07-12-99 vCITY OF ATLANTIC BEACH
COMMISSION MEETING- July 12, 1999
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Special Called Meeting of June 23, and Regular Commission
Meeting of June 28, 1999
2.Courtesy of Floor to Visitors:
3.Unfinished Business from Previous Meeting
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 HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of monthly reports from Building, Code Enforcement,
Occupational License, and Recreation Departments for the month of June 1999 (City
Manager)
B. Accept the bid of Callaway Contracting, Inc. in the amount of $138,381.12 for
Dutton Island Culvert Replacement pursuant to the specifications of Bid No. 9899-27,
and authorize the City Manager to sign the contract documents (City Manager)
5.Committee Reports:
6.Action on Resolutions:
7.Action on Ordinances:
8. Miscellaneous Business:
A. Authorize the expenditure of funds to enter into a contract via the City of
Jacksonville, with ABBA Construction, Inc., in the amount of $64,670.87, for
improvements to Ocean Boulevard from Ahern Street to First Street, in accordance
with Bid Alternate No. 3 of Town Center Bid No. CF-0088-99(Mayor/Commissioner
Borno)
B. Receive status report and set date for City Manager applicant interviews (City
Manager)
C. Discussion and possible action relative to composition of the Cultural Arts Board;
Appointment to fill an unexpired term on the Cultural Arts Board, said term to expire
April 30, 2001 (Mayor)
Page Two AGENDA July 12, 1999
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D. Authorize Mitchell McDaniel to remove trees and install landscaping on public right-
of-way in front of 2400 Seminole Road (City Manager)
E. Authorize the City Manager to negotiate a contract with the R-A-M Professional
Group, Inc., for the final design of the Stormwater Improvement Project (City
Manager)
9.City Manager Reports:
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting,such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record
of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk
prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,July 9,
1999.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
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BEACH CITY COMMISSION HELD IN CITY HALL, 800 E E
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JULY 12, 1999 S S
PRESENT: Suzanne Shaughnessy, Mayor
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: Alan C. Jensen, City Attorney
Maureen King, City Clerk
David Thompson, City Manager M S
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ABSENT: Richard Beaver, City Commissioner T C
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The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The
Invocation was offered by Mayor Shaughnessy followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Special Called Meeting of
June 23, 1999
There being no amendments or corrections, the minutes were filed
as presented.
Approval of the minutes of the Regular Meeting held June 24
1999.
The Mayor requested the following corrections/amendments:
Page 5, Agenda Item 4A: Strike the word"the" in the last line of the
second paragraph following the motion
Page 8, paragraph 4: Strike everything after the words "Mayor
Shaughnessy"and substitute "urged the Commission to support the
collective decision of the deliberative body as a whole and not to
work individually at cross purposes with one another."
Page 12, Agenda Item 8D: Add"Mayor Shaughnessy said that funds
had been spent outside City limits in past years for events which
would benefit Atlantic Beach residents, such as the/fourth of July
fireworks display held at Jacksonville Beach, to which the City
contributed $10,000. This air show is likely to draw a large crowd
of Atlantic Beach residents and is a family oriented event."
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illThere being no further corrections or amendments, the minutes of the
regular meeting of June 28, 1999, were filed as amended.
2. Courtesy of the Floor to Visitors:
The Mayor welcomed members of Beachwatch, who presented signs to the
City. They said they had presented similar signs to Neptune Beach and
hoped the signs would be displayed on the beach at Seventh and Eleventh
Street beach accesses. The Mayor thanked the members of Beachwatch and
commended them for the work they do to keep the beach safe.
The City Manager reported that the Beaches Council for Disabled Persons
had donated a computer to be used at the Donner Community Center. He
also presented a plaque which was given along with the computer, honoring
Rose Blanchard for the dedication she has shown throughout the years to
the Beaches Council for Disabled Persons.
The Mayor presented the plaque to Recreation Director Timmy Johnson and
requested that it be displayed in a prominent place.
J.P. Marchioli, 414 Sherry Drive, commended the City Manager for the
recent striping of Sherry Drive at Atlantic Boulevard which he said has
really improved the traffic flow at that intersection.
Michael Robert, 92 West 3rd Street, inquired whether everyone who is
currently on septic tank rather than city sewer, would get notification to
connect to the public system. He also said he would like to see the
documentation by which the city proposes to charge for sewer service after
ninety days whether or not the residence has been connected to the public
system.
The City Manager advised that everyone who has access to the public sewer
system would be required to connect. The City Manager said he would
provide Mr. Robert with a copy of the City Code relative to charging for
sewer service after ninety days.
