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3-13-23 Regular Commission Meeting Adopted Minutesrs-'� rz', MINUTES Regular City Commission Meeting ,ter r Monday, March 13, 2023 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:33 PM. City Clerk Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Candace Kelly, Commissioner - Seat 4 Jessica Ring, Commissioner - Seat 5 Absent: Michael Waters, Commissioner - Seat 3 Also Present: Joe Gerrity, Interim City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Steve Swann, City Engineer (CE) Amanda Askew, Planning & Community Development Director (PCDD) Ladayija Nichols, Deputy City Clerk (DCC) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting of June 27, 2022 and February 27, 2023. Mayor Ford asked if there were any corrections or changes needed. Commissioner Ring corrected the February 27, 2023 minutes, Item 3A regarding the parade, the date will be changed to Sunday, April 30, 2023. Mayor Ford stated the minutes are approved as corrected. 2. COURTESY OF FLOOR TO VISITORS Mayor Ford introduced Interim CM Joe Gerrity. Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. Regular City Commission March 13, 2023 2.A. Water Conservation Month Proclamation Mayor Ford shared a short story regarding water conservation. Doug Conkey, St. Johns River Water Management District - Intergovernmental Coordinator, introduced himself. Mayor Ford read the proclamation. Mr. Conkey thanked the Commission for their support. He shared that this is the twenty- fifth year anniversary of Florida declaring April as Water Conservation Month. He shared the benefits of water conservation and answered questions from the Commission. PUBLIC COMMENT City Clerk Bartle called each speaker to the podium. Patricia Hazouri shared thoughts about her interest in water issues and her thoughts on the water usage regarding the commercial land located at 500 Atlantic Boulevard (includes where the old Kmart is). P Campbell Ford spoke on behalf of Phillips Roll -Off Containers and himself regarding the dumpster ordinance. Sheri Nicholson spoke regarding the ARCC Grant Funding and answered questions from the Commission. Commissioner Bole called a point of order and asked CA Gabriel to clarify if public comment is a question and answer period, noting that the rules state to leave comments to the speakers for the end. CA Gabriel advised that public comment is unilateral; however, a Commissioner can engage although the time is meant for unilateral comments. Lisa Herrold encouraged the Commission to open the report from the 2022 Mayor's Council on Health and Well -Being. She requested that the Commission address the traffic on Sherry Drive because of the recent congestion. Brinkley Harrell spoke regarding Ordinance No. 25-23-45. He expressed concerns regarding the City projects webpage and also spoke about the upcoming budget. Suzanne Shaughnessy welcomed back CM Gerrity. 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Mar. - May 2023) DCM Hogencamp addressed the notes located in the staff report of the agenda packet. Regular City Commission March 13, 2023 MOTION. Approve the 90 -Day Calendar. Motion: Candace Kelly Second: Jessica Ring Curtis Ford Bruce Bole Candace Kelly (Moved By) Jessica Ring (Seconded By) Motion passed 4 to 0. 3.B. ARCC Grant Funding For For For For DCM Hogencamp provided an update regarding this request. He mentioned that a report and recommendation would be provided soon. Commissioner Kelly inquired about the use of ARCC funds. DCM Hogencamp explained that ARCC came to the Commission with the recommended funding, the Commission approved it, and this new request would exceed the original requested funding. He also explained that staff is evaluating whether the grant process should be reopened. Commissioner Kelly shared that she was under the impression that the committee provides a courtesy notice to the Commission and DCM Hogencamp shared that he understands it to be that the Commission has to approve funding requests that come from the committee. Commissioner Ring shared where the ARCC funds are allocated. DCM Hogencamp clarified that the surplus funding will come from the overall ARCC funds but will be in addition to their allocated school fund. Commissioner Bole summarized the expectations. DCM Hogencamp will come back with a recommendation and the numbers and inform the Commission of where it goes. 3.C. City Manager Search CM Gerrity recommended that this topic be discussed at the March 20, 2023 Special Called meeting. 