Exh 3aAGENDA ITENf. #3A
DECE1~IIiER 8, 200
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Replacement Sidewalk at Corner of 5`~ Street and Sherry Drive
SUBMITTED BY: Jim Hanson, City: Manager
DATE: December 1, 2003
BACKGROUND: The need to acquire a small piece of property from a homeowner at the
southeastern corner of the intersection of Sherry Drive and 5`h Street was
brought to the Commission at the meeting on November 10, 2003. The
owner, Tricia Lawrence, explained to the Commission at that time she had
concerns about drainage on her property and the ability to expand her
home in the future that both may be affected by the reinstallation of a
sidewalk in front of her house. The matter was referred to the staff to
meet with Ms. Lawrence to discuss the issues to see if a mutually
agreeable solution could be obtained.
Since that time, Ms. Lawrence has not agreed to meet with the City Staff.
Although she has told both the staff and Mayor Meserve that she is willing
to meet to discuss the issues, every time that she has been called, there
have been numerous scheduling problems. It is staff s opinion that she
does not want to meet to discuss these items and would simply prefer that
the sidewalk not be reinstalled in front of her house. Consequently, this is
to report back to the Commission that staffhas been unable so far to even
discuss the sidewalk with Ms. Lawrence.
There are three options available to the City at this time, The first is to do
nothing. This would mean that the sidewalk would stop on 5`" Street
approximately 100 feet away from its intersection with Sherry Drive. We
do not believe that the extension of the sidewalk on the north end of
Sherry Drive for several hundred feet to connect with Sherry Drive is a
realistic possibility. The second option is to narrow the radius on the
southeast corner of the intersection so that a standard width sidewalk can
be built over the present catch basin and street. Staff is attempting to get
an estimated price on this work from the City's contractor prior to the
commission meeting. This option would certainly be an unusual layout
and may encourage vehicles to ride over the corner onto the sidewalk
when making a turn eastward onto 5`~ Street. The third alternative is to
obtain the necessary property from Ms. Lawrence to build a standard
sidewalk as proposed in the last staff report. It does not appear, from the
layout of her property, that the reduction of the front property line in this
corner by a couple of feet would have any impact on her future ability to
expand the house. A copy of the property survey is attached. The corner
AGENDA ITEM #3A
DECENTBER 8, 2003
in question is farther away from the front of the house than the rest of the
property line along 5`h Street. It is possible for the City to acquire only an
easement for the sidewalk rather than title to the property itself, which
would therefore have no affect on setback provisions. However, Ms.
Lawrence has been unavailable to discuss this option over the last several
weeks.
BUDGET: ~ Staff is attempting to get an estimate of the cost of the option for the
second alternative by the time of the meeting. The "do nothing" option
would have no cost and the cost for the acquisition of property would be
minimal giving the very small amount of property needed in this case.
RECOMMENDATION: That the City Commission authorize the use of eminent domain to acquire
the necessary property to build the sidewalk as proposed and discussed
during the last commission meeting. Governments are authorized the
power of eminent domain to acquire property at a fair price to the owner
when the overall good of the community is served. Without this authority,
streets could not be built or widened and many other public projects would
be impossible. There is no question that the Core City Drainage Project
brought dramatic advantages and improvements to virtually all that live in
the Core City area as well as those who have to travel through it after
major storms. There is also little doubt that the sidewalk on 5`~ Street
should connect to Sherry Drive, as it has for many years. Our City Code
requires sidewalks in new subdivisions and they are great safety
enhancements, particularly for children in the vicinity of public
elementary schools. If the City Commission authorizes the use of eminent
domain in this instance, then staff would again try to meet with Ms.
Lawrence to resolve the issue without taking any legal steps.
If the City Commission does not agree to proceed with the acquisition of
the property, then the second best recommendation would be to extend the
sidewalk by narrowing the radius.
ATTACHMENT: *1) Pictures afproperty at 5~' Street and Sherry Drive
*2) CAD drawing of proposed sidewalk over catch basin by narrowing
radius
*To be shown at City Commission Meeting
NOV-11-03 TUE 01:31 PM BOATWR IGHTiDURDEN SURVEY 904241 aaas - AGENDA ITEM#3A
DECEMBER 8, ?003
MAP S H O W I N G S U R V E Y O F
LOT THIRTY-NINE (39), BLOCK SIX (6), PLAT No. ONE (1), SUBDIVISION 'A', ATLANTIC BEACH, ACCOROINC TO A PLAT
THEREOF RECORDED IN PLAT BOOK S, PACE 89, CURRENT PUBLIC RECORDS OF OWAL COUNTY, FLORIDA; TOGETHER
WITH THAT CERTAIN UNNUMBERED STRIP OF LAND LYING BETWEEN SAID LOT THIRTY-NINE (39) AND OLD SHERRY DRNE
AS SHOWN ON SAID PLAT; SAID UNNUMBERED STRIP BEING 80UN0 ON THE EAST BY SAIp LOT THIRtt-NINE (J9), ON
THE SOUTH BY THE SOUTHERLY LINE OF LOT THIRtt-NINE (39) EXTENDED WESTERLY TO OLD SHERRY DRNE. DN THE
WEST BY THE EASTERLY LINE OF OLD SHERRY DRNE AND ON THE NORTH BY 7HE SOUTH LINE OF FIFTH STREET,
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. wm•L"roR AND -IAPPER.• FLORIN UC, SURVEYOR and I.LWPER No. LS 3293
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FILE ~oo~-nor` 1300 R08ERTS DRNE, JACKSONMLLF 8Fi1CH, AUGUST 26. 7007
FLORIDA 241-8550 SHEET
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AGENDA ITEM #3A
DECEMBER 8, 2003
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