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08-09-99 v4 AY CITY OF ATLANTIC BEACH COMMISSION MEETING- August 9, 1999 AGENDA 111 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of July 26, 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 II A. Acknowledge receipt of monthly reports from Code Enforcement, Occupational License, and Recreation Departments (City Manager) B. Extend contract with Viaplex Metal Fabrication for welding troubleshooting and repair for a period of one year, pursuant to the specifications of Bid No. 9798-28 City Manager) C. Extend contract with Atlas Electric Motors, Inc., for electrical pump and motor repairs, pursuant to the specifications of Bid No. 9697-17 (City Manager) D. Extend contract with Calciquest, Inc., to supply Orthophosphate for the Buccaneer Water Treatment Plant, pursuant to the specifications of Bid No. 9798-39 (City Manager) E. Extend contract with Gruhn May, Inc., for point repairs for a period of one year, pursuant to the specifications of Bid No. 9697-29 (City Manager) F. Award a contract to Weather Engineers, Inc., for the base bid to replace two air conditioner heat pumps at City Hall in the amount of $16,591, and for the bid alternate to replace three air handler/heaters at the Public Safety Building in the amount of$9,041,pursuant to the specifications of Bid No. 9899-30 (City Manager) 5. Committee Reports: A. Report and recommendation of the Recreation Advisory Board regarding proposed Bull Park Improvements; possible Commission action (Mayor) 0 6. Action on Resolutions: r Page Two AGENDA August 9, 1999 1111 7. Action on Ordinances: 8. Miscellaneous Business: A. Don Wolfson to report to the City Commission regarding his research on the proposed flyover at the intersection of Mayport Road and Atlantic Boulevard; possible Commission action (Mayor) B. Authorize the City Manager to negotiate a contract for design of the stormwater improvements (City Manager) C. Discussion and related action regarding the requirement for mandatory sewer hook- up (Comm. Mitchelson/Mayor) D. Declare fire trucks as surplus property and authorize staff to negotiate a contract with Hall-Mark for the sale of such surplus property (City Manager) E. Selection of new City Manager (City Commission) F. Action on a request of Ragtime Tavern for permission to use a portion of the sidewalk at 207 Atlantic Boulevard for cafe style seating (City Manager) G. Action on a request for a Use-by-Exception filed by Ragtime Tavern to waive the 1110 parking requirements for 32 additional restaurant seats (City Manager) H. Discussion and possible action regarding the homelessness in Atlantic Beach Commissioner Meserve) 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 lospecial accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,August 6, 1999. V V 0 0 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T T BEACH CITY COMMISSION HELD IN CITY HALL, 800 E E SEMINOLE ROAD,AT 7:15 PM ON MONDAY, AUGUST 9, 1999 S S 0 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners AND: Maureen King, City Clerk Alan C. Jensen, City Attorney M S David Thompson, City Manager T E T C I 0 Y The meeting was called to order by Mayor Pro Tern Meserve at 7:20 p.m.ONE N The Invocation was offered by Mayor Pro Tem Meserve followed by the COMMISSIONERS N D S 0 Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held July 26, 1999 The Mayor asked for corrections or amendments to the minutes, and there were none. The minutes of the Regular Meeting held July 26, 1999 were unanimously approved as presented. Commissioner Mitchelson pointed out a scrivener's error on page -7- of minutes and requested that the voting record be placed next to the motion. Mayor Shaughnessy entered the meeting at this time. 2. Courtesy of the Floor to Visitors: J.P. Marchioli of 414 Sherry Drive complimented the city for the striping at the intersection of Sherry Drive and Atlantic Boulevard. 3. Unfinished Business From Previous Meeting There was no unfinished business. 4. Consent Agenda: Mayor Shaughnessy inquired if any Commissioner wished to remove an Item from the Consent Agenda. No one wished to remove an item from the agenda for discussion. A. Acknowledge receipt of Monthly Reports from Code 0 Enforcement, Occupational Licenses and Recreation Departments (City Manager) M S Minutes Page -2- 0 E August 9, 1999 1 C Y ONE N 0 COMMISSIONERS N D S 0 B. Extend Contract With Viaplex metal Fabrication for Welding Troubleshooting and Repairs for a Period of One Year, Pursuant to the Specifications of Bid No. 9797-28 (City Manager) C. Extend Contract with Atlas Motors, Inc. for Electrical Pump and Motor Repairs, Pursuant to the Specifications of Bid 9697-17 (City Manager) D. Extend Contract With Calciquest, Inc. to Supply Orthophosphate for the Buccaneer Water Treatment Plant, Pursuant to the Specifications of Bid No. 9798-39 (City Manager) E. Extend Contract With Gruhn May, Inc. for Point Repairs for a Period of One Year, Pursuant to the Specifications of Bid No. 9697-29 (City Manager) F. Award a Contract to Weather Engineers, Inc. for the Base Bid to Replace Two Air Conditioner Heat Pumps at City Hall in the Amount of$16,591.00 and for the Bid Alternate to Replace Three Air Handler/Heaters at the Public Safety Building in the Amount of$9,041.00, Pursuant to the Specifications of Bid No. 9899-30 (City Manager) BEAVER X BORNO X X Motion: Approve Consent Agenda Items A - F as RESERVE X recommended. MITCHELSON X X SHAUGHNESSY X There was no discussion and the motion carried unanimously. 5.Committee Reports: A. Report and Recommendation of the Recreation Advisory Board Regarding Proposed Bull Park Improvements; Possible Commission Action (Mayor) The report submitted by the Recreation Advisory Board was accepted by the Commission. DeJean Melancon, Chairman of the Parks and Recreation Advisory Board, recapped the key points of the recommendations of the Board relative to adjustments to the bid specifications for the Bull Park improvements. Mr. Melancon indicated that the Board focused on five 0 areas and the budget reductions were estimated to be $92,344.00, which would have to be validated by the selected contractor. The recommendations of the Board are attached and made part of this official M S Minutes Page -3- T E T C August 9, 1999 I o Y ONE N 0COMMISSIONERS N D S 0 record as Attachment A. BEAVER X X Motion: Revise the bid packet as recommended by the BORNO X Recreation Advisory Board and rebid the Bull Park ME SERVE X Improvements.MITCHELSON X X SHAUGHNESSY X Commissioner Mitchelson believed a dollar figure could not be placed on the items and felt that