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Commissioners support latest Key Royale parking proposal

Commissioners support latest Key Royale parking proposal

HOLMES BEACH – Parking along Key Royale Drive from Marina Drive to the bridge will not be limited to the north side of the street as previously discussed by city commissioners on Feb. 25.

When discussing the issue again on March 11, four of the five Holmes Beach commissioners expressed support for an alternative approach proposed by Public Works Director/City Engineer Sage Kamiya and supported by Mayor Judy Titsworth and Police Chief Bill Tokajer.

“It looks like the best way maybe to handle some of our parking issues is to move the sidewalk on the south side of the road so folks can park on either side,” Kamiya said when initiating the follow-up parking discussion on March 11.

To create enough space for legal parking along the south side of Key Royale Drive, the existing sidewalk will eventually be removed and a new sidewalk will be installed 3 feet further to the south. The new sidewalk will still be located in the city-owned right of way and not on privately-owned property.

Commissioners support latest Key Royale parking proposal
The sidewalk on the south side of Key Royale Drive will be replaced with a new sidewalk located 3 feet further to the right. – Joe Hendricks | Sun

The city’s code of ordinances already requires vehicles to be parked with all tires off the roadway and moving the sidewalk will create more space to park in accordance with that city law. City code also prohibits parking on a sidewalk and currently there’s barely enough space, or not enough space, to park with all tires off the sidewalk and the road along the south side of the street.

During the March 11 meeting, Titsworth said the latest proposal would provide the space needed for landscaping and construction vehicles to legally park alongside Key Royale Drive with all tires off the pavement.

To create more space for parking along both sides of the street those who own property between 506/507 and 532/533 Key Royale Drive will receive letters from the city asking them to remove any landscaping or other obstacles placed in the city right of way. Mailboxes and driveways do not have to be removed from the right of way but other items left in the right of way can be removed by the city.

Commissioners support latest Key Royale parking proposal
Existing landscaping elements may be impacted by the right of way clearing and the sidewalk relocation. – Joe Hendricks | Sun

Commissioner Dan Diggins said the proposed solution would impact 28-29 properties and Kamiya agreed with that estimate.

Titsworth said city commission approval isn’t needed to maintain and enforce the current parking allow­ances and regulations but the sidewalk installation contract will be brought to the commission for future approval of the proposed expenditure.

Kamiya estimated the new sidewalk would cost approximately $107,000. He said funds previ­ously budgeted but not spent on a proposed Sixth Avenue sidewalk project could be used to pay for a new Key Royale Drive sidewalk.

The parking proposals stem from complaints received from Key Royale residents concerned about the safety hazards posed by land­scaping and construction vehicles parking in the road or partially in the road. Those commercial parking activities narrow the travel lanes and force drivers into the other lane and into oncoming traffic. Titsworth said Key Royale Drive serves as a main thorough­fare for hundreds of homeowners and can no longer be viewed as a side street in terms of how it’s used and regulated.

Commissioners support latest Key Royale parking proposal
Drivers are forced into the oncoming travel lane to avoid commercial vehicles parked in the street. – Joe Hendricks | Sun

Commissioner Carol Soustek said, “I like the fact that they’re doing it on both sides. I heard from at least one member from Key Royale that likes it very much. I had nobody come to me and say ‘I don’t like it.’ ”

As she did during the Feb. 25 discussion, Commissioner Carol Whitmore opposed the proposed parking solution.

“It could be a potential safety issue but that could be anywhere so why wouldn’t you do it citywide?” Whitmore said. “And now we’re paying for a sidewalk, to move it, which makes no sense fiscally because it’s perfectly fine, so I won’t support this.”

Related coverage:
Alternative Key Royale parking solution proposed
Key Royale Drive parking restriction proposed

 

FDOT sidewalk still concerns city officials

FDOT sidewalk still concerns city officials

UPDATED JAN. 14, 2022 – BRADENTON BEACH – City officials are not yet willing to accept the maintenance responsibilities for the brick paver sidewalk the Florida Department of Transportation (FDOT) installed along Gulf Drive North.

Before doing so, the city commission wants the city’s contracted engineering firm, Colliers Engineering, to conduct an independent review of the FDOT project.

Using large brick pavers, the sidewalk was installed in the FDOT-owned right of way along the eastern side of Gulf Drive North, from the S-curve at Avenue C to 10th Street North. The installation began in early October.

FDOT sidewalk still concerns city officials
Installation of the brick paver sidewalk took place near the Runaway Bay condominiums in October. – Joe Hendricks | Sun

During the Thursday, Jan. 6, city commission meeting, Mayor John Chappie said Public Works Director Tom Woodard received an email stating FDOT accepted the project as finalized.

