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HomeMy WebLinkAbout01092008cnv ~~ ~~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 9, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the regular meeting to order at 7:00 p.m. 2. Council Member Paternoster led the Pledge of Allegiance. 3. A moment of silence was held. 4. Council Member Paternoster read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff City Council Absent: Mayor Andrea Coy (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke/Rob Messersmith Airport Director, Joe Griffin Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Human Resources Director, Debra Krueger Parks Supervisor, Chris McCarthy Regular City Council Meeting January 9, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 7. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.001 A. Certificate of Appreciation to Gary Barth -Parks & Recreation Advisory Committee Service Vice Mayor Neglia presented a certificate to Gary Barth, commended him for volunteering his time to the City and noted a certificate has been prepared for Kelly Palfi, also a former member of Parks and Recreation who was not in attendance. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-11 A. Approval of Minutes - 12/12/07 Regular Meeting 08.002 B. Approve Soccer Association 2"d Annual 5K Run Fundraiser February 16, 2008 13-19 from 7:30 am to 9:30 am on Indian River Drive and Use of Large Pavilion in Riverview Park -Close Indian River Drive from Harrison to Jackson Street from 7 am to 9:30 am (Parks Transmittal, Information) MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve the December 12, 2007 minutes carried on a voice vote of 4-0. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve item B of the Consent Agenda carried on a voice vote of 4-0. 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Simchick reported on Keep Indian River Beautiful street adoption programs and invited interested citizens to contact Joan Dean at 388-5474 for more information. Mr. Paternoster reported on Indian River County Commission approval of a six month mining moratorium. 2 Regular City Council Meeting January 9, 2008 Page Three Vice Mayor Neglia returned to Brief Announcements at this time and announced that the Community Redevelopment Agency meeting scheduled for tonight has been rescheduled to 1/23/08; Early Voting will take place from January 14 through January 26 excluding Sundays from 8 am to 4 pm in the old Schoolhouse City Hall building, the Frog Leg Festival will be held January 17-20, and the Sebastian River Art and Music Festival will be held January 26 and 27. 08.003 A. Parks and Recreation Advisory Committee 21-26 (City Clerk Transmittal, Application, Ad) i. Interview, Unless Waived and Submit Nominations for One Regular Member Position with Term to Expire May 31, 2008 The City Clerk noted that since there is only one applicant, a nomination can be made and appointment would be automatic and no motion is needed. Mr. Wolff nominated Ms. Solomon and she was appointed to the position. 08.004 B. Police Pension Board of Trustees 27-34 (City Clerk Transmittal, Memo, Application, F.S) i. Appoint Debra Krueger as Fifth Member to Police Pension Board in Accordance with F.S. with Term to Expire January 2010 On MOTION by Mr. Paternoster and SECOND by Ms. Simchick, Ms. Krueger was ratified as the fifth member of the Police Pension Board. Mr. Wolff asked about the City's residency requirement for boards and noted the applicant is not a resident. The City Attorney stated this is a statutory board and not one of our City boards and the residency requirement does not apply. The City Clerk noted that there is a state law residency requirement for two members of this board appointed by Council but the fifth member is not required to be a resident. Roll Call on the motion result was as follows: Neglia, Paternoster, Simchick, Wolff Ayes: All Nays: None Passed 4-0 10. PUBLIC HEARINGS (QUASI-JUDICIAL) 08.005 A. Quasi Judicial Hearing on Resolution No. R-08-01 -Request for 18 Month Extension 35-52 for Bristol Lakes Subdivision Preliminary Plat (GMD Transmittal, R-08-01, Application Letter of Request dated 9/26/07, R-06-24, Preliminary Plat, Public Notice City Council minutes dated 1/10/07, Plat Under Separate Cover) 3 Regular City Council Meeting January 9, 2008 Page Four A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN EXTENSION OF THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT KNOWN AS BRISTOL LAKES SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The Clerk swore in individuals who intended to offer testimony. Vice Mayor Neglia opened the hearing at 7:11 p.m., and there was no Council Member ex-parte communication to disclose. The City Attorney noted for the record that this issue has come before Planning and Zoning previously. Joseph Schulke, Schulke, Bittle, and Stoddard, LLC introduced himself, Chris Sopotnick, environmental consultant and Richard and Joseph Jones, project owners. He stated the eighteen month extension on the preliminary plat is needed because a pair of scrub jays has nested on the property and a habitat conservation plan must be completed. The Growth Management Manager added the Planning and Zoning Commission approved this request