the bid packet should be modified first and the project rebid to see if the recommendations were valid. He felt the dollar figure for the project should be authorized after receipt of the bids. Commissioner Beaver suggested that the city might be able to get assistance from the City of Jacksonville for playground equipment and concurred with the rebidding of the project. He felt staff should have more time to research if other funds are available. Commissioner Borno recommended that a copy of the current set of plans be used to mark the changes recommended by the Recreation Advisory Board. Commissioner Meserve stated that he previously voted against the project as being outside the budgeted figure for the park, and suggested that it be considered in the 2000 budget process to see if the entire project could be completed, or part of it, as designed. He further stated that the Recreation Advisory Board's recommendation to replace the wooden playground equipment in the current bid package with a steel and aluminum structure, was a concern considering the previous opposition to metal/plastic playground equipment for the park. Stephen Kuti of 1132 Linkside Drive concurred with Commissioner Meserve and felt the Commission should delay the Bull Park project until completion of the core city drainage project. Mr. Kuti felt that shade and small children's playground equipment were needed in the park and suggested that input from area parents be sought to see what they would like in the park. Mayor Shaughnessy felt the project should not be delayed because placing it in the 2000 budget would place the project in its sixth year, which was too long. She stated crushed oyster shell was being used for walkways in the Intracoastal Waterway Park (Tresca Park) and suggested consideration of its use in Bull Park as an alternative to concrete. Mayor Shaughnessy 0 further stated she would like a joint review of the revised plans with the Commission and Recreation Advisory Board to establish definitive cost savings ideas before putting it out for rebid. M S O E T C Minutes Page -4- I 0 Y ONE N August 9, 1999 COMMISSIONERS N D S 0 Mayor Shaughnessy indicated she had received a video of a community built wooden playground if anyone was interested in considering this option for Bull Park. She further stated that the playground areas in Deerwood and St. Augustine were the closest examples of community built parks that she knew of. There being no further discussion, the motion carried by a three to two vote with Commissioners Borno and Meserve casting dissenting votes. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: There was no action on Ordinances. 8. Miscellaneous Business A. Don Wolfson to Report to the Commission Regarding his Research on the Proposed Flyover at the Intersection of Mayport Road and Atlantic Boulevard; Possible Commission Action (Mayor) Mayor Shaughnessy announced that Mr. Wolfson was returning from vacation today and his report would be deferred until his arrival. (The report was given after Item 8B.) B. Authorize the City Manager to Negotiate a Contract for Design of the Stormwater Improvements (City Manager) Motion: Authorize the City Manager to negotiate a contract for MESERVE X design of the stormwater improvements with the R-A-M Group. MITCHELSON X City Manager Thompson explained that during the July 13, 1999 Commission Meeting, the Commission decided not to continue further negotiations with R-A-M, however, unless R-A-M provided a letter releasing the city from further obligations under their existing contract, the city could not negotiate with the next firm, Aikenhead and Odom,Inc. City Manager Thompson further explained that the city had received the release letter from R-A-M, and that the firm of Aikenhead and Odom, Inc. were 0 interested in working with the city to design the stormwater project. City Manager Thompson indicated it was recommended that the Commission authorize the City Manager to negotiate a contract with Aikenhead and M S O E Minutes Page -5- 1 o Y August 9, 1999 ONE N COMMISSIONERS N D S 0 4110 Odom, Inc. for design of the stormwater improvements. Commissioner Mitchelson indicated that the letter was provided by R-A-M as a courtesy and that firm was still interested. He noted that the vote on July 13, 1999 was 2 - 2, and he personally had confidence in R-A-M to complete the project. He expressed concern for the time delay in bringing in a new firm. Commissioner Meserve concurred with Commissioner Mitchelson and stated that $1 million dollars had already been spent for design and he believed the city should negotiate with R-A-M and move forward with the project. He also felt it would be like turning back the clock to bring in another firm. Mayor Shaughnessy commented that the work from the previous engineers could be used by another engineer and would not be wasted. Mayor Shaughnessy then called for public comments. J.P. Marchioli of 414 Sherry Drive, as a former member of the Stormwater Review Committee (SRC), disagreed with the motion on the floor and stated that the SRC had voted to terminate the services of R-A-M, and he was 100% against the company. He felt the city should go with a company they could have confidence in, who would be placed under the guidance of City Manager Thompson and Alan Potter. Alan Potter of 374 Second Street stated he opposed the selection of R-A-M from the beginning. He felt the company did not follow the RFP and went off in its own direction, resulting in an over-priced project. He believed that R-A-M was not working in the best interest of the city. He further indicated that the company had never been involved in a project of this magnitude, and the city had received nothing for the money spent. He urged the Commission to go with Aikenhead and Odom, a company with a proven track record, and to spend the city's money wisely. Stephen Kuti of 1132 Linkside Drive agreed with the previous speakers' comments and hoped the Commission would reconsider and go with the staff recommendation. Dezmond Waters of 1835 Seminole noted the project was millions of dollars over budget and would not perform as required. He also concurred 411 with the staff recommendation. Sally Clemens of 1638 Park Terrace West thought the city's dealings with R-A-M had been terminated, and felt the city should receive M S O E Minutes Page -6- t o Y August 9, 1999 ONE N COMMISSIONERS N D S 0 0 engineering information from the qualified citizens who served on the SRC. Don Phillips of 1566 Park Terrace West felt the recommendations of the SRC were being ignored. He stated that he had been in engineering