Beverly Hadden, 500 Orchid Street, said she, also, had received
notification to connect to the public sewer and said that a previous City
Commission had assured residents that they would not be required to
connect to the sewer unless their septic tanks became inoperable. She noted
that the Florida Statutes provided for a waiver of this requirement and also
said that the cost of connecting to the public sewer would create a financial
hardship for her.
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Steve Donaer, 1276 Main Street, felt that people who were on septic tanks
at the time the sewer lines were installed, should be grandfathered in.
Don Remley, 1309 Violet Street, stated he had received the same letter,
and questioned the legality of the requirement to connect to the sewer
system. He pointed out that he had been issued a permit to build and
operate a septic tank, and he felt that it should still be valid and that he
should not be required to connect to the city system.
In response to the previous comments, the Mayor scheduled a Town
meeting for Monday, July 19, 1999, to address this issue. She requested
that the City Manager and City Attorney attend, and also requested that
minutes of any meetings where verbal agreements were made, be made
available for the July 19, 1999 meeting.
Ms. Hadden inquired whether the 90-day billing requirement would be
extended pending the outcome of the town meeting and the Mayor said the
90-day billing period would not be extended.
Commissioner Meserve said he would be unable to attend the meeting on
July 19, and the Mayor indicated that attendance by the City Commission
was not mandatory.
Commissioner Meserve requested that the City Attorney provide a legal
opinion regarding whether the law has changed in this regard since the sewer
line was installed, and whether past verbal agreements would still be valid.
Commissioner Mitchelson inquired whether there was any evidence that the
septic tanks were adversely affecting the environment. He felt that in the
absence of such evidence, and if there was no State Statute requiring
connection at the time the sewer lines were constructed, the commitments
made by former Commissions should be honored if at all possible.
Dezmond Waters, 1835 Seminole Road, pointed out that there was proof
that such verbal assurances had been given and he asked the City Attorney
whether this was not a bad faith issue, and if a bad faith issue, what recourse
do residents have for the taking of a privilege that was previously granted.
Mayor Shaughnessy indicated that after an extensive review of the matter,
the City Commission would make the best decision they could based on the
law.
3.Unfinished Business From Previous Meeting
None
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4.Consent Agenda:
A. Acknowledge receipt of monthly reports from Building, Code
Enforcement, Occupational License, and Recreation
Departments for the month of June 1999
B. Accept the bid of Callaway Contracting, Inc. in the amount of
138,381.12 for Dutton Island Culvert Replacement pursuant to
the specifications of Bid No. 9899-27, and authorize the City
Manager to sign the contract documents
BORNO X X
MESERVE X X
Motion:Approve Consent Agenda as written MITCHELSON X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
411) There were no Resolutions.
7. Action on Ordinances:
There were no ordinances.
8. Miscellaneous Business
A. Authorize the expenditure of funds to enter into a contract via
the City of Jacksonville, with ABBA Construction, Inc., in the
amount of$64,670.87, for improvements to Ocean Boulevard
from Ahern Street to First Street, in accordance with Bid
Alternate No. 3 of Town Center Bid No. CF-0088-99
BORNO X X
Motion:Accept the recommendation as stated MESERVE X
MITCHELSON X
Commissioner Borno explained that the first time the project was bid, all SHAUGHNESSY X X
bids received were considerably over the budgeted amount and were
subsequently rejected. The project was rebid with a base bid and four bid
alternates. The bid of ABBA Construction, at $578,599.29, was selected
as the best bid meeting specifications for the base bid. Commissioner Borno
explained that Bid Alternate No. 3 was for improvements to Ocean
Boulevard from Ahern Street to First Street, and ABBA had bid $64,670.87
for this work. He said this matter was being brought to the City
Commission to ascertain if they would consider contracting with ABBA for
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this work at the bid price, so that this block could be included in Phase 3 of
the Town Center project. Commissioner Borno explained that it was hoped
additional funds would be contributed by the City of Jacksonville and if
Atlantic Beach was willing to commit an additional $64,670.87, this would
be a show of good faith that Atlantic Beach is willing to participate to get
the project completed.
Commissioner Mitchelson spoke against this expenditure and said that while
it would balance the Neptune Beach side of the project, the Atlantic Beach
commercial area did not extend into the second block off Atlantic Boulevard
as it did in Neptune Beach and this project would primarily "dress up the
edge" of privately owned duplexes and apartment buildings and overflow
parking for the Sea Turtle Inn, which he did not feel was a wise use of
64,000 Atlantic Beach dollars.
