CITY OF INDIAN ROCKS BEACH

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on, 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 Joanne Cookie Kennedy Commissioner Terry Hamilton-Wollin Commissioner Phil J. Hanna Commissioner Daniel J. Torres City Manager Charles S. Coward City Attorney Maura J. Kiefer City Clerk Deanne Bulino O Reilly Planning & Zoning Director Danny E. Taylor Public Services Director Dean A. Scharmen 1. PRESENTATIONS. None. 2. PUBLIC COMMENTS. Don House, 2104 Beach Trail, stated, regarding the outside amplified music issue, he feels that the bands are doing things that are fundamentally wrong, and that in 20 minutes, he could educate the bands as to how to contain their music. Michael Davis, 612 Barry Place, commented regarding the measurement and calibrations in regard to the City s noise ordinance, and provided the cities of Jacksonville Beach and Sanibel Noise Codes for reference. 3. ORGANIZATIONAL REMARKS. None. 4A. REPORTS OF THE CITY ATTORNEY. Page 1 of 37

2 HOLSOPPLE LAWSUIT: City Attorney Kiefer reported that the attorney in the lawsuit has indicated that Mr. Holsopple has agreed to dismiss the case. WHITEHURST LAWSUIT: City Attorney Kiefer advised that the Whitehurst Motion for Summary Judgment has been rescheduled to March 12, B. REPORTS OF THE CITY MANAGER. NOVEMBER 30, 2009 FINANCIAL REPORT: City Manager Coward briefly reviewed the November 30, 2009 Financial Report. CITY INSERT IN THE GRIFFIN IRB NEIGHBORHOOD NEWSLETTER: City Manager Coward discussed a proposal from Mr. Griffin, of Griffin Publications, about the City having a regular insert in the Indian Rocks Beach Newsletter every other month. He noted that previous publications by the City were produced at approximately $20,000 per year. He advised that the proposal from Mr. Griffin would cost approximately $4,000 per year. City Manager Coward explained his intent is to implement the concept of a four-page City insert into the Indian Rocks Beach Neighborhood Newsletter on a three-issue trial basis, which would be for the publications in March, May, and July. The cost would be about $2,000 and continuation of the effort can be a topic of program change discussions during the preparation of the FY Budget Process. He advised that the cost is within his funding limits, and there is money within the City Manager s Budget that can be used. Bob Griffin, of Griffin Publications, explained that the cost of $4,000 is the City s printing costs, and the rate he proposed is half his normal rate. He explained that his suggestion was a result of his noting that there are important City issues that are not reported in the newsletter that he does not have room to report. He advised that his newsletter would continue to report on events in the City as always. COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT DEPARTMENT OF COMMUNITY AFFAIR S OBJECTIONS, RECOMMENDATIONS, AND COMMENTS. City Manager Coward advised during the January 26, 2010 City Commission Meeting, Planning and Zoning Director Taylor will be presenting the Department of Community Affair s Objections, Recommendations, Comments regarding the City s Comprehensive Plan s Evaluation and Appraisal Report. Page 2 of 37

3 CENSUS BUREAU MEETINGS. City Manager Coward advised that the Census Bureau has been and will be conducting meetings/testing in the Civic Auditorium between December 2009 through March 2010, in order for them to hire and train local people. 4C. REPORTS OF THE CITY COMMISSION. VICE MAYOR KENNEDY: Expressed her appreciation for the monthly financial reports provided by the Finance Director and the City Manager. Announced the Action 2000, Inc. (A2K) Valentines Day Dance/Dinner on Saturday, February 13, 2010, at 7:00 p.m. in Civic Auditorium. Commented regarding the undergrounding of utilities on Gulf Boulevard, which was a topic of discussion at the January 11, 2010 Action 2000, Inc. Meeting including going forward with the second phase. City Manager Coward suggested scheduling a City Commission Work Session to discuss prioritization of various public works projects and other important issues. CONSENSUS TO DIRECT STAFF TO SCHEDULE A CITY COMMISSION WORK SESSION FOR WEDNESDAY, JANUARY 20, 2010 AT 6:00 P.M. COMMISSIONER TORRES: Inquired regarding the beach raking schedule, with Public Services Director Scharmen advising the schedule is the first full week of each month taking into consideration a storm event or red tide as permitted through the State. Reported that Mike Kelly from West Pinellas Little League approached him about a Chili Cookout/Wing Event possibly in March. Reported that Phil Wrobel, President of the Homeowners Association of Indian Rocks Beach, has been talking about a Community Talent Show. Commented regarding keeping on top of the IRB Ribfest Event with Commissioner Hanna. MAYOR JOHNSON: Advised the City received a letter from Love Tourists Not Drilling who are planning an event called Hands Across the Sand on Saturday, February 13, 2010, at noon. He explained that Hands Across the Sand is a grassroots effort to publicly demonstrate the deep concern of Floridians for the health of its environment and economy. He stated they are requesting that the City support this event and join them by appointing a community coordinator representing the City s interests and Page 3 of 37