last Thursday with the following conditions: reinstall the silt fence, complete an updated environmental study, relocate any found gopher tortoises, complete an updated traffic study, and complete and implement the habitat conservation plan. Mr. Wolff asked whether there was anything in writing from U. S. Fish and Wildlife (USFWS) citing that the scrub jay issue can be resolved in twelve months. Chris Sopotnick, Ecological Consulting of Florida, said the 12 to 18 month time frame was based on a verbal meeting with USFWS. Mr. Paternoster asked him to clarify the process for the scrub jay nesting issue and Mr. Sopotnick responded that a survey is done to determine how large of an area the pair is occupying, a program is put together to continue to develop while keeping a habitat for the birds and it can take up to two years. Mr. Paternoster asked if the habitat area could be segregated and Mr. Sopotnick said probably not, because the birds prefer natural scrub. Mr. Neglia asked if more time will be needed if more scrub jays arrive. The Growth Management Director stated mitigation is part of the process and Mr. Sopotnick said habitat will be made available for the birds. Mr. Neglia said that now that School Concurrency is in effect, he asked Mr. Schulke if he knew what effect the development will have on schools. Mr. Schulke said there would be 84 units and associated impact fees would be paid. The Growth Management Manager corrected the date for the extension to be July 2009 4 Regular City Council Meeting January 9, 2008 Page Five Mr. Wolff said his objection to the extension is by the time people move in it will be 2010, with the closing of Fleming Street, other site approvals on the way, existing problems on Barber Street, and the entry and exit being located opposite Park Place, he said eighteen months is the longest Council can extend with a 2006 traffic study and was concerned with the impact to the community and how the quality of life and how will we address the growth when this project is completed. In response to Mr. Paternoster, Mr. Schulke said sidewalks will be installed on Barber along their frontage. Mr. Paternoster asked about the turn lane, and Mr. Schulke said the traffic impact study indicated the project will be significantly less than the City's code threshold requiring a turn lane. The Growth Management Director said if a new traffic study shows off-site improvements are needed, a modified site plan will go to the Planning and Zoning Commission for approval. Mr. Paternoster asked if another pair of scrub jays show up at the 17th month, 29th day, would the applicant request another extension. The City Attorney said the applicant would then re-apply, but this could not happen because the next extension would be to complete construction once they have begun, but they cannot construct unless permits are in hand. In Favor of the Request Richard Gilmore, 744 Kroegel Avenue, Sebastian, said we need this affordable housing in the community. In Opposition of the Request None. MOTION by Ms. Simchick and a SECOND by Mr. Paternoster to approve Resolution No. R-08-01, requesting an 18 month extension for Bristol Lake Subdivision preliminary plat. Roll call result was as follows: Ayes: Paternoster, Simchick, Neglia Nays: Wolff Passed 3-1. A recess was taken at 7:58 p.m. and upon return at 8:08 p.m., all members were present. 11. UNFINISHED BUSINESS -None 5 Regular City Council Meeting January 9, 2008 Page Six 12. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. Don Wright, Fischer Circle, Sebastian, presented an update from Chamber of Commerce Economic Development Taskforce, listing the members, and read into the record a letter dated January 7, 2008 (see attached). Frank Garland, Ponoka Street, Sebastian, said there are a lot of people in the City out of work, some with equipment, and suggested using these people for the Collier Creek project; and said that for every hundred dogs that enter Hardee Park there are 33-35% let loose to run and one third of the dogs are leaving stuff behind. He said last Saturday he watched two carloads of kids playing touch football in the field where dogs had been running loose and said it is a health hazard. He asked Council to take this into consideration, open a dog park and give the parks back to the people. Cindy Falco, Louisiana Avenue, said the historical district will be having a grand opening and is trying to establish a historical walkway. She also said she has spoken to many business people in the business district who are not able to post signs, and not supported by the community. She said the City is not business friendly and without the businesses we have to go to Wal-Mart and Vero Beach or Melbourne to shop. Mr. Neglia suggested she get with Mr. Wright and she said she tried but was not received. Lisa Flores, new business owner, Strands of Silver, agreed the City is hard on businesses with signs, and that most of their customers are not from Sebastian. Mr. Wolff said he has pledged to spend his money in shops where people know him, and commended them for coming forward, and agreed with possibly allowing some dispensation for signs and thinking out of the box. The Growth Management Director said staff has given the property owner options and Ms. Flores said the property owner wants the businesses to pay for it. Ms. Simchick asked who Council could talk to about slowing speed on US 1. The City Manager said it is regulated by the Florida Department of Transportation (FDOT) and the City could petition the Department and adopt a resolution requesting a reduction in speed. Mr. Paternoster asked what jurisdiction business owners would have on a state road within the City limits and suggested the street parking in that area of US 1 near these shops could be a turning lane. Mr. Paternoster said the ambience the City is trying to portray is not really showing on US 1. 