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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