4 to help them get the word out and coordinate the actual event. He noted that the organization s website had a list of cities that had passed a resolution against offshore drilling, including Indian Rocks Beach, and also a list of State Representatives and Senators who have expressed support. He suggested that there could be some discussion at the next City Commission Meeting. Commissioner Torres noted that Winterfest is also th scheduled for February 13. CONSENSUS TO PLACE THE INFORMATION FOR THE HANDS ACROSS THE SAND EVENT ON THE CITY S WEBSITE. 5. ADDITIONS/DELETIONS. CONSENSUS TO DELETE AGENDA ITEM NO. 10B, DISCUSSION OF MATRIX OF CURRENT CAPITAL AND ADMINISTRATIVE PROJECTS, AND SCHEDULE A CITY COMMISSION WORK SESSION FOR WEDNESDAY, JANUARY 20, 2010, AT 6:00 P.M. TO DISCUSS SAID AGENDA ITEM. 6. CONSENT AGENDA: A. RESOLUTION NO Approving the City of Indian Rocks Beach, Florida, Calendar of Events for B. RESOLUTION NO Waiving portions of the City Code to allow the sale and consumption of beer in designated areas and during designated times and amplified music for the Beauty and the Beach Celebration to be held on Saturday, April 3, C. APPROVAL OF the December 8, 2009 City Commission Meeting Minutes. City Attorney Kiefer read the Consent Agenda, consisting of Agenda Item Nos. 6A through 6C, by title only. MOTION MADE BY VICE MAYOR KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 6A THROUGH 6C. UNANIMOUS APPROVAL BY ACCLAMATION. 7A. RESOLUTION NO /BOA CASE NO QUASI JUDICIAL PUBLIC HEARING. Considering a variance request of 6 feet from the required 25 foot street-front setback on the Page 4 of 37

5 property located at th Avenue. [Official Publication Date: December 30, 2009.] BACKGROUND: Douglas and Gwen Kinen, owners of a house located at 117- th 14 Avenue, zoned RM-1, seek a variance of 6 feet from the required 25 foot street-front setback to construct a sunroom. If approved, this will leave 19 feet from the front of the sunroom to the front property line. The Kinens are represented by Larry Angelocci. The size of the property is 5,950 square feet. The minimum square footage of a lot in the RM-1 zoning district is 5,800 square feet. SURROUNDING ZONING: Direction Zoning Category North RM-1 East RM-1 South S West RM-1 COMMENTS: The property is rectangular in shape, has a flat topography and slightly exceeds the minimum lot size for the RM-1 zoning district. ANALYSIS APPLICABLE CODE SECTIONS AND REVIEW CRITERIA: Code Section requires a minimum front-yard setback of 25 feet. Sec Variances. (a) Generally; criteria for granting variances. (1) The Board of Adjustments and Appeals shall recommend the authorization upon appeal, after public notice has been given and a public hearing held, of such variance from the terms of Subpart B as 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 authorize any variance from the terms of Subpart B, the board 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 property is rectangular in shape, has a flat topography and slightly exceeds the minimum lot size for the RM-1 zoning district. Page 5 of 37

6 b. Special conditions and circumstances do not result from the actions of the applicant. There is no indication that the applicant created any special conditions or circumstances. c. Granting the variance will not confer on the applicant any special privilege that is denied by the chapter to other lands, structures, or buildings in the same zoning district. Granting the variance will allow the applicant to encroach 6 feet into the front yard setback. d. The literal interpretation of the provisions of Chapter 110 would deprive other properties in the same zoning district under the terms of Chapter 110 and would work unnecessary and undue hardship upon the applicant. The literal interpretation of the Chapter 110 prohibits encroachment into the front yard setbacks. 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 requested. f. The granting of the variance will be in harmony with the general intent and purpose of Chapter 110, and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will allow the applicant to proceed with requesting a building permit based on the plans provided. BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION: Unanimous disapproval. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within one hundred and fifty feet in any direction of the subject property on December 28, Notice was posted on the subject property on December 28, 2009 per Section of the Code of Ordinances. PUBLIC CORRESPONDENCE: No correspondence was received. Pursuant to a legal notice published in the December 30, 2008 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 Attorney Kiefer read Resolution No by title only. Mayor Johnson inquired if any City Commission Member needed to disclose any ex-parte communications regarding this application. Page 6 of 37

7 Commissioner Hanna, Commissioner Torres, Vice Mayor Kennedy, and Mayor Johnson stated for the record that they had visited the site. Mayor Johnson opened the public hearing. Upon the request of Mayor Johnson, all persons planning to give testimony during this public hearing were duly sworn in by the City Clerk. Planning and Zoning Director Taylor presented the Agenda Memorandum and made a PowerPoint Presentation, including photographs of the house, the surrounding areas, an aerial view of the property, and a drawing depicting the location of the proposed addition. He explained the applicants are requesting a variance in order to construct a sunroom. He explained the construction of the sunroom would encroach into the front yard setback by 6 feet; thereby making it 19 feet from the street. Mark Madison, Tampa, Florida, representing the applicants, explained the variance request. He pointed out that they believe the criteria for approval under the Board of Adjustments and Appeals has been met by the applicant under Item A, which discusses special conditions and circumstances that exist peculiar to the land, structure, or building. He stated that the structure is of a peculiar or different nature of those surrounding it. He also noted that the circumstances are not the result of the actions of the applicants, since the current owners had no control of the development of the property or of the pool built in the backyard, which prevents them now from using the rear yard to build an addition without a variance. Mr. Madison noted that the house was built a long time ago, and by current standards, it is a small house. He stated from this standpoint, a hardship has been created on this property. Mr. Madison stated granting the requested variance would not convey any special privilege on this property, but denial would deprive the property of rights enjoyed by others on this street. Mr. Madison submitted an exhibit, which he used to illustrate other structures that encroach into the front setback, some of them dramatically. He noted a development pattern has already been set. Mr. Madison submitted a petition with signatures of neighbors in support of the variance request. Mr. Madison reiterated that this case does satisfy the criteria more than amply for approval and that the circumstances were not created by the applicants. He noted there are no adverse effects with approval of the variance. Page 7 of 37