Commissioner Meserve felt that while this was a good idea (to improve this
block)he was opposed to unbudgeted items. He said the City Commission
should stick to budgeted items and felt there were other items coming up
before the end of this year which would require all available funds.
Commissioner Bomo felt that the bid prices were good and this would be an
opportunity to clean up this block.
Dezmond Waters, President of the Town Center organization, pointed out
Atlantic Beach has already contributed $130,000 which had been matched
by Neptune Beach; Jacksonville has matched the combined contribution of
Neptune Beach and Atlantic Beach. He said the merchants had also
contributed additional funds. Mr. Waters felt that the block in question was
an unsightly transition between commercial and residential zones. He said
that Mayor Delaney was requesting an additional $400,000 and urged
Atlantic Beach to authorize the expenditure of an additional $64,000, to
finish the entire project.
Mayor Shaughnessy reported that the merchants had been hurt severely over
the nine years of the first two phases of this project. She said Town Center
was hoping to finish the project in Phase 3. The Mayor said a great amount
of dust was caused by parking on the unpaved surface on the second block
of Ocean Boulevard and pointed out that this project would match palm
trees on one side of the road with existing palm trees on the other side of the
road, and would beautify the transition from the commercial area to the
residential area. The Mayor said she felt Jacksonville City Council was more
likely to contribute further funds if it appeared the original partners,
S Jacksonville,Neptune Beach, Atlantic Beach, and the merchants, were still
willing to participate.
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Following a brief review of the drawings submitted by Landscape Architect
Glen Mitchell & Associates, the motion failed on a vote of 2 - 2 with
Commissioners Meserve and Mitchelson voting nay.
Following the vote the Mayor sought the wishes of the City Commission
regarding contributing toward the budget shortfall for this project.
Commissioner Mitchelson suggested that this should be considered and
funds allocated in the budget for fiscal year 1999/2000. However, the
Mayor pointed out that the project would probably be finished by the time
such funds would be available.
B. Receive status report and set date for City Manager applicant
interviews
Following brief discussion, the interviews with City Manager applicants
were scheduled for Saturday, July 24, 1999.
C. Discussion and possible action relative to composition of the
Cultural Arts Board; Appointment to fill an unexpired term on
the Cultural Arts Board, said term to expire April 30, 2001
Mayor Shaughnessy reported that Gary Seabrook, a member of the cultural
Arts Board,travels routinely in connection with his work, and the board has
experienced difficulty in having a quorum present. She said Mr. Seabrook
has expressed an interest in continuing his involvement with the board. The
Mayor reappointed Woody Winfree, a former member of the Cultural Arts
Board,to fill the unexpired term of Mr. Seabrook, and indicated she would
allow Mr. Seabrook to occupy an ex officio position with the board. The
other Commissioners present concurred.
D. Authorize Mitchell McDaniel to remove trees and install
landscaping on public right-of-way in front of 2400 Seminole
Road
Motion: Authorize Mr.McDaniel to remove the trees and BORNO X
install the landscaping on the public right-of-way in front of SHAUGHNESSY X
2400 Seminole Road, with conditions to be set by the
Commission
The City Manager explained that Mr. McDaniel was remodeling the home
at 2400 Seminole Road, including landscaping and beautification of the
right-of-way in front of the home. Mr. McDaniel had appeared before the
Tree Board with this request;however, since Mr. McDaniel did not own the
property, he was directed to bring his request to the City Commission. Mr.
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Thompson explained that the action required would be for the City
Commission to authorize Mr. McDaniel to represent the city (the owner of
the property) before the Tree Board in this matter.
Commissioner Meserve indicated that, after consideration by the Tree
Board, he would like the matter to be brought back to the City
Commission for final approval. The Mayor requested that this
condition be added to the motion.
Commissioner Borno indicated he was not in complete agreement with the
proposal and noted that while trees had been cut away from the power lines,
he did not feel the trees were dying.
The Mayor pointed out that this was just a procedural matter in order to
allow Mr. McDaniel to represent the city in the application to the Tree
Board.
Commissioner Mitchelson said he, also, had inspected the area and had not
noticed trees which appeared to be dying, and disagreed with the applicant's
request that they be allowed to mitigate the removal of the trees by planting
a portion of the hardwoods on their own property.
Mr. McDaniel said he had already been to the Tree Board three times and
was concerned at the delay which would be caused by this procedure;
however he was willing to do whatever the City desired.
At the Mayor's request, Mr. McDaniel agreed he would be available for
Commissioners or Tree Board members who wished to visit the site.
