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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 Ill 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. 40 V v MINUTES OF THE REGULAR MEETING OF THE ATLANTIC O O T T 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 O E ABSENT: Richard Beaver, City Commissioner T C I O Y ONEN COMMISSIONERS N D S 0 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." M S O E T C Minutes - Page 2 I o Y July 12, 1999 ONE N COMMISSIONERS N D S 0 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. M S O E T C Minutes - Page 3 i 0 Y July 12, 1999 0 N E N . COMMISSIONERS N D S 0 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 M S O E T C Minutes - Page 4 i o Y July 12, 1999 ONE N COMMISSIONERS N D S 0 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 M S O E Minutes - Page 5 T C July 12, 1999 1 o Y N COMMISSIONERS N D S 0 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. M S O E Minutes - Page 6 T C 0 July 12, 1999 I N Y O N E N COMMISSIONERS N D S 0 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. M S O E Minutes - Page 7 T C July 12, 1999 i ON Y N E N COMMISSIONERS N D S 0 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. M S O E Minutes - Page 8 T C July 12, 1999 I N Y O N E N COMMISSIONERS N D S 0 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. 0 M S O E Minutes - Page 9 T C July 12, 1999 i o Y ONE N COMMISSIONERS N D S 0 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 M S O E Minutes - Page 10 T C July 12, 1999 I O Y O NE N COMMISSIONERS N D S 0 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. M S O E Minutes - Page 11 T C July 12, 1999 1 Y O NENE N COMMISSIONERS N D S 0 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. M S O E Minutes - Page 12 T C Jul 12 1999 i N Y y , 0 • N E N COMMISSIONERS N D S 0 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 0 M S O E Minutes -Page 13 T C July 12, 1999 I o Y ONEN COMMISSIONERS N D S 0 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. 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