8 th Commissioner Torres noted that the property at Avenue was granted a variance, and that it added an appeal to the block. Commissioner Hanna expressed his concern with front yard setbacks, and questioned where to draw the line in that it does set a precedent. He referred to the hardship; noting that the pool was there when the current owner purchased the property. Mr. Madison noted the line in this case for the proposed addition and referred to denying the rights that have been granted to others. Commissioner Hanna referred to the argument of homes being built prior to the current City Codes. Vice Mayor Kennedy asked what can be done other than a 6-foot variance. To which Mr. Madison stated if it would help to make it a 5 foot variance; explaining it would still be a reasonable depth for use of the room and will make the setback 20 feet; however, that will be behind one or two other instances. Commissioner Torres commented that he prefers a 5 foot variance. Mayor Johnson noted that there have been requests over the years where the applicant was asking to fill out or square off the front where the property was built many years before and intruded into the current setback. He clarified that even in that case, there had to be a request for variance. He stated there have not been that many variance requests for front yard setbacks, which are historically the most difficult to get approval, and usually they are more likely to be approved when they are smaller or not going far beyond the existing structure. He explained it puts the City in an awkward position when there is nothing extraordinary or unusual in the configuration of the property to warrant approval. Mayor Johnson seeing and/or hearing no one else wishing to speak, the public hearing was closed. MOTION MADE BY COMMISSIONER TORRES, SECONDED BY VICE MAYOR KENNEDY, TO APPROVE RESOLUTION NO /BOA CASE NO , A VARIANCE 5 FEET FROM THE REQUIRED 25 FOOT TH STREET-FRONT SETBACK ON THE PROPERTY AT AVENUE, INDIAN ROCKS BEACH, FLORIDA, AND LEGALLY DESCRIBED AS INDIAN Page 8 of 37

9 BEACH REVISED, BLOCK 30, LOT 16 & NORTH ½ VACATED ALLEY ADJACENT ON SOUTH. Commissioner Torres commented that his support for the variance is street specific, because he feels that there is more appeal with this type of addition based on the structures that are on the street. ROLL CALL VOTE: HANNA YES KENNEDY YES WOLLIN NO TORRES YES JOHNSON YES MOTION CARRIED BY A VOTE OF 4 TO 1. 7B. RESOLUTION NO /BOA CASE NO QUASI JUDICIAL PUBLIC HEARING. Considering a variance request of 2 feet to allow a new sign to be placed 3 feet from the side property line at th Avenue. [Official Publication Date: December 30, 2009.] BACKGROUND: Kyle Bennett is requesting a variance of 2 feet from the th required five-foot set-back for signs at Avenue in order to install a 44 x 26 (8 square feet each side) free standing sign. Per Section (a) this building has a total sign allowance of 16 square feet. If approved, the sign will be erected 3 feet from the (side) property line. The building measures 1600 square feet per floor. There are two businesses on the first floor and two, two-bedroom residences on the second floor. For the commercial portion of the building, one parking space is required for every 250 square feet of building, for a total of 6.4 parking spaces, rounded down to 6. Each residence on the second floor requires two parking spaces for a total of four parking spaces. There are nine parking spaces on the site, so the property is short one parking space. There are four parking spaces in front of the building with the remaining five in the rear and positioned along the east property line Two occupational licenses have been issued: one for Kyle and Ann Bennett and a second for Davis Suncoast Realty. SURROUNDING ZONING: Page 9 of 37

10 Direction North East South West Zoning Category Business Single-Family Single-Family Business ANALYSIS APPLICABLE CODE SECTIONS AND REVIEW CRITERIA: Code Section requires a minimum setback of 5 feet from the property line. Sec Variances. (a) Generally; criteria for granting variances. (1) The Board of Adjustments and Appeals shall recommend the authorization upon appeal, after public notice has been given and a public hearing held, of such variance from the terms of Subpart B as 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 authorize any variance from the terms of Subpart B, the Board 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 property is shaped like a rectangle. According to Pinellas County Geographical Information System, it measures approximately 50 feet by feet for a total of 5,625 square feet. The topography of the land is flat. Special conditions and circumstances peculiar to this property are not evident. b. Special conditions and circumstances do not result from the actions of the applicant. There is no indication that the applicant created any special conditions and circumstances. c. Granting the variance will not confer on the applicant any special privilege that is denied by the chapter to other lands, structures, or buildings in the same zoning district. Other buildings in B zoning districts have free-standing signs. d. The literal interpretation of the provisions of Chapter 110 would deprive other properties in the same zoning district under the terms of Chapter 110 and would work unnecessary and undue hardship upon the applicant. Other properties in the B zoning district are allowed to erect signs in conformance with the Page 10 of 37

