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02-25-19 Minutes Regular Commission MeetingMINUTES Regular City Commission Meeting �Monday, February 25, 2019 - 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 Cindy Anderson, Commissioner - Seat 2 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Commissioner - Seat 5 Absent: Blythe Waters, Commissioner Seat 3 Also Present: Joe Gerrity, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Shane Corbin, Planning and Community Development Director (PCDD) Phyllis Nadeau, Associate City Clerk/Recording Secretary 1. APPROVAL OF MINUTES After the invocation and the pledge, Mayor Glasser announced there are five members of the Atlantic Beach Youth Council present who will be shadowing the Commission during this meeting. She invited them to take their designated seats on the dais and introduced them as follows: Savannah Beeler, Ali Hostetter, Elizabeth Hosto, Parker Rossignol, and Hannah Neville Mayor Glasser requested to move Item 7A to Courtesy of the Floor. There was consensus from the Commission to deviate from the order of the agenda as requested. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. A. Approve minutes of the Regular Commission Meeting on January 28, 2019. B. Approve minutes of the Regular Commission Meeting on February 11, 2019 Regular City Commission February 25, 2019 Page 1 of 14 DCM Hogencamp stated the presentation involves local photographers Saul Freedan and Deborah Kay and their.photos taken during the recent Donna Run. (photos on display) Mr. Freedan wished to present a framed photo to the person photographed who was participating in the run. Mayor Glasser called Steven Walker and his mother, Barbara Gilbert, to come up and receive their photo. Saul Freedan stated the title of the photo is 'Road Warrior' and presented it to Steven Walker. He thanked Steven for showing his grit and determination to win the Push Rim Wheelchair Half Marathon race in the time of 1 hour, 36 minutes, 14 seconds. Steven Walker shared his story about his disability that started in 2012, how he faces challenges and achieves and accomplishes goals. He stated this race was just another challenge to undertake and he hopes to do the full marathon next year. A. Public Safety Awards and Recognition (Chief Michelle Cook) Mayor Glasser read a letter into the record (on file) received from the Jacksonville Sherriffs Office (JSO). This is to recognize the following nine Atlantic Beach Police Officers: Chief Cook Lieutenant Peck Officer Harding Commander Gualillo Detective Bissel Officer Cassidy Commander Laison Detective Shaffer Officer Anderson This letter is to acknowledge their response to an armed robbery that occurred on January 2, 2019 on Mayport Road and their invaluable assistance to the JSO in the apprehension of a violent suspect. The suspect stole a vehicle, kidnapped the owner, and led the officers on a lengthy and dangerous pursuit, resulting in significant injuries to police and the kidnapped victim. Mayor Glasser stated the victim, Mr. Reese, was a Deacon at the Baptist Church in Mayport. Mr. Reese passed away recently, resulting from his injuries. Chief Michelle Cook explained she will be recognizing Atlantic Beach Police Department employees/volunteers, who were voted for by their peers. They are as follows: Regular City Commission February 25,2019 Page 2 of 14 Rose Keys - Volunteer of the Year, assisting with parking enforcement, traffic control, and emergency response team. Lauren Rella - Civilian Employee of the Year, started as a volunteer then hired as the Accreditation Manager, achieving Law Enforcement Accreditation for the department. Joe VanHoff - Police Officer of the Year, for continually displaying the Atlantic Beach Police Department Core Values - Integrity, Courage, and Excellence. He has served as a Field Training Officer, on the Special Response Team, and Patrolman in Charge. 7A. Atlantic Beach Youth Council- "If I Were Mayor" essay contest (Mayor Glasser) DCM Hogencamp stated the City held their first Essay Contest in association with Government Week. Sixth graders from our community were invited to write an essay, up to 350 words, starting with "If I were Mayor I would..." There was a great response and we received creative, insightful, and brilliant essays. Mayor Glasser announced the top three winners: 3rd Place: Daijah Parrish, Mayport Coastal Sciences Middle School, $25 prize 2nd Place: Daisy Ross, James Weldon Johnson Middle School, $50 prize 1 st Place: Nicky Cooey, Mayport Coastal Sciences Middle School, $75 prize Mayor Glasser read a paragraph from Nicky Cooey's essay into the record, about suggestions for eliminating littering. As a result, the City of Atlantic Beach will have a contest for all kids under 