for thirty-five years with the Army Corps of Engineers, and it was his experience that careful attention should be paid when selecting and negotiating with a firm. He further stated that the SRC had not recommended R-A-M, and, although R-A-M was good at sales, he felt R-A-M had sold the city a worthless product. He felt the Army Corps of Engineers would design the project and see it through to construction for much less than R-A-M, and suggested the city contact Jim Moon of the Army Corps of Engineers. Sylvia Simmons of 211 Beach Avenue, stated she had spoken to several people who were appalled that the city was considering starting over. She felt that the Commission and R-A-M had a good workshop two months ago where cost cutting ideas were generated to improve the plans. Mrs. Simmons felt hiring another firm was not the direction the city should be taking. She also stated that she had heard the city was gaining a negative reputation with engineering firms and they were shying away from the city. She felt the city needed to move on. Commissioner Beaver indicated he had several concerns and did not want to go backwards. He stated that he was sorry he missed the July 12, 1999 meeting for the vote. He further stated that he had spoken to with Frank Gray of R-A-M, who expressed concern that R-A-M was aware of the direction the city was taking and had taken on other commitments. He related that Wayne Reed had written the release letter as a courtesy to the city. Commissioner Beaver stated that he had left the workshop feeling positive about R-A-M and inquired as to what had changed everyone's minds since then. He then asked the City Manager and/or Public Works Director if they had lost confidence in R-A-M. City Manager Thompson stated that the staff report of four weeks ago recommended that the city proceed with R-A-M and that was the motion that failed to pass. He stated that personally he had lost confidence with R-A-M and did not believe the company could get the city going in the right direction at a correct price. Commissioner Beaver stated he had spoken to Mr. Aikenhead and asked 410 him if he could move forward with the project in a timely manner using the current information and if he would speak to the Commission in a straight forward manner as to what they could or could not do. He indicated that Mr. Aikenhead responded in the affirmative to all of the questions. M S 0 E Minutes Page -7- I o Y August 9, 1999 ONEN COMMISSIONERS N D S 0 0 Commissioner Beaver stated he was tired of addressing this issue since it already should be under construction. He indicated that a lot of time and money had been spent on ideas and he wanted the project to move forward as quickly as possible. Commissioner Borno felt that things happen for a reason. He felt that after the July 12th tie vote and things were at a stalemate, staff stepped forward with new knowledge and ideas, met with Mr. Potter and were now working to comply with the consent order,with the anticipation to complete the work by the end of December. He then requested that Public Works Director Kosoy confirm his comments. Public Works Director Kosoy stated that the consent order required that the city initiate construction by the end of the year. He indicated the work would be initiated, but not completed on the sanitary sewers by the end of the year. Public Works Director Kosoy indicated that "trenchless technology" would be used to avoid digging up the city streets. Commissioner Borno stated there were sixteen well known areas prone to flooding in the city which should be addressed by the project. He felt the city had been put in a"box"by looking only at the core city. He felt that it had been a learning process with the SRC and it was now realized that a good portion of the problem was moving large amounts of water out of the city, and this should be revisited. He stated he had lost confidence prior to the July 12th meeting in R-A-M's ability to accomplish this task. Commissioner Borno felt the real issue was to get the problem fixed, not what R-A-M could do. He felt the city should move toward that goal. Commissioner Meserve believed staff had been put in a tough situation by the two-two tie vote on July 12th,since now the only recommendation that staff could make was to select the next available design firm. He felt the city owed R-A-M the opportunity to negotiate a contract with the city. Commissioner Meserve recognized that the negotiations would be impacted by the confidence issues previously mentioned, but felt they should be brought to the table as part of the negotiations. Commissioner Meserve believed the city should move on to the next firm only if a contract could not be negotiated with R-A-M. Commissioner Meserve also expressed concern for the delays caused by staring over with another firm. Commissioner Mitchelson stated that his motion was made based on a 0 conversation he had with the City Manager relative to R-A-M, and asked the CityManager to clarify his position relative to the company. City Manager Thompson indicated he was disappointed by the lack of M S O E Minutes Page -8- i o Y August 9, 1999 ONE N COMMISSIONERS N D S 0 411111 innovation shown by R-A-M. He felt that several parts of their proposed plan would not work as presented, and he felt the cost for the project was extremely high. He also felt that R-A-M's responses to written questions often lacked depth or research. City Manager Thompson felt they did have staff with the expertise to do the work, but it would require considerable monitoring for the most cost effective design. City Manager Thompson realized that staff, the SRC and the Commission had given R-A-M certain parameters to work within,some of which were very expensive,and that the scope of their task covered a much broader area than that being suggested by Commissioner Borno. Commissioner Mitchelson believed it was a fairness issue for R-A-M and they should be allowed the opportunity to address the same issues rather than change the rules with a restricted list for the new firm. Mayor Shaughnessy stated that she did not view this as starting over. She stated that she had lost confidence in R-A-M for several reasons which included non-deliverance on the project approach; expensive, constructive solutions rather than natural solutions; failure to report on time, lack of innovation and an over-built, over budget $14 million project. The Mayor 0 expressed concern for escalating costs and stated that she had no confidence the bids would be close to their estimates, not because of R-A-M, but because overages have been experienced on several recent