11 provisions of Chapter 110. Under the provisions of Chapter 98, the applicant has to meet the 5 foot setback. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. If the variance requested is granted, it would be the minimum. f. The granting of the variance will be in harmony with the general intent and purpose of Chapter 110, and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will be in harmony with the general intent and purpose of Chapter 110. There is no indication that the requested variance will be injurious or detrimental to the public welfare. BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION: Approval on a vote of 3 to 1 with Board Member Clark dissenting. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within one hundred and fifty feet in any direction of the subject property on December 28, Notice was posted on the subject property on December 28, 2009 per Section of the Code of Ordinances. PUBLIC CORRESPONDENCE: No correspondence was received. Pursuant to a legal notice published in the December 30, 2008 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 Attorney Kiefer read Resolution No by title only. Mayor Johnson inquired if any City Commission Member needed to disclose any ex-parte communications regarding this application. Commissioner Hanna and Mayor Johnson stated for the record that they had visited the site. Commissioner Torres stated for the record that he visited the site and briefly spoke with someone. Mayor Johnson opened the public hearing. Upon the request of Mayor Johnson, all persons planning to give testimony during this public hearing were duly sworn in by the City Clerk. Page 11 of 37

12 Planning and Zoning Director Taylor presented the Agenda Memorandum and made a PowerPoint Presentation, depicting photographs of the property and an aerial view. He explained the variance request; stating the applicant is requesting a variance of 2 feet to allow a free standing sign to be placed 3 feet from the property line. th Kyle Bennett, the applicant, Avenue, #2, explained he is requesting the variance because the property is more than 95% asphalt minus the building with very minimal green space. He reviewed the measurements for placement of the sign; noting that without the variance, he would have to eliminate a parking space. He explained the only other option is to place the sign on the wall, which would require going into old stucco and plaster that could cause more problems. He noted his hardship is the elimination of a parking space and placement of the sign in any other location would also require a variance request. Gordon Obarski, 708 Beach Trail #B, spoke in support of the variance request in order to bring business into the City. (Mr. Obarski was not sworn in.) R. Victor Wood, 510 North Harbor Drive, spoke in support of the variance request; stating that the request is reasonable even though he usually does not support variances. He noted that in this case, it would not be a detriment to the City. (Mr. Wood was not sworn in.) Mayor Johnson seeing and/or hearing no one else wishing to speak, the public hearing was closed. MOTION MADE BY VICE MAYOR KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO /BOA CASE NO , A VARIANCE OF 2 FEET TO ALLOW A NEW SIGN TO BE PLACED 3 FEET FROM THE SIDE PROPERTY LINE AT TH AVENUE, INDIAN ROCKS BEACH, FLORIDA, AND LEGALLY ST DESCRIBED AS INDIAN BEACH RE-REVISED, 1 ADDITION, BLOCK 77, LOT 23 & ½ VACATED ALLEY ADJACENT ON SOUTH, WITH THE CONDITION THAT THE CONCRETE PAD AREA SURROUNDING THE SIGN BE LANDSCAPED PER SECTION (6) OF THE CODE OF ORDINANCES. ROLL CALL VOTE: HANNA YES KENNEDY YES WOLLIN YES Page 12 of 37

13 TORRES YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 7C. RESOLUTION NO QUASI JUDICIAL PUBLIC HEARING. Considering an alcoholic beverage use designation of 2APS (beer and wine, package sales only) for Old Florida Cigar and Wine Co., which establishment is located at 1401 Gulf Boulevard, #10. [Official Publication Date: December 30, 2009.] BACKGROUND: Timothy Chase, owner of Old Florida Cigar and Wine Company, 1401 Gulf Boulevard, #10, Indian Rocks Beach, requests a 2APS, beer and wine, package sales only, alcoholic beverage use. In order to obtain a 2APS, he will need a variance from the 500 foot distance requirement between other alcoholic beverage designation establishments. The surrounding zoning is business on the east side of Gulf Boulevard with commercial tourist on the west side. Pelican s Roost Condominiums, 1400 Gulf Boulevard, are located directly west fronting Gulf Boulevard. Netkton Surf Shop, 1311 Gulf Boulevard, is located to the south. Old Florida Cigar and Wine Company will be located in a 12-unit shopping center with about 115 feet of frontage on Gulf Boulevard. Several units in the shopping center are unoccupied. ANALYSIS AND APPLICABLE CODE SECTIONS: Approval of the alcoholic beverage use designation will require a distance variance per Code Section 6-34(b)m which states: It shall be unlawful for any vendor to maintain any establishment or locate any establishment within 500 feet of any established church or public or private school, City youth center or youth recreation area or another establishment already licensed for the sale of alcoholic beverages or package liquors, excluding restaurants with a 1COPrestricted or 2COP-restricted license. Code Sections 6-34(b)(1-4) provide specific instruction on how distances are measured for purposes of alcoholic beverage designation. Code Section 6-32(e): Alcoholic beverage use designations are approved for a specific property location (i.e., building, lounge, restaurant, store) and a specific applicant. Any change in ownership of the establishment will require the Page 13 of 37

