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10-26-09 vMINUTES REGULAR CITY COMMISSION MEETING October 26, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor William I. Gulliford, Jr. City Attorney Alan C. Jensen Mayor Pro Tem Mike Borno City Manager Jim Hanson Commissioner John L. Fletcher City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Gulliford called the meeting to order at 6:00 p.m. Commissioner Parsons gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of October 12, 2009. Motion: Approve the minutes of the Regular Commission Meeting of October 12, 2009, as written. Moved by Borno, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Gulliford opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. No one from the audience spoke so Mayor Gulliford closed the Courtesy of the Floor to Visitors. (Item 8A was taken out of sequence and acted on at this time.) 8. Miscellaneous Business A. Public Hearing to consider a request for an extension in time of a Waiver from the Land Development Regulations to permit certain business activities out-of--doors and to allow overhead work doors to remain open in the Commercial General Zoning (CG) District for Atlantic Powder Coating located at 57 West Plaza. Motion: Dent/ Land Development Waiver. Moved by Fletcher, Seconded by Borno Mayor Gulliford opened the Public Hearing. Jonathan Daugherty, 830 Hibiscus St., spoke against the waiver, stating he believes this sets a precedent for the rest of the Mayport Corridor. He stated he drove by the October 26 2009 REGULAR COMMISSION MEETING Page 2 business last week and observed that the rear doors were open in violation of the agreement made. He stated he talked to the owner and asked him why he had the rear doors open. He stated the business owner told him it was only the door on the addition that he thought should be closed, however in the agreement it states "doors". He further stated there was a great amount of noise emanating from the doors. He stated this is one of the nicer looking businesses in the area and the owner does a great job in keeping the front of his business looking good. He stated he believes if we give this business permission to store items outside in front of the business it sets a precedent for enforcement along the rest of the Mayport and for that reason he asked the Commission not to extend the waiver from the Land Development Regulations. Brian Christy, 1651 Mayport Road, spoke in favor of the waiver, stating he believes businesses should be allowed to keep their doors open for ventilation. He further asked for clarification of the issue. Commissioner Fletcher stated from Mr. Christy's comments he believes Mr. Christy is of the misunderstanding that this applies to his business also. Mayor Gulliford clarified this waiver only applies to that specific business. City Manager Hanson suggested Mr. Christy talk to Sonya Doerr who can explain what the rules are. Orion Keifer, 1200 Mayport Road, stated he is president of the corporation that owns the property Atlantic Powder Coating leases. He explained the background of the business and spoke in favor of the waiver. He stated they have not stored any materials outside of the building except as allowed and believes it is one of the cleaner businesses in that area. He stated he took a sound survey of the area and asked what the sound criterion is for Atlantic Beach, stating he could not find specifics in the Ordinance. He stated if there is a sound criterion that is of issue here, they are willing to address that. He further stated if there is a misunderstanding of what doors can and cannot be opened, they can correct that. He also asked why this particular business is being singled out. He stated his purpose is to try to facilitate this to work well because this is an excellent tenant in all respects who has made an extreme effort to assure his business is clean and neat. Monica Marrara, 62 West 13t°, reported on the noncompliance of Atlantic Powder Coating regarding the waiver to operate with the front doors open and all back doors closed while working or operating the machinery. She stated for the first few weeks they complied and kept all of their back doors closed but after approximately a month there were several violations of the waiver. She presented the City Clerk with pictures showing the view from their back yard which illustrated various doors opened in the back. She stated a loud hissing sound can be heard within their home as well as in the front of their house when only one small door is open. She further stated there were a couple of instances in which clouds of sand could be seen floating over their fence. She believes this is an industrial business in a commercial zone. Susan Evans, 1798 Hammock Circle, Jacksonville, owner of Atlantic Powder Coating, stated they have done everything they have been asked to keep in compliance. She stated they keep the doors closed when sandblasting. She stated the doors are occasionally opened to bring items in or out. She stated they do not have enough manpower to have someone shut the door immediately when they are taking huge, heavy pieces of iron in or out, so they may have to wait a while to shut the doors. She October 26.2009 REGULAR COMMISSION MEETING Page 3 stated the dust particles Ms. Marrara was talking about are from blowing off their cement to keep their business clean. She stated they do not store anything on the outside of the building. She explained when it comes out of the furnace it stays inside the building, but sometimes if they are overloaded they may pull a piece outside to cool. She stated these