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05-14-18 Commission Meeting MinutesRegular City Commission May 14, 2018 Page 1 of 11 MINUTES Regular City Commission Meeting Monday, May 14, 2018 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE 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 1 Bl ythe Waters, Mayor Pro Tem, Seat 3 Candace Kelly, Commissioner - Seat 4 Brittan y Norris, Commissioner - Seat 5 Absent: John Stinson, Commissioner - Seat 2 Also Present: Brenna Durden, City Attorne y (CA) Joe Gerrity, City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Donna Bartle, City Clerk (CC) Phyllis Nadeau, Associate City Clerk/Recording Secretary (ACC) 1. APPROVAL OF MINUTES B. Approve minutes of the Regular Commission Meeting on April 23, 2018. Mayor Glasser announced Item 1A will be skipped. C. Approve minutes of the Priority Goal Setting Meeting on January 12, 2018. Mayor Glasser asked if there were an y corrections to the above minutes. There were no changes or corrections. ACTION: Minutes stand as submitted. 2. COURTESY OF FLOOR TO VISITORS Mayor Glasser asked the Commission if there were an y objections in re -ordering the Items listed in Courtesy of the Floor to Visitors as follows: 1. Item 2D - Presentation of the Purple Heart City Proclamation. 2. Item 2E - Proclamation in Recognition of Kids to Parks Da y 2018. 3. Item 2B - Report from Representative Cord Byrd on the Legislative Session. There were no objections. Regular City Commission May 14, 2018 Page 2 of 11 D. Presentation of Purple Heart City. Mayor Glasser introduced Captain David Yoder, Commander Naval Station Mayport. Captain Yoder spoke about recognizing veterans for their service and sacrifice. Ma yor Glasser introduced individuals from various veterans groups: • Jim Wellmon, Military Order of the Purple Heart, Chapter 524. • Clarence Hill and Randy Whisman, American Legion. • Gordon Dempsey, Fleet Reserve (not present). • Jerry Stalnaker, Jax Vets. • Patrick Culver, Historic Mayport Military Officers (not present). Clarence Hill invited everyone to a Veterans Ceremony June 16th at 9:00 am at Beaches Veterans Memorial Park. The Jacksonville American Legions Post 129 is hosting the event, Jacksonville Beach Mayor Latham will be the guest speaker, and there will be a Vietnam pinning ceremony b y Congressman Rutherford. Mayor Glasser announced the month of May as Military Appreciation Month, explained the meaning and history of the Purple Heart Award and introduced the Purple Heart recipients: • Duane St. John • Joe Tulli • Eppie Harrison • Christopher Vedick • Lee Brown • Bill Smith • Jim Wellmon • Warren Abernath y • Ernest Serna • Bob Cooper • Olen Childers Mayor Glasser read the Proclamation into the record. Jim Wellmon, Commander of local Chapter 524 Military Order of the Purple Heart presented a Special Recognition Award to the City of Atlantic Beach. Purple Heart recipient Bill Smith presented Proud Supporter pins to the Mayor and the Commissioners. E. Proclamation in Recognition of Kids to Parks Day 2018. Mayor Glasser introduced special needs child and frequent visitor to the City’s parks Dante Demuth and his mother Karen Demuth. She introduced the Director of the City's Park and Recreation Department Timm y Johnson and the Chair of the Atlantic Beach Cultural Arts and Advisory Committee Grant Healy. Mayor Glasser read and presented the Proclamation in Recognition of Kids to Park Day to Dante and Karen Demuth. Regular City Commission May 14, 2018 Page 3 of 11 B. Report from Representative Cord Byrd on Legislative Session. Commissioner Norris introduced Representative Cord Byrd. Representative Byrd reported on legislation regarding appropriation for five- star veterans transitioning out the military, safety on Mayport Road and working with the Department of Transportation (DOT), funding for revitalizing Ma yport Village docks, a Tree Ordinance Bill that he voted against but did pass in the legislation, secured funding for updating culverts along Florida Boulevard, upcoming constitutional amendments, unfunded mandates, and House Bill 63. A. Langton Grant Writing Update. DCM Kevin Hogancamp to introduced Melissa Beaudr y and Lisa King from Langton Consulting, transitioning and working with City staff. She announced an award of around $250,000 covering three different grant applications within the last month, the projects being funded, and the Cost Share Program for the St. Johns River Water Management District. They have been working for potential technical assistance from the National Park Service to assist staff with developing the Parks Master Plan. She announced that Lisa King was just awarded a $3.5 million grant for the Mayport Ferr y. Lisa King stated they are working with the City in developing applications for Hazard Mitigation Grant Funding and potential Tier II funding. C. Presentation on the Transportation Improvement Program (TIP) for Fiscal Years 2018/2019 through 2022/2023. CM Joe Gerrity introduced Denise Bunnewith from the North Florida Transportation Planning Organization (TPO). Ms. Bunnewith gave an update on the Transportation Improvement Program (TIP) regarding pedestrian safet