Exh 3BAGENDA ITEM 3B
AUGUST 11, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 7~ Street Beach Access
SUBMITTED BY: Timmy Johnson, Parks & Recreation Director
DATE: August I, 2003
BACKGROUND: At the last Commission meeting, a few citizens spoke
concerning the landscape project at 7~' Street Beach
Access. Staffmet with the citizens and they are requesting
that the City remove all plant material and restore the azea
to its' original condition. Attached is an email sent to Staff.
The 7~' Street Beach Access Committee met with Staff
Thursday to discuss their displeasure with removing any
plants from the landscaped area. Attached is a breakdown
of their comments.
Staff recommends installing a bike rack at the end of the
sidewalk, which will not disturb any of the landscaping.
BUDGET:
RECOMMENDATION:
ATTACHMENT
The cost to install a bike rack is $1,000. If approved, the
funds would come from account number 001-6020-572-52-
00.
Install a bike rack at the end of the sidewalk.
A. Talking Points from the 7a' Street Beach Access
Committee
B. Email from Richard Allen
REVIEWED BY CITY
AGENDA ITEM 3B
AUGUST 11, 2003
Johnson, Timmy
From: Richard Allen [rotway52~yahoo.com]
Sent: Thursday, July 31, 2003 2:20 PM
To: Johnson, Timmy
5~~ '~ : Re: 7th Street Beach Access
--- "Johnson, Timmy"
<tjohnson@ci.atlantic-beach.fl.us> wrote:
Timmy-thanks for your concern in helping to resolve
this issue. Our primary concern is to restore as much
of the northern strip of this public property as
possible to it's original state of grass. To do this
would require removing the row of bushes closest to
the wall as well as at least two rows of plants. This
would restore pedestrian and bike access through that
area. Our preference would be to remove all of the
plants and re-sod the whole area. A shower at the east
end of the property who be appreciated as would a
bench and a bike rack. We have expressed our reasons
for the need to restore this property to it's previous
condition to which the public has enjoyed for years.
These changes had nothing to due with beautification
and everything to do with the Chateau homeowner's
trying to subvert the intent of the beautification
project to one which transferred this property to them
for their exclusive benefit and enjoyment. To this
extent the notice requirement was not met as a matter
of law and the project as constructed was and is
illegal. I trust we can all work together to resolve
this matter in an amicable and neighborly fashion.
Tours truly, Rick Allen, Chair &th Street Restoration
Committee
> Hello Richard,
Richard O. Allen
Attorney @ Law
152 Nassau Street
Atlanta, GA 30303
404.659.5655
fax 404. 524.0607
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AGENDA ITEM 3B
AUGUST 11, 2003
TALKING POINTS
Definitions
Access
The 7th Street Beach Access is 20+ feet wide -- enough room for
ten people abreast to walk from Beach Avenue to the beach.
Under the City-approved Beautification Program currently in
place, there is no denial of "access," which Webster's New World
Dictionary defines as "a way or means of approaching...the right to
enter or use."
That people have also chosen to walk on the elevated 6' wide
strip of grass on the North border has never been denied. It
should be noted that for the past ten years or so, the City has
not maintained that strip of land; Le Chateau Condominium
Association has included it in its lawn maintenance costs --
having it mowed every other week and fertilized and treated for
insects and weeds on a regular basis n order to prevent it from
becoming aweed-infested eyesore.
Beautification Program
More than ten years ago, the City initiated a Beach Access
Beautification Program whose publicly stated purpose is "To
encourage, through a 'share-cost' matching program
landscaping enhancements to the beach accesses and
medians in City streets. Improvements are intended to
be...aesthetically pleasing..." and "The City's primary interest is to
improve areas that are most visible to the largest numbers of
people.
Nowhere in the the Program is there any discussion of utilitarian
improvements such as bicycle racks, showers, or benches.
Relevant Recent History
Two years ago, neighbors formed the 8th Street Beach Access
Beautification Program intended to improve the aesthetics of the
then (and now) weed infested and partially barren and narrow
areas on either side of the Boardwalk.
Consistent with the guidelines and requirements of the City
program, a plan was designed, submitted, vetted by the then
citizen's Beautification Committee, and then approved by the City.
AGENDA ITEM 3B
AUGUST 11, 2003
However, because of the impending storm drainage project and
its possible impact on landscaping, the project was placed on hold
at the direction of Mr Kosoy of Public Works. After waiting almost a
year and a half, a new committee was formed to address the 7th
Street Access. Again, the objective was improving aesthetics
through landscaping.
