of Gulf Blvd and located north of 127 th Avenue on the west side of Gulf Blvd. (subject to referendum approval). b. Commercial General up to 60 hotel, motel and condo-hotel units per net acre located north of 127 th Avenue, on the east side of Gulf Blvd. (subject to referendum approval). Ordinance No. 15-10 sets out the ballot questions for the November 3, 2015 Municipal General Election which address the number of motel/hotel units per net acre and the increase in allowable height of buildings described in the draft Planned Development Zoning District Ordinance. The cost for including the ballot questions on the November 3, 2015 Municipal General Election is estimated at $3,600 by the Supervisor of Elections office. Staff Recommendation: City staff recommends adoption of Ordinance No. 15-10 and requests this ordinance be scheduled for first reading and public hearing after required advertising. Attachment: Figure 1 of draft Planned Development Zoning Ordinance Figure 2 of draft Planned Development Zoning Ordinance Draft Ordinance No. 15-10 Ord 15-10, Ballot Questions on PD Zoning District Height and Density cover memo workshop 6-2-15 final 2 Attachment: Ord 15-10, Ballot Questions on PD Zoning District Height and Density cover memo workshop 6-2-15 final (Ord.-15-10 : Ord. 15-10, Packet Pg. 3
1.1.a 3 Attachment: Ord 15-10, Ballot Questions on PD Zoning District Height and Density cover memo workshop 6-2-15 final (Ord.-15-10 : Ord. 15-10, Packet Pg. 4
1.1.a 4 Attachment: Ord 15-10, Ballot Questions on PD Zoning District Height and Density cover memo workshop 6-2-15 final (Ord.-15-10 : Ord. 15-10, Packet Pg. 5
1.1.b ORDINANCE NO. 15-10 AN ORDINANCE OF THE CITY OF TREASURE ISLAND, FLORIDA SETTING A REFERENDUM ELECTION ESTABLISHING THE MAXIMUM BUILDING HEIGHT AND THE MAXIMUM DENSITY OF HOTEL, MOTEL, OR CONDO- HOTEL UNITS IN THE PLANNED DEVELOPMENT ZONING DISTRICT; ESTABLISHING THE QUESTIONS TO BE PRESENTED TO THE ELECTORATE AT SUCH REFERENDUM; PROVIDING FOR THE DATE OF SUCH REFERENDUM ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 21, 2015 the Planning and Zoning Board, sitting as the Local Planning Agency recommended approval of the Planned Development Zoning District with a maximum height of up to 7 living levels within a maximum of 84 feet above base flood elevation plus 2 feet of freeboard; and WHEREAS, on May 21, 2015 the Planning and Zoning Board, sitting as the Local Planning Agency recommended approval of the Planned Development Zoning District with a density of up to 75 hotel, motel, or condo-hotel units per net acre for property in the Resort Facilities High land use category; and WHEREAS, on May 21, 2015 the Planning and Zoning Board, sitting as the Local Planning Agency recommended approval of the Planned Development Zoning District with a density of up to 60 hotel, motel, or condo-hotel, units per net acre for parcels in the Commercial General land use category; and WHEREAS, the City Commission desires to amend the Land Development Regulations of the City of Treasure Island to include hotel, motel, or condo-hotel, units and maximum building heights permitted in the new Planned Development Zoning District by submitting three (3) questions for a vote of the electorate pursuant to the Treasure Island Code of Ordinances, Chapter 68, Article III, Section 68-126. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND, FLORIDA DOES ORDAIN: SECTION 1. That in order to determine whether Chapter 68 Land Use, Article VI District Regulations, Division 12, Planned Development Zoning District, Section 68-415.03 Height Limit, of the Land Development Regulations of the City of Treasure Island, Florida shall be adopted to establish the maximum height permitted in the Planned Development Zoning District, the following question shall be presented to the electorate of the City of Treasure Island, Florida on a ballot in conjunction with the Municipal General Election to be held on November 3, 2015. Page 1 of 3 Attachment: Ord 15-10, Ballot Questions on PD Zoning District Height and Density workshop 6-2-15 final (Ord.-15-10 : Ord. 15-10, Ballot Packet Pg. 6
1.1.b REFERENDUM QUESTION #1 ESTABLISHING A MAXIMUM HEIGHT IN THE PLANNED DEVELOPMENT ZONING DISTRICT: Shall Section 68-415.03, Height Limit, of the Land Development Regulations for the Planned Development Zoning District be enacted to permit an increase of maximum height from 5 living levels within a maximum of 60 feet above base flood elevation plus 2 feet of freeboard to up to 7 living levels within a maximum of 84 feet above base flood elevation plus 2 feet of freeboard? YES (For the proposal) NO (Against the proposal) SECTION 2. That in order to determine whether Chapter 68 Land Use, Article VI District Regulations, Division 12, Planned Development Zoning District, Section 68-415.04 Maximum Density, of the Land Development Regulations of the City of Treasure Island, Florida shall be adopted to establish the maximum density of hotel, motel, or condo-hotel units per net acre in the Planned Development Zoning District; the following referendum questions shall be presented to the electorate of the City of Treasure Island, Florida on a ballot in conjunction with the Municipal General Election to be held on November 3, 2015: REFERENDUM QUESTION #2 ESTABLISHING MAXIMUM TEMPORARY LODGING DENSITY FOR PLANNED DEVELOPMENT ZONING DISTRICT: Shall Section 68-415.04, 2. (b), Maximum Density, of the Land Development Regulations for the Planned Development Zoning District be enacted to permit an increase from 50 hotel, motel, or condo-hotel units per net acre to up to 75 hotel, motel, or condo-hotel units per net acre and designated in the Comprehensive Plan as Resort Facilities High Land Use Category? YES (For the proposal) NO (Against the proposal) Page 2 of 3 Attachment: Ord 15-10, Ballot Questions on PD Zoning District Height and Density workshop 6-2-15 final (Ord.-15-10 : Ord. 15-10, Ballot Packet Pg. 7