y improvements, drainage, a bike path trail, Wonderwood construction and resurfacing, greenways, trails, the Sea Level Rise Study, and updating the Congestion Management Plan. All questions were answered. F. Proclamation in Recognition of National Public Works Week. Mayor Glasser introduced Kale Moran, Cit y Public Utilities Director. Mayor Glasser read the Proclamation recognizing National Public Works Week. Mr. Moran reminded ever yone to have Hurricane Plan. G. Atlantic Beach Experimental Theater (ABET) Proclamation. Mayor Glasser announced she will present and read the Proclamation at the last scheduled performance in Atlantic Beach on Ma y 20, 2018. She stated ABET will be moving to a new location and will be renamed the All Beaches Experimental Theater. PUBLIC COMMENT Mayor Glasser explained the process for public comments and her intention to suspend the rules to allow Commissioners five minutes to respond to concerns. She opened the Courtes y of the Floor to Visitors. City Clerk Bartle called one speaker: Regular City Commission May 14, 2018 Page 4 of 11 • Paul Gunsaulies spoke about storage of recreational vehicles and a moratorium on Code Enforcement. 3. CITY MANAGER REPORTS A. City Manager’s Report CM Joe Gerrit y reported $217,000 has been received from Hurricane Matthew from the Federal Emergenc y Management Agenc y (FEMA), and the City is still expecting about another $135,000. This brings our total to $282,000 to date. He spoke about moving the shower at the 18th Street Beach Access. Chief Cook and the Public Works Director Scott Williams went to the site and it was decided to put off moving the shower for now. CM Joe Gerrit y reported the trees have been removed out of the drainage area in Terra Verde. He reminded ever yone of the North East Florida League of Cities Dinner on May 17, 2018, and that the next meeting is on May 29, 2018, which is a Tuesday due to Memorial Day. He explained that the plans for the 10th Street beach access walkover are site-specific to the contour of that specific dune and in order to move the walkover to a new location the whole engineering process would have to be recreated. The $30,000 grant ma y not be transferrable to another walkover. He spoke about the need for the City to have an American Disabilities Act (ADA) compliant walkover. Two firms are being considered on the code re-write to assist the Planning Council. There should be a decision by the end of the week. He explained the goals for the new position. C. Accept the 90-Day Calendar (May - July 2018) Mayor Glasser spoke about scheduling a Workshop on May 21st with Parking and Pedestrian Safety Advisory Committee (PPSARC) about the 10th Street Beach access at 6:00 p.m. and this was tentativel y scheduled. Consensus was given to accept the 90-day calendar. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Norris: • Thanked the City Manager and Chief Cook for addressing the 18th Street beach access issue. Commissioner Waters: • Spoke about the improvements seen at the shower on 10th Street. • Reported witnessing a full sized backhoe on the beach removing sea turtles for necrops y and inquired about the Commission working together with the Beaches Sea Turtle Patrol about removing the sea turtles for necrops y. • Thanked Ma yor Glasser for Purple Heart Proclamation. Regular City Commission May 14, 2018 Page 5 of 11 Commissioner Kelley: • Spoke about the improvements done to the shower area at 10th Street. • Spoke about Rotary International inviting all of their members to plant a tree. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETING. None. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS A. Cultural Arts and Recreation Advisory Committee Timmy Johnson, Director of CARAC, introduced Grant Healey, Dawn Pope and Marina Kaplan. Grant Heale y inquired as to the status of the Resolution regarding reducing the amount of members to CARAC, canceling Arts in the Park and rescheduling for June 2nd, Wild Wonders at Dutton Island on Ma y 26, 2018, Flag Football through June 2, 2018, every Saturday morning, Acoustic Night on May 27, 2018, Arts-in-the-Park on June 2, 2018, Song Writers on June 3, 2018, and the Jazz Festival on September 15, 2018. The current process used to promote contributions is being changed and will be sent to the Commission when complete. Questions were answered from the Commission about the process for recruitment of members to CARAC and available space at Adele Grage. Mayor Glasser inquired about reinstating a Teen Council. Timmy Johnson announced Dawn Pope is the liaison to the Teen Council. Dawn Pope spoke on how the Teen Council would be selected and their role. Discussion ensued about recruiting members, available venues, and matrix scores. CA Durden asked to review the application for CARAC membership. Discussion ensued about Sunshine Laws, the League of Cities assistance with setting up a Teen Council, and the Teen Council participating in Small City Government Week in October. 8. ACTION ON RESOLUTIONS A. RESOLUTION N0. 