6 Regular City Council Meeting January 9, 2008 Page Seven The City Attorney said the City has no jurisdiction on US 1 and advised the best way to deal with FDOT is to work with them, but take a political front as well. The City Attorney explained that FDOT originally planned to six-lane US 1, and people complained, so the City asked for bumpouts to make it harder for FDOT to eventually six- lane the road. Ms. Simchick suggested that she and Mr. Paternoster as members of Metropolitan Planning Organization (MPO) can work through that committee to promote the idea. It was the consensus of Council that the City Manager and City Attorney proceed to pursue the recommendation. Discussion took place on the effect of this area being an historical district and a redevelopment district. Ms. Simchick said a sign at the northbound light before the park for the water park and the scenic route could divert some traffic off of US 1. The Growth Management Director said they had suggested the Villages owner allow the businesses to put their signs on his monument sign. Louise Kautenberg, Sebastian, said she spends her money in Sebastian, but we as a City need to give our support to the businesses, said FDOT is coming back because they want six lanes and will ask what we are doing. She said Ms. Simchick's directional sign idea is excellent, that crossing US 1 and Main Street is very difficult, suggesting better timing so crossing is not dangerous. Grace Wieber, 632 Stevenson Avenue, said she and her husband have their own business and thanked Council for supporting businesses, asked who it is that decided that there is a double entryway to the Village Shops and suggested maybe ingress could be north and egress could be south. She said she believes in this area and thought maybe we could be like Melbourne's historic district, and knows better days are ahead. The City Attorney said it is two-way on the site plan and the property owner could come in for a minor modification and it would have to be signed off by the County. Rex Nelson, 710 Fischer Circle, Sebastian, spoke on the Ocean Concrete appeal of the County denial of their request for site plan extension; the July 24th County decision to not allow this type of use in light industrial zoning; and announced that people will attend the County P & Z hearing tomorrow night. He directed people to review websites irccdd.com and sebastianconcernedcitizens.com and encouraged participation. Ms. Simchick said she had asked the City Clerk to send the letter and resolutions previously approved by Council to the County Planning Commission. 7 Regular City Council Meeting January 9, 2008 Page Eight Mr. Neglia asked how they would feel to keep getting those copies from us and to be careful on that. Ms. Simchick said there are new members. Chuck Lever, Mulberry Street, Sebastian, said the County designated Old Dixie Highway as historical and asked if the City Attorney had followed up on doing this in Sebastian. He also suggested the Main Street Project be put on hold and re-allocate the money to attract bUSIneSS2S to the business dlStrict. ~` Mr. Lever clarified his statement, "I had watched the County meeting and they asked the question about Old Dixie Highway and what we were going to do with Old Dixie Highway." Mr. Paternoster asked what happened with the historic roadway designation, and the City Attorney said the majority of the road is through the County, and the thinking was let them take the lead, it will be complicated and there would be "taking" issues involved if it was declared historic and said it could not be modified. Mr. Paternoster asked Council to keep the on-going petition opposing the Main Street project in mind. Damien Gilliams said he is glad to see the businesses come out, thanked Mr. Wolff and Mr. Paternoster for coming out to his business when he had a problem, suggested moving the Chamber near City Hall, asked about the citizens academy, suggested using the Main Street Project money to buy parking downtown, asked where the legislative wish list is. He distributed the Oxbow Eco-Center newsletter and pointed out the same programs could be done with the conservation area behind City Hall which included holding classes, teaching kids about Florida, have a gift shop to generate revenue. He continued to suggest that the Chamber be taken off Main Street and use that area for parking for downtown, and said a change of leadership is needed. He asked where the $2 million the City withdrew from the State Board of Administration is, suggested changing the Charter officers, have Finance Director be a Charter officer, and the City Attorney report to the City Manager. Anita Solomon, newly appointed to Parks and Recreation, said it will be her quest to work with the dog issue, and generate tourism to assist the businesses such as holding a green market, arts on the avenue, and theater under the stars. Ms. Simchick asked if the bandshell could be used as a movie screen, and the City Manager said he would look into this. Mr. Neglia said he discussed this last year with the City Manager and he was going to look at this at the Barber Street Sports Complex along with a handball court. A recess was taken at 9:14 p.m. to 9:24 p.m. and upon return all members were present. 