1.1.b REFERENDUM QUESTION #3 ESTABLISHING MAXIMUM TEMPORARY LODGING DENSITY FOR PLANNED DEVELOPMENT DISTRICT PROJECTS FOR COMMERCIAL GENERAL PROPERTIES: Shall Section 68-415.04, 2.(d), Maximum Density, of the Land Development Regulations for the Planned Development Zoning District be enacted to permit an increase from 22 hotel, motel, or condo-hotel units per net acre to up to 60 hotel, motel, or condo-hotel units per net acre for properties designated in the Comprehensive Plan as Commercial General Land Use Category? YES (For the proposal) NO (Against the proposal) SECTION 3. This ordinance shall take effect immediately upon its final passage, and any amendments to the Land Development Regulations proposed by this Ordinance and approved by the electorate shall be effective the date after such referendum approving such amendments, and the certifying of such election. FIRST READING on the of, 2015. SECOND READING AND PUBLIC HEARING on the of, 2015. PUBLISHED in the Tampa Bay Times on the day of, 2015. ATTEST: Dawn Foss, City Clerk Approved as to form and legal sufficiency: Maura J. Kiefer, City Attorney Ord 15-10, Ballot Questions on PD Zoning District Height and Density workshop 6-2-15 final Page 3 of 3 Robert Minning, Mayor Attachment: Ord 15-10, Ballot Questions on PD Zoning District Height and Density workshop 6-2-15 final (Ord.-15-10 : Ord. 15-10, Ballot Packet Pg. 8
1.2.a May 11, 2015 Reid Silverboard, City Manager City of Treasure Island, FL 120 108 th Avenue Treasure Island, FL 33706 TAYLOR BEACH SERVICE 11905 3 RD STREET EAST #G TREASURE ISLAND, FL 33706 gataylor7@gmail.com RE: Amendment to License Agreement: Prohibition of Vehicles on the Beach Dear Mr. Silverboard: The Florida Statute provides an exception from the general prohibition of vehicles on coastal beaches for maintenance or public safety. The City of Treasure Island has the authority to authorize the use of maintenance and public safety vehicles on the beach. In the interest of public safety, the City recently amended my license agreement to include the use of trucks and trailers to remove all rental equipment from the beach in the event of a tropical storm warning issued for Pinellas County. My request is that this should be expanded to include the use of my truck to secure all rental equipment on the beach in the event of a thunderstorm warning or tornado watch issued for our area. And my responsibility for the maintenance or removal of any broken or unsafe rental equipment to insure public safety. Sincerely, Gregory A. Taylor Taylor Beach Service cc: Maura Kiefer, City Attorney City Commissioners Attachment: Letter 5-11-15 Taylor (1253 : Request from Greg Taylor Regarding Amendments to License Agreement) Packet Pg. 9
1.2.b Foss, Dawn From: Sent: To: Subject: Reid, Please place on the next agenda. Bob Minning, Robert Monday, May 25, 2015 8:26 AM Silverboard, Reid FW: Amendment to License Agreement: Prohibition of Vehicles on beach From: Greg Taylor [gataylor7@gmail.com] Sent: Sunday, May 24, 2015 6:17 PM To: Minning, Robert Subject: Amendment to License Agreement: Prohibition of Vehicles on beach Dear Mr. Minning, I would like to have the request stated in my letter to the City Manager dated May 11, 2015 concerning the use of my truck on the beach for specific public safety purposes placed on the upcoming workshop agenda. Thank you. Greg Taylor 1 Packet Pg. 10 Attachment: FW Amendment to License Agreement Prohibition of Vehicles on beach (1253 : Request from Greg Taylor Regarding Amendments
1.3.a DATE: May 21, 2015 TO: FROM: SUBJECT: DISCUSSION: Reid Silverboard, City Manager Bill Mallory, Fire Chief Res 15-49, Facility Use Agreement Secondary Emergency Operations Center The cities of Treasure Island, St. Pete Beach, and South Pasadena have had agreements with the Pasadena Community Church for use of their facilities for emergency operations since 1983. The facilities are used as our secondary emergency operations center during hurricane threats when evacuation of the Island is necessary due to anticipated storm surge or significant coastal flooding. The current agreement was approved June 15, 2010 with a term of July 1, 2010 June 30, 2015. The renewal agreement is the same with a new term of July 1, 2015 - June 30, 2020. RECOMMENDATION: CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM June 2, 2015 Item No. I-3 Staff recommends Commission approval of Resolution 15-49 authorizing the City Manager to renew the Facilities Use Agreement with Pasadena Community Church with a term of July 1, 2015 June 30, 2020. Res 15-49, Pasadena Community Church Facility Use Agreement for Secondary EOC cover memo workshop 6-2-15 Attachment: Res 15-49, Pasadena Community Church Facility Use Agreement for Secondary EOC cover memo workshop 6-2-15 (Res. 15-49 : Page 1 Packet Pg. 11
