Exh 3BAGENDA ITEM #3B
JUNE 24, 2002
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA TEEM: City Right-of--Ways
DATE: June 17, 2002
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
Purpose: The purpose of this report is to discuss City right-of--ways, the availability of public
pazking, and the problem of citizens placing obstacles on the right-of--ways. A variety of options
(public policies) will be discussed relative to correcting problems and offering guidance for the
future.
There appeaz to be two (2) central issues to this concern. The first is to determine the appropriate
mechanism for the recovery of pazling that has been eliminated by citizens, and the second issue
is to establish policies and procedures to address future attempts to eliminate pazlang.
I. Right-of--ways
For the purposes of this report, the Cityright-of--ways are the properties within the city that
aze typically located between private property lines. They aze most often the sections of
property on which streets and roads are located, and they include the property for public use
between the paved roadways and the private property lines.
Right-of--ways vary in size and width according to how the property is platted. It is necessary
to note that the City does not have a standazdized width of the right-of--way. In some
locations the right-of--ways are less than 20 feet, and in other azeas they are more than 60 feet
wide. One can determine the locations through a review of the plat maps, or with a
professional survey. However, a simple way to determine the right-of--way locations is to
view the property, and to utilize the location of the utilities as a guide. Utilities, which
include electric lines, telephone lines, cable television boxes, and similaz structures, aze
typically located on the right-of--ways: The presence of utilities usually indicates that the
property at that location is on the right-of--way.
II. Parking
Public parking is an ongoing issue throughout the State of Florida and the City of Atlantic
Beach. There are areas of the state where all public parlang and public beach access has been
eliminated, especiallyin areas dominated by lazge, oceanfront hotels and condominiums. The
state has been malting an effort to assure public access and public pazling in beach
communities. This has been tied to grant applications and renourishment projects in various
locations throughout the state. In Atlantic Beach, a great deal of funding has been provided
through federal and state grants for beach renourishment and dune ovenvalks. Two of the
concerns consistently expressed by the funding agencies, is the necessity for public pazlang
and public beach access.
AGENDA ITEM #3B
JUNE 24, 2002
Aside from the funding issues, the beach is the lazgest recreation area in Atlantic Beach, and
the City Commission has consistently recognized the need to provide and protect public
access and pazking for citizens. In the past, the City has repeatedly reviewed pazking
issues in an attempt to provide beach. access for citizens.
III. The Problem
Over the yeazs, some citizens have made unauthorized changes to the city right-of--ways and
eliminated public pazking. Tn many cases, citizens, with the best of intentions, landscaped
and beautified the rightof--ways. At the personal expense of the citizens, they added flowers,
shrubbery, irrigation, rocks, timbers, and other items in an effort to beautify their property
and their neighborhood. In some cases, they effectively eliminated public pazking that had
existed prior to the landscaping.
It is also appazent that some citizens went to little expense and placed items on the right-of--
way with the intent of eliminating public pazking. There aze a number of locations where
unsightly obstacles have been placed on the right-of--ways to prevent the public from pazking
at that location.
The result of these unauthorized modifications to the rightof--ways has been to significantly
reduce public pazking, which has an adverse impact on the citizens of Atlantic Beach, as well
as others who visit our community.
IV. Options
There are many options and alternatives relative to addressing these problems, and the
attachments include a variety of possibilities for consideration. As one might expect, every
option has advantages and disadvantages.
This issue has been discussed for many years by various City Commissions, but long term
policies have not been adopted. In the absence of guidance, the problem has been allowed to
proliferate.. Specific guidance is necessary if the City Commission wishes to address the
existing situation and prevent the further elimination of public pazking.
BUDGET: None
RECOMMENDATIONS: Options
ATTACHMENTS: None
REVIEWED BY CTTY MANAGER; ~i
AGENDA TTEM NUMBER:
AGENDA ITEM #3B
JUNE 24, 2002
Options Relative to Rightoi-Ways
12Jun-02
Recovery of Public Parking Spaces
Optoon #1 Identify all obsWC0ons aril remove all unauthorized Items
Advantages
Greatly inuease the available public parking
Simplicity and Objectivity In enforcement, no complaints of favoritlsm
Disadvantages
May be viewed es extreme
Backlash from citizens would be expected
Would eliminatasome beautiful landscaping
Option #2 Establish a committee, inGuding ci0zens, to review the Ioca0ons and make recommenda0ons
Advantages
Will allow decision makers to use judgment, flexibility, and common sense
Inclusion of citizens might result in better understarWing and acceptance of decisions
Has been successfully done in the past
Disadvantages
Citizen committees may take a long tlme to organize and make decisions
Composition Of the committee would ba critical to success/accomplishing functions
Disagreements/appeals over committee recommandatlons can create difficult, tlme-
consuming problems for staff antl elected officials
Option A3 Assign City staff to review the loptions and make the decisions/recommendations for resolution
Advantages
Effectiveness and timeliness can 6e enhanced as compared to committees
Staff may have knowledge and experience to resolve problems faster than committees
Staff is likely to stay on task
Guidance from elected officials
Provides flexibility, common sense, and judgment
Disadvantages
Lack of input from the public
Requires staff time to perform the work and resolve problems
Option #4 Acceptor "grandfather in' existing condi0ons, and set pclicies "...from this day forward..
Advantages
Avoids Immediate conflict with Gtizens
No staff time required
Disadvantages
Numerous parking spaces have already been lost, and none will berewverad
Lacks demonstative commitment to actually dealing with the problem
AGENDA ITEM #3B
JUNL 24, 2002
Policies for the Future
Option fH No one will be allowed to place anything on the rightof-ways that would reduce public parking
Advantages
Application of policy is simple and objective
Will protect public parking in the future
Disadvantages
"Zero tolerance" predudas the exercise ofjudgment and common sense
Option ill Establish an application and approval process for anyone desiring to make alterations
to the righlof-way
(Establish board to review this process)
Advantages
Provides flexibility, common sense, and judgment
May provide citizen participation in the process
Disadvantages
Public parking will continue f4 be eliminated
Requires establishing a board, membership, administration
Option fp Handle problems on a complaint basis... H no one complains, then there is rw problem
Advantages
Doesn't create problems where they don't exist
Requires the least amount of effort and staff time
Provides great freedom to citizens
Disadvantages
Public parking will be reduced end eliminated
People who are the most effected are the least likely to make complaints
(visitors)
Will create the perception of subjectivity in enforcement
Demonstrates a lads of commitment to resolve the problem
Option N4 Require all additions to rightof-ways to be reviewed and approved by staff
with the expectation that public parking will be protected
Advantages
Likely to achieve timely decisions
Likely to stay on task, protecting public parking
Provides some flexibility, common sense, and judgment
Guidance from City Manager and elected officials
Disadvantages
Requires staff time
Lack of direct dtizen participation