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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 Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software http://sitebuilder.yahoo.com 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.