1.3.b RESOLUTION 15-49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PASADENA COMMUNITY CHURCH TO UTILIZE THE CHURCH FACILITY AS THE CITY S SECONDARY EMERGENCY OPERATIONS CENTER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, since 1983, the cities of Treasure Island, St. Pete Beach, and South Pasadena have had agreements with the Pasadena Community Church for use of their Life Enrichment Center (LEC) as the Cities secondary emergency operations center; and WHEREAS, the most recent agreement approved by the City Commission on June 16, 2010 is set to expire on June 30, 2015; and WHEREAS, officials of the Pasadena Community Church have agreed to enter into a Facility Use Agreement at the same terms and conditions for a period of five (5) years - July1, 2015 to June 30, 2020; and WHEREAS, it has been determined that it is in the best mutual interest of the City of Treasure Island and Pasadena Community Church that said agreement be approved. NOW, THEREFORE, THE CITY COMMISSION OF TREASURE ISLAND DOES HEREBY RESOLVE: 1. The City Manager is authorized to enter into a Facility Use Agreement with the Pasadena Community Church for the City's use of the Church facility as the City's secondary emergency operations center (Exhibit 1 attached). 2. This resolution is effective immediately upon adoption. The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida sitting on the day of June, 2015 by Commissioner who moved its adoption, was seconded by Commissioner and upon roll call, the vote was: YEAS: NAYS: ABSENT OR ABSTAINING: ATTEST: Dawn Foss, City Clerk Res 15-49, Pasadena Community Church Facility Use Agreement for Secondary EOC workshop 6-2-15 Robert Minning, Mayor Attachment: Res 15-49, Pasadena Community Church Facility Use Agreement for Secondary EOC workshop 6-2-15 (Res. 15-49 : Res. 15-49, Packet Pg. 12
1.3.c Exhibit 1 FACILITY USE AGREEMENT An Agreement for the use of-the Life Enrichment Center (LEC) on property owned by the Pasadena Community Church, by and between the City of Treasure Island, Florida with its principal place of business located at 120 108 Ave Treasure Island, Florida 33706 (hereinafter, "the City"), and the Pasadena Community Church, a Florida Corporation, with its principal place of business located at 227 70th Street South, St. Petersburg, Fl., 33707 (hereinafter, "the Church"). WITNESSETH: FOR and in consideration of the covenants herein contained, the parties agree as follows: 1. The Church agrees to allow the City to use the LEC located at the Church for the purpose of emergency operations in accordance with the terms of the Support Center Plan as defined below. 2. This Agreement shall be in effect from July 1, 2015 through June 30, 2020. The City and Church may cancel this Agreement at will, without cause and in its sole discretion upon thirty (30) days written notice to the other party. 3. Prior to execution of this lease, the City agrees to submit a ''Support Center Plan" to include such items as contact information; notification procedures; schedule for improvements; diagram identifying specific areas for use; and general operating procedures. The City agrees to meet with Church representatives by May 1 each year to review the "Support Center Plan" and make the necessary adjustments as determined by the parties. 4. To the extent permitted by law and without waiving its sovereign immunity, the City agrees to assume liability for and indemnify, hold harmless, and defend the Church, its officers, employees, agents, and attorneys from and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of this Agreement whether or not due to or caused by the negligence of the Church, its officers, employees, agents, and attorneys excluding only the sole negligence of the Church, its officers, employees, agents and attorneys. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. Nothing contained in the foregoing indemnification shall be construed as a waiver of any immunity or limitation of liability the City may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. Subject to the limitations set forth in this Section, the City shall assume control of the defense of any claim asserted by a third party against the Church and, in connection of such defense, shall appoint lead counsel, in each case at the City's expense. The Church shall have the right, at its option, to participate in the defense of any third party claim, without relieving the City of any of its obligations hereunder. If the City assumes control of the defense of any third party claim in accordance with this paragraph, the City shall obtain the prior written consent of the Church before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the City shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by the Church and all expenses, including experts fees, if (i) an adverse determination with respect to the third party claim would, in the good faith judgment of the Church, be detrimental in any material respect to the Church's reputation; (ii) the third party claim seeks an injunction or equitable relief against the Church; or (iii) the City has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith. 5. The City agrees that it shall exercise reasonable care in the conduct of its activities in such facilities and further agrees to replace or reimburse the Church for any foods or supplies that may be used by the City in the conduct of its activities at the LEC. The-City further agrees to repair, replace, or Attachment: Res 15-49, Pasadena Community Church Facility Use Agreement for Secondary EOC Exhibit 1 workshop 6-2-15 (Res. 15-49 : Res. Packet Pg. 13
