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06-11-18 Reg. Comm. Meeting MinutesMINUTES j Regular City Commission Meeting Monday, June 11, 2018 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIENCE CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat i Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 (Arrived at 6:46 PM) Brittany Norris, Commissioner - Seat 5 John Stinson, Commissioner - Seat 2 Also Present: Brenna Durden, City Attorney (CA) Joe Gerrity, City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Donna Bartle, City Clerk (CC) Phyllis Nadeau, Associate City Clerk/Recording Secretary 1. APPROVAL OF MINUTES Mayor Glasser asked if there were any corrections to the minutes below. There were no changes or corrections. The minutes stand as submitted. A. Approve minutes of the Commission Workshop Meeting on April 13, 2018 B. Approve minutes of the Regular Commission Meeting on May 14, 2018 2. COURTESY OF FLOOR TO VISITORS A. Presentation of Certificate of Appreciation to Beaches Vineyard Church by Chief Michelle Cook Mayor Glasser invited Chief Michelle Cook to lead the presentation. Chief Michelle Cook expressed appreciation to Beaches Vineyard Church for their contribution of a venue and volunteers for the Active Shooter Incident Response Program last year. She invited Kim Greene, Dave Lashbrook and Scott Ferrell from Beaches Vinyard Church to accept a Certificate of Appreciation on behalf of the City of Atlantic Beach and the Atlantic Beach Police Department. Mayor Glasser read the Certificate of Appreciation. Regular City Commission June 11, 2018 B. Presentation of Life -Saving Awards to Officers Tricia Anderson, Rusty Bonifacio and Dispatcher Shauna Patterson by Chief Michelle Cook Mayor Glasser invited Chief Michelle Cook to lead the presentation. Chief Michelle Cook explained an incident of a medical emergency wherein the officers made the decision to assist with a call placed to the Jacksonville Fire & Rescue Department (JFRD). The officers arrived before JFRD and Officer Anderson retrieved an Automated External Defibrillator (AED) from her patrol vehicle before entering the residence. Officers Bonifacio and Anderson provided timely cardiopulmonary resuscitation (CPR), saving the life of the victim. The caller who reported the incident was very distraught and unable to articulate the location of the victim. The dispatcher, Shauna Patterson, stayed on the line with the caller and after some time was able to get an address. Life-saving medals and pins were presented to Officers Tricia Anderson and Rusty Bonifacio. PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. CC Bartle called each speaker to the podium as follows: • Justin Blakeman spoke in support of Item 5B. • Mark Tingen praised the Police and Fire Departments and spoke in support of 5B. • Maria Mark spoke in favor of Items 5A and 10A. • Romy Vann spoke in favor of Item 5B. • Hank Brigman spoke in favor of Item 5B. • Jeff Montanye spoke in favor of Item 5B. • John November spoke in favor of Item 5B. • Mike Armor thanked the Fire Department and the Police Department for saving his home from a fire. He also spoke in favor of Item 5B. • Betsy Cosgrove spoke about Ordinance 90-18-233 and deferral to the Community Development Board. • Jackie Beckenbach spoke in favor of Items 5A and 10A. City Clerk Bartle read the names and comments from the citizen who did not wish to speak as follows: • Steve Fouraker in support of Item 5C. • Randy & Julie Rabb opposed to Items 5A and 5B. • No name in support of Item 5C. • Glad Hogan in support of Items 5A and 5B. • Elizabeth Haas in support of Item 5C. • Gretchen Deters -Murray in support of Item 5B. • Mary Ann Bennett in support of Items 5A, 5B and 5C. • Siler Wylie in support of Item 5A and opposed to Item 10A. Regular City Commission June 11, 2018 3. CITY MANAGER REPORTS A. City Manager's Report CM Gerrity reported on an email received from the Army Corp of Engineers, explaining funds have been received for beach re -nourishment which will be taking place late this year or in the spring of 1919. The Jacksonville City Council has approved funding for dune restoration. CM Gerrity reported on a lightning strike on the beach today wherein several people were injured but no fatalities. There was a fire in Oceanwalk that was well-contained by JFRD and was without casualties. B. Accept the 90 -Day Calendar (June through August 2018) CM Gerrity asked the Commissioners for Agenda topics for the next Workshop Meeting which are held the third Monday of each month. Mayor Glasser offered topics - a six-month update on the Commission's priorities, how to proceed with the beautification and signing initiative (the Branding Initiative) and, if necessary, carrying over Item I OA from this Agenda to the next Workshop Meeting. Commissioner Stinson stated that Items IOB and IOC would be more appropriate to discuss in a Workshop Meeting environment. Consensus was given to accept the 90 -day calendar. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Norris: • Wished Commissioner Kelly a Happy Birthday. Commissioner Stinson: • Spoke about Ms. Cosgrove's presentation and her referral about the Gate Gas Station issue. He reminded the Commission that he had requested on multiple occasions to refer to the Community Development Board (CDB) and the requests were rebuffed. He stated Ms. Cosgrove made a great argument for referring these types of issues to the CDB. He would like this to be an issue for a Workshop or Town Hall Meeting. • Praised Officer Tricia Anderson, Rusty Bonifacio and the Atlantic Beach Police Department. • Requested information on the landscaping and irrigation/sprinkler system work that should have been done at the Town Center. He was disheartened to see Sago Palm trees planted in the Town Center as they are not pet friendly. Regular City Commission June 11, 2018 Commissioner Waters: • Agreed with Ms. Cosgrove's assessment of the Gate Gas Station issue. If it can be fixed through a Code revision then that is what should be done. • Agreed with Commissioner Stinson with regard to Sago Palms as they are toxic. • Thanked the Commissioners for deferring an important agenda item from the last meeting so that she could vote. • Commended Captain Phillips for his 30 -year service with the Lifesaving Corp as well as the trainees for safeguarding our dunes. Commissioner Kelly: • Thanked the Police Department for the end -of -year picnic party for the school on June 6, 2018. • Announced Arts in the Park did a great job even though they had wet weather. Mayor Glasser: • Reported on her attendance at the tenth anniversary of our 4th Fleet which is based at Naval Station Mayport. She thanked the workers within the 4th Fleet for their efforts to keep us safe and Rear Admiral Sean Buck for his leadership. • Announced her attendance at a ribbon -cutting ceremony for seven new homeowners at the Ocean Gate community for Beaches Habitat last Saturday. She spoke about the City's commitment to affordable housing and thanked Beaches Habitat for their support in our community. • Spoke about wearing a button in memory of Hunter Cope. Hunter Cope is the 12 -year- old boy who was killed along Mayport Road in March of 2017. She spoke about the area's need for an advocate to support creating a school zone. Thanks to DCM Hogancamp, CM Gerrity, the middle school principal, and the parents, a study by the Department of Transportation (DOT) was obtained and the area has been approved for a school zone. • Spoke about World Kidney Cancer Day. Judy Nicholson was a local Realtor with Watson Realty who fell victim to kidney cancer. Her family created "The Judy Nicholson Kidney Cancer Foundation" in an attempt to bring awareness to the disease. A letter she has written to the Foundation and to the International Kidney Cancer Coalition will be available to read on social media. MOTION.• To move Item l0A Waiver 18-0006 before item 5A of the agenda. Motion: John Stinson Second. Blythe Waters Ellen Glasser Against Blythe Waters (Seconded By) For Candace Kelly For Brittany Norris For John Stinson (Moved By) For Motion passed by a vote of 4 to 1 to move Item IOA. Regular City Commission June 11, 2018 10A. MISCELLANEOUS BUSINESS WAIV 18-0006 Public Hearing Request for waiver as permitted by Section 17-52 to waive the required mitigation for tree removal on a residential property as required by Section 23-33 to allow the construction of a new single family home at 2347 Fiddlers Lane (Lot 54 Oceanwalk Unit One.) Community Development Director (CDD) Shane Corbin presented a slideshow as he explained the Waiver, re -plat, site context, proposed plan, the need for a re -plat, analysis and concerns, and the need for the Waiver. The owner of the lot, Julie Hammond, addressed the Commission requesting the bare minimum of the trees she is required to replace according to the building permit. She explained her need for the waiver. Mayor Glasser opened the Public Hearing and CC Bartle called the following speakers: • Mike Borno spoke in favor of Item l0A • Brian Major asked for one of the trees. • Eric Moser spoke in favor of Item l0A • Jeff Montanye spoke in favor of Item 10A. • Linda Chipperfield spoke against Item 10A. City Clerk Bartle read the names and comments from the citizen who did not wish to speak as follows: • Heather Nickodem supports Item 10A. Mayor Glasser closed the Public Hearing. Commissioner Stinson asked Mr. Corbin and Mr. Reeves to confirm that palm trees do not have to be mitigated. Mr. Corbin deferred the question to City Planner Brian Broedell. Mr. Broedell confirmed that palm trees are only required to be mitigated if