Compliance
As before, the new committee followed the City's guidelines and
requirements -- preparing a design, which included a detailed
landscape drawing prepared by the winning vendor, and
submitting to the City for vetting. It went through two City Council
meetings, was made public, and approved in October, 2002.
Work did not begin until the spring of 2003.
It is important to note the the City expressed concern that the
Committee comply with section #4 of the Guidelines: "Group
commitment: Only those groups with strong evidence of a
continued commitment to continue the maintenance after
installation will be considered for funding. Support of a
homeowner's association or written commitment from a minimum
of five homeowners are examples." That commitment was
provided by Le Chateau Condominium Association.
Further, in the original City Program the City was to provide the
water meter and connection to the City water system. The
Beautification Committee was to provide only the irrigation system.
In a cost saving effort, the City requested that the Beautification
Committee seek out other means of irrigation. That commitment
was also provided by Le Chateau Condominium Association.
Credibility
• The neighborhood citizens' 7th Street Beach Access
Beautification Committee has complied with every
requirement and guideline of the City Program in a public
process.
• It has exercised patience and restraint since Council
approval in October 2002, waiting several months before
beginning to landscape -- leaving ample time for others to
come forward and challenge or offer changes to the project.
AGENDA ITEM 3B
AUGUST 11, 2003
While there is no written contract between the Committee
and the City, it is reasonable to assert that a binding
agreement exists between the two.
What is the message sent to all the citizens and voters of
Atlantic Beach if -- in response to two vocal malcontents --
the Council now decides to change the rules, breach an
agreement pursued in good faith, and destroy the
landscaping currently thriving alongside the Beach
Access?
Opposing Arguments
Let us consider the arguments of those who seek to undo a
reasonable and legitimate neighborhood project in compliance
with City guidelines and requirements. To what are they opposed?
We have established that:
• there is no denial of access to the beach
• the City program calls for beautification through
landscaping enhancements
• utilitarian components were never part of the program
• the area under discussion is a 6' wide elevated strip of land
bordering the access and not integral to its function
• this small area, heretofore while not necessarily "unsightly,"
certainly benefits the entire community by being improved
with attractive landscaping and does indeed achieve the
City's goal "... to improve areas that are most visible to the
largest numbers of people."
(It should also be noted that the beautification design is the
mirror image of the landscaping installed by the private
owner in the small strip of border on the south side of the
access (on City property with City permission), thus
providing an aesthetically pleasing symmetrical vista.)
AGENDA ITEM 3B
AUGUST Il, 2003
They assert:
• Le Chateau Condominium owners contributed to the cost of
the project solely to prevent people from leaning their
bicycles against its fence. If that were the case, it would be
far less expensive to contribute to the purchase of any type
of rapidly growing thorn bushes instead of the variety of
attractive shrubs currently flourishing: pittosporum, Indian
hawthorn, juniper, oleander and seven expensive palm
trees.
• A bicycle rack, bench, and shower would better serve a
larger population of beachgoers.
Bicycle rack: over the past several years we have noted
rare instances of beachgoers who arrive by bicycle. Most
beachgoers in this area are families and couples who carry
beach chairs and children's strollers or -- in large measure
-- surfers who walk, carrying their boards. But, if deemed
appropriate, is best located at the foot of the access where
the cement begins
Bench: who wants to sit on a bench in the beach access
where the vista is impeded by the dune (which after
restoration will be almost twice as high as it is now) when
the beach is available?
Shower: if appropriate, is best located at the foot of the
access where the cement begins. Note, however, that there
is no water available unless the City runs a line from Beach
Avenue. But such action would be at odds with the cost
savings goals intended by removing City water meters from
the program and seeking alternative water supplies.
It appears that opposition to the completed program is counterproductive and perhaps
even vindictive and mean spirited. Indeed, at least one of those opposed has boasted
publicly that his goal is "to remove "all those plants." (emphasis added). Why? No
one's access to the beach is impeded. This small strip of land is not really part of the
access pease. It is peripheral. It is border. It is decorative.
Prudence and reason dictate that the 7th Street Beach Access Beautification project --
consistent with all the objectives of the City program as well as with its guidelines and
requirements -- be left in place for the enjoyment of all Atlantic Beach citizens and
visitors who pass through it.