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03-12-18 Commission MinutesIN ATTENDANCE Mayor Ellen Glasser Commissioner Candace Kelly Commissioner Brittany Norris Commissioner John Stinson Commissioner M. Blythe Waters Invocation and pledge to the flag CITY OF ATLANTIC BEACH CITY COMMISSION MEETING MARCH 12, 2018 - 6:30 PM MINUTES City Attorney Brenna Durden City Manager Joe Gerrity City Clerk Donna L. Bartle Recording Secretary Nancy Pyatte Commissioner Stinson introduced Ms. Edi Woghemuth, School Administrator with the Beaches Chapel Church and School. Ms. Woghemuth gave the invocation, followed by pledge of allegiance. Call to order Mayor Glasser called the meeting to order at 6:30 P.M. City Clerk Bartle called the roll and Mayor Glasser noted that a quorum was present. Mayor Glasser acknowledged former Mayor Reeves and former Mayor Shaughnessy. Mayor Glasser stated Item 9A Ordinance No. 95-18-115 (puppy mill ord.) will be continued to the next meeting due to some anticipated changes to the ordinance language. Ms. Glasser stated the Public Hearing will be held, then continued, for this item as scheduled. Commissioner Stinson stated he received a request from citizens about moving Item 10A, Selva Preserve, to earlier in the agenda. Motion: To change the order of the agenda by moving Item 10A to follow Item 6A. Moved by Stinson, seconded by Norris MOTION CARRIED by unanimous vote. 1. Approval of minutes A. Minutes of the Regular Commission Meeting on February 12, 2018. B. Minutes of the Special Called Commission Meeting on February 26, 2018. C. Minutes of the Commission Workshop on December 8, 2017. D. Minutes of the Town Hall Meeting on January 27, 2018. Mayor Glasser asked if there were any corrections to the above minutes. There were no changes or corrections and the minutes stand as submitted. 2. Courtesy of Floor to Visitors A. Presentation of Certificates to Mayor Glasser and Commissioners Kelly and Norris for Completion of the 2018 Institute for Elected Municipal Officials (IEMO) held January 19- 21, 2018 in Altamonte Springs, FL. - 1 March 12, 2018 REGULAR COMMISSION MEETING City Manager Gerrity extended his congratulations and presented the IEMO Certificates to Mayor Glasser, Commissioner Kelly, and Commissioner Norris. Mayor Glasser opened Courtesy of the Floor and explained the process for public comments. City Clerk Bartle confirmed six speaker forms were submitted. Mayor Glasser stated each person will be allowed five minutes to speak. City Clerk Bartle called the speakers: Mark Tingen spoke about hurricane clean up, the Selva Preserve Replat, Johnston Island, and the beach dunes. David Vincent spoke about Atlantic Beach Police Department, the Citizen Police Academy, the Selva Preserve Replat, and the Safe Routes to School project. Martha Padgett spoke about the Selva Preserve Replat. Donald Padgett spoke about the Selva Preserve Replat. Lisa Herrold spoke about the Safe Routes to School project. Michael Charest spoke about the Selva Preserve Replat. Suzanne Shaughnessy spoke about the Puppy Mill Ordinance, the Medical Marijuana Ordinance, and Johnston Island. The following people submitted forms but did not wish to speak: Sally Clemens opposed to Selva Preserve. Mary Ames opposed to Selva Preserve. Elizabeth Neville opposed to Selva Preserve. Richard Ouelette opposed to Selva Preserve. Mayor Glasser closed Courtesy of the Floor. City Manager Reports A. City Manager's Report City Manager (CM) Gerrity spoke about obstructions removed on Sherry Dr. Mr. Gerrity reported that the trees have been removed from the lagoon. He stated the March 7, 2018 Mayport Road meeting with VHB was very productive. CM Gerrity stated the Police Department held a Beach Driving Class for City employees. Mr. Gerrity stated Atlantic Beach received the Tree City Designation approval. He stated the sidewalks are now open in front of the Gate Station. CM Gerrity stated the Jacksonville Beach Opening of the Beaches Parade is April 29, 2018. He asked the 2 March 12, 2018 REGULAR COMMISSION MEETING Commissioners to advise if they are planning to participate so he can order the appropriate sized golf cart. B. Accept the 90 -Day Calendar (April 2018 through June 2018). CONSENSUS: To accent the 90 -Day Calendar as submitted. Reports and/or Requests from City Commissioners Commissioner Stinson • Thanked the City Manager and Staff for addressing the issue in Sherman Creek. Commissioner Waters • Spoke about Johnston Island, tourism tax dollars, and the Jacksonville Waterway Commission. • Presented a video that showed her kayaking and navigating the current in the Intracoastal Waterway from Tideview Park to Johnston Island and back to Sunset Pier. Commissioner Kelly • Spoke about working on the vision/goals for the City. • Spoke about the Mayport Corridor workshop. • Spoke about the Tideviews Gazebo. • Spoke about the bicycle and walking paths plans. Commissioner Norris • No report/comment. Mayor Glasser • Spoke about the new process being used for the Invocation. Mayor Glasser suggested the same process could be adapted for the Pledge to the Flag. • Spoke about attending an event for `Reviving Civility' and stated there will be a Proclamation presented designating the month of April to embrace `Reviving Civility'. • Spoke about attending the March 7, 2018 Mayport Road meeting with VHB, stating it was very productive. • Spoke about the Shoppes of Northshore ownership change and stated the businesses are still open. • Stated all public meetings in the Commission Chamber will be videoed. • Announced this week is designated for recognizing Women Veterans and acknowledged Commissioner Kelly for her service as an Officer in the U.S. Navy. Mayor Glasser thanked all the Veterans for their service. Unfinished Business from Preceding Meeting None. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. Mayor Glasser read the title into the record. 3 March 12, 2018 REGULAR COMMISSION MEETING A. Acknowledge receipt of the Monthly Legal Report for January 2018. Motion: Approve Consent Agenda Item A as written. Moved by Stinson, Seconded by Kelly Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED 10. Miscellaneous Business A. 17-SPPR-501 Public Hearing Request for re -plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at RE # 172027-0100. Planner Derek Reeves addressed the Commission referring to the slides on display and the Staff Report for the proposed plat, 7.21 acres, for 11 lots for single family homes, including a private gated road and conservation area in Selva Preserve. He reviewed the site maps and the proposed plan and addressed the analysis and concerns about wetland impacts. Mr. Reeves explained the possible waivers and the CDB recommendation for waivers with their approval on January 16, 2018. Planner Reeves spoke about the 50 - ft. buffer (now a 60 ft. buffer) from water features, requiring the buffer to be measured from the mean high water mark/line. He spoke about the 25 -ft. upland buffer from wetlands. He stated there will be tree removal and tree mitigation involved in this project. Planner Reeves provided an update for the mean high water line and read the definition from the Florida Statutes, Section 177.26, into the record. Mr. Reeves referred to the February 27, 2018 letter in the agenda from Terry Durden, Professional Surveyor, that confirms Sherman Creek is not subject to tidal influences and does not require a mean high water line/determination. The applicant, Zach Miller, addressed the Commission about the project, stating he is working with the City on the Covenants, and the final version of the plat. Mr. Miller stated this version shows the ordinary water line, which is the same as the top of the bank. He spoke about the swale and/or upland buffer and explained that the St. Johns River Water Management District (SJRWMD) permit does not require either due to the change of water flow going to the storm water pond to the west — no outflow to the east. Terry Durden, Professional Surveyor, addressed the Commission about the process used for measuring Sherman Creek adjacent to Selva Preserve. All the results showed there was no tidal influence. Public Hearing Mayor Glasser opened the Public Hearing. Martha Padgett spoke in opposition to the Selva Preserve Replat. Mark Tingen spoke in opposition to the Selva Preserve Replat. John Lining spoke in opposition to the Selva Preserve Replat. Kelly Erhayel spoke in opposition to the Selva Preserve Replat. Suzanne Shaughnessy spoke in opposition to the Selva Preserve Replat. March 12, 2018 REGULAR COMMISSION MEETING Michael Charest spoke in opposition to the Selva Preserve Replat. Mike Armour spoke in opposition to the Selva Preserve Replat. Mayor Glasser closed the Public Hearing. A lengthy question and discussion period ensued from the Commission about flooding concerns, water retention, run-off/drainage, water levels of Sherman Creek, SJRWMD permit revisions, swails and buffers, wetlands conservation, and on-site tree mitigation. The applicant, Zach Miller, addressed the Commission stating it is a legal requirement to retain water onsite, or through an easement to a water body. The water flow is going to the storm water pond to the west — no outflow to the east. Planner Derek Reeves addressed the Commission and concurred that the storm water system flows to the west and stated that Staff deems this a feasible project for those requirements. Terry Durden, Professional Surveyor, addressed the Commission and stated rain water runoff results in minor changes to water levels of Sherman Creek. Jim Lucas, subdivision engineer, addressed the Commission and stated when the project was scaled back it required the SJRWMD permit to be renewed and revised. Mr. Lucas stated the original drainage concept remained the same and there are no swales in the final plans. Ryan Carter, Carter Environmental Services, addressed the Commission and stated he is a professional wetlands scientist and has been involved with this project for twelve years. He spoke about increasing the grade of these sites by tree removal and mitigating by planting approximately 931 trees (5 ft. to 6 ft. in height) in the area including the wetland enhancement, the wetland creation, and the wetland restoration. The tree species will vary with the land and will be appropriate for the area. Motion: To approve the plat with conditions that the applicant work with staff to approve relevant covenants; that staff review the final