Discussion ensued and the Mayor reiterated that the requirement tonight was
to authorize Mr. McDaniel to take his application to the Tree Board.
Commissioner Meserve felt that Mr. McDaniel had been "caught in a loop"
and suggested that Mr. McDaniel bring a proposed plan to the City
Commission for approval and then go the Tree Board to work out the
mitigation requirements. The Mayor asked the City Attorney for his
opinion regarding the legality of such action and Mr. Jensen responded that
Commissioner Meserve's suggestion was appropriate since the City was
acting as an applicant on City owned property. He said the City was being
asked to join in the application as to the part of the property owned by the
City.
The motion,second,and condition proposed by Commissioner Meserve
411) were then withdrawn.
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Following further discussion, the Mayor called a fifteen minute recess to
allow Commissioners to review Mr. McDaniel's proposed landscape plan.
The Mayor reconvened the meeting at 9:00 p.m.
Motion: Endorse the McDaniel's plan for removal of BORNO X X
hardwood trees from City right-of-way and agree to be a co- MESERVE X X
applicant with Mr. McDaniel as the agent for the owner, Mr. MITCHELSON X
Glover, to the Tree Board, and our recommendation to the
SHAUGHNESSY X
Tree Board be that they mitigate at one half of the usual
requirement in light of the fact that additional hardwoods and
palm trees are being planted in adjacent areas
Commissioner Mitchelson disagreed with the recommendation that the Tree
Board approve mitigation at 50% which he felt would set a bad precedent.
Commissioner Meserve felt that this was a different type of application
inasmuch as there were two owners. Also in consideration of all the
beautification and tree planting which would be undertaken, he felt the
recommendation to the Tree Board was appropriate.
Commissioner Borno pointed out that while the Tree Board may take the
Commission's recommendation into consideration, they have the authority
under the ordinance, to do differently.
Mayor Shaughnessy noted that the property under consideration was
different from the typical Atlantic Beach property, and may require different
treatment since the property was 300 ft. x 800 ft.
The motion carried on a vote of 3 - 1 with Commissioner Mitchelson voting
nay.
E. Authorize the City Manager to negotiate a contract with the R-
A-M Professional Group, Inc., for the final design of the
Stormwater Improvement Project
Motion:Authorize the City Manager to negotiate a BORNO X
contract with the R-A-M Professional Group, Inc., for the final MESERVE X
design of the Stormwater Improvement Project
The City Manager indicated that R-A-M had responded to the questions
raised at a recent workshop. He explained that if the City Commission
wished to continue with R-A-M, the next step in the process would be to
negotiate a contract for the final design for the stormwater project.
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Discussion ensued regarding whether the project would be a design/build
project and it was explained that it was not a design/build unless the City
Commission wished to make it such. The Mayor explained that the
advantage to a design/build project was that it was the only way you are able
to list a dollar amount,not to exceed. She noted other recent projects where
bids had come in over the estimate.
Commissioner Meserve felt the city should explore the options and
suggested that a contract be negotiated with R-A-M for design only, and a
design/build project.
Amendment: Authorize the City Manager to negotiate a MESERVE X
contract, if R-A-M is willing, to either a design and a SHAUGHNESSY X
design/build, and see if they would be willing to bid on the two
entities
Mayor Shaughnessy inquired whether Commissioner Meserve would still
consider negotiating with R-A-M if they were only interested in a contract
for design, and Commissioner Meserve responded that he would not want
to seek a new design firm at this stage. It would be his preference to
negotiate the contract both ways, i.e. for design only and for design/build,
and then the City Commission could take the option they preferred.
The Mayor requested that the contract which is negotiated have the normal
terms and conditions for this type of project used by the city, at least over
the last six years, and include construction engineering and permitting costs,
a 15% contingency, and construction administration.
With reference to a letter dated July 6, 1999, from R-A-M, attached hereto
as Exhibit A, Commissioner Mitchelson asked Mr. Gray whether his
estimate of$9 million for a 5-year level of service, included any construction
contingency, and whether a design/build project had been considered by their
firm. Mr. Gray responded that while a design/build project had been
discussed, his firm had not contacted any contractors in this regard, and
indicated that the$9 million estimate included a 15%contingency. Mr. Gray
pointed out,however, that the price of PVC pipe had increased 30% in the
last few months. Commissioner Mitchelson said he would prefer a
design/build project and hoped R-A-M would be willing to work in that
direction.