3.E. Legislative Update DCM Hogencamp encouraged the Commission to review the Florida League of Cities communications regarding their key legislative actions. He shared a few issues: • requiring all municipal elected officials and CMs to file an annual financial disclosure with the Florida Commission on Ethics; Regular City Commission March 13, 2023 • new requirements regarding noticing of ordinances; • short term regulations; • requiring local governments to prepare a feasibility study of an area before starting an annexation process; and • reason to be concerned about a possible bill that would change Florida's growth management laws He advised that updates will continue to be communicated. 3.F. Paid Parking Recap DCM Hogencamp presented this item and provided an updated copy of page seventy- six (76) of the agenda packet (which is attached hereto and made a part of this Official Record as Attachment A). Commissioner Bole requested staff to take a snapshot that will show what the City is doing with the money and expressed that he would like to see PC Gualillo provide input as well. He inquired about who customers are paying when they pay for a parking ticket. DCM Hogencamp advised that customers pay the City when they pay for their tickets. Commissioner Bole also asked who the customer pays if the parking ticket never gets paid to the City. DCM Hogencamp mentioned he would report back with an answer to that question. Mayor Ford requested the financials regarding paid parking to help better understand if the City is fully allocated to fund the cost to run the program. Commissioner Ring inquired about the times of paid parking. DCM Hogencamp shared that the time frame is 9 a.m. - 5 p.m., Friday through Sunday, from March 1, 2023 through September 30, 2023, with no enforcement Monday through Thursday. 3-13-23 Attachment A 3.D. Dora Drive Property - Storm Water Mitigation Park CE Swann presented this item in a slide show presentation (which is attached hereto and made a part of this Official Record as Attachment B). Mayor Ford inquired about the amount of residents that would be impacted by the remediation of storm water issues. CE Swann indicated a few properties that would be impacted per his presentation. Commissioner Bole asked how CE Swann would rank this based on the City Commission's priorities as far as City dollars spent. CE Swann shared that this property has been a priority and that there aren't any easy solutions. He also mentioned that this will be brought back for consideration and that he would like for the Commission to look at this property as a potential storm water park. Regular City Commission March 13, 2023 Commissioner Ring inquired about the different alternatives indicated in the presentation and asked why the pipe sizes jumped from thirty-six inches to twenty-four. CE Swann shared that twenty-four inches is smaller and that there is a total of ten feet worth of space to work with. He indicated that a twenty-four inch pipe would be easier to work with and that it would push water down into Aquatic Gardens much quicker. She also asked about how needing to meet the floodwaters' requirements and permits when their mitigation pond is done (CE Swann indicated that this wouldn't alleviate any existing conditions) will affect the culvert. CE Swann shared that the thirty-six inch alternative would be an option. She asked if this becomes more difficult if someone develops on this land. CE Swann shared that if the land is developed, the City loses storage for storm water. He also mentioned that this land