projects. Mayor Shaughnessy also remarked concerning the comment that engineering firms were shying away from Atlantic Beach and stated that the firm of Aikenhead and Odom was not backing away. She felt that the data collection, modeling and estimates could be used by the next firm and the scope of the project approach would be greatly reduced. The Mayor reported that she had spoken with Frank Marshall and he had indicated his willingness to work with Aikenhead and Odom relative to modeling. The Mayor then introduced Neil Aikenhead who stated he would be happy to work with the City of Atlantic Beach if chosen to do so. Mr. Aikenhead stated that he had worked with Mike Schmidt and Alan Potter in the past and the City of Atlantic Beach was fortunate to have such a high level of expertise among its citizens. Commissioner Meserve believed confidence was important in dealing with 0 a project of this magnitude and stated that due to the lack of confidence expressed, he now believed it would be a waste of time to negotiate a contract with R-A-M. Commissioner Beaver concurred with Commissioner M S O E Minutes Page -9- T C I O Y August 9, 1999 ONE N COMMISSIONERS N D S 0 0 Meserve. After further discussion, Commissioner Meserve withdrew his second and Commissioner Mitchelson withdrew his motion respectively. BEAVER X BORNO X Motion: Authorize the City Manager to negotiate a contract MESERVE X with Aikenhead and Odom, Inc. for the design of the capital MITCHEL SON x X improvement stormwater project. SHAUGHNESSY X X Bob Grube of 1927 Beach Avenue suggested the city send information to the Army Corps of Engineers and Aikenhead and Odom to see who comes up with the best bid. Steve Foreaker of 6th Street complimented the Commission for being concerned with doing the "right thing"and taking time in seeking the correct"design for the project. Mayor Shaughnessy thanked Mr. Foreaker and stated she hoped they (the Commission) would be remembered for taking their time and doing the right thing. Don Phillips stated he had confidence in the firm of Aikenhead and Odom, but felt the contract should be negotiated in two stages and suggested that the concept should be negotiated before the final design. BEAVER X BORNO X Amendment to the motion: Stage contact in two parts, the first MESERVE X for project approach and part two for project design. MITCHELSON X X SHAUGHNESSY X X There being no further discussion,the amendment to the motion and motion carried unanimously. Mayor Shaughnessy confirmed that City Attorney Jensen was not the attorney representing Aikenhead and Odom, Inc. 8A. Don Wolfson to Report to the Commission Regarding his Research on the Proposed Flyover at the Intersection of Mayport Road and Atlantic Boulevard; Possible Commission Action (Mayor) Item 8A was taken out of sequence and heard at this time. Mr. Wolfson apologized for being late and thanked the Commissioners for giving him the opportunity to share his thoughts and findings relative to the flyover issue. 0 Mr. Wolfson indicated that he had spoken to Steve Arrington of the Jacksonville Transportation Authority (JTA) and had requested staff M S O E T C Minutes Page -10- 1 o Y August 9, 1999 O I N ' E N COMMISSIONERS N D S 0 0 reports from the past five or six years concerning the proposed improvements for the Mayport Road/Atlantic Boulevard intersection. Mr. Wolfson stated he received copies of two documents, one dated August 4, 1995, entitled "Pre-Study in Engineering for the Atlantic Boulevard Interchange at Mayport Road" and one dated April 19, 1996, entitled Engineering Report of Conceptual Alignments for Atlantic Boulevard Interchange at Mayport Road." Mr. Wolfson inquired if city staff had seen the reports before, and they indicated they had not seen them. Mr. Wolfson stated that in 1995, JTA officials looked at seven proposals for the intersection, and reduced the seven proposals, to three, and presented the three choices for consideration at a public hearing. Mr. Wolfson stated that the three choices were (1) a placebo, (2) a modified flyover, which was not as tall as the flyover now being presented, and (3) a design rated to fail since it was rated fourth lowest out of five design choices. Mr. Wolfson indicated that one of the original seven choices eliminated by JTA staff was a quarter clover leaf design, which had been proposed by the FDOT to the Metropolitan Planning Organization (MPO) for the intersection. He pointed out that it was eliminated as being the most expensive of the solutions at $17.1 million. Mr. Wolfson believed the clover leaf design(Alternate F)was the most compatible choice for the city but was never presented as an option. Mr. Wolfson indicated that the cost for the flyover was $16.5 million, for a difference of$600,00, which he believed to be an incidental amount for the project of that magnitude. Commissioner Beaver inquired concerning the cost of the flyover. Mr. Wolfson pointed out that Phase I of the flyover project would be $11 million and the difference of$4.5 million would cover the cost to remove the existing bridge in the second phase. Discussion ensued concerning the cost of both choices for the intersection and Commissioner Beaver confirmed that the cost of the clover leaf included a replacement of the overpass. Mr. Wolfson also commented on the remarks made by Public Affairs Officer Lt. Merrell during the July 15, 1999 meeting, on behalf of Captain Gaudio, and requested that he be contacted to confirm she had related his position on the project. Mayor Shaughnessy indicated Captain Gaudio would be contacted after receipt of the verbatim transcript of the meeting from the court recorder. 