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HomeMy WebLinkAbout_2007 01 30 City Commission Workshop (Discussion on Tuscawilla Trails) Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP JANUARY 30, 2007 CALL TO ORDER The City Commission Workshop of Tuesday, January 30, 2007 was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, arrived at 6:31 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a Moment of Silence. REGULAR AGENDA REGULAR 300. Office Of The City Manager Discussion And Review Of Tuscawilla Trails Fence Issues. Commissioner Robert S. Miller arrived at 6: 31 p. m. City Manager Ronald W McLemore arrived at 6: 31 p. m. Mr. Albert Mirand, 358 Mohawk Trail, Winter Springs, Florida: representing the residents of Tuskawilla Trails and their Wall Committee, Mr. Mirand outlined their concerns. During his presentation to the City Commission, Mr. Mirand spoke for the Record about the Code and Waivers. Commissioner Miller spoke of the noted Waivers for the Record. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - JANUARY 30, 2007 PAGE20F5 Discussion. Mr. Mirand summarized his previous comments by saying, "The fundamental issue is security. The fact there are public roads in this development and being easily accessible to [State Road] 434, they will be easy prey for the curious and people with criminal intentions to go into that project. The back alley - being thirty feet (30') from our development, exposes our back yard along Mohawk Trail homes, but limited recreational facilities and development - the children as well as adults will be curious, may enter our project and try to use our facilities. Without a wall barrier, it will encourage trespassing which - we are affected right now by people going onto our property and over the wall and into the Jesup's Reserve development. The safety factor - without a barrier, the risk of going over the wall is a reality." Mr. Mirand then mentioned safety problems in the alleyway related to speeding and parking. Continuing, Mr. Mirand mentioned that "The elevated grade levels creates an unsafe trip and fall hazard for us. It creates a liability for us if someone goes over that wall and falls on our property and so on - it can be a liability, not only for us, but also for the homeowner's in Jesup's Reserve. There are environmental problems with constant noises from cars, trucks - fumes, light distraction, air conditioners going in each unit - poses problems. You have a drainage and sewer problem we're concerned about because of the elevation." Mr. Mirand also commented that there might be possible fire hazards if fertilizer, gas, and/or paint is stored in the garages in Jesup's Reserve. Lastly, Mr. Mirand explained, "The privacy problem - and we're twenty-six feet (26') to thirty feet (30') from your line - our homes and from our bedrooms. It becomes an easy exposure for general intrusion and a wall and higher vegetation will minimize the interests ofthe curious - and the light distraction." Ms. Joy Gentile, 366 Mohawk Trail, Winter Springs, Florida: spoke of safety and security concerns and noted that she was in favor of a wall which would serve as a buffer to the residents. Ms. Patricia Eddings, 343 Mohawk Trail, Winter Springs, Florida: read a letter from Tuskawilla Trails resident Mr. Fred Barone related to supporting the residents with a wall. Mr. Ken Rice, 376 Pawnee Trail, Winter Springs, Florida: as the Resident Manager of Tuskawilla Trails, Mr. Rice spoke in support of the residents and said that a letter from their Corporate Office supported the resident's concerns. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - JANUARY 30, 2007 PAGE 3 OF 5 Tape IISide B Further discussion. Manager McLemore stated, "As a matter of good will, Levitt and Sons, [LLC], the current owner's of Jesup's Reserve have agreed to construct a six foot (6') vinyl fence the length of the border between Jesup's Reserve and the Tuskawilla Trails mobile home park; in lieu of the vegetative buffer, the City and the Tuskawilla Trails mobile home park are in agreement - provided that they are in agreement." Manager McLemore suggested the following recommendations "That you require the owner of the [Tuskawilla Trails] park to do what he is supposed to do, and that is bring it into Compliance and do it, relatively quickly. Secondly, it is recommended that consideration be given to the merits of Levitt and Sons, [LLC] donating the amount of money that it would have cost them to construct the vinyl wall which the City estimates to be approximately twenty-five thousand [dollars] ($25,000.00) - it could be thirty [thousand dollars] ($30,000.00) - to the Tuskawilla Trails Homeowner's Association, to be utilized as they see fit to improve the twenty-five foot (25') buffer between the mobile home park and J esup' s Reserve." Continuing, Manager McLemore remarked, "There are two (2) main points to this thought - although the light and noise impacts of the residents of townhomes will be only a fraction of that which would have been created by a public collector road, there will be minimal light impacts from the owners who live in those townhome units." Furthermore, Manager McLemore stated, "Due to the narrow width of the alley, the turning movements of the cars in the alley, may impact the vinyl wall- the vinyl walls were built inside the twenty-five foot (25') mobile home park buffer however, the wall would not be impacted by the cars while providing the same degree of light screening. If cash is given to the Homeowner's Association of the [mobile home] park, the homeowner's could decide how they want to spend the money to improve the buffer. For example, they could intensify plant material or use the money to offset the costs of a more expensive wall system. After reviewing the Report and in consideration of testimony that has been provided to you tonight, from the Staff and the owner's of Tuskawilla [Trails] mobile home park, it is our recommendation - the Commission take whatever additional actions it deems prudent relative to this matter. And again, that recommendation of providing that money directly to the Homeowner's Association - I have to underscore, I said consider the merits of it. It may not work. I don't know." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - JANUARY 30, 2007 PAGE40F5 Commissioner Joanne M. Krebs said to Manager McLemore, "I wanted to thank you for taking all of this information, putting it together, obviously getting with the Developer - Department Heads, I don't know exactly who - but it is under your direction - getting together with the Developer - in other words, facilitating the help that they are asking for." Mr. Mirand stated, "I will be talking to our Developer/Owner." With further discussion, Mr. Mirand said, "On the WEPCO [West End Professional Center One] Agreement, would we have a wall on the southern boundary..." Manager McLemore stated, "... Yes. .. " Mr. Mirand continued, "... Of that proj ect?" Manager McLemore stated, "Yes." Mr. Mirand then said, "If I read your document, you always refer to the harmony - that the project would be in harmony with the Jesup's Reserve. Now if you are going to put a vinyl wall on one side and the opaque wall on the WEPCO [West End Professional Center One] project, - that's not in harmony. I am using your wording in your Agreement." Mayor Bush noted, "I am sure that is something you will take up with the Owner of the land in the trailer park." Ms. Lois Boulicault, 310 Pawnee Trail, Winter Springs, Florida: asked who would be contacting the Owner's? Attorney Garganese spoke of meeting with the Manager tomorrow and notifying the Property Owner about Code requirements. Further discussion. Tape 2/Side A Manager McLemore remarked, "We are a Tree City - and it is your Policy to facilitate tree planting all around the City, and we do have Grant Programs for people to do that and there are some ways here we could participate to try to help out." Mayor Bush summarized that "What is going to happen is that the City will take immediate action to contact the Land Owner about bringing them into compliance with their Development Agreement. Of course, the offer of the vinyl fence is still on the table from Levitt Homes, [LLC] - twenty-five to thirty thousand dollars ($25-$30,000.00) if they choose not to use the fence." With further discussion, Mr. Mirand then asked about a buffer. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - JANUARY 30, 2007 PAGE50F5 ADJOURNMENT Mayor Bush adjourned the Workshop at 8:07 p.m. RESPECTFULLY SUBMITTED: f\ A LORENZO-LUACES, CMC CLERK . ^?--4 / . I~t-. NOTE: These Minutes were approved at the February 12,2007 Regular City Commission Meeting.