version of the plat submitted on March 8, 2018 to ensure no unexpected changes other than the 60 foot buffer. Moved by Waters, Seconded by Kelly Commissioner Waters spoke about how the applicant has worked with the City. There are no waivers requested, the number of homes have been decreased, the property is designated RS 1 for residential development, and they are in compliance with the SJRWMD permit guidelines. Pending the plat approval, Ms. Waters spoke about the potential plans for the City to purchase some of the property for preservation of green space. Commissioner Kelly spoke about land development according to our Code, property owners' rights, and expectations of neighboring property owners. Ms. Kelly stated the presentation for tree mitigation shows there will be more appropriate trees/vegetation replanted and better for the area going forward. Commissioner Kelly stated new construction is allowed per the Code. Commissioner Norris inquired about the plat .submitted on March 8, 2018 and the approval process. Planner Reeves responded there are five departments involved in the approval process and completion is still pending. Mr. Reeves stated the only expected change is going from a 50 ft. buffer to a 60 ft. buffer. Commissioner Norris suggested not approving before completion of the staff approval process. 5 March 12, 2018 REGULAR COMMISSION MEETING Commissioner Stinson questioned the data from the surveyor's results showing no tidal influence and no buffer requirements, and the developer stating no outflow to Sherman Creek and no buffer requirement. He stated he believes there is tidal influence. Commissioner Stinson expressed concerns about allowing construction too close to the waterway. He also stated concerns about the emergency exit, comparing it to the issues the City incurred with the Cloister. Commissioner Stinson spoke about moving water to the west and the existing water retention problems at Linkside. He closed stating that if this plat is approved the property value will increase, affecting the cost to the City. Mayor Glasser stated she agrees with Commissioner Waters statements. The owners have the right to use the property at the highest possible use. Ms. Glasser expressed concerns regarding the emergency exit issue and requested input from City Attorney (CA) Durden. CA Durden addressed the Commission. Ms. Durden stated her understanding is that the exit is for emergency purposes only. If there are any changes the applicant would have to come back to the Commission for a revision. This could be added as a condition with the approval or as a statement on the face of the plat `for emergency use only' with the defined scope of an emergency exit use. Zach Miller addressed the Commission and stated his understanding for this exit is that it is for Police, Fire, and Rescue. The language can be in the written order and go on the plat. A lengthy discussion continued from the Commission about property appraisals being based on raw land, remeasuring to establish a mean high water mark, impact of the weir, protecting wetlands, the previous dredging of Sherman Creek, and the developer's addition of the 60 ft. buffer. Mayor Glasser reviewed the slide displayed that showed reasons for approval and/or denial. Ms. Glasser inquired what criteria would be used to deny this request. There was some discussion about amending the motion. Commissioner Kelly stated she requested to withdraw her second on the original motion. CA Durden clarified the motion on the floor is to approve the plat subject to the two conditions (outlined under the approval paragraph). Ms. Durden stated there was more discussion about adding another condition clarifying the emergency access/exit was for Police, Fire, and Rescue. Any change would require the land owners to come back to the Commission to seek revision to the plat. CA Durden stated there was discussion about a possible condition regarding the mean high water line and said she is not clear whether it was raised in the context of a potential condition. Recess Mayor Glasser called for a recess at 8:27 P.M.; the meeting reconvened at 8:37 P.M. Mayor Glasser spoke about parliamentary procedure for the motion that is currently on the floor. The options are to approve as is, deny it, or defer action to a future meeting. Based on discussion there are still questions about the weir, the mean high water mark, covenants and restrictions, exits, and the final approval process being incomplete. MOTION: To allow Commissioner Kelly to withdraw her second on the original motion. Moved by Norris, Seconded by Stinson Roll Call Votes: to remove second Con March 12, 2018 REGULAR COMMISSION MEETING Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED CM Gerrity requested the Commission not to discuss potential purchase or value of this property. It is not germane to the request. Mayor Glasser confirmed there is no motion on the floor. MOTION: To defer action to the March 26, 2018 Commission meetinL' to allow staff to complete full review of the applicant's submission; and for the applicant to work with staff on relevant covenants. Moved by Norris, Seconded by Stinson Discussion ensued from the Commission resulting in a request for the applicant