they are over six inches in diameter. Commissioner Kelly asked Mr. Broedell about his calculations and if he thought everything that has been recommended will fit on the lot. Mr. Broedell stated he knew it would be a tight fit, but the City had to meet the 50% to approve it without a Waiver. He went on to state the other options available which would also require a Waiver. Mayor Glasser asked when the tree Ordinance was last updated and if the tree Ordinance is consistent with the section on developing a lot that is zoned residential. Mr. Broedell stated the tree Ordinance was last updated in 2015. Mr. Corbin explained the section of the Ordinance on developing property. Commissioner Waters spoke about the monetization of the tree canopy being part of the Land Development Code at the request of citizens who want to see the canopy maintained. Each Commissioner disclosed the ex parte communications they had with the applicant prior to this meeting as follows: Regular City Commission June 11, 2018 • Commissioner Norris met with the applicant and former Mayor Borno prior to the meeting at the applicant's property and was given a tour of the area. • Mayor Glasser met with the applicant before she ever received a permit to remove the trees and she did see her again today by accident. • Commissioner Kelly stated she has met with the applicant prior to this meeting. • Commissioner Stinson stated he met with the applicant but this communication does not jeopardize his ability to render a fair vote on this matter. • Commissioner Waters confirmed her statement to be the same as Commissioner Stinson. All of the Commissioners agreed their ex parte communications with the applicant do not jeopardize their ability to render a vote on this matter fairly. Commissioner Waters asked the applicant about her tree allergy testing and explained the other tree - planting options to the applicant. Commissioner Kelly asked the applicant about whether her contractor discussed all five options with her. The applicant stated she was not involved in choosing the trees as she had instructed her contractor to do whatever needed to be done to pull the permit to clear the lot. Discussion ensued about the Code, the different options, the cost of legacy species trees, what was approved by the City in order to pull the permit, the survival of the trees, the Environmental Stewardship Committee, commitment to the Code, payment versus replacement mitigation, and deferring action. MOTION: To defer Waiver 18-0006 until June 25, 2018. Motion: John Stinson Second: Candice Kelly CM Gerrity stated that deferring the Waiver to City staff would not be helpful as the City only has authority to follow the Code, which they have already done. CA Durden suggested another option in which the applicant can request a different type of Waiver by modifying her application. Commissioner Stinson explained his reason for the deferral is not to put the burden of crafting a compromise on the City staff, but rather the property owner. Deferring the issue would give the applicant a chance to come back with more ideas based on what has been discussed at this meeting. Commissioner Waters spoke about keeping with the spirit of the Code, the unreasonable reasons for the Waiver given by the applicant, tree survival, the hard work that went into developing the Code, and the Code's inclusion of primary development of lots and not just redevelopment. Commissioner Norris spoke about other viable options, setting a precedent, mitigation in other areas of the City, and our City having declared its trees a natural resource. Mayor Glasser spoke about the Waiver being reasonable as the Code does not make allowances for this type of issue. A temporary Certificate of Occupancy for the applicant while the issue is deferred would be acceptable to her. Regular City Commission June 11, 2018 It was requested that the applicant return with a modified application at the June 25, 2018 Commission Meeting. Ellen Glasser For Blythe Waters For Candace Kelly (Seconded by) For Brittany Norris For John Stinson (Moved By) For Motion passed unanimously to defer WAIV18-0006. 