The Mayor indicated that she had no faith in cost estimates. She said that
if bids came in at $12 million the City would not build this project. She said
she would bring the matter up for reconsideration if a design/build option
O was not included because she felt the city needed to know up front what the
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cost would be and this was the only way the City could have such control in
a wildly fluctuating market, since the city had a fixed budget.
The Mayor said she still did not feel the R-A-M proposal offered the City
the most efficient plan at the lowest possible cost. She also indicated she
would like City Manager Thompson to have continued coordination with R-
A-M regarding this project. She hoped the plan would use natural features
as much as possible and expressed concern regarding the number of heavily
constructed solutions which seemed to be offered. She said consultants and
knowledgeable citizens had offered very simple, low cost, alternatives and
these types of alternatives were not included in the R-A-M proposal. She
said it would be her intention to set a lower budget than the suggested $9
million.
The Mayor said she wished to confirm that the suggestion which had been
made some time ago, to purchase fifteen properties which are subject to
flooding, was off the table. She felt this would cost approximately $3
million. Remove the homes and provide some retention area, use the parks
for dry detention, and make use of the natural features of the land. She felt
this would be a much simpler solution and could probably be accomplished
for$6.5 -$7 million. She said the R-A-M proposal was too expensive and
too constructed.
Commissioner Borno felt the simpler solutions should be evaluated, and he
did not feel this option was off the table.
Commissioner Meserve said he was in favor of innovative ideas but did not
feel that residents would be willing to sell their properties.
Commissioner Mitchelson noted that the motion on the floor did not tell R-
A-M how to design the project. He pointed out that R-A-M had indicated
that they could assist the City in finding a 5-year level of service within the
city's budget and he felt it should be their task to provide the means to do
so.
Alan Potter, 374 2nd Street, said he was opposed to contracting with the
R-A-M group for any additional services for the Atlantic Beach drainage
project. He said the city should terminate its association with the R-A-M
group. He suggested the city consult with the firm ranked second, and if
necessary the third firm according to the rankings from the December 1998
interviews.
Mr. Potter noted that the request for proposals issued by the City, did not
request a design/build proposal and he felt the City could not legally change
the project to a design/build without reissuing the RFP.
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J.P. Marchioli, 414 Sherry Drive, said he agreed with the Mayor's
comments and also agreed with Mr. Potter's comments regarding the RFP.
He read an excerpt from Addendum No. 1 of the RFP: "Both of the above
RFP's refer to three phases of design: Upstream Management, Core City
Utility Improvements, and Tailwater Control. It is the City's intent to have
one engineering firm design the Core City Utility Improvements and
Tailwater Control. The Upstream Management design will be performed by
the City."
Stephen Kuti, 1132 Linkside Drive, said he, also, agreed with the Mayor's
comments. He felt the City was no further along today than when the work
with England, Thims&Miller was finished. He said that six months ago the
city requested that RAM submit their data used to calculate the number of
cubic feet of water to be moved. He said no data had been submitted and
he no longer has any confidence in R-A-M.
Joseph Posch, 142 Magnolia Street, read and submitted a letter dated July
12, 1999, into the record. A copy of Mr. Posch's letter is attached hereto
as Exhibit B.
Mayor Shaughnessy noted that Messrs. Potter, Marchioli and Kuti had
encouraged the City Commission to seek assistance from a firm other than
R-A-M. She said she received a letter that day from the Department of
Environmental Protection, which may eliminate that option. She read an
excerpt from the letter, as follows: "A resident of Atlantic Beach has
expressed written concern to this office that the city is not proceeding very
quickly in solving its sewer and stormwater problems. It has also been
brought to our attention that the City may soon be requesting another
extension to the Consent Order." She said the DEP indicated they were not
inclined to grant a further extension, and in that case the City does not have
the time to bring another firm up to speed, or issue another RFP as might be
suggested for the design/build.
Don Phillips, 1566 Park Terrace West, said he also, was disappointed in R-
A-M. He felt they had come up with no solutions the City could afford. He
said,of the six tasks in the RFP, R-A-M's response to only No. 3 could be
considered adequate. He said he was not comfortable with this firm and
pointed out that the Stormwater Review Committee had voted to terminate
the R-A-M contract.
The Mayor then asked the City Attorney for his opinion regarding whether
switching to a design/build would be a radical change from the RFP. The
City Attorney responded that he would have to check the Statute and the
RFP and he agreed to do so and respond to the City Manager by 4:00 p.m.
the following day.
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The question was then called by Commissioner Meserve, seconded by
Commissioner Mitchelson,and failed on a vote of 2 - 2 with the Mayor
and Commissioner Borno casting dissenting votes.