acquisition would create a new park space which would allow for pond activity and that the acquisition would also take some of the load off of the Aquatic Garden's grading system by storing storm water. She inquired about how this plan, in the long term, would help with sea level rise and CE Swann expressed that it's helpful regarding the overall resiliency program. Mayor Ford asked about being able to use the HMGP grant for pipes only. CE Swann shared that right now, this is what the contracts are for and that staff might be able to alter the scope of work. Mayor Ford asked if the scope of work was to be altered, would it allow more funding for option three. CE Swann advised that he would try to get more funding. Mayor Ford also asked if there are other grants that could assist in the land acquisition, pond design, or engineering. CE Swann shared that he's only aware of the HMGP grant. Commissioner Ring asked if there is a time limit on when the grant funds have to be spent and CE Swann explained that it expires in about twelve month and could possibly be extended for another year. There was a CONSENSUS to allow CE Swann to have dialogue with the owner of the land. 3-13-23 Attachment B 3.H. Additional Reports (If Applicable) None. 3.G. Singleton Easement Agreement DCM Hogencamp reported on this item and provided updates. He mentioned that the easement would need to come back as a resolution at the March 27, 2023 meeting. He recommended letting the city manager, City staff, and the land owner's attorney work together regarding the resolution. John Dekle spoke regarding the verbiage and use of the easement. Regular City Commission March 13, 2023 CA Gabriel shared information regarding the use of the property and provided clarity mentioning that he would accept feedback from the Commission on how they would like to see the use and verbiage reflected. Commissioner Bole inquired about the use of the property given that a sale happens. CA Gabriel shared that despite whomever the owners are, the Commission would need to decide if mobile homes would be allowed if the current ones are removed. Commissioner Bole shared that he would like to hear what staff comes back with and then he will weigh in. Commissioner Kelly advised that she agreed with Commissioner Bole's comments. She added that she wants the owners to be able to do business, but also not sign away anything that the City might need access to. Commissioner Ring asked if the current mobile homes were needing to be replaced completely, would this mean the easement goes away. CA Gabriel said that it is currently drafted to reflect the mobile homes going away equating to the easement going away. He also shared that he is looking for clarity from the Commission on how they would like to see this written. Mayor Ford clarified that staff recommends not signing the easement into perpetuity and staff nodded yes. He encouraged the Commission to provide direction to staff on how to draft the resolution. Commissioner Bole and Mayor Ford shared that they support the city manager's position. CM Gerrity inquired about the mobile homes being destroyed and replaced on the property without infringing on the City's property. Mr. Dekle shared that the homes could be replaced and that this is how he drafted his portion of the easement. PCCD Askew shared that staff was in favor of keeping the total number of units if the units had to be moved off of the property. CA Gabriel advised that he would speak with Mr. Dekle about the rest of the details. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole • Encouraged everyone to look at the budget. • Thanked DCM Hogencamp, CC Bartle, and City staff for the Interim program that was ran. Commissioner Kelly • Shared that the Northeast Florida League of Cities is accepting applications for donations to a non-profit, a grant of $500, and requested that the City select a non-profit to nominate for receiving the donation. CM Gerrity encouraged the Commission to make a decision on which non-profit they would like to choose and that he and DCM Hogencamp would get the application submitted. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. Regular City Commission March 13, 2023 rill 7. 8. 9. CONSENT AGENDA None. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 23-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE CITY'S 2023 PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. (For Reconsideration with Amendments) MOTION. Reconsider Resolution No. 23-05. Motion: Jessica Ring Second: Candace Kelly Mayor Ford read the title of the resolution. Curtis Ford For Bruce Bole For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed 4 to 0. MOTION. Approve Resolution No. 23-05 as amended. Motion: Jessica Ring Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed 4 to 0. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 25-23-45, Introduction and First Reading AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AMENDING THE CODE OF ORDINANCES, CHAPTER 8 FLOOD HAZARD AREAS, TO SPECIFY ELEVATION OF MANUFACTURED Regular City Commission March 13, 2023 HOMES; APPLY COASTAL HIGH HAZARD AREA (ZONE V) REQUIREMENTS IN AREAS DESIGNATED COASTAL A ZONES TO INCREASE RESILIENCY; TO CLARIFY PREVIOUSLY ADOPTED BUILDING ELEVATIONS; TO REQUIRE DECLARATIONS OF LAND RESTRICTIONS (NON -CONVERSION AGREEMENTS) FOR CERTAIN ENCLOSURES UNDER ELEVATED BUILDINGS; TO SPECIFY USE OF FEMA CERTIFICATION FORMS; AND TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; TO DESIGNATE THE COMMUNITY DEVELOPMENT BOARD AS THE AUTHORITY TO CONSIDER CERTAIN VARIANCES AND APPEALS INVOLVING FLOOD HAZARD AREA RELATED APPLICATIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. PCCD Askew reported on this item as detailed in the agenda packet and a slide show presentation (which is attached hereto and made a part of this Official Record as Attachment C) and answered questions from staff and the Commission. 3-13-23 Attachment C MOTION. Take a look at (Approve) Ordinance No. 25-23-45 at (on) first reading. Motion: Bruce Bole Second. Candace Kelly PCCD Askew answered questions from the Commission. Bruce Bole (Moved By) For Curtis Ford Against Candace Kelly (Seconded By) For Jessica Ring For Motion passed 3 to 1. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Gabriel • Announced the waiver hearing on Monday, March 20, 2023 and an appeal coming up in April and clarified what quasi-judicial disclosures entail. Regular City Commission March 13, 2023 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Kelly • Announced spring break for Duval County and encouraged everyone to be cognizant of the kids being out and about. Commissioner Ring • Thanked CM Gerrity for joining the team. CM Gerrity • Provided a brief summary of his first day back. Mayor Ford • Thanked DCM Hogencamp for briefly stepping in as Interim. Commissioner Bole • Announced that the City received a $1.4 million grant. 13. ADJOURNMENT The meeting adjourned at 8:32 p.m. Attest: Donna L. Bartle, City Clerk Date Approved: -q/ L7/ 20Z.S 41 1 Curtis Ford, Ma Regular City Commission March 13, 2023 Attachment A to 3.13.23 Minutes ATLANTIC BEACH Y = ;1 - -� Beaches Town Center Parking Revenue by Site 540,000 00 535,900.00 530.000.00 i25.000.00 510,00000 515.000.00 sl9,00090 =�� F ii 55.909.99 5. FY2019/2020 = S52,82"75 FY 2020/202! • $66,595 16 FY 1021/2022 = 5110.304 63 •A106ill OaYmenc'All 0 BIW&East Coast 521,369.49$10.32698 524.912.62 ■ Mo64e payment -App Ocean Blvd/Ahern $11,238.66 125.34540 $31.735.84 Kloss at Ocean Blvd &Ahem $15,281,70 $20.61108 $35.87042 ■ Kiosk 10 Atfam,c Blvd & East Coast 54,932.90 510.311.70 517.765 75 FY702212023 -533.881.76 512.026.66 58.210.00 S7.956,30 55.686.80 CO matt �t1 -7 a Attachment B to 3.13.23 Minutes Dora Drive Property — 2.2 Acres Attachment B tc 3-13-23 Minutes Potential Multiuse Path — Francis to Dutton Island Rd Attachment B to 3-13-23 Minutes Stanley Rd Drainage Basin Attachment B to 3-13-23 Minutes Option 2 — 1.4 Ac Pond F .4 • .riti, I Paikin: Air!