13. NEW BUSINESS 08.006 A. Update -Growth Management Site Plan Review (City Manager Transmittal 53-63 w/Attachments) 8 Regular City Council Meeting January 9, 2008 Page Nine The City Manager explained the need for outside consulting services to assist in expediting site plan review under his spending authority limit of $15,000. His full report is included in the agenda packet. He said it was his intention to first clean out the bottleneck and then research other avenues such as fee increases, staffing or a program to charge an additional fee to fast track a plan. He said step number two is dual permit review by the Growth Management Director for land development, general code, setbacks, parking, construction standards, structure, mechanical issues to expedite the process, and step number three would be to revamp the land development regulations to be more business friendly. Council expressed that staff would be the best gatekeeper of the City's codes, but they have received many complaints and they were willing to try the City Manager's recommendations. The City Attorney advised that once the City updates the comp plan, by law the land development regulations have to be updated and since we are in the procurement process with the comp plan update we can plan on updating the land development regulations after the comp plan update. Mr. Paternoster suggested utilizing Main Street project money to entice businesses to the district and hire more staff. Damien Gilliams, 1623 US 1, suggested using a citizens' academy such as Boulder CO, and Greenberg NY uses to keep taxes down. Mr. Paternoster pointed out no one has initiated an academy yet. The City Manager asked Mr. Gilliams if he would volunteer to review site plans. MOTION by Ms. Simchick and SECOND by Mr. Paternoster was made to extend the meeting to 11:00 p.m. carried with a voice vote of 4-0. The City Manager said there have been volunteers in some departments, but volunteers aren't the right people to do site plan review and the City does have currently have volunteers working at the front desk. Ms. Simchick said volunteers are used for non-essential jobs and asked what would be the City's liability if volunteers made errors while approving site plans. She offered Mr. Minner's phone number to the public in case they would like to volunteer. 9 Regular City Council Meeting January 9, 2008 Page Ten 08.007 B. Request to Municipalities from Florida League of Cities for Resolution Urging 65-85 Legislative Support for FLC Legislative Priorities Relating to Affordable Housing, Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform Transportation and Water -Direct Staff Accordingly (FLC Memo, List of Officials, Draft Resolution) Council members asked for clarification on the following issues: tax-increment financing, electronic traffic devices vs. witnessing traffic infractions, reclassifying businesses for local business taxes and setting up gas tax monies as an enterprise fund. Because of the discussed concerns, it was the consensus of Council not to move forward with a resolution. 14. CITY ATTORNEY MATTERS -None. 15. CITY MANAGER MATTERS The City Manager said bids have been opened on the Collier Creek project (see memo attached), however it has been brought to their attention that walls could be done with the funds available. He said he did not have anything further tonight but to look into it the feasibility and he will report back to Council after research is done. He updated Council on the how the state has handled the State Board of Administration (SBA) funds. He explained the City has $19.2 million in cash with 5.9 million in cash in Wachovia (earning 4%), 7.8 million still in SBA, 5.5 million in agency notes (earning 3%). The City withdrew money from SBA and it went into the 5.9 million that is in cash. He said the City is not depositing into SBA at this time. The City Attorney advised that under the City's policy, the Finance Committee administers the City's investments on a regular basis and has done so since 2001. Mr. Wolff asked if the City lost money and was the City's money in jeopardy. The City Manager said in his opinion the City's SBA money is not in jeopardy because the state has done the right thing holding the bad securities in abeyance, eventually pay the good securities with accrued interest and perhaps a year from now also, pay the bad securities with interest so the only loss would be interest. 