pieces don't stay outside for hours and hours and it certainly isn't an eyesore, it usually is beautiful pieces. She stated they have been asked to keep the doors closed and they have done so. She further asked why the open doors issue doesn't apply to other businesses, just her business. She asked that the Commission let them run their business and hopefully make a living and keep their employees employed. Harold Matthews, 57 W. Plaza Drive, owner of Atlantic Powder Coating, stated he would like clarification on what they need to do. He presented some slides and reiterated they do not store anything outside the building and the back doors are always shut when sandblasting. He stated the doors are only open when bringing items in or out. Joe Marrara, 62 W 13th, stated the first month the doors remained closed. He stated, however, the pictures he and his wife presented show a different reality. He stated the doors were open longer than 10-15 minutes and sound was coming out of all the doors that were open. Erik Herman, 20 Levy Road, stated his business has four walls and seven doors and if he has to close his doors, for whatever reason, his business will be closed forever. He stated they are singling out a business and are going to set a precedent and believes this precedent could be used against his business. Orion Keefer, 1200 Mayport Road, stated they did receive one complaint during the trial period about the doors being open and responded immediately. He stated they spoke to the tenant and believed, as the owners, the issue was resolved. He stated they are open to complaints and will take action immediately if there is a problem because they want to be good citizens. No one else from the audience spoke so Mayor Gulliford closed the Public Hearing. Community Development Director Sonya Doerr summarized the background of the temporary waiver granted 3 months ago and explained the conditions included with the waiver. She explained the only reason the doors are required to be closed is because of the condition the Commission placed on that approval. She stated without a waiver and the existing conditions, the business owner could have those rear doors open and then it becomes a matter of code enforcement. She stated there is no requirement in our Code for the front bay doors to be closed. That only applies to businesses on Mayport Road. Mayor Gulliford clarified if they deny the waiver, then the only thing they have done is said to the business owner that he cannot keep his cooling racks outside. Commissioner Borno reiterated this was a waiver for the cooling racks and the Commission also determined there was a dust and noise problem from the rear of the October 26 2009 REGULAR COMMISSION MEETING Paee 4 business, which caused the conditions to be placed on the waiver. Commissioner Borno read these conditions. He stated, from what he is hearing tonight, there seems to be confusion on the part of the business owner. Ms. Doerr stated the Commission granted a temporary waiver and the 90-day period is up now. She stated since the waiver has gone away the conditions have also gone away. Commissioner Borno stated the Commission has the privilege to put those conditions back in if they grant the waiver. Ms. Doerr agreed. Commissioner Woods asked why this originally came to the Commission. Ms. Doerr stated the original complaint came through Code Enforcement because of the property owners complaining about dust and noise and items being stored outside. Commissioner Woods stated she understood the business was going to have to close and move if they didn't get this waiver, but she stated now she is hearing the waiver is simply to keep items outside during daylight hours. Ms. Doerr confirmed, stating this does not address the use at all, just the conditions under which this use can operate. She stated this business is in a Commercial General area which transitions behind RG1, pointing out the location on a slide. Commissioner Woods asked what kinds of businesses are allowed in Commercial General that could move into this location should this business leave. Ms. Doerr read the list of businesses allowed under Commercial General. Commissioner Fletcher complimented the business stating it looks terrific from the outside but stated he does not support the waiver because it is incompatible to the Commercial General Zoning. He stated he drove by the business about six weeks ago and the doors were wide open. He stated he was disappointed because he believed there was a good agreement when the waiver was granted and everyone understood each other. He stated this is not compatible to residential zoning which does not require an exception to have a residential property there; it is the business owners who require the exception or waiver to have something a little more intense than Commercial General. He stated he does not believe the business owners met the conditions, i.e. keeping the doors closed during business hours. He stated not granting the waiver will not shut them down but it might make them have to change the way they do things. Alan Jensen clarified the zoning that was applicable when this business received its license was Commercial General. He stated it is not a nonconforming use; it is an allowable use under Commercial General and is not more intense than what is allowed by Commercial General, according to the license given to them by the City. He stated the waiver is to allow the outside racks. Commissioner Parsons stated he is in favor of the waiver. Commissioner Borno stated for him to consider the waiver, all three conditions would have to still