18 years to submit selfies of trash collected. A prize will be awarded for the most creative photo submitted. PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. • Tom Hindle spoke against adopting Ordinance No. 90-19-23 8. • Chris Griffith spoke against adopting Ordinance No. 90-19-238. • Kelly Elmore spoke against adopting Ordinance No. 90-19-238 • Lewis Wolfrom spoke against adopting Ordinance No. 90-19-238. • Justin Newbern spoke against adopting Ordinance No. 90-19-238. • Steve Hauenstein spoke against adopting Ordinance No. 90-19-238. • Jane Hauenstein spoke against adopting Ordinance No. 90-19-238. • Bryan Barker spoke against adopting Ordinance No. 90-19-238. • Paul Mattingly spoke against adopting Ordinance No. 90-19-238. • Lynn Mattingly spoke against adopting Ordinance No. 90-19-238. • Ashton Hudson spoke against adopting Ordinance No. 90-19-238. • Mark Frisch spoke against adopting Ordinance No. 90-19-238. Regular City Commission February 25, 2019 Page 3 of 14 ® Jack Ogin spoke against adopting Ordinance No. 90-19-238. ® Brian Major spoke against adopting Ordinance No. 90-19-238. City Clerk Bartle read the name and comment from the citizen who did not wish to speak as follows: ® Betsy Cosgrove would like to go on record she is against adopting Ordinance No. 90- 19-238. A. City Manager's Report CM Gerrity announced that the City of Neptune Beach has scheduled a meeting on Paid Parking on Wednesday, February 27, 2019 at 9:00 AM, in their Chambers. Last Thursday, February 21, 2019, CM Gerrity, DCM Hogencamp, and Mayor Glasser watched the Police Department receive their Accreditation Award. Mr. Gerrity congratulated Chief Cook and the Police Department. B. Accept the 90 -Day Calendar (March through May 2019) Commissioner Kelly stated there is a Board Member Review Committee (BMRC) meeting on March 27, 2019. Consensus to accept the 90 -Day Calendar with the addition of the BMRC meeting. A. Founders Day Proclamation (Mayor Glasser) Mayor Glasser introduced Bishop Percy Golden and his family and gave a family history of their contribution to the City of Atlantic Beach. Mayor Glasser read a part of the Proclamation into the record. Commissioner Reports: Mayor Glasser - no comment. Savannah Beeler (Youth Council) - spoke about the success of the Beach clean-up. Commissioner Kelly - no comment. Parker Rossignol (Youth Council) - expressed his appreciation to shadow the Commission and gain experience and be involved in the community. He also spoke against Ordinance No. 90-19-238. Regular City Commission February 25, 2019 Page 4 of 14 Commissioner Norris - spoke about Ordinance No. 90-19-238 and addressed some of the concerns expressed by citizens during Courtesy of the Floor. Elizabeth Hosto (Youth Council) - spoke about the environment and expressed her appreciation to participate in local government. Ali Hostetter (Youth Council) - spoke about the beach clean-up and expressed her appreciation to participate in local government. Hannah Neville (Youth Council) - spoke about her participation in the Youth Council and thanked the Commission for allowing her to take part in the meeting. Commissioner Anderson - spoke about the legislative session starting March 4, 2019 and hiring a lobbyist to assist the City. None :► I ► ► lTII�I At the request of Mayor Glasser, Savannah Beeler read the Consent Agenda title. A. Acknowledge receipt of the Monthly Financial Report for January 2019. B. Acknowledge receipt of the Monthly Building Report for January 2019 MOTION. To accept the consent agenda as read. Motion: Candace Kelly Second. Brittany Norris Cindy Anderson For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed 4 to 0. Dawn Pope, CARAC member and Youth Council advisor, addressed the Commission. Ms. Pope provided details and explained the process for the essay contest. Regular City Commission February 25, 2019 Page 5 of 14 B. Parking and Pedestrian Safety Advisory Resource Committee (PPSARC) Report and Recommendations (Commissioner Anderson) Commissioner Anderson introduced Michael Tari, PPSARC, for a presentation. Mr. Tari spoke about the sun -setting of the PPSARC and the initial parking recommendations made to the Commission. He presented a slideshow of their updated recommendations which are also detailed in the agenda report dated February 4, 2019. Discussion ensued about the use of delineators as a solution on 18th Street. Chief Cook spoke about delineators and did not recommend their use. Mayor Glasser stated she was not in favor of 'new' parking on Saturiba. Mr. Tari spoke about the request to extend the PPSARC by one year. The Commissioners thanked the PPSARC for their service to the City. 8. ACTION ON RESOLUTIONS A. RESOLUTION NO. 19-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE USE OF COMMUNITY DEVELOPMENT FUNDS FOR FACADE IMPROVEMENT GRANTS IN THE MAYPORT BUSINESS OVERLAY DISTRICT; ESTABLISHING GUIDELINES FOR A FACADE IMPROVEMENT GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. PCDD Corbin provided a slide presentation, which is inclusive of both Resolution Nos. 19-13 and 19-14. The presentation showed examples of facade improvement and public art intended to promote economic development and a unique sense of place on Mayport Road. Mr. Corbin explained that Resolution No. 19-13 is to enact the Fagade Improvement Grant Program for areas of Mayport Road shown on the slide titled Figure 1. There will be an application process managed by the Planning and Community Development staff, under direction of the City Manager. The program provides 50% matching grant funds, up to $5,000, for exterior improvements made for buildings and vehicle use areas. Each qualifying project will require approval by the City Commission. Mr. Corbin explained that Resolution No. 19-14 is to enact the Mayport Road Public Art Program for areas of Mayport Road shown on the slide titled Figure 9 (same area as Res. No. 19-13). There will be an application process managed by the Planning and Community Development staff, and then scored by CARAC, under direction of the City Manager. The program provides 75% matching grant funds, up to $7,500, for public art along Mayport Road. Each qualifying project will require approval by the City Commission. Regular City Commission February 25, 2019 Page 6 of 14 Discussion ensued about the programs being only for Mayport Road in Atlantic Beach, partnering with Neptune Beach for a mural project on the flyover, and long term funding for this program. MOTION: To adopt Resolution No. 19-13 including the Atlantic Boulevard Flyover and the parcels on the SE corner of Atlantic Boulevard and Mayport Rd. (with the pawn shop and the storage -unit facility). Motion: Cindy Anderson Second: Brittany Norris Cindy Anderson (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed 4 to 0. B. RESOLUTION NO. 19-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE USE OF COMMUNITY DEVELOPMENT FUNDS FOR A MAYPORT ROAD PUBLIC ART GRANT PROGRAM; ESTABLISHING GUIDELINES FOR A MAYPORT ROAD PUBLIC ART GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. MOTION: To adopt Resolution No. 19-14 including the Atlantic Boulevard Flyover and the parcels on the South East corner of Atlantic Boulevard and Mayport Road (with the pawn shop and the storage -unit facility). Motion: Brittany Norris Second. Candace Kelly Cindy Anderson For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 4 to 0. Mayor Glasser called for a recess at 8:57 PM. The meeting reconvened at 9:10 PM. Regular City Commission February 25, 2019 Page 7 of 14 A. ORDINANCE NO. 90-19-238, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING VARIOUS PROVISIONS RELATED TO MAXIMUM IMPERVIOUS SURFACE LOT COVERAGE, STORMWATER AND DRAINAGE MANAGEMENT REQUIREMENTS AND APPROVAL PROCEDURES IN CHAPTER 24, LAND DEVELOPMENT REGULATIONS; AMENDING SECTIONS: 24-17, DEFINITIONS; 24-64, VARIANCES; 24-66, STORMWATER, DRAINAGE, STORAGE AND TREATMENT REQUIREMENTS; 24-104, RESIDENTIAL SINGLE -FAMILY - LARGE LOT; 24-105, RESIDENTIAL, SINGLE-FAMILY; 24-106, RESIDENTIAL, SINGLE-FAMILY; 24-107, RESIDENTIAL GENERAL, TWO- FAMILY; 24-108, RESIDENTIAL GENERAL, MULTI -FAMILY; 24-115, RESIDENTIAL, SELVA MARINA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mayor Glasser read Ordinance No. 90-19-238 by title. CM Gerrity provided a brief history of Ordinance No. 90-19-238 as detailed in the agenda memo. PCDD Corbin gave a slide presentation and reviewed the project history from October 18, 2018 to current, the Jones Edmunds Impervious Area Drainage Impact Analysis, staff recommendations, proposed enforcement changes, exemptions, and grandfathering. Steve Swann, City Engineer, commented on the map showing localized flooding and spoke about the volume calculations used for stormwater storage and run-off. Mayor Glasser opened the Public Hearing: • Suzanne Barker spoke in favor of Ordinance No. 90-19-238. • Steven Fouraker spoke in favor of Ordinance No. 90-19-238. • Jordan Clarkson spoke in opposition of Ordinance No. 90-19-238. • Chris Lambertson spoke in opposition of Ordinance No. 90-19-238. • Michael Tari recommended further research and modeling. • Justin Newbern spoke in opposition of Ordinance No. 90-19-238. • Jack Ogen spoke in opposition of Ordinance No. 90-19-238. City Clerk Bartle read the names of those who did not wish to speak but wanted to be on the record about Ordinance No. 90-19-238.: Lisa Herrold - In favor. David Herrold - In favor. Paula O'Bannon - In favor. John Saucerman - Opposed. Peter Christamsis - Opposed. Regular