5A. Public Hearing WAIV18-0007 Request for waiver as permitted by Section 24-46(b) to waive the requirement for wetland mitigation within the City of Atlantic Beach as required by Sections 24-270 and 24-272 at RE # 172027-0100. Planner Derek Reeves explained he will be presenting both the Waiver and the Plat at one time though there will be separate Public Hearings. He explained the Waiver request and the Re -plat are part of the Purchase and Sale Agreement (item 5B) for the Selva Preserve Property. Within the re -plat the agreement calls for an allowance for mitigation outside the City with the use of mitigation bank credits. Mr. Reeves explained other items such as which portion of the wetlands will remain natural, deed restrictions, easement along Sherman Creek, access changes, and fence. The proposed plan is to modify the Selva Preserve Plat approved on March 26, 2018. Mayor Glasser opened the Public Hearing and CC Bartle called the following speakers: • Bruce Strickland spoke in opposition to item 5C. • Mark Tingen spoke in opposition to item 5C. • Randy and Julie amended their previous opposition to items 5A and 513 and are in support of items 5A, 5B and 5C. Mayor Glasser closed the Public Hearing. The applicant, Laura Ferrante with Selva Preserve, LLC, spoke about the market value of the property, the market condition, the cost of mitigating on site, and the ongoing negotiations. The original agreement specified that Selva Preserve would be able to use the credits they have already purchased for the district and corp in order to mitigate on the remaining property. All questions were answered. CA Durden reiterated the two conditions of the Waiver being effective: 1. If the sale of the property and the greenway easement is completed. 2. If the re -plat is approved. MOTION: To approve WAIV 18-0007 as read on the conditions as stated by the City Attorney. Motion: Blythe Waters Second. Brittany Norris Regular City Commission June 11, 2018 Commissioner Stinson: Spoke about the provisions, conflicts, mitigation credits, negotiations, and the public interest in purchasing the property. Commissioner Waters: Spoke about creating a program for mitigation within the City limits and environmental stewardship, Commissioner Kelly: Expressed support for granting the Waiver with the condition that the trees be planted within the City of Atlantic Beach. Mayor Glasser: Spoke about mitigation, the Code being imperfect, emails in support of the purchase, and language used in describing negotiations. Commissioner Norris: Spoke about the difference in the types of mitigation Waivers. Ellen Glasser For Blythe Waters (Moved By) For Candace Kelly (Seconded By) For Brittany Norris For John Stinson Against Motion passed by a vote of 4 to I to approve WAIVI8-0007 5B. Public Hearin >r Reconsideration of 17-SPPR-501 Request for reconsideration and conditional approval of the Selva Preserve plat as recorded in Plat Book 71, Page 63 of Duval County, Florida at RE# 172027-0100. CA Durden reiterated the Plat would come into effect only if the sale of the property and the greenway easement are completed. If for any reason the commands do not occur, the existing Plat would be the one effective and would remain effective. MOTION. To approve reconsideration of 17-SPPR-501 with the condition that it would be effective only if the sale of the property and the greenway easement is completed. Motion: Blythe Waters Second. Candice Kelly Ellen Glasser For Blythe Waters (Moved By) For Candace Kelly (Seconded By) For Brittany Norris For John Stinson For Motion passed unanimously to approve reconsideration of 17-SPPR-501. Regular City Commission June 11, 2018 5C. RESOLUTION NO. 18-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING THE AGREEMENT FOR SALE AND PURCHASE OF PROPERTY WITH SELVA PRESERVE, LLC FOR THE PURCHASE OF CERTAIN LANDS AND GREENWAY EASEMENT LYING WITHIN THE SELVA PRESERVE SUBDIVISION FOR $1.35 MILLION DOLLARS, SUBJECT TO FINANCING TO BE OBTAINED AND APPROVED BY THE CITY COMMISSION AND SATISFACTORY TO THE CITY IN ITS SOLE DISCRETION AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, THE GREENWAY EASEMENT ATTACHED THERETO, AND SUCH OTHER CLOSING DOCUMENTS AS MAY BE NECESSARY TO EFFECTUATE THE TRANSACTION AS CONTEMPLATED BY SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. CM Gerrity explained the Resolution as a Purchase Agreement for the sale of the Selva Preserve Parcel. Some of the major points of the Agreement are: • Purchase price is $1.3 million dollars (approximately $100,000 below two appraisals). • The Agreement includes a 40 -foot easement granted to the City on the remaining parcel by the Selva Preserve, LLC, for the City to use as passive recreation. • The City has prepared, released and closed the Request for Purchase (RFP) for a loan not to exceed $1.5 million. • The City received one proposal from Branch Banking and Trust (BB&T) a 15 -year note for 3.55% which is an approximate $120,000 yearly payment over a 15 -year period. The City will not borrow the total $1.5 million but will roll in any legal fees. • The City will have bond counsel, a fee for the financial advisor, and a bond counsel for the bank and real estate sale transaction fees. This should total approximately $1.4 million. • The financing Ordinances will come back for two readings; July 91h and July 23ra CM Gerrity thanked the Law Firm of Holland & Knight as they did a lot work on this Pro Bono. CA Durden expressed her appreciation for the law firm, the City staff, CM