0 After presenting the information, Mr. Wolfson criticized the JTA for the selections,which left the flyover as the only viable solution. Mr. Wolfson believed that the citizens of Atlantic Beach should have been able to choose M S O E T C Minutes Page -11-I o Y August 9, 1999 ONE N COMMISSIONERS N D S 0 0 from all of the options, but were only given one choice because that was what the JTA wanted. Mr. Wolfson related that on July 15, 1999, he had spoken with Mr. Arrington concerning the JTA's plans for a mass transit site at the beach, and learned they were considering the old Pic 'N Save site as their primary location for a twenty-four hour, fully-lit bus station with parking for 150 - 200 cars. Mr. Wolfson contended that this was not a good location since the site is adjacent to a residential neighborhood, and that the JTA were making plans for the site without consulting the city or the owner of the property. Mr. Wolfson felt the JTA only cared about doing what was in their own best interest since they never gave the city a fair chance to consider all of the alternates for improvements to the intersection. He believed the JTA showed no respect to the city, and that the issue was not whether the flyover was constructed or not, but that the solution be compatible to both cities. A recess was called at 9:50 p.m. and the meeting reconvened at 10:10 p.m. Commissioner Borno thanked Mr. Wolfson for his report, and requested that a verbatim transcript of his presentation be sent to John DeVault. Commissioner Mitchelson related that in a previous meeting the JTA had been asked if the overpass would be replaced and they indicated it would not be replaced. Mayor Shaughnessy requested that City Clerk King send a verbatim transcript regarding discussion of replacement of the overpass to John DeVault. She believed the comments were made during the joint meeting with Neptune Beach. Mayor Shaughnessy thanked Mr. Wolfson and stated the flyover would be on the agenda of the Metropolitan Planning Organization (MPO) on Thursday,and urged those citizens present to attend and voice their opinion. Commissioner Meserve read a memo dated August 9, 1999 from Jack Gabriel of the JTA which confirmed that the JTA had no future plans to replace the overpass and the cost of the flyover option at$8.7 million. The memo is attached and made part of this official record as Attachment B. 0 Commissioner Meserve supported Mr. Wolfson's opposition to the JTA establishing a bus transfer station at the Pic 'N Save location and felt the city should closely monitor the situation. Commissioner Meserve MSS O E Minutes Page -12- T C I O Y August 9, 1999 ONE N COMMISSIONERS N D S 0 0 expressed continued support for the flyover. Mayor Shaughnessy opened the floor for public comments. J.P. Marchioli of 414 Sherry Drive expressed concern that the continuous turn lane from Atlantic Boulevard north on Mayport Road would be eliminated by construction of the flyover. Stephen Kuti of 1132 Linkside Drive stated he was embarrassed to learn who had supported the flyover and believed that the dissenting voters should support the majority on the City Commission. There were no more public comments. A brief discussion concerning review of the city's Comprehensive Plan ensued. City Manager Thompson indicated that funding for a consultant to help with the review was included 1999/2000 budget. Mr. Wolfson, who is Chairman of the Community Development Board, stated the whole plan was being reviewed by the Board, and requested that the consultant be hired as soon as possible. C. Discussion and Related Action Regarding the Requirement for Mandatory Sewer Hook-Up (Commissioner Mitchelson/Mayor) Mayor Shaughnessy updated the citizens concerning the mandatory sewer hook-up requirement and stated the following information had been requested: (1)an opinion has been requested from the Attorney General as to whether or not state law applies to the city's situation - does the law mean we have to hook up or does it mean something else, (2) requested a Health Department assessment as to whether or not the septic tanks pose a public health hazard, and (3) does home rule supersede stated law in this situation. BEAVER X Motion: Put on hold any further action concerning this issue BORNO X MESERVE X until such time as the information requested from the Attorney MITCHELSON X X General and Health Department is received.SHAUGHNESSY x x Mayor Shaughnessy explained that those citizens who had received letters concerning the mandatory sewer hook-up within 90 days would not be required to do so until the information has been received. Enforcement questions which have arisen since the Town Hall meeting will also be 0 addressed and if they have to be enforced,it will occur in a methodical way. Mayor Shaughnessy indicated that if the AGO comes back that the citizens must hook-up despite knowledge of the local ordinance, which the Mayor M S O E Minutes Page - I O Y August 9, 1999 0 N E ' N COMMISSIONERS N D S 0 1110 requested that the City Attorney send to the Attorney General as an addendum to his letter, then there is a procedure for the city to request a waiver from the state, which the Mayor felt would be the next step in the process. Mayor Shaughnessy indicated that the Commission could not honor anyone's promise if it violates state law. Commissioner Borno concurred with the Mayor's comments and read the oath of office taken by each Commissioner, and stated they worked diligently to stay within the letter of the law. He stated they wanted accuracy of information before making a decision. Commissioner Beaver concurred and stated he also wanted the facts. Commissioner Meserve stated that he was on a septic system and inquired if this would be a conflict of interest. City Attorney Jensen indicated there was no conflict of interest. Commissioner Meserve agreed with the manner in which the issue was now being handled and suggested the City Manager follow what Duval County is doing in the manner in which the problem is handled and enforced. He felt the city should be as flexible as possible with payment schedules for the citizens. Commissioner Mitchelson stated the Commission had no desire to inflict pain on its citizens. He felt the present Commission should honor the promise of the previous Commission if it does not violate the law. Mayor Shaughnessy then opened the floor for public comments. Bob Grube of 1927 Beach Avenue confirmed that the 90 days notice to begin charging for sewer service had been put on hold, and stated he favored rescinding the ordinance. Rich Grady of 1820 Ocean Grove Drive thanked the Commission for clearing up some of the issues brought forth at the Town Hall Meeting and he felt the Commission was now working in the best interest of the citizens. He also requested that the city consider entering into the process to waive the requirements of the state statute, if the Attorney General does not rule in favor of the city. Dezmond Waters of 1835 Seminole Road expressed appreciation for the way this matter was now being handled, but felt "home rule" should have prevailed before any contact with the state. 