to provide the mean high water mark, downstream of the weir and continued upstream of the weir, through Sherman Creek all the way to the origination in the City. CA Durden addressed the Commission and inquired if the City is required to obtain information regarding the mean high water mark and bring back to the Commission. Commissioner Stinson responded he is requesting the City or the developer/applicant to determine the mean high water mark downstream of the weir, what the elevation above sea level is, and indicate on the plat where that elevation is in relation to their development. Terry Durden, Professional Surveyor, stated this is a request to project an elevation further down the creek and up the creek. He explained the process involved. Roll Call Votes: to defer to March 26, 2018 Aye: 5 Stinson, Waters, Kelly, Norris, Glasser Nay: 0 MOTION CARRIED 7. Committee Reports A. Appointments to the Environmental Stewardship Committee Commissioner Stinson addressed the Commission and reported the Board Member Review Committee (BMRC) interviewed applicants for two openings on the Environmental Stewardship Committee (ESC). The recommendation is to appoint Sarah Boren, District 1306, and Steve Kallao, At -large, to the ESC for the unexpired terms ending December 31, 2020. MOTION: To accept the appointment of Sarah Boren and Steve Kallao to the ESC. Moved by Kelly, Seconded by Waters There was a brief discussion confirming the applicants are a good choice. Roll Call Votes: Aye: 5 Waters, Kelly, Norris, Stinson; Glasser Nay: 0 MOTION CARRIED 7 March 12, 2018 REGULAR COMMISSION MEETING B. Update on pension activity to be given by Pension Board of Trustees Members Ray Brandstaetter and Tim Anderson Commissioner Kelly addressed the Commission and deferred to the Finance Director, Russel Caffey. Mr. Caffey stated there are two Pension Boards, each consisting of five members/trustees, and he gave a report of the duties of the Pension Trustees. Ray Brandstaetter, Chair, General Employee Pension Board, addressed the Commission. He provided a brief financial report and stated they are approximately 76% funded. There were no questions and Mayor Glasser thanked Mr. Brandstetter for attending. Tim Anderson, Police Officer Pension Board, addressed the Commission. He provided a brief financial report and stated they are approximately 68.8% funded. There was discussion about utilizing Reserve Funds or taking other actions to cover the shortfall in this fund. All agreed that further research is needed and then schedule meetings to continue discussion on this issue. The Commission thanked Mr. Anderson and Mr. Brandstaetter for attending. 8. Action on Resolutions A. Resolution No. 18-08 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION OF A SIDEWALK AND ASSOCIATED PEDESTRIAN AND BICYCLE SAFETY IMPROVEMENTS ON SHERRY DRIVE AND SEMINOLE ROAD; ACKNOWLEDGING THAT THE PROJECT IS FUNDED BY FDOT AND NO CITY FUNDS WILL BE UTILIZED FOR CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the title of the Resolution into the record. CM Gerrity addressed the Commission explaining the sidewalk will be from Sherry Dr. at Seminole Rd., from Ahern St. to 17th St., with construction scheduled to start mid -summer. The FDOT budget is $688,246. There was discussion about the project only going to 15th St. due to an FDOT budget shortfall of approximately $30,000. CA Durden suggested language could be amended in the Resolution in two places: • At the second `WHEREAS,' add `the vicinity of' before 17th Street. • At the first `SECTION 1.' add `the vicinity of' before 17th Street. Mayor Glasser asked Lisa Herrold to explain where the northern terminus of this route is located. Lisa Herrold addressed the Commission and responded it was at 15th Street. Discussion ensued about the discrepancy in the FDOT budget figures. CM Gerrity stated the budget shortfall resulted if the project went to 17th Street. There is no budget shortfall if the project is going to 15th Street. Motion: To Adopt Resolution No. 18-08 as read. March 12, 2018 REGULAR COMMISSION MEETING Moved by Norris, Seconded by Kelly Discussion ensued about the project starting at the school and going north, the Resolution authorizing the City Manager to execute the JTA contracts for the construction, the City maintaining the sidewalks after construction is complete, and providing a route map for the citizens to view. Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED Action on Ordinances A. Ordinance No. 95-18-115, Public Hearin AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR DEFINITIONS, PERMITTED SOURCES, CERTIFICATES OF SOURCE, PENALTIES AND ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SECTION 2-146.1 OF THE ATLANTIC BEACH CODE OF ORDINANCES, JURISDICTION OF SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the title of the Ordinance into the record. CA Durden updated the Commission about comments received from the U.S. Humane Society for consideration regarding our ordinance. This resulted in some revisions and are shown in the red -lined copy of the Draft Ordinance dated 3/8/2018, along with a clean version of the draft dated 3/8/2018. Tonight's Public Hearing can be opened and CA Durden recommended continuing the