City Commission February 25, 2019 Page 8 of 14 Mayor Glasser spoke about there being only four (4) of the five (5) Commissioners present and stated the Public Hearing could be continued, if desired, by a motion. It would then be re -advertised, the Public Hearing would continue before conducting a vote on this item. City Attorney Durden provided information about continuing a Public Hearing for an Ordinance. There needs to be a motion, with a date specific, it will then be re -advertised to notify the Public when the action will take place. MOTION. To continue the Public Hearing (Ordinance No. 90-19-238) to the March 25, 2019 Commission Meeting. Motion: Cindy Anderson Second: Candace Kelly Mitch Reeves, spoke in opposition to continuing the Public Hearing. Cindy Anderson (Moved By) For Candace Kelly (Seconded By) Against Brittany Norris Against Ellen Glasser Against Motion failed I to 3. Commissioner Kelly stated this started with the previous Mayor and Commission. Ms. Kelly spoke about having a long-range plan to fix the flooding, planning for resiliency, the effects of increasing sea levels, and the purpose of the stormwater surcharge. Commissioner Norris spoke about property rights, swimming pools, the Jones Edmunds analysis, and stated she is not in favor of the motion to continue. Commissioner Anderson is in favor of the motion to continue, wants to revisit the data for swimming pools, and revisit the 45% lot coverage. Mayor Glasser spoke about transparency, getting word out to the community, and getting more information. She is in favor of the motion to continue. Discussion ensued about having a specific plan to continue the Public Hearing, preference to reach a conclusion tonight, obtaining more information about swimming pools, restrictive covenants, and pavers. CM Gerrity suggested, if there were going to be substantial changes to this Ordinance, the process should just start over. (i.e. swimming pools and lot coverage less than 45%) Regular City Commission February 25, 2019 Page 9 of 14 Mayor Glasser explained an Aye vote is to continue the Public Hearing, a Nay vote is to close the Public Hearing, then continue with the vote on the Ordinance. The vote failed to continue the Public Hearing. Mayor Glasser closed the Public Hearing. Mayor Glasser opened the floor to questions. Commissioner Kelly inquired of Mr. Swann if there was anything in the Jones Edmunds report that he would do differently? Mr. Swann responded he thought they (Jones Edmunds) did a wonderful job! Mayor Glasser inquired about swimming pools - pervious or impervious? Mr. Swann stated this data was based on a 24 hour storm, with 9.3" depth of rainfall. Pools generally have 4 to 6 inches freeboard, and could be expected to catch half of the 9.3" rainfall. Mr. Swann continued to after the storm - when it's over the homeowner pumps his pool. That water does not go to the sewer system, it goes outside. Mr. Swann stated there are some issues to work out with pools not being 100% impervious and suggested more research should be done. A lengthy discussion ensued about the 50% credit for the overall impervious surface and questioning what that would equate to. Mr. Swann responded it would equate to 4.5" of rainfall. Discussion continued about replacing/rebuilding driveways. Mr. Corbin explained as long as it is done within the existing footprint it is exempt. Discussion ensued about the incremental increases over time to expand an impervious area and how that can cause issues. MOTION. To approve Ordinance No. 90-19-238, amending Section 1, to consider swimming pools as 50% impervious surfaces. Motion: Brittany Norris Second. Cindy Anderson Commissioner Anderson stated the property owners have talked about this and she is in favor of making this change. Commissioner Kelly spoke about neighborhood identity and property values. She would vote for 50% for pools. Commissioner Norris agrees with the 50% for pools. Mayor Glasser read the definition of impervious/pervious surfaces and agrees to the 50%. A brief discussion continued about cities across the country considering pools as impervious. Regular City Commission February 25, 2019 Page 10 of 14 Cindy Anderson (Seconded By) For Brittany Norris (Moved By) For Candace Kelly For Ellen Glasser For Motion passed 4 to 0. MOTION. To approve Ordinance No. 90-19-238, amending Section 3 (b) Onsite storage, change 150 square feet back to 400 square feet. (WITHDRAWN -see below) Motion: Brittany Norris Second. Cindy Anderson Cindy Anderson (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 4 to 0. Commissioner Kelly stated the proposed 150 square feet should be enough. Commissioner Anderson she is in favor of 400 square feet, allowing for significant change. MOTION WITHDRAWN Commission