0 Shirley Taylor of 480 West 9th Street inquired if those people who had not been previously notified concerning the hook-up would be notified. M S O E Minutes Page -14- T C I O Y August 9, 1999 ONE N COMMISSIONERS N D S 0 411110 City Manager Thompson indicated that everyone who is on septic and has sewer available would be notified, however, additional letters would not be sent until the information being requested is obtained. Mayor Shaughnessy requested that Section 22-90 of the city code be sent to the Attorney General, if the rest of the Commission concurred. City Manager Thompson stated that he had discussed sending a copy of the ordinance with the City Attorney, and it was determined that because the city code could be changed, it was not necessary to include it in the information sent to the Attorney General. There being no further discussion, the motion carried unanimously. Items 8F and 8G were taken out of sequence and acted on at this time. F. Action on a Request of Ragtime Tavern for Permission to Use a Portion of the Sidewalk at 207 Atlantic Boulevard for Cafe Style Seating (City Manager) G. Action on a Request for a Use-by-Exception Filed by Ragtime Tavern to Waive the Parking Requirements for 32 Additional Restaurant Seats (City Manager) Mayor Shaughnessy explained that at the request of Ragtime, she would like to defer these items to the next Commission Meeting. It was the consensus of the Commission to defer action on Items 8F and 8G to the August 23, 1999 Commission Meeting. Mayor Shaughnessy explained that since these items had been advertised, a public hearing would be conducted. Mayor Shaughnessy then opened the floor for a public hearing. Dezmond Waters of 1835 Seminole Road stated as President of Town Center, his organization opposed covering up the signature bricks with tables. He felt the city should protect the signature walkway. Don Wolfson,Chairman of the Community Development Board, stated that the Board wanted to review ordinances from other cities regulating businesses with cafe style seating and would like to address this matter on a city-wide basis. Since no one else wished to speak, the Mayor declared the public hearing 0 closed. M S O E Minutes Page -15- T C I O Y August 9, 1999 ONE N COMMISSIONERS N D S 0 IIII D. Declare Fire Trucks as Surplus Property and Authorize Staff to Negotiate a Contract with Hall-Mark for the Sale of Such Surplus Property (City Manager) Mayor Shaughnessy inquired if the city wished to sell both trucks. City Manager Thompson responded that the recommendation was to sell both trucks. He explained that the older truck had limited value and the longer the newer truck sits, the more it would deteriorate. BEAVER X X Motion: Accept the staff recommendation and declare the fire BORNO X X MESERVE X trucks surplus property and authorize staff to negotiate a MITCHELSON X contract with Hall-Mark for the sale of the surplus property.SHAUGHNESSY X Dezmond Waters suggested and Don Wolfson concurred that the tanker truck be retained to water trees throughout the city. Discussion ensued concerning keeping one of the trucks. Commissioner Mitchelson felt the city should keep the trucks in storage for an eight to ten months period of time in case the arrangement with the City of Jacksonville for fire service did not work out. He felt the trucks would not deteriorate that much if properly stored for a short period of time. Commissioner Borno recalled that Chief Alfred had promised the city a truck if the arrangement failed, and although it was not a written agreement, it was on tape. He felt the city should sell the trucks now in order to obtain the best price. Mayor Shaughnessy indicated she would like to wait until the contract with the City of Jacksonville is one year old before selling the trucks. Commissioner Beaver inquired if the best truck had to be brought back into service if it would provide the proper level of service as the sole truck. City Manager Thompson felt it would be usable, but maintenance intensive. Commissioner Beaver then inquired as to the value of the truck and City Manager Thompson indicated that the value was between $70,000 - 80,000. Commissioner Beaver felt it would not be wise to store the trucks because without use, he believed the pumps would deteriorate. Discussion ensued concerning the practicality of keeping the older truck to 0 water trees. City Manager Thompson stated he would have to contact Ryder in order to determine maintenance costs to maintain the truck for that purpose. City Manager Thompson pointed out that any offer received on the trucks would be brought back to the Commission for approval. M S O E Minutes Page -16- z c I O Y August 9, 1999 0 N E N COMMISSIONERS N D S 0 Amendment to the motion: Offer the trucks for sale and bring BEAVER X X the offer back to the Commission for approval. (The BEAVE X MESERVE X Commission wished to approve any offer received on the trucks MITCHELSON X X before the sale of the trucks occurred). SHAUGHNESSY X There being no further discussion, the amendment to the motion and the motion carried unanimously. E. Selection of New City Manager (City Commission) Mayor Shaughnessy indicated that she would like to narrow the list of candidates to two and have a committee perform an investigative background search in the city of the top applicant. Using ballots provided by the City Clerk each Commissioner checked off their top three choices. Upon completion of the voting, City Clerk King tabulated the ballots and announced that Douglas Miller and Timothy Zisoff were tied for first place. After some discussion, a second round of voting occurred using the same ballots to determine the first choice. City Clerk King tabulated the ballots again, and announced that Timothy Zisoff was the top choice of the Commission. The ballots and tabulation sheet are attached and made part of this official record as Attachment C. After some discussion, Mayor Shaughnessy appointed City Manager Thompson, former Mayor Lyman Fletcher and Commissioner Beaver as members of the investigative committee to go to Indianola,Iowa to perform a background check of the top candidate. F. Action on a Request of Ragtime Tavern for Permission to Use a Portion of the Sidewalk at 207 Atlantic Boulevard for Cafe Style Seating (City Manager) Item F was taken out of sequence and acted on concurrently with Item G after Item C on the agenda. G. Action on a Request for a Use-by-Exception Filed by Ragtime Tavern to Waive the Parking Requirements for 32 Additional Restaurant Seats (City Manager) Item G was taken out of sequence and acted on concurrently with Item F after Item C on the agenda. H. Discussion and Possible Action Regarding the Homelessness in Atlantic Beach (Commissioner Meserve) Minutes Page -17-0 E August 9, 1999 T C I 0 Y ONE N 41COMMISSIONERS N D S 0 Commissioner Meserve stated that this issue came up because he had attended several meetings concerning the homelessness situation at the beaches. He then distributed copies of an ordinance recently passed by the City of Jacksonville Beach and