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Minutes / 06-02-99r ` Y MINUTES OF THE SPECIAL CALLED MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS AT 6:25 P.M. ON WEDNESDAY, JUNE 2,1999 Present were: Suzanne Shaughnessy, Mayor Richard Beaver, Commissioner Mike Borno, Commissioner John Meserve, Commissioner Theo Mitchelson, Commissioner David Thompson, City Manager Robert Kosoy, Public Works Director Donna Kaluzniak, Assistant Public Works Director Julie Brandt, Secretary Also present were: Jerry Holland, Council Member-Elect of the City of Jacksonville Ed Jones, Councilor from the City of Neptune Beach The meeting vas called to order by Mayor Shaughnessy at 6:25 p.m. 1. Discussion and possible action relative to the proposed flyover at the intersection of "'~ Mayport Road and Atlantic Boulevard Mayor Shaughnessy indicated that the meeting was being held to discuss the Jacksonville Transportation Authority (JTA) flyover presentation given during the Workshop Meeting held just prior to this meeting. Commissioner Meserve believed it was important for the Commission to urge the JTA design, if at all possible, to allow a left turn lane or u-turn under the ramp for traffic going north on Mayport Road. He felt the Commission should emphasize the need for the left turn lane and perhaps they would look a little harder to include it in the design. Commissioner Beaver agreed with Commissioner Meserve on the u-turn issue and indicated he wanted additional design work on the lights because he was not convinced lights could not be installed in the wall. He expressed concern that the proposed lighting would illuminate the entire area, not just the flyover. He felt additional information was needed. Mayor Shaughnessy indicated that initially the Commission supported the flyover by a three to two vote, and now the position of the Commission was not to support the flyover. She felt that discussion of landscaping and lighting, while useful, were not relevant at this point while investigating how to stop the project. Commissioner Borno stated it was his understanding that when the project was completed, you F Minutes Page -2- Special Called Meeting June 2 1999 could still come east on Atlantic Boulevard, go along the service road until you get to Florida Boulevard and make a left turn onto Mayport Road. He questioned that if this was the case, then why was the JTA building the flyover. He felt the flyover had nothing to do with evacuation from the island. Commissioner Beaver felt the left turn lane was needed in case a car missed getting into the lane for the flyover. Commissioner Beaver felt the flyover would help with evacuation, and recounted that a few years ago the Mayor's office had issued a notice for a possible evacuation which caused severe traffic problems from citizens who were trying to get back to the beach. Commissioner Borno inquired if the city had ever received an estimate from the JTA to relocate utilities. Public Works Director Kosoy stated that no estimate was ever received, however, approximately $60,000.00 had been budgeted for the project. He further stated that the cost would depend on whether or not the waterlines under Mayport Road and the effluent outfall line shared with Neptune Beach, which is near the proposed berm, would have to be relocated. He indicated that if the piers required to support the structure go through the waterlines, then there would be a cost to the city. Mayor Shaughnessy then opened the floor for public comments. William McGee of 1831 Selva Marina Drive stated he needed more information on traffic flow and expressed concern for the problems caused if Mayport Road traffic is detoured onto Plaza during construction. He felt businesses such as Publix would be adversely affected during construction of the flyover. Joe Posch of 142 Magnolia Street stated he opposed the project, and expressed concern that the residents from Section H would not be able to get to the bus stop on Mayport Road. He felt the bridge widening and flyover projects were out of sequence and the bridge widening should be completed before the flyover. Susan Posch of 142 Magnolia Street opposed the project and stated it had already negatively impacted real estate sales in Section H. Dan Goulet of 2217 Cypress Landing Drive, representing the Church of God located at 680 Mayport Road, stated the church was growing and he had safety concerns for the parishioners who walked to church and lived on the east side of Mayport Road. He stated that the barrier wall, which extends to Eighth Street, will make it difficult for them to cross the road. Don Phillips of 15b6 Park Terrace West stated he supported the Commission and did not favor the project. He felt the flyover should not be constructed before the effects of Wonderwood Minutes Page -3- ` Special Called Meeting June 2 1999 were known. Alan Potter of 374 Second Street opposed the project due to the high costs associated with building above grade, the potential for more collisions on Mayport Road and the taking of commercial property