14 filing of a new application and approval by the City Commission. A change in ownership shall include the purchase or acquisition of 50 percent plus one share or more of stock and/or assets of the corporate entity, partnership or similar ownership entity. Sec Authority of City Commission to Designate Locations; Variances. (a) The City Commission shall have the power to designate the location and classification, including restrictions agreed to by a licensee, for which the sale of alcoholic beverages may be permitted. These areas are on file with the City. (b) Variances to the distance requirements may be approved by the City Commission where the City Commission finds that an unnecessary hardship exists and the granting of the variance will not be injurious to the community. Restaurants and Parks That Lie Within 500 Feet of Old Florida Cigar and Wine Company USA Grocers 1211 Gulf Boulevard 2APS 486 feet Coaster s Gulf Boulevard 4COP-R 279 feet Pajano s Pizza 1305 Gulf Boulevard 1COP (N/A) Red Lion 1407 Gulf Boulevard 4COP-R 175 feet FINANCIAL IMPACT: The City will receive occupational license tax revenue from Old Florida Cigar and Wine Company. Pursuant to a legal notice published in the December 30, 2008 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 Attorney Kiefer read Resolution No by title only. Mayor Johnson inquired if any City Commission Member needed to disclose any ex-parte communications regarding this application. Mayor Johnson stated for the record that they had visited the site. Mayor Johnson opened the public hearing. Page 14 of 37

15 Upon the request of Mayor Johnson, all persons planning to give testimony during this public hearing were duly sworn in by the City Clerk. Planning and Zoning Director Taylor presented the Agenda Memorandum and made a PowerPoint Presentation, depicting photographs of the property, an aerial view of the location, and a hand-drawn sketch from the Code Enforcement Department showing the distances from other establishments. He explained the applicants are requesting an Alcoholic Beverage Use Designation of 2APS, beer and wine, package sales only, which requires a distance variance. Tim Chase, owner of the Old Florida Cigar and Wine Company, explained it is going to be a newspaper and magazine shop that will include beer and wine to go, which he expects to represent no more than 25% of the projected revenues. He noted that the store has been vacant for almost six months and the building owner and his representative have submitted a notarized agreement letter that they were aware of his intention and thought it was a good idea. Mr. Chase explained the store will be a cigar and magazine newsstand concept with nostalgic Florida art that is retro in nature depicting how Florida was in the fifties and sixties with small beer and wine sales as a convenience and traffic builder to help the store succeed. Gordon Obarski, 708 Beach Trail #B, spoke in support of the request in that it is an excellent idea to bring in a new business into the City. (Mr. Obarski was not sworn in.) Don House, 2104 Beach Trail, stated there is a difference between a package sale business and some of the consumption businesses noted in the Agenda Memorandum. He stated the 500 foot distance requirement should be looked at by the City Commission. (Mr. House was not sworn in.) Mayor Johnson seeing and/or hearing no one else wishing to speak, the public hearing was closed. MOTION MADE BY COMMISSIONER TORRES, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO , AN ALCOHOLIC BEVERAGE USE DESIGNATION OF 2APS (BEER AND WINE, PACKAGE SALES ONLY) FOR OLD FLORIDA CIGAR AND WINE CO., WHICH ESTABLISHMENT IS LOCATED AT 1401 GULF BOULEVARD, #10, Page 15 of 37

16 INDIAN ROCKS BEACH, FLORIDA, AND LEGALLY DESCRIBED AS INDIAN BEACH REVISED, BLOCK 29, LOT 1, 2, & 3. ROLL CALL VOTE: HANNA YES KENNEDY YES WOLLIN YES TORRES YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 8A. RESOLUTION NO Authorizing the City Manager to issue a Task Order to Kessler Consulting, Incorporated for consulting services associated with the Indian Rocks Beach Solid Waste Collection System Analysis in the amount of $17,000 through the Pinellas County Consulting Services Contract Number P(AM). BACKGROUND: During the FY 2009/2010 Budget Sessions, there were discussions in regards to having staff provide recommendations for possibly improving the efficiency, cost effectiveness and service levels of the Solid Waste Department collection services. Of specific interest were technology advancements with respect to collection techniques. Therefore, staff, working with said consultant, plans to achieve the following tasks: Ordinance review. Service levels. Rear-door service. Standardization of containers. Fleet replacement schedules. Equipment maintenance. Health, safety and risk management. Operating budgets. Application of new technology. Intergovernmental coordination of services Staffing levels. Long term planning. Page 16 of 37