18-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH INSITUFORM TECHONOLOGIES, LLC PIGGYBACKING ON JEA CONTRACT NO. 152566 DATED 2016 AND APPROVING A PURCHASE ORDER FOR $222,616.68 ON BEHALF OF THE CITY OF ATLANTIC BEACH. CM Gerrity reported on re-lining pipes in the Oak Harbor area and the benefits of this process. Commissioner Kelley spoke about an article seen in The League of Cities magazine regarding cleaning water and the process of re-lining. CA Durden asked CM Gerrit y to add the standard mandatory public records language the City uses in all of its’ contracts to the contract in the Agenda packet. Regular City Commission May 14, 2018 Page 6 of 11 MOTION: To adopt Resolution No. 18-17 as written. Motion: Blythe Waters Second: Brittany Norris Ellen Glasser For Blythe Waters (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Motion passed 4 to 0. B. RESOLUTION NO. 18-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE TWO WESTECH CAGE DRIVES FOR 70-FOOT SECONDARY CLARIFIERS. CM Gerrit y spoke about the budgeted funds for Stormwater Management and the ongoing Repair and Replacement Program in the Utility Department. The price is $67,500 with the installation being bidded out. Discussion ensued about the budgeted amount and whether there are other expenditures under this budget item for this fiscal year. MOTION: To adopt Resolution No. 18-18 as read. Motion: Blythe Waters Second: Candace Kelly Motion passed 4 to 0. C. RESOLUTION NO. 18-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE PURCHASE OF REAL PROPERTY AT 0 LINKSIDE DRIVE, ATLANTIC BEACH, FLORIDA FOR THE PURPOSE OF, BUT NOT LIMITED TO, ASSISTING WITH STORMWATER MANAGEMENT AND POTENTIAL EXPANSION OF THE CITY PUBLIC WORKS YARD; APPROPRIATING AN AMOUNT NOT TO EXCEEED $62,500 PLUS CLOSING COSTS FROM THE STORMWATER UTILITY ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AND SUCH PURCHASE ORDER(S) IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Ellen Glasser For Blythe Waters (Moved By) For Candace Kelly (Seconded By) For Brittany Norris For Regular City Commission May 14, 2018 Page 7 of 11 DCM Kevin Hogancamp displayed a map of the parcel under contract. CM Gerrity stated the propert y is mainly to be purchased for stormwater control. A Phase I Environmental Study will be done prior to purchase. Discussion ensued about the parcel's proximity to Jordan Park. MOTION: Motion to accept Resolution 18-19. Motion: Candace Kelly Second: Brittany Norris Motion passed 4 to 0. 9. ACTION ON ORDINANCES A. Ordinance No. 90-18-234, Public Hearing and First 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 MARIJ UANA 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. Mayor Glasser read the Ordinance. Derek Reeves, Planning and Development, spoke on the history of the Ordinance, the code language, and reviewed the key facts on Florida State Law. He displa yed a map to show potential areas for these facilities based on the regulations that have been proposed. Mayor Glasser asked if there were an y speakers on the issue. There were none. The Public Hearing was closed. Discussion ensued and questions were answered regarding potential dispensary locations, propert y lines, daycare facilities, pharmac y restrictions, the restrictions in Jacksonville Beach and Neptune Beach, door-to-door restrictions versus footage restrictions, and the moratorium. MOTION: To amend Ordinance No. 19-18-234, Section 24-169(a)(1) to read “Another pharmacy or another medical marijuana treatment center dispensing facility located within the city limits.” Motion: Brittany Norris Second: Blythe Waters Ellen Glasser For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Regular City Commission May 14, 2018 Page 8 of 11 A brief discussion ensued regarding the possible impact of amending the Ordinance. Commissioner Norris: • Spoke about supporting what the citizens want. Commissioner Waters: • Spoke about Mayport Road. Mayor Glasser • Spoke about the Motion to Amend. Ellen Glasser For Blythe Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 4 to 0. Commissioner Norris • Spoke about the issue some citizens have with the belief that legalizing Medical Marijuana leads to the legalization of recreational marijuana. MOTION: To approve the Amended Ordinance Public Hearing and First Reading. Motion: Brittany Norris Second: Candace Kelly Commissioner Waters: • Spoke about citizens that have contacted her about wanting an option besides an opioid for pain. • Stated the statistics showing a drop in opioid prescriptions in states that have opened up medical marijuana. Commissioner Kelley: • Spoke about the uncertainty of the Federal Government's future decisions and the regulatory environment. • Spoke about the potential for transition of medical marijuana into recreational marijuana. • Reported on a drug survey taken at Fletcher High School showing high numbers. Commissioner Norris: • Spoke about regulations on marijuana and the Federal Government's potential for future negation. • Spoke about the constituents that have contacted her about the need for these facilities. • Spoke about the need for the Commission to make this decision. Mayor Glasser: • Spoke about the States authority to pass laws on medical marijuana and the Federal Government's inability to prohibit the law. Regular City Commission May 14, 2018 Page 9 of 11 • Spoke about the majority (77%) of residents that support medical marijuana and the Commission’s responsibility to listen to its constituents. Commissioner Waters: • Spoke about States’ rights and the correlation between medical marijuana transitioning into recreational marijuana. Ellen Glasser For Blythe Waters For Candace Kelly (Seconded By) Against Brittany Norris (Moved By) For Motion passed 3 to 1. 