16. CITY CLERK MATTERS -None 10 Regular City Council Meeting January 9, 2008 Page Eleven 17. CITY COUNCIL MATTERS A. Mr. Neglia Mr. Neglia referenced the FLC e-mail regarding the property tax reform, stated Council can't tell citizens how to vote but he would like consensus to have the City Manager write up something and put it on website and TV screen to educate the citizens. Council gave their consensus. Mr. Wolff asked if anyone is doing neutral public education on this matter. The City Attorney stated there is no neutral party that he is aware of. B. Mr. Paternoster Mr. Paternoster reminded the public of his January 22"d public forum to be held in the chambers. He stated the garbage pickup was late again on Vocelle, Floraland, and Mulberry. He also said three weeks went by with no yard debris pickup. He said it is his understanding that after Walgreens went up, a sidewalk would be put in. The City Attorney said the City had the money to do the sidewalk but the former City Engineer gave the money back to the developer. The City Manager said the first phase of the sidewalk project is finishing up under budget and after the gap is closed on Main Street to Easy Street, the Walgreens area will be looked at. Mr. Paternoster said he has received comments that the Public Works flatbed and boat are not being utilized but because of the hour he will send an a-mail for the City Manager to follow up on. C. Ms. Simchick Ms. Simchick said the new monument signs look great around town, especially Mel Fisher's Treasure Museum. The Sebastian Historical is having an open house and membership drive on February 2"d from 11:00 a.m. to 2:00 p.m. She asked that signs on US 1 to gear people to scenic route not be put by the wayside. 11 Regular City Council Meeting January 9, 2008 Page Twelve D. Mr. Wolff Mr. Wolff said there are no bicycle racks at old schoolhouse and it might be a good way to "go green." E. Manor Coy Absent. 18. Being no further business, the regular meeting adjourned at 10:58 p.m. Approved at the January 23rd, 2008 Regular City Council meeting. Andrea Coy, Mayor ATTE _ ''f ~ l ~ 1. Sally A. Maio, MC, City Clerk ~~~~~ B. 12 010908ConcrCouncilTalk2 Good evening Council, Staff and Citizens. I'm Rex Nelson, 710 Fischer Circle, Sebastian Today marks the anniversary of our first appearance before you to seek help in opposing Ocean Concrete's proposed plant at 11085 Old Dixie Hwy, Sebastian. It's also the eve of the Indian River County Planning and Zoning Commission's hearing regarding Ocean Concrete's appeal of the County's denial of their request for a one year site plan application extension. In 2007, Council, the resolutions you passed in opposing the proposed concrete plant received a positive effect. They even were mentioned in the Ocean Concrete lawsuit they filed in November. Every point in the suit OC previously covered in the series IL amendment hearings. Staff, your support in advice, counsel and appearances also made a major difference in the outcome of obtaining approval for the Industrial Light zoning amendments, and Citizens your heeding the advice to write letters to the staff and the elected officials perhaps made the biggest contribution that led to the unanimous July 24 BCC decision to prohibit heavy industries operating in the Light Industrial Zoning Districts. Still Ocean Concrete remains the biggest environmental and economic threat ever to our City. After unilaterally deciding to proceed toward the December 6th site plan expiration they now have requested a one year extension. After failing to meet the Count`s technical requirements they apparently still feel they have the right to proceed. Tomorrow evening we will attend the IRC Planning and Zoning Commission hearing of Ocean Concrete's appeal for the one year extension. Ironically this will be the first time we can talk specifically about OC. Two websites deserve everyone's attention: www.irccdd.com and www.sebastianconcernedcitizens.com provide all the factual background for why our continued vigilance remains so important. Since we don't know what move Ocean Concrete is trying to make at this Thursday's, Jan. l Oth Planning & Zoning Commission meeting at 7 p.m., 1801 27th St, Vero. We ENCOURAGE YOU TO PARTICIPATE 1N OR ATTEND THE PROCEEDINGS. As a Council you may wish to take other action. Let's show our solidarity and resolve to the Commission and especially to the two new members. PS Wouldn't it be neat for Sebastian to truly have light industry -like Torrey Pines going into Martin County? TO: Members of the Sebasti ty Council FROM: AI Minner, City Mana RE: COLLIER CREEK B E DATE: Wednesday, January 08 As advised via a-mail on Friday, January 4, 2008, Dave Fisher and I conducted a meeting on Tuesday, January 8th regarding a construction alternative for the Collier Creek Canal Project. Upon review of the bids, additional information was brought to our attention, which indicates that wall construction may, indeed, be a potential. Unfortunately, the true additional cost is not yet available. However, it seems that this option may be within affordability. For the last several years this option, in my opinion, was always the preferred alternative. Nonetheless, every bit of data we collected indicated that wall construction was unaffordable, which lead to the rip-rap design. It has not been until the Collier Creek Project bid opening, that (1) significant changes in the market