The Mayor then recognized Alan Potter who wished to address the City
Commission regarding the Consent Order. Mr. Potter pointed out that the
Consent Order only pertained to sewer overflows and he said the sewer lines
could be smoke tested, areas of infiltration could easily be identified, and
manholes sealed or raised to correct the problem. He felt the problem could
be solved in ninety days, and the Mayor requested that Mr. Potter meet the
following day and discuss this matter with the City Manager.
The Mayor then explained the amendment should be voted on first, which
she felt would be conditional on the findings of the City Attorney that it
would be allowable.
Commissioner Borno then withdrew the original motion to authorize
the City Manager to negotiate a contract with the R-A-M Professional
Group, Inc., for the final design of the Stormwater Improvement
Project.
Following brief discussion Commissioner Meserve offered the following
motion:
Motion:Authorize the City Manager to negotiate a contract with BORNO X
the R-A-M Professional Group and request that he negotiate for both MESERVE X X
a design for the Capital Improvement Project and a design/build for MITCHELSON X X
same, pending the opinion of the City Attorney, and bring those
SHAUGHNESSY X
negotiations back to the City Commission
There was no discussion and the motion failed on a vote of 2 - 2 with the
Mayor and Commissioner Borno voting nay.
9. City Manager Reports and/or Correspondence:
reported that George Worley is getting the maps and overlays which
had been requested by the City commission
reported that a tentative millage would have to be set before the end
of July and this would be included on the agenda on July 26, 1999.
10. Reports and/or Requests From City Commissioners and City
Attorney
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0 Commissioner Borno
inquired whether the City had received a copy of the latest technical
report of the Northeast Florida Regional Planning council. City
Manager Thompson indicated that he had up to date data including
surge maps and evacuation plans.
Commissioner Mitchelson
said that in view of the vote on the issue of the R-A-M contract, he
was unsure where the matter of changing the capital improvements
to a design/build project stood. He requested that the City Attorney
respond to this issue since he felt this question would come up again.
The Mayor concurred.
Mayor Shaughnessy
thanked Recreation Director, Timmy Johnson, for the very complete
reports he has been submitting regarding parks and recreation
activities
requested that the City Attorney prepare what he could for the Town
Meeting, specifically whether he felt that Home Rule would prevail
in regards to the requirement to connect to the public system, and
the septic/sewer issue, and any legal citations or opinions which
may have been issued indicating that Home Rule allows the City to
exempt itself from the State Law.
announced the Town Center ground breaking would be held on
Wednesday, July 14, 1999, at 11:00 a.m.
reported that the Northeast Florida Regional Planning Council
RPC)needed someone from the beaches area to serve on the RPC
and requested that Commissioners submit nominations by the next
meeting. The nominations must be submitted by the end of July to
Ginger Soud who serves as President of the RPC and who will make
the appointment.
reported the Cultural Arts Board had requested permission to
display the works of local artists in City Hall reception area and
possibly in the Commission Chambers. Jan McCauley, an interior
decorator has volunteered to work with the Cultural Arts Board in
this regard. No one voiced any objections.
reported a Town Center fund raising meeting had been held earlier
that day.
0
M S
O E
Minutes - Page 14 T C
July 12, 1999
I N Y
O N E N
COMMISSIONERS N D S 0
There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:25 p.m.
Suzanne Shaughness
Mayor/Presiding Offi -r
ATTEST:
A.... -"..,_.
Maureen King
Certified Municipal •
0
Exhibit A
Minutes - July 12, 1999
AGENDA ITEM NO: 8 E
DATE: /7--/7-- -9 q
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: CONTRACT FOR REDESIGN OF STORMWATER AND UTILITY
PROJECT
SUBMITTED BY: Robert S. Kosoy,P.E./Director of Public Works -44
DATE: July 7, 1999
BACKGROUND: After the City's Stormwater Master Plan was completed in 1995,the City
contracted with England,Thims&Miller, Inc. to, among other tasks, design a stormwater collection
system for the Core City. This design was completed in January, 1998. Due to a strong interest among
the citizens regarding environmental impact of the project,the City decided to modify the design. In
addition,the City decided to include design of structures for tailwater control.
On December 13, 1998,the City Commission approved a contract with The R-A-M Professional Group,
Inc. (R-A-M)for a Preliminary Design Report. This report was completed on March 17, 1999. On
April 12, 1999,the City Commission directed R-A-M to revise the report to indicate what level of
service could be provided within our budget limit of$9 million. The revised report was delivered on
May 7, 1999. This report was reviewed by the Stormwater Review Committee(SRC)on May 18,
1999, and a Public Workshop was held with the City Commission and City staff to review the report on
June 2, 1999. Additional questions were generated during the SRC meeting and the Public Workshop.