1.3.c 1. reimburse the Church for any damage to the property of the Church caused by any act or omission by the City during its use of the property within sixty (60) days of the date it ceases use of the property. In the event the City fails to make such repair or replacement within sixty (60) days, the Church may perform such repairs or replacement as it, in its sole discretion, determines necessary to return the LEC to the condition it was in prior to the City's occupation, normal wear and tear excepted. The Church shall then provide the City with a detailed invoice setting forth the costs incurred in making the repairs or replacement and the City shall be obligated to pay the invoice within fifteen (15) days of delivery of the invoice. 6. The City at its expense shall keep in force during the term of this Agreement, insurance from an insurance company licensed in the State of Florida. The required insurance shall be evidenced by a certificate of insurance which must be submitted to, and approved by, the Church prior to the effective date of this Agreement. The Church shall be named as an additional insured under the policy, and the Church shall be provided with a 30 day notice in the event of cancellation, non-renewal or adverse change to the policy. The City shall provide, on forms no more restrictive than the latest edition of those filed by the Insurance Services Office, Comprehensive, General Liability Insurance with a minimum limit of $1,000,000 per occurrence combined single limit and aggregate of $2,000,000. 7. This Agreement may not be assigned or transferred in any manner by the City without the written consent of the parties. 8. This Agreement shall be binding upon the parties hereto, their successors and assigns. 9. Any previously existing oral or written agreements between the parties shall be terminated as of the date of this Agreement and shall be deemed to be hereinafter null and void and of no further force and effect whatsoever. This Agreement constitutes the entire agreement between the parties hereto; it may only be modified or amended in writing signed by all parties. 10. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Pinellas County, Florida. If any provision hereof, excluding paragraph 4, is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision, excluding paragraph 4, shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. If paragraph 4 is deemed unenforceable, then this Agreement shall terminate immediately. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of, 2015. ATTEST: Dawn Foss, City Clerk Reviewed for Legal Sufficency City Attorney CITY OF TREASURE ISLAND, FLORIDA BY: City Manager PASADENA COMMUNITY CHURCH BY: PCC REPRESENTATIVE Res 15-49, Pasadena Community Church Facility Use Agreement for Secondary EOC Exhibit 1 workshop 6-2-15 Page 2 Attachment: Res 15-49, Pasadena Community Church Facility Use Agreement for Secondary EOC Exhibit 1 workshop 6-2-15 (Res. 15-49 : Res. Packet Pg. 14
1.4.a Chapter 2 - ADMINISTRATION ARTICLE II. - OFFICERS AND EMPLOYEES Sec. 2-71. - City manager, city clerk and deputy city clerk coordination and administration. The roles and coordination of the city manager, city clerk and deputy city clerk are defined as follows: (1) The city clerk and deputy city clerk shall be appointed by the city commission and serve at the pleasure of the city commission for such compensation as may be set by the city commission and shall be responsible for the duties as defined in the City Charter. The city manager will assist the city commission by making recommendations to the city commission regarding the employment, termination and compensation of the city clerk and deputy city clerk. (2) The administrative decisions regarding workload and work priorities for the city clerk and deputy city clerk will be coordinated with the city manager. (3) The evaluation of the city clerk and deputy city clerk will be conducted annually by the city manager and provided to the city commission. The city clerk and deputy city clerk may request a review of their evaluations by the city commission, who may make the final determination(s) of the evaluations. (4) The city manager will prepare a budget that includes the city clerk and deputy city clerk, including proposed salary levels and recommendations, for the city commission during the annual fiscal year budget process. Attachment: City Clerk (1255 : City Clerk Recruitment) Packet Pg. 15