10. MISCELLANEOUS BUSINESS A. WAIV18-0004 Public Hearing Request for Waiver as permitted by Section 24-46(d) to waive the prohibition of tattoo artists within the Commercial General zoning district as required by Section 24-111(b) at 1021 Atlantic Boulevard, Unit 983. CM Joe Gerrit y introduced Planning Department Director Shane Corbin who addressed the Commission regarding the un-typical nature of the business, which is a permanent cosmetic makeup operation to be added to an existing salon. He addressed zoning, coding, and the need for a waiver. The Ma yor asked the business owner Gianefer Ross to explain the business. Public Hearing: There were no speakers; the Public Hearing was closed. Questions from the Commissioners were answered regarding licensing, leasing, and advertising. CA Durden clarified the conditions associated with the first Waiver for tattoo business: 1. Personal to the applicant. 2. Operating hours of the business. 3. Appropriate licensing for type of work and location. 4. Submittal b y land owner authorizing the application (Owner's Authorization for Agent) 5. Hours of operation. The Federal Circuit Court of Appeals has deemed tattoo artistry as "artistic expression" and any flat out prohibitions is considered unconstitutional. CA Durden stated she is not certain that the application was executed by the land owner and it appears the application was executed by Solas' General Manager and Equity One, who is the owner of the property and who paid the application fee. She recommended the proper documentation be in the file and suggested the Waiver be subject to a condition that written approval (Owner's Authorization for Agent) from the land owner (Equity One) be obtained. MOTION: To approve Waiver Request 18-0004 with the conditions that the Owner's Authorization for Agent is submitted, the Waiver is personal to the applicant, that the applicant Regular City Commission May 14, 2018 Page 10 of 11 displays proper licensing to do the work, and with the operating hours of 9:00 am to 8:00 pm. Motion: Brittany Norris Second: Candace Kelly Mayor Glasser stated the grounds for the Commission's decision based on when it is demonstrated that compliance with such provision would be unreasonable, in conflict with the public interest, or a practical impossibility. Ellen Glasser For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 4 to 0. B. PLAT18-0001 Public Hearing Request for plat approval as required by Chapter 24, Article 4 of the Code of Ordinances within the Residential General, Multi- family zoning district at RE# 172137-0000, 172140- 0000 and 172136-0000 (previously known as 110, 120 and 0 Jackson Road). Mr. Reeves displa yed the Plat. He explained the proposed dimensions and the plans for construction. He informed the Commission the plant is well below density and well within the minimal lot size requirement for a townhome. The building contractor Dustin Brown with Mathieu Builders introduced himself and stated he was at the meeting to answer an y questions. Public Hearing: Propert y owner Melissa Gann spoke about the shortage of propert y in the area and answered questions from the Commissioners. Mayor Glasser closed the Public Hearing. Mr. Reeves answered questions from the Commissioners about cost and materials. MOTION: To approve Plat 18-0001 with the condition the applicant provide and record the easements and covenants on the platted lots that may include a Stormwater Management Plan if required by the City. Motion: Candace Kelly Second: Blythe Waters Commissioner Waters: • Spoke about plat approval or denial and wanted to make sure the citizens understand the process. The Commission cannot den y a Plat if it is compliant with the requirements of Chapter 24, Article 4 in the Code of Ordinances. The requirements are set to encourage redevelopment of the area. Commissioner Norris: • Spoke about gentrification and the dollar amount that is considered affordable housing. Mayor Glasser: • Spoke about the townhomes improving the property values and fitting in with the comprehensive plan for the area. Blythe Waters (Seconded By) For Candace Kelly (Moved By) For Ellen Glasser For Brittany Norris For Motion passed 4 to D. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Norris: • Thanked the staff. Commissioner Waters: • Thanked the staff. Commissioner Kelley: • Spoke about the Commissions' progress on projects to date. CM Gerrity: • Spoke about enforcing the Building Codes. • Asked about Commissioners being able to come early to the next meeting. 13. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:53 p.m. Attest: Ellen Glasser Mayor, Presiding Officer Donna L. Bartle, CMC City Clerk Regular City Commission May 14, 2018 Page 11 of 11