stated that if the ordinance worked for them and the problem moved up the beach, the City of Atlantic Beach would be forced to react and he would rather not operate in that manner. BEAVER X Motion: Authorize the City Manager to have discussions with BORNO X X the other Beach City Managers and the appropriate official MESERVE X X from the City of Jacksonville to formulate some MITCHELSON X recommendations to the various Commissions as to what actions SHAUGHNESSY X they would recommend,and authorize the Mayor to send letters to the two Beach Mayors requesting they allow their City Managers to participate in those discussions. Commissioner Meserve believed it was best to look at the issue in a methodical, deliberate manner to see if any action would be required by the City of Atlantic Beach. Commissioner Meserve indicted that the ordinance was distributed for informational purposes. He felt it was important to pursue a dialogue between the City Managers to attack the problem systematically and see if the cities could come to common cause with the issue. Mayor Shaughnessy inquired if a legal review was implicit in the motion and Commissioner Meserve responded in the affirmative. He believed a legal opinion would be helpful on anything pursued by the Commission relative to this matter. 9.City Manager Reports and/or Correspondence: The City Manager Report was acknowledged and received as presented. 10. Reports and/or Requests From City Commissioners and City Attorney Mayor Shaughnessy Indicated the City of Atlantic Beach was mentioned on page 29 of Florida Trend magazine for its involvement with the Preservation 2000 Project and the Centex property. Minutes Page-18-o E August 9, 1999 T C I O Y ONE 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 11:40 p.m. N,ccza.u.c p_til s Suzanne Shaughnessy( Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal rk ATTACHMENT A AUGUST 9, 1999 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Parks and Recreation Advisory Board Report DATE: August 4, 1999 SUBMITTED BY: David E. Thompson, City Manager BACKGROUND: Please see the attached report from the Parks and Recreation Advisory Board Chairman DeJean Melancon. The report contains recommendations for reducing the costs of the Bull Park project to an amount anticipated at$250,000 or less. The Board Recommendation is to approve a budgeted amount of 250,000 and to authorize staff to proceed with project. The City Commission has already approved $234,000 toward this project, and staff does not see the need to further increase this budget until the recommendations are researched and a more accurate budgetary figure can be identified. After reviewing the report, staff needs to follow up and determine the feasibility of some of the recommendations. When staff has completed its research, it will provide the information to the City Commission for review. RECOMMENDATION: Authorize staff to proceed with their research and review of the recommendations from the board, and report back to the City Commission. ATTACHMENT: August 3, 1999 Memorandum from DeJean Melancon to the Mayor and City Commission Draft Minutes of the July 28, 1999 Parks and Recreation Advisory Board Meeting REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: August 3, 1999 TO: Mayor Shaughnessy and City Commission FR: DeJean Melancon, Chairman Parks and Recreation Advisory Board RE: Bull Park Recommendations The Board held a regular meeting on July 28,1999 and voted to recommend the following budget adjustments to Bull Park. The bid adjustments are taken from the bid submitted by ABBA Construction. 1. Curbing and Sidewalk-delete perimeter concrete curbing and sidewalk from the bid package. Sidewalks should constructed where new parking areas will require sidewalks to be replaced. (Bid items#2b, 7b-c, 8a-d are budgeted at $62,667. The board believes 50-60%can be saved). Anticipated savings $32,667. 2. Playground Structure-delete Timberform (wood) Structure from the bid package. Under a separate bid replace with a Steel and Aluminum Structure similar to recent installations at Russell Park and Atlantic Beach Elementary. Set budget at$50,000. Bid items #2d, 3a-d, 7a are budgeted at $92,767). Anticipated savings $42,767. Before purchasing a system discuss with Karen Scheffer, City of Jacksonville, Department of Parks about possible joint funding of the playscape. 3. Heat Pump Conversion-recommend deletion, bid#21-$6,319. 4. Plants-recommend separate bid, anticipate a 10% savings-$5,200. 5. Mobilization Cost-reduce to $30,000 because of deleted items. Anticipated savings 5,391. Summary: Total reductions are initially estimated at$92,344. These estimates are the opinion of the Board and must be verified with the selected contractor. These changes preserve the original design principles. In summary the Board believes the Bull Park project can be constructed for$250,000 with the above modifications and other miscellaneous reductions. Recommendation: The Board recommends the Commission approves a budgeted amount of$250,000 and authorize Staff to move forward with the project. 29/03/1999 OS:25- 9042475843 C--A S POBLrCWORKS PAGE 02 A regular meeting of the Rest eation-Advisory-Board-wts-held-Wednesday;July 28, 1999, 0 Co-Chairperson Phil Corp-called-the meeting to-order sd-7:l--Pn. Present-were:Peter Phil-Corp,BarbaoSteven Jenkins-,Tim-Johnson,DeJeatMelancon,- and Susan Gorman. APPROVAL OF MENUT S Peter C-oaIseu--motioned to-approve-the mutey om^the last-meeting held-on June 23, 1999. Barbara Hopson seconded and the motion carried. UPDA f1 ON PROPOSED-ORDINANCE TO PROTECT PARKLAND DeTean-asked the Board to-discuss-the proposed-ordinance to-protect parkland. He this issue-.shoukr-notoignor -BarbaxaJlopson spoke with several_ofaials from area-beach-park-departure She--was-wormed tha4an official-poky for parklatl preselvatien-does notexisti -the exceptionof Neptune Beach Steffi-Jetis suggested-that-the-Board-consider-111e?addend:preservation ordinance adopt the City ofJacksonville. Jacksonville%ordinance-is clear and-easy-to enforcer Steven distributed-the material-on this subject, DeJean asked the-Board to study the-; nation before_develop _an ordinance-for Atlantic Beach. Jacksonville's COMP plan was mentioned as a guideline as well. E racBULLPARK-BUDGET 1GIO AT 2N The Board-was asked to ways-tautodify-the-sect-for the Bull Park projw, DeJean-mentioned thatthe-Commission-would prefer that-theplan_s remain-similat to the original-idea,with simplicity -nsage as a--key-consideration. DeJeanasce&the Board to prioritize items for cost effectiveness. The Board discussed key a hat-appear negc