from the tax roll for right-of--way. Mr. Potter then offered. his suggestions for construction of the flyover and location of retention ponds. Stephen Kuti of 1132 Linkside Drive opposed the project and suggested the Commission write to Gov. Bush for assistance to stop the project. Ed Jones, Councilor from Neptune Beach, opposed the project due to the visual effect of the flyover and the increase in traffic. He questioned the projections used by the JTA when determining the need of the flyover and the basis for those projections. He felt Wonderwood would be the route of choice for citizens going to Mayport. Councilor Jones stated that over the years elected officials have had varying opinions concerning projects, but he wanted to know the procedures used by the JTA to gain public input and the outcome of that input. He further stated that if the flyover was built, he would like to know if the JTA had addressed pedestrian safety for walking or biking across the intersection. He also believed there should be alternative lighting options for the flyover. Mayor Shaughnessy believed that the JTA had not addressed the pedestrian safety issue and that the project vas designed to move traffic. She shared the same concerns expressed by Councilor 3ones and briefly explained public input on the project began in 1994 or 1995 and the process used by the JTA. The Mayor commented that four alternative plans for the intersection were presented at that time and none of them were the flyover. J.P. Marchioli of 414 Sherry Drive stated his opposition to the flyover and commented on a bulletin he had received in the mail from the JTA and presented the Commission a copy of his response to the article. Mr. Marchioli's letter is attached and made part of this official record as Attachment A. There being no further public comments, Mayor Shaughnessy closed the public hearing. Mayor Shaughnessy expressed disappointment that the JTA representatives had come to the meeting unprepared and had not presented the requested information. She stated that her reasons for opposing the flyover remained the same, except an additional reason had been added to her list -the lack of an additional evacuation lane. The Mayor felt the Beach Boulevard bridge needed attention more than the Atlantic Boulevard bridge and should hold top priority. She felt taxpayer dollars were being spent with no oversight, no elected representation and without regard to public opinion of the project. Mayor Shaughnessy felt the idea of talking to people Minutes Page -4- Special Called Meeting June 2~ 1999 in Tallahassee had merit, and felt the Commission would have to decide if it wanted to pursue legal action against the JTA based on the city's height ordinance, the process used by the JTA, or on the negative impact on the established quality of life in Atlantic Beach. Commissioner Meserve stated he had no problem with the elevated design portion. He did not believe, as he had heard stated, that the project would destroy the beaches forever. He stated that each person had his own opinion of the beauty relative to the project, and it might be more favored if it cut down on the person's travel time. Commissioner Meserve believed that if the choice was between doing nothing and building the flyover, then the flyover should be built because it would be unmitigated disaster not to build it. He believed that the argument that the flyover violated the city's height ordinance lacked merit and nothing would be gained by pursuing legal action. Commissioner Meserve also stated that he had not been convinced that the design would not work and he would have to go with the engineers who say it will work. He felt the intersection improvements were needed and the project should move forward as soon as possible because any more delays would result in increased costs. Commissioner Borno felt the flyover provided no benefits to the residents or businesses located within the first eight blocks of Mayport Road. He felt the speed limit was set too high on Mayport Road and expressed concern for citizens turning left into the post office. He felt the speeding problem which already exists on Mayport Road would be compounded by the flyover and cause additional problems at the post office, which is located only two blocks from the end of the flyover ramp. Commissioner Borno concurred with the Mayor's concerns, and felt that no matter what had been expressed by the citizens and Commission, the JTA was determined to complete the project. Mayor Shaughnessy suggested that the Commission collaborate on a letter to be sent to Governor Bush, the Florida Department of Transportation in Tallahassee, and the Jacksonville Transportation Authority. The Mayor felt the letter should contain the following: (1) the city is disappointed that the JTA took the position of being unapproachable, unavailable and unwilling to take further public input with regard to design, (2) wording that the community does not want the flyover, and (3) address issues concerning quality of life and traffic