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HomeMy WebLinkAbout2010 01 25 Regular 605 Tuscawilla Home Owners Association Donation for Three Benches COMMISSION AGENDA CONSENT INFORMATIONAL ITEM 605 PUBLIC REGULAR EARING X January 25, 2010 Mgr. (Dept. NO Meeting Authorization REQUEST: The Community Development Department is requesting that the City Commission remove from the table and reconsider a request from Tuscawilla Home Owners Association (THOA) to donate up to $6,000 for the installation of three (3) benches within the Tuscawilla Subdivision. SYNOPSIS: In the past THOA has generously donated funding for various projects throughout the City including a K -9 `Rico' for the Police Department and various amenities for Sam Smith Park. Currently, THOA is requesting permission from the City Commission to donate benches for the Tuscawilla Subdivision that will serve three areas of p edestrian traffic adjacent to sidewalks on public property. CONSIDERATION: On November 20, 2009, THOA submitted a request to the City to donate up to $6,000 for three (3) benches and concrete pads to be installed within public property in Tuscawilla as follows: Bear Creek Nature Trail adjacent to the parking area. Sam Smith Park Storm Water Pond located west of the park entrance near the sidewalk. Greenbriar Lane Storm Water Retention Pond adjacent to Bentley Green near the sidewalk. The Community Development Department has reviewed all three proposed installation locations with representatives of THOA for potential public safety and maintenance issues, and has identified minimal impacts in these areas of concern due to this project. Staff has also contacted the City's Public Works and Police Departments regarding this proposal and these departments have not identified any significant public safety issues. As a reference, on January 11, 2010 Agenda Item 600 (with attachments) was presented to the City Commission regarding this issue and was tabled due to language that needed further clarification from the City Attorney. Based on a review of the issue and discussions with the City Attorney, the following options are available to the Commission. Options for Commission Consideration: 1) Accept the unconditional donation of funding for the proposed benches with the understanding that the benches would belong to the City and could be removed, relocated or replaced at any time in the future if deemed necessary by staff. 2) Accept the donation of funding for the proposed benches and execute a maintenance agreement with THOA requiring an escrow to be placed with the City for repairs and maintenance. 3) Do not accept the donation of funding for the proposed benches. FISCAL IMPACT: Depending upon the decision of the City Commission, the following would be the resulting impacts on the City's Operating Budget: A) If the City Commission chooses Option 1, the City would be responsible to fund repairs and maintenance for the benches as long as they are installed and available for public use. The actual costs would be determined by unforeseen field conditions and could include repair of damage from accidents or vandalism. Significant maintenance costs would result in staff recommending removal of the benches. B) If the City Commission chooses Option 2 or 3, there would be no funding required by the City. COMMUNICATION EFFORTS: THOA has communicated with the Tuscawilla Community regarding the donation of benches to the City and the concept has been generally well received, with the condition that they not be installed adjacent to any homeowner association property or private property. THOA has discussed this issue at their board meetings and has received input from surrounding homeowners associations as to the acceptable placement of the proposed benches. RECOMMENDATION: Staff recommends the City Commission reconsider this item reviewing all information including the three (3) proposed options shown above and take action as they deem appropriate. If Option 1 or 2 is approved, staff recommends the City Commission to authorize the City Manager and City Attorney to prepare and execute any and all applicable agreements required for this project. ATTACHMENTS: Pertinent attachments can be found in Agenda Item R -600 from the January 1 2010 City Commission Meeting.