17 ANALYSIS: In November of 2009, the Public Services Department met with and requested Kessler Consulting, Incorporated to provide the City with a Task Order to assist with reviewing and completing the aforementioned items associated with the Solid Waste Collection System Analysis. Kessler Consulting, Incorporated has extensive solid waste experience, especially in the areas of strategic planning, systems evaluation and optimization, waste reduction and recycling, procurements and negotiations, feasibility studies, program implementation and rate studies, and analyses. The Task Order is based on a time and materials basis in an amount not to exceed $17,000 through the Pinellas County Consulting Services (for Solid Waste Collection, Waste Reduction and Recycling Programs) Contract Number P (AM). FISCAL IMPACT: Within the FY 2009/2010 Budget, under the Solid Waste Department Budget, Account Number , the City has appropriated funds in the amount of $10,000 for this activity. Obviously, the City Manager s original estimate was short sighted; however, the Finance Director has indicated that there is sufficient funding within the fund balance to accommodate the additional costs. Should the City Commission authorize this expenditure, a budget amendment in the amount of $7,000 may be required at the end of the Fiscal Year. City Attorney Kiefer read Resolution No by title only. Public Services Director Scharmen presented the Agenda Memorandum explaining that during the Budget Work Sessions, there was discussion regarding staff bringing recommendations for possibly improving the efficiency, cost effectiveness, and service levels of the Solid Waste Department collection services. He explained that the issue has been addressed on a proposal basis through Kessler Consulting that currently has an existing contract with Pinellas County Utilities Solid Waste Department. He referred to the Agenda Memorandum, which outlined several areas of Tasks Orders, which were discussed with Kessler Consultants; specifically, the advancements in collection techniques. Public Services Director Scharmen reviewed the credentials of Kessler Consultants and their experience in this area. He explained that the Page 17 of 37

18 Task Order up to $17,000 is more than the budgeted $10,000; however, staff feels that the outcome of the analysis will far outweigh the additional costs. City Manager Coward reviewed that during the FY Budget Process, this was a key item in Solid Waste Department, and in the budget as a whole, particularly in the area of efficiency and saving money in one of the utilities. He stated that the cost ($17,000) is higher than budgeted; however, at the time, staff had no idea of the possible cost and advised that there are funds available. He stated staff feels that the money will be saved many times over during the course of time. City Manager Coward stated staff would like to move forward with the study and have the results to work with during the budget process this summer. He estimated that the study would be complete in three months. Commissioner Torres asked if this is a lead into a mechanical arm pickup. Public Services Director Scharmen stated it is not, and he explained that this will identify if there are areas for improvement. He stated just because many municipalities in Pinellas County are going automated, does not mean that is the best thing for Indian Rocks Beach. He stated the City has a unique system within the Solid Waste Department; such as its diverse crew that does multiple tasks with the current equipment. He explained that what is attempting to be achieved is to determine if what is being done is in the best interest of the City and in the most cost effective manner. He commented that it is beneficial to have an expert look at the entire system. He stated going automated is a possibility; however, there are many issues to be considered including a cost benefit analysis. He acknowledged that there is the ability to somewhat semiautomate with the current equipment. Vice Mayor Kennedy commented that this was an issue discussed when she first came back on the City Commission, and she feels it is very important. She stated there is a need to follow through with being as efficient as possible in the solid waste collection. Commissioner Hanna expressed concern for the cost of $17,000 knowing that Public Services Director Scharmen has a lot knowledge in this area. Public Services Director Scharmen commented that he has the knowledge in the City of how things are done at this time; however, there is always the opportunity to learn different things. He explained that Kessler Consulting did a similar analysis for Pinellas County. He explained that the work will be done Page 18 of 37

19 on an hourly basis, and there can be a stop gap on the work if staff feels enough knowledge has been gained. Mayor Johnson asked if the analysis will look at establishing a system in order to replace retiring solid waste workers with young workers coming in. Public Services Director Scharmen commented that the City s system is quite antiquated; noting that the City is one of two in Pinellas County that offers rear yard service. He commented regarding the aging workforce, that it is a thankless profession, and there has to be a crew. However, the nature of the business will take a toll on staff. He stated he feels that there are areas of the system that can be tweaked, and there can be many options. City Manager Coward commented that the expectation is that the results of the study will allow for increasing the longevity of the current employees. Mayor Johnson commented that the City has grade A employees in the Solid Waste Department who do an excellent job, and the residents appreciate the job they do. He stated he is in favor of the study; noting the need to keep up with the times and be efficient, but not completely changing the system. Commissioner Torres commented that the solid waste collection is part of the character of the City, and it is important to continue the system as efficiently as possible without losing the way it is done. Don House, 2104 Beach Trail, inquired if his street can have a centralized location for pickup. Public Services Director Scharmen explained there are many issues that make a centralized pickup difficult. Gordon Obarski, 708 Beach Trail, #B, spoke in opposition of hiring a consultant; stating he feels it will be a waste of money. He suggested that Public Services Director Scharmen can learn a lot from talking with others in the business. Nick DiCeglie, Avenue, who owns a sanitation collection service th (Solar Sanitation, Inc.) in Pinellas County, commented that Kessler Consulting is a great firm. He commented that the City s system and full automation is going from one end of the spectrum to the other. He stated the system could be tweaked and that $17,000 to make sure the route is running efficiently without waste might be a result. However, consideration of full automation would mean laying off a lot of staff; the semi-automation would be less lay-off Page 19 of 37