At the June 14, 1999 City Commission meeting, staff reported that R-A-M would be responding to
questions from the City Commission as summarized on June 8, 1999 by City Manager, David
Thompson.
We received a report from R-A-M on July 6, 1999, and believe the questions have been adequately
addressed. Several of the questions will be answered in more detail during the final design of the
project.
RECOMMENDATION: Authorize staff to negotiate a contract with The R-A-M Professional Group,
Inc. for the final design of the Stormwater Project.
ATTACHMENTS: 1.Letter from R-A-M dated July 6, 1999,responding to City Manager's
discussion and questions of June 8, 1999.
REVIEWED BY CITY MANAGER:1- 5,---
IIII
Sent By:. The RAM Professio;904 731 5465; Jul-7-99 11 :52; Page 1
eivIiIIMMOIMMINow
y T HE R-A-M PROFESSIONAL GROUP, INC.
III ENGINEERING - PLANNING - ENVIRONMENTAL...SCONSULTANTS
July 6, 1999
Post-it'Fax Note 7671 Date P of s
717'
O p )(0.c4wc4 c/a,
From
Co/Dept
6
Co
Mr. Robert S. Kosoy, P.E. Phono it Phone X
Director of Public Works F;w e
z,i 7— -Y 3 Fax
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
Re: Core City Stormwater and Utilities Improvements
Response to Staff Report from City Manager David Thompson
R-A-M Project No. 198-021-05
Dear Bob:
Per your request, attached are our responses to the June 9, 1999 staff report
forwarded to us from City Manager David Thompson:
1. Concerns for Sherman Creek reconnection:
IIIReconnection of the drainage system to Sherman Creek is not going to be
an easy task and there are going to be problems, but these problems in
our opinion do not make the concept of reconnection impractical. As
stated, the aerial photos we used were not up to date but the concept
should still work if we can get permission to cross the Fleet Landing
property. The reason for illustrating the proposed route is to show that we
need to be able to cross the Fleet Landing property at some point.
It is agreed that there are questions regarding feasibility and additional
modeling will be needed. In order to provide the additional modeling,
additional surveying and updated aerial photography will be needed_
Itmay be feasible to drain to the Fleet Landing Lake but a much larger
connection to the Selva Marina Lagoon would need to be constructed and
the overflow structure would need to be modified to allow flow to
discharge into Sherman Creek on the north side of Fleet Landing.
2. Use Howell Park and Johansen Park on a limited basis for overflow.
Using Howell Park and Preben Johansen Park as routes for transporting
the flood water through or allowing water to overflow into the park will
4655 Salisbury Road, Suite 210 - Jacksonville , Florida 32256
904) 296-4440 - FAX (904) 296 -4580
Sent By: The RAM Professio;904 731 5465; Jul-7-99 11 :52; Page 2
Mr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
R-A-M Project No. 198-021-05
July 6, 1999 Page 2
certainly help to increase the level of service and also decrease the cost
of piping stormwater around these areas. Preben Johansen Park is
already being used in this way by increasing the size of the existing
conveyance ditch (see R-A-M PDR page III-2). Howell Park could be
used in a similar manner, but to accomplish this, the ditch in Howell Park
would need to be cleaned out and widened in some areas.
The problem of directing water into Howell Park is more difficult than for
Preben Johansen Park since the tree cover is very thick on the east side
of Howell Park. One route which has been examined is along the south
property line of the elementary school. Stormwater from Ahern, First,
Second and Third Streets could be routed along Sherry Drive then west
through the south parking area of the elementary school over to Sea
Spray Avenue then north along Pine Street and into the Howell Park ditch.
Routing the stormwater in this manner could significantly reduce the
expense for the Howell Park connection although a bypass connection to
Plaza will still be required.
3. Do we need automated flap gates or would manually operated tidal gates
be more efficient use of funds?
Automated flap gates or control valves are not necessary for proper
operation of the proposed stormwater system. Manually operated
controls are sufficient for making changes to the normal operation
although automated monitoring of the water levels in the system may be
warranted for providing water level status during a storm event and also to
provide historic documentation of water levels across the system.