Gerrity, and Laura and her team. Mayor Glasser asked CM Gerrity to explain the greenway easement. CM Gerrity explained that the greenway easement is for the City to have a walkway/pathway through the portion of the property that the City does not own. The City has asked for a total of 40 feet. Before construction of the easement begins, the City is obligated to put up a 5 foot fence. MOTION. To Approve Resolution No. 18-23 Motion: Brittany Norris Second. Blythe Waters Commissioner Stinson: Expressed his concerns about the cost of the property. He stated there is a storm water system upgrade that has not been paid off, the City's maintaining its financial strength should a Regular City Commission June 11, 2018 hurricane hit this upcoming season, and developing and maintaining the path and park as we move forward over the next two or three years. However, there is overwhelming support for the purchase and, for this reason, he will vote in support of it. Commissioner Waters: Spoke about the limited opportunities the City has for land preservation remaining, and listening to the wishes of our constituents. Commissioner Kelly: Reassured the citizens that buying this property does not preclude putting money toward other projects such as Mayport Road, storm water, neighborhood preservation or parks. Ellen Glasser For Blythe Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For John Stinson For Motion passed unanimously. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS A. Board Member Review Committee (Commissioner Stinson) Commissioner Stinson stated he is not prepared to report on this committee. There are multiple vacancies with no applicants. He implored the City to use all methods in an attempt to recruit applicants including all of the Commissioners asking people to serve. Consensus was given to defer this issue to the June 25, 2018 Meeting. 8. ACTION ON RESOLUTIONS A. RESOLUTION NO. 18-22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE TWO POLICE FLEET VEHICLES DURING THE 2017-2018 FISCAL YEAR. CM Gerrity asked on behalf of the Police Department and staff to use existing budgeted funds to purchase a police vehicle and a motorcycle. Commissioner Kelly: Spoke about salary lapse money that was donated to the Pension Funds last year and wanted to make sure there was some funds left over to do that again this year. MOTION. • To adopt Resolution No. 18-22 as read. Motion: John Stinson Regular City Commission June 11, 2018 Second. Brittany Norris Ellen Glasser For Blythe Waters (Seconded By) For Candace Kelly For Brittany Norris For John Stinson (Moved By) For Motion passed unanimously. 9. ACTION ON ORDINANCES A. Ordinance No. 90-18-233, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165, GAS STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24- 51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. CDD Corbin went through the history of the Ordinance and stated nothing has changed in the Ordinance itself, but the City did add some definitions in the areas of updated terminology (auto service station), zoning districts (Commercial Limited and General Commercial), and convenience store minimum and maximum square footage. There are separate definitions for gas stations, electric charging stations, convenience stores and car washes. Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed public hearing. Discussion ensued regarding how the changes affect existing gas stations and all questions were answered. MOTION. • To adopt Ordinance No. 90-18-233 as read by title. Motion: John Stinson Second. Brittany Norris Commissioner Waters: Conveyed her appreciation for the City staff's hard work, reducing footprint, and future development. Commissioner Kelly: Spoke about economic development and the need for specifications in future Ordinances for better enforcement. Commissioner Norris: Expressed her interest in bringing it before the Community Development Board (CDB) at a later date. Regular City Commission June 11, 2018 Commissioner Stinson: Thanked everyone for the hard work and spoke on the learning experience with the Gate issue. Mayor Glasser: Spoke about her support of the Ordinance, outright bans on gas stations, and presenting before the CDB. CA Durden brought attention to a few places in the Ordinance wherein there are blanks for inserting the date of adoption and wants to make sure those dates are filled in at this meeting if the Motion passes. Candace Kelly For Brittany Norris (Seconded By) For Ellen Glasser For Blythe Waters For John Stinson (Moved By) For Motion passed unanimously for Ordinance No. 90-18-233. 