Item 8BAGENDA ITEM # 8B
AUGUST 24, 2009
CITY OF ATLANTIC BEACH
CIT1i' COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Update of Proposed Dog Park at Tideviews Preserve
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: August 14, 2009
BACKGROUND: At the June 8th Commission Meeting, residents made a request that the
City consider adding a dog park facility to the Tideviews Preserve. The specific area
proposed is approximately 1.6 acres and consists of a segment of unopened Begonia
Street right of way and an FDOT /JTA stormwater pond providing treatment for runoff
from the Mayport Flyover Project. This report is an update of information provided by
Staff at the July 13~' Commission Meeting.
Staff met with FDOT Maintenance, Environmental and Legal staff to discuss concerns
and requirements to proceed forward with the Dog Park project. As expected, FDOT
said AB would have to take ownership of the pond to use the area as a dog park (FDOT
general practice is to discourage public access /use of non-roadway parcels, especially
stormwater facilities, because of liability concerns). In researching our requesting, FDOT
determined that the parcels still legally belong to JTA, although they were supposed to
be transferred to FDOT on completion of the Mayport Flyover construction.
Information below is copied from the FDOT Staff email summarizing the meeting:
The Department would consider the public-use request providing the following were
documented and agreed upon:
• Property was transferred to the City of Atlantic Beach with the Department
continuing to have an easement for the right to utilize property for
drainage purposes. Property transfer to include a reverter clause to ensure
continued public-use.
• Liability issues clarified with the City to hold the Department harmless
for all claims arising from any and all property uses.
• Maintenance Agreement for the pond executed by the City of Atlantic Beach
• All pond permits transferred from the Department to the City of Atlantic
Beach for the pond/drainage system.
• The City of Atlantic Beach would accept "infinite future forward"
responsibility of all possible contaminants associated with the pond and
drainage system.
• Pond/Drainage system would be separated for MS-4 allocation.
Staff has concerns with these requirements, specifically with accepting responsibility for all
contaminants associated with the pond and drainage system. Since the pond takes
runoff primarily from the FDOT Right of Way, AB has little control over what goes into the
pond, but would assume responsibility for any and all future TMDLs that may be
August 27"', 2009 Regular Meeting
AGENDA ITEM # 8B
AUGUST 24, 2009
implemented on stormwater runoff to the Intracoastal Waterway /San Pablo River.
Acquisition of the pond has potential for incurring future financial liability, although the
same liability will already exist due to other stormwater facilities the city already owns and
maintains. Example: Hopkins Creek Pond serves a 53 acre drainage basin including a
section of Mayport Road, while this pond serves an 8 acre drainage basin.
Update on previous issues reported to Commission in June:
Issue 1: Most of the area contained within the desired park foot print is not City owned.
Status: as noted above, City will have to take ownership of parcel, subject to
maintenance agreement with FDOT.
Issue 2: Determination that water quality in the pond will not cause problems for dogs.
Water sample results have been reviewed by veterinarian -initial assessment is that
water quality is not a concern.
Issue 3: Maintenance of the park area - a binding agreement between residents
proposing to manage the dog park and the City designating who is responsible for what
(asks will be required. No action taken pending resolution of Issue 1. Citizen's group is
considering installation of an electronic access system for the dog park, which would
require users to pay a nominal fee for access, with funds being used strictly for park
maintenance and facilities. This would provide a means to ensure dogs using the park
have required shots and dog owners have signed a Hold Harmless agreement prior to
using the park.
Issue 4: Cost to construct facilities required to operate the dog park. Fundraising efforts
by Dog Park group are ongoing. They have a tentative commitment for $15,000 in
matching funds from COJ (Councilman Graham) dependent on raising $15,000.
Issue 5: Liability- City ownership agreement will include language that addresses FDOT
concerns for liability from dog events. A Park Usage Agreement, with `hold harmless'
language to shield the city and dog park group, is strongly encouraged.
BUDGET: There are no funds budgeted for the improvements required to make a dog park
operational in either the current year budget or the proposed budget for FY 2010. Fund
raising by supporters continues.
RECOMMENDATION: None. For Commission review /discussion only.
ATTACHMENTS: 1. Aerial Photograph of Proposed Dog Park Site
REVIEWED BY CITY MANAGER:
August 27"', 2009 Regular Meeting
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