Public Hearing to March 26, 2018. This will allow time to readvertise the revised Draft Ordinance for the public's view. Public Hearing Mayor Glasser opened the Public Hearing. There were no speakers. Motion: To continue the Public Hearing to March 26, 2018 for consideration of the new Draft Ordinance No. 95-18-115. Moved by Stinson, Seconded by Norris Discussion ensued about the definitions and revisions, ensuring humane conditions for pets, animal rescue adoptions, and defining hobby breeders. Roll Call Votes: Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED B. Direction from Commission to City Attorney regarding gas station ordinance. CA Durden reviewed discussion from the last meeting about either drafting a proposed ordinance banning gas stations or providing regulations specifying where to locate gas stations within the City. W March 12, 2018 REGULAR COMMISSION MEETING Mayor Glasser explained this is open discussion only for the Commission. Topics discussed were as follows: • Proceed with ban, with protections due to natural disasters, remodeling. It was noted a ban can be lifted, if necessary, in the future. Write an Ordinance to: • limit the number of gas stations in City. • specify allowed locations, displayed by concentric circles on zoning map. • state no variances or waivers allowed. • limit number of pumps - minimum 6, maximum 8. • state hours of operation — 6:00 A.M. to 11/12:00 P.M. • restrict proximity to residential neighborhoods. • specify lighting/lumens standards per state statute regulations. • not allow auto repair shop. • not allow car washes. Shane Corbin, Community Development Director, addressed the Commission, stating the ordinance can be drafted to include use conditions specific to gas stations dealing with lighting, signage, landscaping, buffering, distance from residential property, no variances/waivers allowed, buffering between gas station locations, specifying number of pumps, and building design features. CA Durden stated, based on the information provided, she will meet with Shane Corbin, Derek Reeves, and CM Gerrity to draft an Ordinance reflecting the regulations stated and bring back to the Commission. Consensus from_ the Commission was to move forward on drafting an Ordinance for gas stations with specific regulations and defined constraints. C. Discussion on Gun Violence and School Safety Chief Cook addressed the Commission about actions and efforts the Police Department has been involved with regarding Gun Violence and School Safety. There has been active shooter training, tactics and incident management, round table discussions, various exercises in-house and with other agencies (Neptune Beach, Jacksonville Beach, JSO, St. Johns County, Duval County School Board, JFRD), and tactical training. The department conducts Community Outreach with citizens, businesses, and schools by providing CRASE training (Citizen Response to Active Shooter Events) sponsored by Homeland Security. There will also be a `Stop the Bleed' class available to citizens, City staff, and Police Department volunteers, teaching traumatic wound care. Both of these are focused on average citizens to know what to do until the professionals arrive on scene. Chief Cook spoke about the Code Red Drills and the Safe School Plans. Mayor Glasser expressed her appreciation to Chief Cook for her expertise in these issues. Mayor Glasser spoke about cities passing/renewing Resolutions to improve school safety and end gun violence since the Parkland, FL shooting. We want our police department to have the available resources required to respond to an emergency and to reassure our residents, parents and children that Atlantic Beach is doing everything we can do. Mayor Glasser provided a sample Resolution for consideration. Discussion ensued from the Commission and consensus was to move forward on drafting a Resolution. CM Gerrity and Chief Cook will work together to draft a Resolution and bring back to the Commission. 10 March 12, 2018 REGULAR COMMISSION MEETING 11. City Attorney/City Clerk Reports and/or Requests City Attorney Durden Spoke about the legislative session and applauded the FLOC, reporting several bills preempting local governments from different activities and regulations were not approved. Stated there are concerns that those same issues may return next year. City Clerk Bartle Stated there are two vacancies in the City Clerk's office, and one may be filled by the end of the week. 12. Closing Comments by City Commissioners and City Manager City Manager Gerrity • Reminded the Commissioners about the Opening of the Beaches Parade on April 29, 2018. Commissioner Kelly No report/comment. Commissioner Norris • Stated she will be at the parade! Commissioner Stinson • Attended the Institute of Elected Officials last week. • Spoke about supporting Beach Renourishment funding and proposed a Resolution. • Spoke about the Parking Committee proposals to remove the 18th St. shower, and to add new signs. Commissioner Waters • No report/comment. Mayor Glasser Commented about the Resolution supporting Beach Renourishment. Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:23 P.M. ATTEST: Mften Glasser Donna L. Bartle, CMC City Clerk DLB/njp 11 Mayor, Presiding Officer