Norris reconsidered a lesser amount and withdrew her motion. Commissioner Anderson withdrew her second. MOTION. To approve Ordinance No. 90-19-238, amending Section 3 (b) Onsite storage, change 150 square feet to 250 square feet. Motion: Cindy Anderson Second. Brittany Norris Discussion ensued and consensus was in favor of this amendment to the Ordinance. Cindy Anderson (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed 4 to 0. Regular City Commission February 25, 2019 Page 11 of 14 MOTION. To approve Ordinance No. 90-19-238, amending Section 1, to consider swimming pools as 50% impervious surfaces; amending Section 3 (b) Onsite storage, change 150 square feet to 250 square feet; amending Section 3. (b) Onsite storage (24th line) change engineer to surveyor. Motion: Cindy Anderson Second. Brittany Norris Discussion ensued about the changes noting they will mostly affect land being redeveloped and some huge -ass thing is going to be built! The changes are for the benefit of the whole City of Atlantic Beach. There was discussion about the aging infrastructure, flooding and sea level rise, coastal vulnerability, dune re -nourishment, and being a resilient coastal city. It was noted that Neptune Beach and Jacksonville Beach are at 35 % for their lot coverage. Cindy Anderson (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed 4 to 0. B. ORDINANCE NO. 33-19-24, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II. — THE COMMISSION, SECTION 5 — NUMBER OF COMMISSIONERS; SELECTION; TERM; SUBMITTING THE AMENDMENTS TO SAID SECTION 5 OF THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENTS ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. CA Durden reviewed the Ordinance stating it will change the term of the Mayor from two (2)year terms to four (4) year terms, limiting the number of consecutive terms to two (2) instead of four (4) , beginning with the Municipal Election in November 2020. Ms. Durden stated she has spoken with the Supervisor of Elections and March 19, 2019 is the deadline for getting this on the ballot for the next General Election on May 14, 2019. CA Durden explained that the Commission also has the option of a Special Election if the Ordinance does not make it on the ballot for the General Election. Regular City Commission February 25, 2019 Page 12 of 14 CA Durden directed the Commissioners to Exhibit A of the Ordinance in order to make modifications to specific Sections of the proposed Ordinance, as follows: ® Section 1, Article II - last line, take out four (4) year ® Section 3, b - next to last line, take out four (4) year ® Exhibit A - 13th line, take out four-year ® Exhibit A - 14th line, take out four-year MOTION. To approve Ordinance No. 33-19-24, amending the effective date from November 2020 to November 2022. Motion: Brittany Norris Second: Candace Kelly Commissioner Norris - stated every four years there will be three Commission seats up for election - the Mayor, Seat 3, and Seat 4. At the mid-term elections then there will be only two seats for election - Seat 2 and Seat 5. Ms. Norris expressed concern about effects on voter turnout. Commissioner Anderson - no comment. Commissioner Kelly - expressed her agreement with Commissioner Norris. Mayor Glasser - no comment. Cindy Anderson For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 4 to 0. MOTION. To approve Ordinance No. 33-19-24 as amended, changing the effective date to November 2022. Motion: Brittany Norris Second: Candace Kelly Commissioner Anderson - expressed her disagreement to the language throughout the proposed Ordinance and does not agree with changing the term of the Mayor. Commissioner Kelly - agrees with the proposed Ordinance. Ms. Kelly does not think two years is enough time to get things done. Regular City Commission February 25, 2019 Page 13 of 14 Commissioner Norris - agrees that two years is not enough time to get things done. Ms. Norris stated that the Florida League of Cities favors four-year terms for Mayors. Mayor Glasser - no comment. Cindy Anderson Against Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 3 to 1. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle spoke about roll -call votes and provided the Commission with a handout from the Code, Sec. 2-19 Rules of conduct and procedure at meetings, item (2) Rule 2. CA Durden stated on Wednesday, February 27, 2019 at 6:00 PM there will be training for all the Board/Committee members. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER There were no closing comments made by the Commission or City Manager. 13. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 11:27 PM. Attest: Donna L. Bartle, City Clerk z1z' �l Ellen Glasser, Mayor Approval Date: -312-511011 Regular City Commission February 25, 2019 Page 14 of 14