20 of staff, but that is dealing with containers and so forth that can run the costs up. He stated $17,000 is a borderline consideration in his opinion to more than likely say the City wants to keep things as they are. He stated there are only so many ways to pick up trash. Vice Mayor Kennedy suggested since the study would be on an hourly basis to see how far the $10,000 budgeted will go. City Manager Coward explained that the $17,000 proposal was after staff provided the program that staff wanted the consultant to look at and that the program could be cut back. However, he feels that would not give the City the broad-based perspective desired. Vice Mayor Kennedy commented she agrees that the residents do enjoy the way things are done. However, some residents have indicated they understand the reality of the future, and at some point, there might be a different system while continuing the system for the disabled, elderly, and so forth. She feels that is a realistic attitude. City Manager Coward commented that cost becomes the issue and staff hopes to be able to bring some options. He stated the City has terrific service now; however, it is costly. Commissioner Torres asked if there is a potential for saving money in going to Kessler Consulting with just the directive to analyze going to semi-automation as opposed to analyzing full automation and all the angles involved. He noted that what he is hearing is that the right direction might be semi-automation over a period of time. Public Services Director Scharmen stated he is sure that the Task Order can be changed. He explained that staff was looking at encompassing the entire operations, as outlined in the Agenda Memorandum. However, if the City Commission just wants to know if money can be saved with semi-automation that can be done. City Manager Coward noted that this is a $1.3 million annual operation, and in asking only what can be done with semi-automation, that is setting up the answer; and the point is that he and Public Services Director Scharmen do not know what the answer is. Page 20 of 37

21 Commissioner Torres commented that consideration of a full automation is not what he feels most people in the City want to go toward. Mayor Johnson stated it is a difficult issue and that most people would, if they could, freeze the service just as it is. However, the reality is dealing with human employees and new people not wanting to do an extremely difficult job. He noted that people are willing to pay the expense now; however, questioned if that cost will increase over time. He stated regarding the study that it should be done thoroughly now so that it does not have to be revisited in a short amount of time. Commissioner Torres reiterated his position that exploring full automation would be a waste of money. Commissioner Wollin noted that $10,000 has been budgeted and the discussion is regarding a difference of $7,000. She noted that Public Services Director Scharmen does not make frivolous requests, and when he makes a request, the City needs it. She stated her support of the resolution. Commissioner Hanna inquired regarding the $17,000 cost if it is possible to put the analysis in phases. Public Services Scharmen commented regarding his support of the consultant analysis and feels thatessler Consultants will provide an excellent product for a five-year long term plan. He noted that the Task Order can be revised according to City Commission s direction; however, his recommendation is to go with the full gambit; looking at the entire system. He explained that any alteration in the Task Order will have to be brought back to the City Commission. City Manager Coward commented that there really are no phases in the analysis, it is how broad the analysis will be. Mayor Johnson agreed that if City Manager Coward and Public Services Director Scharmen felt they could handle this task in-house with staff to save money, that is what they would do. He stated getting back a good thorough product that can be used for reference into the future is well worth the expenditure. Commissioner Torres commented that he supports the analysis by a consultant; however, not including the full automation as a consideration. Page 21 of 37

22 Commissioner Hanna asked if the consultant will do any surveys of residents to determine the feedback if automated or semi-automated was an opportunity. Public Services Director Scharmen advised that a poll of the residents was not discussed as part of the analysis. Mayor Johnson noted the importance of acquiring the information and education to be able to answer questions in the future. City Manager Coward noted that staff will be bringing a range of recommendations with costs for City Commission consideration. Vice Mayor Kennedy clarified that the study will be specific to Indian Rocks Beach and what is best for this City. MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE RESOLUTION NO , AUTHORIZING THE CITY MANAGER TO ISSUE A TASK ORDER TO KESSLER CONSULTING, INCORPORATED FOR CONSULTING SERVICES ASSOCIATED WITH THE INDIAN ROCKS BEACH SOLID WASTE COLLECTION SYSTEM ANALYSIS IN THE AMOUNT OF $17,000 THROUGH THE PINELLAS COUNTY CONSULTING SERVICES CONTRACT NUMBER P(AM). MOTION CARRIED BY ACCLAMATION, WITH COMMISSIONER TORRES OBJECTING. 8B. RESOLUTION NO Amending Resolution No , which accepted in principle in the Indian Rocks Beach Special Area Plan, A Vision for Growth and Development, by adding the word A before Special Area Plan; and providing for an effective date. BACKGROUND: On October 27, 2009, the City Commission passed Resolution No , which adopted the USF Study in principle as a reference and resource, and authorized the City Commission to delegate portions of the document to other boards as the City Commission deemed appropriate. ANALYSIS: The City Commission desires to change the wording in Resolution No to amend and change the name of the Plan to create a more marketable acronym for it and all the projects that are derived from it. The Page 22 of 37