place have been fully realized; and, (2) information from contractors was received that indicates that wall construction may be significantly less expensive than estimated. Noted in my a-mail of January 4th, I believe this office has a fiduciary responsibility to investigate the market place. To that end, this memo is provided to update Council on the January 8th meeting. With regard to engineering the proposed alternative, the meeting identified that the alternative proposal to construct walls from CR 512 to the Barber/Lake Street Bridge for $3.6 million was incomplete. It was incomplete for several engineering questions that concern the following: SAFETY FACTOR: In engineering terms, design criteria include a safety factor for any given project. To prevent wall failure, CDM calls for a safety factor of 1.5. The contractor proposal safety factor was 1.0. CANAL WATER LEVEL: In a schematic of wall structural integrity, the contractor proposal has an incorrect water level. GEOTECHNICAL REPORTS: It was proposed that the walls be "jetted" into the soils in front of existing walls. This is a process were water cuts a small trench in which the new wall is set. The analysis of geotechnical data is critical to the design of an installation back-up plan. This was not dealt with thoroughly enough in the alternate proposal presentation. SCOUR DEPTH: No allowance for scour was included in the proposal. After discussion, it was agreed that a minimum of 6" scour depth needed to be included in the analysis. WEEP HOLES: An unclear/incomplete analysis was provided on wall weep construction. This is important for ground water escape, as water retention (on the outside of the canal) could lead to wall failure. SURCHARGE: A full analysis was not done on surcharge. In other words, additional data and information needed to be considered to account for the pressures caused by dirt, slops, storage and other improvements on the outside of the canal. CROSS SECTION: The provided cross section was typical but did not include a 12-foot total sheet length as the cost estimate indicated. A different cross section of the canal, which includes wall depth; surcharge and other engineering issues need to be computed to identify more accurate wall deflection data. CONCRETE CAP: It was determined that without cross bracing, a concrete cap was the best method of completing the wall. The concrete cap was not computed in the $3.6 million estimate. While all the above engineering data seems ominous, the major general consensus from the January 8~h meeting was that if all the above changes are made, a wall project might still be affordable. Moving forward is tricky. The biggest concern is that a very good proposal for rip-rap construction has been received and may be lost in search of a wall option. In other words, we have a "bird in hand" with the rip-rap project, but there may be "birds in the bush" if we continue down the wall path. At this stage Dave Fisher and I believe there are at least three options going forward: 1. Negotiate a project modification with value engineering (to support and sign-off on wall construction with a professional engineer) with all four rip-rap bidders only. All value engineering would be reviewed by a City Engineer/Consultant (i.e., CDM). 2. Retain City Engineer/Consultant (i.e., CDM) to prepare avalue-engineered Collier Creek Wall RFP. 3. Retain a City Engineer/Consultant (i.e., CDM) to redesign a wall project and start a completely new procurement. Note, that this option is not favored at this time, pending a review of additional information requested. Obviously one major concern is to preserve the integrity of the bid process, as well as its costs. To date this has been accomplished and the bids are good until April 16, 2008. Currently, the City Attorney is researching legal ramifications concerning the above-mentioned options. Other concerns at this time: FINANCIAL -Should additional money be required, I would propose use of DST money. This may cancel already scheduled projects and use the bulk of unallocated DST funds. In any case, provided the walls do not exceed affordability, I believe there may be a way to shift financial blocks and pay for the potential increases. TRANSPORTATION/STREET MAINTENANCE -There is some argument that as rip-rap construction occurs, significant truck traffic will impact streets, bringing additional cost that could be avoided by not using rip-rap. Please note, based on a sludge disposal site, truck traffic still could be an issue with wall construction, but far less than if we are also hauling in rip-rap. For the last four years, the City has moved methodically to ensure a successful capital project amid much debate and emotional public input. As a result, the City has gone the extra mile to please all, while sometimes pleasing no one and having a "compromised project". A final reward of walls seems to indicate moving forward rapidly to capitalize on market conditions is now a very reasonable approach. In summation, we are waiting on additional information and legal updates. As these are presented, I will come before Council with a formal recommendation. ~ n ~~= ~= ~ ~ v v m~ ~ ~ o n ~. v `Q o c~ ~ Q, y. 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