HomeMy WebLinkAbout1999 03 08 Regular Item D
COMMISSION AGENDA
ITEM D
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
March 8, 1999
Meeting
MGRVIDEPT fr
Authorization
REQUEST: Public Works Department Requesting Direction from the City Commission to
Resolve Access Issues with Ray Bradshaw.
PURPOSE: The purpose of this Board item is to request direction from the City Commission to
Resolve Property Access Issues with Ray Bradshaw of 320 Hayes Road.
CONSIDERATIONS:
The agenda item is needed to provide staff with direction relative to requests by Ray
Bradshaw for an additional driveway culvert and also the vacation of the unimproved Stoner
Road right of way west of Hayes Road.
The City completed roadway and drainage improvements to Hayes Road in January of
1998. The project included pavement, swale drainage, and culvert installations at existing
driveways. Mr. Ray Bradshaw of320 Hayes Road contacted Public Works in approximately
May of 1998 requesting that a driveway culvert be installed along the west side of Hayes
Road adjacent to the unimproved Stoner Road right of way. The culvert would provide a
secondary access to the south side of Mr. Bradshaws property which he represented he has
historically used. The engineering survey and preconstruction video do not show an active
driveway although a path through the woods can be observed in the field. The materials cost
for the culvert is approximately $1,000. 1
The Utility/Public Works Director advised M Bradshaw that he could not support his
request for an additional culvert but the matter could e further discussed with the City
Manager. On November 17, 1998, Mr. Bradshaw met with the City Manager and
March 8, 1999
Regular Agenda Item D
Page 2
Utility/Public Works Director to review the issues. The City Manager culminated these
discussions with a memo dated January 13, 1999, a copy of which is attached. Mr. Bradshaw
responded with a memo dated February 2, 1999, a copy of which is attached. The Public
Works crews are working on removing the dead trees cut down on Mr. Bradshaw's property.
Mr. Bradshaw's property has numerous code violations including abandoned vehicles,
equipment and construction materials.
ISSUE ANALYSIS:
There are two issues relative to this matter. First, is the City obligated to provide Mr.
Bradshaw a secondary access point from the unimproved Stoner Road right of way. No right
of way permit is on record for this access nor was it an actively used driveway at the time of
construction. Mr. Bradshaw represents that the lack of proper grading/road maintenance
precluded him from using this for about the last ten years.
The second issue is the abandonment of the Stoner Road right of way. The western
end of Stoner Road terminates at the eastern boundary of the "Arbors" which is currently
developed with single family homes. No opportunity exists for the extension of Stoner Road
and it is a candidate for abandonment. The unimproved right of way also has a significant
amount of old construction materials (steel casings, concrete pipe, rebar, etc.) in addition to
the 20 or so dead trees which were cut down in place to eliminate any hazard to the adjacent
properties.
RECOMMENDATION:
It is recommended that the City abandon the Stoner Road right of way and provide Mr.
Bradshaw with a second driveway provided that Mr. Bradshaw first removes the debris from
the right of way and brings his property into code compliance.
March 8, 1999
Regular Agenda Item D
Page 3
IMPLEMENTATION SCHEDULE:
The abandonment ofthe Stoner Road right of way requires an ordinance. The
ordinance would be initiated upon completion of the obligations ofMr. Bradshaw. The
culvert could also be installed at approximately the same time.
ATTACHMENTS:
1. City Manager letter of 1/13/99
2. Ray Bradshaw letter of 212/99
3. Copy of Hayes Road Improvements
4. Sketch Map of Area
COMMISSION ACTION:
ATTACHMENT NO.1
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
January 13, 1999
Ray Bradshaw
320 Hayes Road
Winter Springs, FL 32708
Dear Ray:
Let me apologize for taking so long to get back to you relative to the issue we
discussed recently. However, before responding I wanted the Police Department
to complete their investigation relative to the chain link fence allegedly taken from
your property by City employees. Now that the Police Department investigation
is finished I would like to respond to the issues you have raised.
1. Missinq Fence: As I understand it you had some chain link fence and fence
poles stolen from your property on or about the time the City was performing
the tree cutting.
We turned this matter over to the Police Department who questioned the City
employees involved. There was no indication from the police interviews that
these workers stole these items. Obviously, without an eyewitness or
confession, it is impossible to prove if the employees did steal the items.