la--Steveutluestioned-the cost of the_concrete,or rather the-quantity-figured in-the-lowest-hid. Peter agreed,suggesting that lessctirbing could save dollars Steven also questioned-thc-repiacementofexisting _ siewal a The Board agreed-that perhaps Bull Park could do with fewer sidewalks. Tl dscussed the cost o the Agro DeJean suggested toile Board that_donated play sets-fromthe Cky of Jacksonville is-an option. TheEgard agreed that-other sourcesplayset-squipmesxt- be considered. Competitive prices be reviewed-along-with-the possib a€donated playground-eguipmpnt. t'al T- UOlj0Ui Mr4 pug papucraas uana1 -urd 0E:8 is$uta-atp umofp o; poseur uoauslaw 111101K14143SZKLITIO lmlaatu PugiSI uo&alp Wog sautugu a .3o satdoa_pamg_ulsip imam uopsam?I pus mind ALL aivudll 66'6-I `6 Iggfigli uo&grow Uoissitmuoo 14 of ea I a Tamil aq?Pin Amapa Patuea wpm atp pus papuooas sisq.u313 IIOIS anuoa dtxmd Ill 5 AltazInqotu.puri uotuow p ui tfO P1 paa Pole<439fig aj2 enp-i u«91721ffq44W211tO oj- q# o0I 1(q4Utdt/$9PMI d3e ei"£ uogeamoads lasAuld Jo uoptraglpow z TS-15-7-4 fitiveapys Jam:glad pus 8mgmo a2aIaq -t pinont i it a21331aud p4uatus us!Ilya spiq tau.1%lno oa_pinogs se_a una wq puoow sumac ua^alS uo!low g ia3 Pa 04:1000 5 nq Porofeadgqi-slaial Ply l PaP. cTi d- g 2q1 --sa -ufiu$is aUW11.611°9 laafoad V34_11/111 loj tuairispuassa m?taxed sa!sianueo ipt-ts?-040-paagis PleoS 4741, tsaippad xal + ui is of p snibe31ttce4 gq# pe to-o3°°iU 1;43943ar 1, 38d S so3 duttt-qe-o3 us paau aqrpouopotifib saaqutatu P $ nas soau3.rns p>¢noigiCtrid pannbai atlt3o auo st aosjms puss patnviscaa.ropanQ uogsaI32g aql •aow.ms puss alp ao,I mats paw? Aqp oa-is°a-aqI is of PInom ted pagingie t-$auis a 81{t paa ZED)nq`ion ed -si uopetairattlefiusld pue$utnc -u! n{enur 1soo - anp- °dtu!a -pq-er stualr amos paisanns mad ' iJo woo assaroap o;mot{uo asap!passnow PmoS au PA ant7A csAmnrei :)I and H t! 3 Eb85Lb7.b06 96:86 6661/66/6` Aug-09-99 05:25pm From-JACKSONVILLE TRANSPORTATION AUTHORIT' ATTACHMENT B AUGUST 9, 1999 COMMISSION MEETING 4,11011 eerit12 1110\' 1acfsom ills I;1.3_202 Fel:90-1630 31S1 1.a 904 3166 Memo To: John Meserve—Commissioner City of Atlantic Beach VIA FAX 246 9447 From Jack J.Gabriel P.E.—Jacksonville Transportation Authority 4i" Date: August 9,1999 Re: Atlantic Blvd./Mayport Road Interchange Improvements In response to your inquiry today with regards to the jTA plans for the referenced interchange please note the following 1. In the JTA's pr-study phase for this interchange that was completed in Aug.1995 the JTA evaluated eight options to improve the traffic situation at this interchange. These options included the earlier solutions that the FDOT had proposed in their Atlantic Blvd. Corridor study issued in 1990.The JTA's recommendation of the final three options was presented in an engineering report issued in April 1996 with a final selection of the Flyover configuration after a Public Hearing took place on Jan.30 1996.The estimated cost of the Flyover option is 8.7 million.This includes the cost for the Flyover structure at approximately$4.0 million and associated roadway and drainage cost of$4.7 million 2. It was clearly stated in the 1996 report that the JTA intends to proceed with final plans for a Flyover solution and keep the existing Atlantic Blvd.overpass for two reasons. First, It was in the FDOTs assessment of the overpass structure that it is structurally sound and had a residual life span of 20-25 years. The JTA did not have the funds allocated for the future overpass replacement Therefore the JTA only appropriated funds for the Flyover.The FDOT may in the future (in the next 20 years maybe)decide to replace the overpass.But it is definitely NOT in the JTA's future plans. 3. The JTA considered the partial cloverleaf option in the original eight configurations. It was eliminated because of the extensive right of way impacts associated. Cc:Miles N.Francis Jr. Steve Airington O:\u-ri x.en$\F_4,..arina\FxsiNz R.\JACt..-v cr obunexcves999.ax ATTACHMENT C AUGUST 9, 1999 COMMISSION MEETING 0 SELECTION OF CITY MANAGER Tabulation of Votes First vote- Commissioners were asked to check their top three choices. Beaver Borno Meserve Mitchelson Shaughnessy Total James R.Hanson V V 3 Douglas R.Miller t V 1/1' Charles C. Saddler,III V Sanford A.Youkilis V V 2. Timothy Zisoff V V T 7Homf50/4 I 4- 71ED coe 1 ST Second vote- Commmissioners were asked to indicate their first and second choices Beaver Borno Meserve Mitchelson Shaughnessy Total James R.Hanson A'ld Douglas R.Miller o. a I 02 Charles C.Saddler,III Sanford A. Youkilis 15t Timothy Zisoff i 2- Signed August 9, 1999 SUGGESTED BALLOT FOR SELECTION OF CITY MANAGER Please rank the candidates by scoring them from 5-1 with 5 points for your first choice, 4 points for your second choice, 3 points for your third choice, etc (The candidate with the most points will be overall first choice) James R. Hanson Douglas R. Miller Charles C. Saddler, III Sanford A. Youkilis Timothy Zisoff I' Signed August 9, 1999 SUGGESTED BALLOT FOR SELECTION OF CITY MANAGER Please rank the candidates by scoring them from S-1 with S points for your first choice, 4 points for your second choice, 3 points for your third choice, etc. (The candidate with the most points will be overall first choice) James R. Hanson v Douglas R. Miller Charles C. Saddler, III San kilis Timothy Zisoff Z' r 1110 Signed "r , August 9. 1999 4111 SUGGESTED BALLOT FOR SELECTION OF CITY MANAGER Please rank the candidates by scoring them from S-I with S points for your first choice, 4 points for your second choice, 3 points for your third choice, etc. (The candidate with the most points will be overall first choice) 4' James R. Hanson Douglas R. Miller C Charles C. Saddler, III Sanford A. Youkilis Timothy Zisoff Signed f ' `:` August 9. 1999 SUGGESTED BALLOT FOR SELECTION OF CITY MANAGER Please rank the candidates by scoring them from S-1 with S points for your first choice, 4 points for your second choice, 3 points for your third choice, etc. (The candidate with the most points will be overall first choice) James R. Hanson Douglas R. Miller Charles C. Saddler, III Sanford A. Youkilis Timothy Zisoff Signed August 9, 1999 111 SUGGESTED BALLOT FOR SELECTION OF CITY MANAGER Please rank the candidates by scoring them from S-1 with S points for your first choice, 4 points for your second choice, 3 points for your third choice, etc. (The candidate with the most points will be overall first choice) Ct.14-Ad James R. Hanson Douglas R. Miller Charles C. Saddler, III Sanford A. Youkilis Timothy Zisoff Ja.U26L 1 aif'K_. ljeerri 6 r6e6 40 Signed 6142,444.1 - l August 9. 1999