“We weren’t there to do the final inspection,” Chappie said. “We still have items that we haven’t received yet. I think it’s a perfect opportunity for us to use Colliers and their expertise to look at this and determine the quality of work done and what we’re getting into if the city accepts this. I’m not satisfied with it. I have concerns about the public safety. I’m concerned about the unevenness. It only takes a little bit of a misstep and you’re flat on your face.”

Woodard told the commission he received an invitation to attend the Dec. 14 walkthrough but he was unavailable that day. He said he was informed of a second walkthrough, which he believed was later canceled. Woodard said he also received an email stating FDOT had accepted the sidewalk project as finalized.

Chappie said the city has asked FDOT’s project team for copies of its as-build plans, earthwork records and soil compaction tests.

“In my opinion, if you’re in a FDOT right of way you have to have compaction tests,” Chappie said.

Woodard said he wasn’t sure whether the FDOT contractor did soil compaction tests for the sidewalk project. He noted compaction tests are often used when installing crosswalks and parking areas subject to heavy vehicular traffic.

FDOT response

On Tuesday, Jan. 11, The Sun received the following email response from FDOT Communications Specialist Adam Rose.

“The department invited the city of Bradenton Beach to both the 90% walkthrough of the project that took place on 12/14/2021 and the 100% final walkthrough that took place on 12/27/2021. The city did not have a representative that was present during those walkthroughs, nor did we receive any requests for rescheduling or cancelation. Working with local governments is important to the department and we always look forward to finding the best solutions facing the communities we serve,” Rose stated in his response.

Lingering concerns

Chappie noted the city, in September 2020, entered into an agreement with FDOT to maintain and repair the completed sidewalk. City Attorney Ricinda Perry said former City Engineer Lynn Burnett brought the proposed FDOT project to the city but she and her LTA Engineers firm are no longer involved with the project.

FDOT sidewalk still concerns city officials
A sample of the oversized brick pavers, on the left, was presented to the city commission in May. – Joe Hendricks | Sun

In May 2021, the commission was presented with a sample of the oversized brick pavers to be used for the sidewalk project, which at that time raised concerns. While the installation was underway in October, the commission expressed concerns about potential tripping hazards and the manner in which the brick pavers were being installed.

Woodard told the commission he shares the mayor’s concerns.

FDOT sidewalk still concerns city officials
The sidewalk installation required repairs to the adjacent bike lane. – City of Bradenton Beach | Submitted

“I don’t have an issue with sweeping it once we have a sweeper. My issue is with the work that was done in the bike lane and adjacent to the bike lane. It’s a patchwork of asphalt. I just don’t have a lot of confidence in it. If they wanted to continue to maintain the bike lanes and the striping and the asphalt, I don’t have a problem with that, but that’s not what the agreement was,” Woodard said.

FDOT sidewalk still concerns city officials
Asphalt from the bike lane patches can be found in the spaces between the brick pavers. – City of Bradenton Beach | Submitted

When contacted later, Woodard explained that in some places there’s asphalt from the bike lane patches in the spaces between the pavers, which inhibits rainwater from draining into the drainage system below.

“We were excluded from the final sign-off, yet the city is contractually obligated for maintenance in the future,” Perry said. “If we feel this is not built to standards that are in the best interest of Bradenton Beach, and provide health, safety and welfare for the folks using it, we need something to back that up in order to address the legal obligations in the contract for maintenance. Having a professional opinion prepared by an engineering firm puts the city in the best position of strength.”

Commissioner Jan Vosburgh asked Perry if the city can be held responsible if someone is injured while using the new sidewalk.

“Right now it is in the FDOT right of way, it is a FDOT project and FDOT is claiming that it was done to the proper standards that would eliminate falls and hazards to the public using it,” Perry said.

Perry noted that in a litigious society the city could still be named in a lawsuit if a sidewalk user is injured while the maintenance responsibilities are being resolved.

Vosburgh asked if the sidewalk responsibilities can be legally transferred to FDOT. Perry said the only legal approach she sees at this juncture is to make a claim that the completed project is outside the scope of what the city accepted in the signed agreement; or that the completed project does not satisfy the city’s safety requirements because the city considers the sidewalk to be unfinished and unsafe.

“I can’t get to that step until I feel I have the evidence to support the city, and that evidence I’m asking for is an engineering review,” Perry said.

Perry recommended the commission adopt a motion that formally states the city is postponing its final acceptance of the FDOT project until all requested documents have been received from FDOT and an independent review has been conducted by Colliers Engineering.

The commission adopted the recommended motion after first adopting a separate motion authorizing Colliers to perform the requested engineering review, and to also review two unrelated potential grant-funded projects at a total cost not to exceed $10,000. One of the additional engineering reviews pertains to a potential Gulf Drive North landscaping project and the other pertains to a stormwater-related hazard mitigation grant.

The commission passed a third motion directing Perry to prepare a legal opinion regarding the city’s maintenance obligations for the new sidewalk.

As of late Monday morning, FDOT had not provided comment to The Sun regarding the city’s concerns.