circulation. It was also suggested that the letter ask for an appointment with the officials to discuss the issues. Commissioner Borno supported the Mayor's suggestion, but felt it would have to go further. He then inquired of Councilor Jones as to how the City of Neptune Beach got the FDOT to stop the proposed widening of Third Street (A-1-A). Councilor Jones responded that it was his understanding that the city had expressed their opposition early on in the process during the feasibility study which made it easier to stop the project.. Commissioner Mitchelson reiterated his opposition to the flyover. He stated that according to Minutes Page -5- Special Called Meeting June 2 1999 case law he had read, the JTA was an authority, and the powers given to them as an authority, would allow them to go forward with the project even if the city objected. He believed the (era( acf~vc Z"pro~would not be City of Atlantic Beach taxpayer's money well spent. Commissioner Beaver favored the project and believed it was too late in the process for the JTA to abandon the project. He believed the improvements were needed to improve traffic flow onto Mayport Road and for evacuation purposes. He did not favor entering into litigation. Mayor Shaughnessy inquired if anyone favored hiring a specialist lawyer such as John DeVault, for a professional legal opinion to see if the city had legal grounds to object to the flyover project. Mayor Shaughnessy moved to hire a specialist lawyer, John DeVault, to obtain a professional legal opinion to see if the city has legal grounds to object to the flyover project. The motion carried by a three to two vote with Commissioners Beaver and Meserve voting nay. Commissioner Borno felt the Commission would be remiss if they did not send the letters previously discussed. It was discussed that all avenues should be taken and the letters should also be sent to local elected officials and the Duval Delegation. Dorothy Kerber expressed her opposition to the flyover and felt there would be a chance to stop the project if a letter writing campaign to local, state and national representatives was launched. Commissioner Beaver suggested that a limit should be placed on the lawyer's fee and inquired as to the authority of naming a specific attorney to give the opinion. City Manager Thompson explained that the existing City Attorney's contract allowed him to select a speciality lawyer for the city, if needed. Discussion ensued concerning placing a dollar limit on the attorney's fee. It was suggested that City Manager Thompson bring the attorney's fee back to the Commission. Discussion ensued concerning drafting a letter to the various elected officials, and it was decided that the Mayor and Commissioners Mitchelson and Borno would meet with City Manager Thompson to draft the letter. Commissioners Beaver and Meserve stated they would not sign such a letter and Mayor Shaughnessy requested the City Attorney's legal opinion of such action. Minutes Page -6- Special Called Meeting June2 1999 There being no further comments or business to come before the Commission, the meeting adjourned at 7:45 p.m. Suzanne Shaughnessy Mayor /Presiding Officer ATTEST: Julie M. Brandt, Secretary. ''? ATTACHMENT A `~ ~ JUNE 2, 1999 SPECIAL CALLED MEETING r ~ ~ ~~ j~~ 414 Sherry Drive ~ Atlantic Beach, Fla, 322: Mr, Jack Gabriel, Project Coordinator Jacksonville Transportation Authority 100 Myrtle Avenue Jacksonville, Florida 32203 SUBJECT: Atlantic Boulevard/Mayport Road Interchange Article in your Annual Report, Dear Sir: First, it is not an 8. ?million dollar project as y'all have stated, it is a 17, 4 nziliion dollar project. Money is not free! Secondly, ~a single lane, to the extent planned is not safe, We do have early morning, low lying, fog out here at the beaches, Thirdly, a wreck on the bxidge vrould be very difficult to service; and, the resulting traffic delay far worse than the present situation (conditions), 1 Fourth, y'all are going to have to do a lot of convincing (And you will not), that the single lane flyovex is superior to and extended (YOU HAVE ALMOST A MILE AVAILABLE BACK. TO THE IN TRA.COASTAL FRIDGE) two lane, eastbound, off ramp from Atlantic Boulevard to Mayport Road (Northbound) with a shorter third lane for Southbound traffic, right hand turn, for Florida Boulevard, Avery inexpensive project. Fifth, We all know that when the current improvement to Atlantic Boulevard is'complete, all the traffic control equipment will be synchronized for all other and early morning and late afternoon Mayport traffic. Provided that it is done correctly, of course, This will be a major improvement ! As well, completion of Wonderwood Connector, already under construction on the east end, will be a God send. Last of all, I am sure that y'all are well aware of the problems that will result, if the flyover is constructed, FOR ALL RESIDENTS AND BUSINESSES west of Mayport Road in that area. When I say PROBLEMS, i mean PROBLEMS ! ( 'ncerely yours JPM/jpm _ J, P. (Marc) Marchioli cc: Beaches Leader ~ --~--~" File