According to Kip, he has never had such a complaint against these
employees.' As a rule, we find that this type of theft or vandalism is committed
by adolescents living in the neighborhood. If you are aware of any additional
credible information that would help to prove a case against some or all of the
employees, I would be happy to pursue this further. However, at this time
there is little further that I can do on this item.
2. Tree Cutting: As I understand it you were concerned about the City possibly
cutting trees on your property.
You will recall that in the meeting Kip and I had with you, you requested that
the City cut several dead trees on the right of way. According to Kip, it is
possible that City crews may have gotten off the right of way when cutting the
trees. We would have to survey the right of way to determine factually the
answer to that question. According to Kip, the trees cut were all dead. As
you know, we get numerous requests by citizens to cut trees on their
property, which we are unable to do. There are some cases in which we
could make a finding that the public is benefited by removing a tree on private
property. In such situations we would normally request payment to cover our
cost. In this case however, since the removal of dead trees on your property
would have happened in error due to the uncertainty of the location of the
right of way line, I don't think it would be appropriate to ask you to reimburse
the City for the service rendered.
3. Stoner RiQht of Way: As I understand it, you and your neighbor are interested
in the City abandoning the Stoner Street right of way. According to Kip, we
have no use for the property at this time and therefore would be amiable to
abandoning the right of way. However, for this to happen I would need a
written request from you, your neighbor or both of you requesting
abandonment of the right of way stating why you think the abandonment is
justified.
4. Drivewav: As I remember, you requested that the City install a second
driveway to your property based upon the fact that you had two driveways
prior to the paving of Moss Road.
This is an interesting question. As you know the City is only required to
provide one driveway to a building lot. Secondly, you did not indicate prior to
the road being paved that you desired to retain both driveways. There is
however, some merit to the argument that you are entitled to two driveways.
The question is whether or not the City is compelled to pay for the installation
of the second driveway. I don't believe that we are. However, I would
propose for your consideration that in order to settle this issue amicably, that
the City would install a second driveway if you would be willing to pay for the
materials. According to Kip, the materials for this driveway design is around
$1,000.
Again I am sorry that it has taken this long to get back to you. Please give me a
call after you have had an opportunity to review this letter and provide me with
your thoughts.
Sincerely,
~dJt-lt{(1~
Ronald W. McLemore
City Manager
Ijp
cc: Kip Lockcuff
Wordlletter/Jan99/Bra dshaw
Page Two
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A TT ACHMENT NO. 2
FEB (1. 4 t~99
Mr. Ray Bradshaw
320 Hayes Road
Winter Springs, FL 32708
February 2, 1999
CITY OF WINTER SPRINGS
City Managef
Mr. Ronald W. McLemore
City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708-2799
Dear Ron:
I met with Commissioner Robert Miller, and called Cindy Gennell,
regarding my problem with the City of Winter Springs. I was advised by
both to put in writing exactly what I want the City to do, since this matter
will require a city commission decision.
As I recall, our meeting was very friendly and we discussed many of the
City's past and present problems.
As we were ending our discussion, you asked me exactly what I wanted. I
told you my primary interest was to get my driveway back that I used for
more than thirty years.
Secondly, my neighbors, the Walker Family, would like the west end of
Stoner Road vacated. I told the Walker's I had no objection ifit were
divided between us. Stoner Road divides our lots and has only been used by
me as access to my house. .
If the City does not choose to turn over the area to us, I want the City to
clean it up and maintain it like other areas in the City. In the past two years,
the west end of Stoner Road has been used for dumping. I do not wish to
file a complaint against my new neighbors. If the Walker's and I take over
the area we will clean it up and have it fenced.
The City maintenance crew did come to Stoner Road about a week after our
meeting.
Page Two
February 2, 1999
The City crew cut down the trees that were leaning toward the Walker home.
The crew also cut trees on my property, blocking my driveway and near my
home. I am also requesting that the City have the trees hauled away that
were cut on my lot.
Ron, before you became City Manager of Winter Springs, the City would
not respond to any request I made. In my opinion, the present City
Commission was very wise in choosing you to manage the City. I have
noticed favorable changes since you came. If I had written this letter before
you came, I would not have received a response. I hope this incident will
restore my trust and friendship with the City government.
Sincerely,
f? ~ Oj~O-iN-
Ray Bradshaw
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