4.The issue of using an inverted crown type of roadway section for the
streets in the core city area has been examined and our recommendation
is not to use this section for the majority of the core city streets_
The inverted crown was considered because the concept of installing the
trench for the stormwater piping in the middle of the road was thought to
be possibly less damaging to the trees in the core city area, but there are
other considerations which must be taken into account which include the
following:
The existing street typical section has the high point generally in
the middle of the street and to construct an inverted crown section
Sent By: The RAM Professio;904 731 5465; Jul-7-99 11 :53; Page 3/5
Mr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
R-A-M Project No. 198-021-05
July 6, 1999 Page 3
would require the low point to be in the middle of the street and that
would require a significant amount of roadway subgrade
reconstruction to have the proper structural support for the
roadway.
The ETM design included regrading the roadway profile along the
streets in the core city area to achieve a more uniform roadway
profile, which was going to require complete rebuilding of the
streets and damage to most of the trees. The R-A-M concept is to
minimize changing the roadway profiles and therefore reduce
damage to trees and also reduce costs. In order to properly design
the inverted crown roadway the profile would need to be regraded
in some areas and therefore costs would be increased for these
areas.
The heavy tree canopy in the core city area is also a major reason
4111 for not using the inverted crown section. The inlets for an inverted
crown section are located in the center of the roadway and for
safety reasons cannot have a large opening at the inlet to allow for
passage of leaves and debris which normally will clog up a grate-
type inlet. Inverted crowns were never considered as the major
type of typical section for the core city area but originally they were
considered for some streets. Using this type of cross section will
still be considered during design of the individual streets, but not for
the streets which have the large tree canopy at the low end of the
street where the stormwater is collecting. The critical aspect of a
stormwater design is resolving and addressing known problems
and flooding of the streets in these areas. Therefore every
consideration must be addressed to assure that the design
resolves the problem of flooding in the low areas just east of Sherry
Drive which also has a large tree canopy. Use of inverted crowns
in these areas has significant potential for creating more problems,
no matter what maintenance efforts are made, rather than resolving
the problems and therefore we do not recommend using inverted
crowns in these areas. However, we will work with the City's
arborist, Mr. Early Piety, on a street-by-street basis.
5. and 6. Exfiilfrafion
Adding exfiltration does not eliminate the need for the Howell Park bypass
but adding exfiltration along with using Howell Park for overflow could
Sent By: The RAM Professio;904 731 5465; Jul-7-99 11 :54; Page 4/5
Mr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
R-A-M Project No. 198-021-05
July 6, 1999 Page 4
significantly reduce the expense of the Howell Park bypass. Using both
the options along with the Sherman Creek connection can achieve the 5-
year LOS. Exfiltration would be a good candidate for phasing in at a
future date since it is really not connected directly into the rest of the
stormwater system.
7. One-Way Streets for the Core City Area
The use of one-way streets could significantly reduce the roadway costs
since the roadway pavement, base, and subgrade could be narrower and
less impervious surface could potentially reduce the size of stormwater
pipes. This would not make a difference in the overall cost of the
drainage system, since there would still not be sufficient room along the
roadway to use swales for transporting the stormwater as was described
in the R-A-M PDR (Page IV-3).
8. Using Bypass or Overflow Pipes at the Existing Culverts
R-A-M included costs for replacing the entire existing culverts at Plaza,
11th, and the Country Club Bridge but the possibility of using bypasses for
overflow pipes will be analyzed. The reason for replacing the existing
structure completely was to remove the restrictions which these smaller
existing structures represent hydraulically. Installing a bypass or overflow
does not remove the restriction completely. However, adding to the
structure(s) may be a possibility, and during the detailed design phase, an
evaluation will be made as to whether the benefit is worth the expense for
each structure.
9. Using an arborist rather than a landscape architect
The R-A-M PDR (Page V-4) recommends the use of an arborist, urban
forester, or qualified tree specialist to implement recommendations made.
It is R-A-M's preference to place the City's chosen arborist, Mr. Early
Piety, under our contract to assist the team during the next phase of final
design and then as an inspector during the construction phase. Our
assigned landscape architect will also be engaged within the next phase
to assist on matters within his purview.
As discussed with City staff, it is our recommendation to commence the design
portion of the effort, with the above scope-refinement being the basis of the final design
proposal_ We believe that achieving a 5-year LOS for $9 0 million (including
construction, engineering, and permitting) can be accomplished.
Sent By: The RAM Professio;904 731 5465; Jul-7-99 11 :54; Page 5/5
faMr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
R-A-M Project No. 198-021-05
July 6, 1999 Page 5
If you have any questions, please advise.
Best personal regards,
THE R-A-M PROFESSIONAL GROUP, INC.
Frank E. Gray, Jr., P.E.
Principal and Director of Engineering
FEG'Imj
1111
Exhibit B
Minutes - July 12, 1999
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