911. ORDINANCE NO. 90-18-234, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Planner Derek Reeves presented a slideshow as he explained the history of the Ordinance and the changes as proposed for adding a definition for a Medical Marijuana Treatment Dispensing facility as well as a pharmacy. The City is removing pharmacies from the Commercial Limited district but making them both a permitted use within commercial zoning. He defined frontage requirements and buffers. Mayor Glasser opened the Public Hearing and CC Bartle called the following speakers: • Mark Tingen spoke about presenting to the CDB. Mayor Glasser closed the Public Hearing. MOTION.• To Adopt Ordinance No. 90-18-234 as read by title. Motion: Brittany Norris Second: Blythe Waters Regular City Commission June 11, 2018 Commissioner Kelly: Spoke about the support for this Ordinance in the community but is not sure it fits into the Atlantic Beach residential community. Commissioner Norris: Spoke on the age demographic in favor of this Ordinance. Commissioner Stinson: Asked CA Durden to cover the timeline (deadline) should the Ordinance not pass. CA Durden replied that the current moratorium for Medical Marijuana was May 29, 2018. At the last meeting she stated that because this was pending before the Commission she felt the City was insulated from applicants. If the Motion fails, there will be no moratorium and no special provisions for Medical Marijuana dispensing facilities in the City and any Medical Marijuana facility applicant would by law have to be treated the same as pharmacies. By the current Code this would be allowed in both CL (permitted use) and CG (permitted use) with no special distant requirements or other provisions. However, a Medical Marijuana dispensing facility must still meet the requirements of the statute but those have to do primarily with the operation, websites, and to some degree the times they are open for dispensing purposes along with the distance to schools (500 feet). Commissioner Stinson asked about taking the issue up on an emergency measure should the Motion fail (an outright ban). CA Durden replied that the Motion does require the two-thirds vote, therefore, to take up something that is not on the Agenda would require a 4 out of 5 vote by the Commission to take up an emergency Ordinance. Commissioner Stinson: Expressed his concern over the Federal Government not being in support of the Ordinance causing future problems for the City. He would like to wait and see how the Ordinance gets managed throughout the State and how it works for other communities before adopting it in our community. An overwhelming number of his constituents are not in favor of this Ordinance. Commissioner Waters: Spoke about the difficulty of the issue and constituents reluctance to take a public stand, Mayor Glasser: Spoke about the legal disconnects of having medical marijuana in our state, the referendum that passed in our City, and keeping recreational use and medical use separate. Ellen Glasser For Blythe Waters (Seconded By) For Candace Kelly Against Brittany Norris (Moved By) For John Stinson Against Motion passed by a vote of 3 to 2 for Ordinance 90-18-234. lOB. Authority and Accountability for Oversight of All Extraordinary Legal Expenses. (Commissioner Stinson) Commissioner Stinson requested this item be placed on the next Workshop agenda. He explained the budget process, the City's high legal fees and the need to be informative and transparent to the citizens. Consensus was given to place on the next Workshop scheduled for June 18, 2018. Regular City Commission June 11, 2018 10C. Performance Appraisal Process. (Commissioner Stinson) Commissioner Stinson announced that the City is in its third year of performance appraisals. He expressed concerns about the current process not being effective and the need to decide whether to discontinue the appraisals or bring ideas to the table on how to make the process more effective. He would like this issue on the Agenda at the next Workshop Meeting. Discussion ensued about simplifying the process, the effectiveness of staff evaluations, and the need to discuss. Consensus was given to place the item on the next Workshop Meeting Agenda. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Stinson: • Spoke about social media being misused and mutual respect. Commissioner Waters: • Spoke about suicide and depression and the stigma associated with it, and the importance of being more open about mental health issues. Commissioner Gerrity: • Spoke about the new tinting of the windows in the Chamber. • Thanked the Commissioner for their hard work. Mayor Glasser: • Agreed with Commissioner Waters on her comments regarding depression. • Reported on the status of the Climate Survey and announced there should be some results by early July. 13. ADJOURNMENT Regular City Commission June 11, 2018 There being no further discussion, Mayor Glasser declared the meeting adjourned at 11:06 PM. Attest: Donna L. Bartle, City Clerk E en Glasser, Mayor Regular City Commission June 11, 2018