23 new name and acronym for this Plan shall be Indian Rocks Beach A Special Area Plan (IRBASAP). City Attorney Kiefer read Resolution No by title only. Planning and Zoning Director Taylor presented the Agenda Memorandum, and stated the resolution amends the name of the Indian Rocks Beach - Special Area Plan (IRBSAP) to the Indian Rocks Beach - A Special Area Plan (IRBASAP) as requested by the City Commission. MOTION MADE BY COMMISSIONER TORRES, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO , AMENDING RESOLUTION NO , WHICH ACCEPTED IN PRINCIPLE IN THE INDIAN ROCKS BEACH SPECIAL AREA PLAN, A VISION FOR GROWTH AND DEVELOPMENT, BY ADDING THE WORD A BEFORE SPECIAL AREA PLAN. UNANIMOUS APPROVAL BY ACCLAMATION. 8C. RESOLUTION NO Authorizing the City Manager to enter into a contract with CRSMAX Consultants, Incorporated for assistance with the Class Improvement Services (CRS) and verification visit services in the amount of $9,500. BACKGROUND: The Federal Emergency Management Agency (FEMA) contracts with Insurance Service Offices, Incorporated, (ISO) to administer FEMA s Community Rating Service (CRS). The City has participated in CRS for at least 10 years. Each year, the City files an annual recertification report describing its progress in certain CRS activities. Every five years, the City is audited by ISO to ensure compliance with the program. The next auditing visit for City is scheduled for Currently, Indian Rocks Beach has a class 8 rating. The class rating determines how much flood insurance premiums will cost individual properties in the City, taking into consideration the location of a property relative to flood and velocity zones, and other factors. Class ratings run from 10 to 1 with 10 having no reduction to the regular FEMA flood insurance premiums. The CRS works with cities to develop strategies to reduce their class rating by participating in certain CRS-prescribed activities. Page 23 of 37

24 Over the years, staff has attended CRS training in order to administer the CRS program. There has been significant staff turnover during this time period, including the loss of a certified flood plain manager. Thus, the City has lost part of its CRS knowledge. The City currently has two staff members who have CRS training, the Planning and Zoning Administrative Assistant and the Public Services Director. The CRS program has been assigned to the Planning and Zoning Department for several years. There has also been staff turnover with CRS-ISO. In 2007, the Planning and Zoning Director began corresponding with Sherry Harper about a reduction in the City s class rating from 8 to 7. The new CRS-ISO representative is Lori Lehr, and the Planning and Zoning Director has had continued this dialogue with her. ANALYSIS: The City is currently a CRS-class 8 city. CRSMAX was contacted to assist the City in becoming a CRS-class 7 city and to successfully complete the upcoming 2010 FEMA auditing visit. Beginning at class 10 and going down to class 1, the average decrease in flood insurance premiums between classes for an individual is about 5% per class. The average aggregate decrease in flood insurance premiums between each class is about $104,000. In CRSMAX s proposal letter to City, dated December 17, 2009, the consultant proposes to assist the City in qualifying for the additional 324 points necessary to attain the desired CRS class #7 rating, and to help meet FEMA s requirements during their 2010 auditing visit. Just to attain the class #7 rating will cost $4,500. To accomplish both the class #7 rating and to assist with the FEMA audit will cost $9,500. Funds for this consulting contract are available in the Planning and Zoning Department s Budget. FISCAL IMPACT: $104,187 in aggregate annual savings for IRB residents will be realized in the first year and every year thereafter that the City maintains the class #7 rating. This is roughly equivalent to 0.1 of property tax millage decrease. Also, in working with a knowledgeable consultant for the first time since the City first participated in the CRS program, the consultant and staff may discover additional opportunities for further downward adjustments to the class rating. City Attorney Kiefer read Resolution No by title only. City Manager Coward explained that he has a spending authority up to $10,000; however, he prefers to bring items to the City Commission that have not been previously discussed; even though they are under the $10,000 spending limit. Page 24 of 37

25 Planning and Zoning Director Taylor presented the Agenda Memorandum. He provided an explanation regarding the City s location in a flood plain and participation in the FEMA Community Rating Service (CRS), and discussed the benefit in decreased rates in flood insurance. He explained that a reduction of the City s classification from an 8" to a 7" would save residents approximately $34.00 or 5% per policy. Planning and Zoning Director Taylor explained that the FEMA audit is coming up, and he would like to have some assistance with preparing for the audit and assistance in getting the City s rating reduced from an 8" to a 7". City Manager Coward commented on the importance of passing the audit, and noted the cost for the assistance from CRSMAX Consultants for the audit is approximately $5,000. He explained that the ability to go from an 8" to a 7" rating, if successful, gives back to the residents, through their flood insurance, approximately one tenth of a mill. Commissioner Torres commented that this is a good thing to save a small amount per household; the lower rating is very important for the City as a whole. Mayor Johnson commented that there is no guarantee of the 7" rating; however, the City will have all the information on what has to be done to accomplish it. MOTION MADE BY VICE MAYOR KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO ,AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CRSMAX CONSULTANTS, INCORPORATED FOR ASSISTANCE WITH THE CLASS IMPROVEMENT SERVICES (CRS) AND VERIFICATION VISIT SERVICES IN THE AMOUNT OF $9,500. UNANIMOUS APPROVAL BY ACCLAMATION. 8D. RESOLUTION NO Approving the design for the Keegan Clair Park Docks Project and authorizing the City Manager to apply for a Florida Boating Improvement Program (FBIP) Grant for subject project. Page 25 of 37