be included. Ms. Doerr stated without a waiver or some regulatory mechanism to attach conditions, there are no conditions. She stated it is not a zoning variance or a use by exception. The waiver provided the mechanism to attach those conditions. She stated if they defy October 26, 2009 REGULAR COMMISSION MEETING Page 5 those conditions and it continues to be a problem, then it becomes a code enforcement issue which has its own process. Commissioner Fletcher asked the business owner to explain why the doors were open. Mr. Matthews stated the doors cannot be closed all the time because they have to bring large items in and take them out. He stated there is no sandblasting going on when the doors are open. Building Officer Mike Griffin suggested that the City establish a maximum decibel level for noise and a DEP standard for particulate coming out of a building. He stated if a case like this was taken to the Code Enforcement Board, they would ask what law they are violating; they need something that is measurable. After further discussion it was the consensus of the Commission to delay the decision for a month to see if the two parties can get together to work this out and bring back solutions to the Commission. Commissioner Fletcher withdrew his motion and Commissioner Borno withdrew his second. Motion: Defer action for 30 days with a continuation of the original waiver and conditions. Moved by Borno, Seconded by Woods Ms. Doerr was directed by the Commission to be the contact for the business owners and Mr. and Mrs. Marrara to receive their suggested solutions to these issues. Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED It was the consensus of the Commission to direct staff to study measurable decibels and DEP standards for particulate matter. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. Consent Agenda 4. 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 October 26 2009 REGULAR COMMISSION MEETING Page 6 HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Utility Sales for September 2009. B. Extend the contract for Orthophosphate (Bid No. 0809-02) for one additional year to Carus Phosphates, Inc. at the contract prices. C. Award the bid for Utility Contractor Annual Service Contract to Gruhn May, Inc. at the prices specified in Bid No. 0910-01. D. Authorize Bowen Civil Engineering to complete the design for replacement of the Ocean Blvd. Water Main from 10th Street to 14th Street under the City's annual contract, in the amount of $24,721.61. Mayor Gulliford asked for a motion to pass the Consent Agenda. Motion: Approve Consent Agenda Items A, B, C and D as read. Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 25-09-41, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, SPECIFICALLY REVISING SECTION 6-26, SCHEDULE OF BUILDING PERMIT FEES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford read Ordinance No. 25-09-41 by title. Motion: Approve Ordinance No. 25-09-41. Moved by Borno, seconded by Fletcher Mayor Gulliford opened the Public Hearing. Brian Christy, 1651 Mayport Road, asked what the fees were and if they had already been set in place. Mayor Gulliford stated the fees had been set. City Clerk Bartle gave him a list of the new fees. Assistant City Manager David Thompson explained the only fee that has been changed that will impact plumbing is the basic permit fee which will go from $35.00 to $55.00. He stated all other plumbing fees are the same. October 26 2009 REGULAR COMMISSION MEETING Page 7 No one else from the audience spoke so Mayor Gulliford closed the public hearing. Commissioner Borno thanked staff for their clean-up work on this Ordinance. Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 90-09-211, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY REVISING SECTION 24-69, FEES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford read Ordinance No. 90-09-211 by title. Motion: Approve Ordinance No. 90-09-211. Moved by Borno, seconded by Fletcher Mayor Gulliford opened the Public Hearing. No one from the audience spoke so Mayor Gulliford closed the Public Hearing. Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public Hearing to consider a request for an extension in time of a Waiver from the Land Development Regulations to permit certain business activities out-of- doors and to allow overhead work doors to remain open in the Commercial General Zoning (CG) District for Atlantic Powder Coating located at 57 West Plaza. This item was taken out of sequence and acted on earlier in the meeting. B. Contract amendment to agreement for engineering services related to Wastewater TMDL project. City Manager Hanson summarized his staff report, stating staff recommended the best way to proceed on this contract would be to have HDR assign the remaining portions of the work to John Collins Engineering, who would hire Gordon Grimes to work with them. He stated in order to keep these projects moving ahead quickly and to keep the same people involved, staff recommends the assignment agreement be approved. October 26, 2009 REGULAR COMMISSION MEETING Page 8 Motion: Authorize City Manager to sign the assignment agreement between HDR Engineering and J. Collins Engineering Associates LLC. Moved by Borno, Seconded by Parsons Discussion ensued and a vote was taken. Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED C. Change Order No. 1 and 2 to Engineering contract (RFP 07-04) for the City's Final Design for Wastewater and TMDL Compliance Program. Mr. Hanson explained the change orders in his staff report, stating they result in a total net decrease of $8,448 of cost to the City. He recommended approval of both change orders and authorizing the City Manager to execute the change orders on behalf of the City. Motion: Authorize City Manager to execute Change Orders Number One and Number Two with J. Collins Engineering Associates, LLC for a net reduction in price of $8,448.36. Moved by Borno, Seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED D. Agreement with Town Center Agency for placement of items on Public Right- of-Way. Rick Carper explained there are two parts to his staff report. He explained the agreement with the Town Center Agency stating staff recommends the Commission authorize the Mayor to sign that agreement for the City. He further explained the proposal for the Town Center Agency to purchase holiday decorations for the Town Center for the next three years. He stated in order for the plan proposed by the Town Center Agency to be executed the Commission would need to modify the current policy to allow the proposed decorations in addition to the holiday tree. Discussion ensued. Mr. Jensen stated if the Commission authorizes the approval of the agreement proposed, that will cover everything. Motion: Authorize Mayor to sign the attached Agreement on behalf of the City and authorize the City Manager to approve decorations to be purchased by the Town Center Agency and to contract for installation in the Citv Right-of--Way. Moved by Woods, Seconded by Borno Mayor Gulliford recognized Lindley Tolbert in the audience. October 26, 2009 REGULAR COMMISSION MEETING Page 9 Commissioner Borno expressed his appreciation to Rick Carper and Lindley Tolbert for their work on this. City Clerk Bartle clarified that the Commission was voting on the recommendation in its entirety. Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Gulliford stated, in the past when he served as Mayor, the City Managers and the Mayors from Atlantic Beach and Neptune Beach would meet with some of the owners and operators of businesses in Town Center and encouraged this Commission to re-establish regular meetings with the two cities and the Town Center businesses. E. Plaque for statue Commissioner Parsons explained the proposed plaque, stating the cost would be approximately $400, of which the Atlantic Beach Public Arts Commission would pay half. He further suggested putting another plaque on the statue listing the major donors. Motion: Anurove plaque as uresented tonight for the statue "In Search of Atlantis",with the cost to the City not to exceed $250. Moved by Parsons, Seconded by Woods Commissioner Woods suggested combining the Commission plaque with the major donor plaque, instead of having two plaques. Commissioner Fletcher stated he does not care to see his name on the plaque, but would rather see something more generic. Commissioner Borno agreed. Votes: Aye: 2 -Gulliford, Parsons Nay: 3 -Borno, Fletcher, Woods MOTION FAILED Commissioner Parsons stated he would take these suggestions into consideration and bring something back to the Commission and asked the Commission to give their input to the City Manager. City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported David Cameron has been promoted to Lieutenant in the Police Department to replace Lt. Christman, who is retiring. October 26, 2009 REGULAR COMMISSION MEETING Page 10 He further reported on the latest alcohol deployment, stating out of 16 stores only one arrest was made at the Hannah Park Food Store at 501 Mayport Rd. He stated the Kangaroo Gas Station that was previously found guilty of selling to minors on three occasions did not sell on this occasion. He stated the strategic plan quarterly report was attached to the agenda and asked Dale Hatfield to summarize the report. Mr. Hatfield summarized the report and explained several new programs that are starting in the community including youth programs, a business watch program, movies in the park in partnership with Sunrise Community Church, a youth volunteer program, and a continuation of the landlord tenant training. He further stated that as of October 2009 Code Enforcement had 58 open cases in the Mayport Corridor, with 168 violations corrected over the last quarter. Commissioner Parsons complimented Mr. Hatfield on the attendance for the movies. Commissioner Fletcher stated he gets a tremendous amount of positive feedback from people in the community about what Mr. Hatfield has been doing. Commissioner Borno and Mayor Gulliford also complimented Mr. Hatfield on his positive work in the community. Mr. Hatfield thanked them but stated by no means has this been accomplished by a single person, it was a collaboration of every department in the City, every Department Head, and the citizens. He stated this is a community effort; it is not just the City and definitely not just him. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Stated he has completed his evaluation on the City Clerk and will be doing the evaluation on the City Attorney and encouraged the Commission to do the same. • Asked JEA why they are putting up wood poles instead of concrete and received a response, which the City Manager has, if anyone would like to see it. • Was the Grand Marshal for the Race for Fetal Hope last Saturday, which was well attended. • Represented the City at the Nationwide Tour at TPC. Commissioner Woods • Attended the Debuty Dog Park Fund Raiser at Adele Grage. She stated their yard sale generated about $2,500. • Complimented Brian Christy on the landscaping along his fence. Adjournment There being no further discussion, thel ; y ~ de a ee~i~g adjourned at 7:59 p.m. + I ATTE T: ~ ~~~~ Donna L. Bartle, CMC City Clerk . Gulliford, ~1r Officer