�i WO, y Legend Proposed Dora Drive Pond Vacant Dora Dr. Parcels Existing Pipe • Existing InietiManhole/Headwall F Attachment B tc 3-13.23 Minutes Comparison of Alternatives with Respect to Stage Reduction 10 -Yr Storm 25 -Yr Storm Project Alternative Water Level Difference Water Level Difference FT FT FT FT Existing Conditions 10 C- 1' 13 Alternative 1 - '', : Pipe 10 4 . 5a io ci8 0 15 Alternative 2 No Pumping r, 1'r.n; 0.12 1.7 Ac Pond Pre -Storm Pumping 10 5°l 0. 4_5 10.C+ 0.2`' Alternative 3 No Pumping 10 1 , 0 80 10.H 0.25 1.4 Ac Pond, 24" Pipe Pre -Storm Pumping -i 40 i _-r 10.57 ._ _ Attachment B to 3-13-23 Minutes Rough Order of Magnitude Costs Alternative 1 - 36" culvert at Stanley Road Land Acquisition SO Pond Construction SO Culvert Expansion 5875,000 HMGP Culvert Roimb.` S(788.000) Total Cost 587,000 Alternative 2 - 1.7 Ac pond, no culvert improvements Land Acquisition $1,300,000 fond Construction $1,619,000 Culvert Expansion SO Total Cost $2,919,000 Alternative 3 - 1.4 Ac pond w/ 24" culvert at Stanley Road Land Acquisition 51,300.000 Pond Construction $1,550;000 Culvert Expansion 5647,000 HMGP Culvert Reimb.' S(582.000) Total Cost 52,915.000 Attachment C to 3-13-23 Minutes Floodplain Ordinance • Created in 1977 — last COAB update 2013 — Updated periodically to comply with FEMA and/or state requirements • Reduce vulnerability to flood risk • Required for residents & businesses to purchase Federal flood insurance • Regulations are in coordination with the FL Building Code & Federal Code — Cities may adopt "higher" (stricter) standards Floodplain Ordinance Intent Attachment C to 3-13-23 Minutes Establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavatR nTent teg drilling operations, storage of equipment or materials, and 0IVer development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5)Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. a w 14 eaje piezeq lei:),?d,; = Attachment C to 3-13-23 Minutes 0 Fit TANN1}A i)r.N; —^ \J'C� I�ttBC, ent C t0 241 2214 % 209 1G 1 ) 15 R 1 ; 2221 j{.13-� Minutes 1 221R f j (�2 Pt_.TANN►- CHANCE FLOOU;NA*FtD 2215 162r", i2212- 238 232 224 168 218 �I, 212 I 174 2044 AE 2206 --, 2209 4 2045 s t\ 2039 20511 f 2033 •2036 -� 19 t1 440 1450 460 470 2043: �;; , 430 17 ! 102 ; 2021 ' Garden Ln ........ - \ 2016 6 � f _ j 6 420 `- -- - 439 i 385 395 405'0I 7 i 431 ��2015 410 423 2008 -� 2009 345 400 ;' 325 315 305 0 I 438' �* �— s _ _ �__. o � - � AE = Special hazard area/Flood zones (areas shown in purple) 1 m aIt7ai 1887 d-- -------- --- �� I 1911 84 C 1881 1896 i 1897 78 � 1875 1890 1889 �i 18691886 !_� 1887 172 a ^� 1861 1878 9_-- 1883 64 1881 �. 1855 1876 1879 1877 1849 1852 4 1874 1875 ETA1850 ( $ 9 0 ~1847~ 1789 1844 - 1841 1785 1838 % 1839 i 1777 1834 1837 t_ 1771 0 i 1769 1830 1827 1768 !� 1825 , 1765 1824 � ....-.. � 1766 I� Attachment C to 3-13-23 Minutes Community Rating System (CRS) • Cities with floodplain ordinance may participate in FEMA CRS • Higher standards = flood insurance discounts for property owners • AB improved rating in 2020 to class 6 (20% reduction) CRS Credit Points, Classes and Premium Discounts Credit Points Class Premium Reduction Premium Reduction SFHA' Non-SFHA" 4,500, 1 •1, to" 4,000 - 4,499 2 404h 10% 3,500 - 3,999 3 35% 10% 3,000 - 3,499 4 30% 10% 2,500 - 2,999 5 254b 10% T,000 - 2,499 6 20% 10% 1,500 - 1,999 7 1544, 5% 1,000 - 1,499 8 1001u 5% 500-999 9 5% 5% 0-499 10 0 0 Attachment C to 3-13-23 Minutes Proposed Changes to Chapter 8 1. Require manufactured homes to meet same elevation as other homes — CRS Requirement 2. Clarify when certain forms are required — CRS Requirement 3. Community Development Board hear variances/appeals — Instead of Commission — Similar experience with land development variances/appeals 4. Relaxed regulations for accessory structures (FEMA policy) — New FEMA Policy — Will not impact CRS rating 5. Don't allow stem walls when subject to wave heights 1.5' to 3' tall — FEMA recommendation — More prone to failure than open foundations (pier or pile) 6. Prohibit use of fill to elevate homes within floodplain — Protect neighbors — Stem walls, piers, etc. allowed for elevation