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HomeMy WebLinkAbout2002 08 12 Consent B New Sidewalk on Tuscora Road . . . COMMISSION AGENDA ITEM CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR B August 12. 2002 Meeting MGR fl-- IDEPT ;# Authorization REQUEST: Public Works Requesting Authorization to install new sidewalk on east right of way on Tuscora Drive PURPOSE: The purpose of this Board item is to request authorization to install new sidewalk on east right of way on Tuscora Drive. CONSIDERA nONS: The Wedgewood Tennis Villas Homeowners Association has previously requested the installation of sidewalks on the Tuscora Drive and Northern Way rights of way adjacent to Tuscora Drive. The Tuscora Drive portion of the project was scheduled for installation this fiscal year. The Publ~c Works Department did the layout for this subcontracted project and had scheduled install~tion for July 31, 2002. Adjacent residents in the Wedgewood Tennis Villas on Wilson Road and Goolagong Court that back up to the east side of Tuscora Drive objected to this project requested postponement of the :installation. Their concern is based on the elevation of Tuscora Drive being three to four feet higher than their rear yards. The new sidewalks will increase the pedestrian traffic looking into the rear of their homes. The long-term objective of the sidewalk installation program is.to provide sidewalks on ,. both sides of collector roads throughout the City. There are existing sidewalks on the west side of Tuscora Drive and the north side of Northern Way. This project meets the objective of providing sidewalks 9n both sides. FUNDING: The cost oft~s project is $11,334.80. The funding source for this $11,334.80 project is Transportation Improvement':'" Sidewalk 'Improvements (104-56311). August 12, 2002 Consent Agenda Item B . Page 2 RECOMMENDATION: It is recommended that authorization be given to install the sidewalk as planned. . "\ ~ "\ "\. ,~ - fiiimj IMPLEMENTATION SCHEDULE: The installation will proceed immediately upon Commission approval. ATTACHMENTS: 1. Wedgewood HOA letter dated 01/2/02 2. Public Works Director response dated 01/25/02 3. Wilson Road/Goolagong Court fax dated 07/24/02 4. Letter from Attorney for Wedgewood HOA COMMISSION ACTION: . J . . . A TT ACHMENT NO. 1 \ Wedgewood Tennis Villas HOA 140 1 Forest Hills Drive Winter Springs FL 32708 January 2, 2002 Mr. Ronald McLemore City Manager City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Dear Mr. McLemore, I am writing to you as the President of the Wedgewood Tennis Villas HOA, and on behalfofits Board and the 233 unit owners of this community. We consider the following issue important to us for the safety and well being of our residents. As you know, the W~gewood property occupies a large tract ofland and is bordered by Winter Springs Blvd., Tuscora Road and Northern Way. Only one side of this perimeter has a sidewalk. specifically along Winter Springs Blvd. We have never received any explanation as to why there are no sidewalks on Tuscora Road or Northern Way. The absence of sidewalks on two sides of our property is unique! All other sub-divisions are . fully bounded by sidewalks. It is, therefore, difficult to understand why Wedgewood was and is still being treated differently than our neighboring communities. The matter is more important than mere aesthetics. Sidewalks enable children and seniors to walk safely to school or for exercise. The absence of sidewalks requires an individual to walk on the roadway and be subject to motor accidents. We would appreciate your focusing in on this problem by giving it the attention it deserves. If you agree that this matter should be remedied, we would being given a timetable for the project not some indefinite time in the future because of budgetary constraints. We would like the job done as early as possible, I even ifit is accomplished in phases. We will share your response to this letter with our residents. Thanking you in advance for a prompt reply. Cc: Paul Partyka (Mayor) Michael Blake (Commissioner) Edward Martinez (qommissioner) Cindi Genell (Comlljlissioner) ,- . ''<:-(OR'O~' Utility I Public Works Department January 25,2002 A TT ACHMENT NO. 2 CITY OF WINTER SPRINGS, FLORIOA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FlORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 Wedgewood Tennis Villas Homeowners Association 140'1 Forest Hills Drive Winter Springs, FL 32708 ATTENTION: C. A. Coe, President Dear Mr. Coe, On behalf of the City Manager, thank YOU for your letter of! anuary 2, 2002. I apologize for the delay in the response but we wanted to review this year's sidewalk construction program relative to your, request. . The primary goal of the sidewalk cOnstruction program is to provide sidewalks on at least one side of roads used as access routes for school children. Secondarily, we will construct sidewalks so there i.s sidewalks on both sides where requested. The bulk of this year's sidewalk construction funds ($20,000 - about 2,000 feet of sidewalk) were committed to Dyson Drive where there are no sidewalks. This road is a collector road that has been identified as needing sidewalks for a school safety route to Rainbow Elementary. However, the County has recently notified us that they have school safety funds available that could be used to construct a sidewalk on Dyson Drive. We are working to finalize that commitment. Assuming that process is SUccessfu~ a sidewalk on the east side ofTuscora Drive from Northern Way to Winter Springs Boulevard could be constructed this year since the force main in that area is now almost complete. We will tentatively look at the sidewalk On the south side of North em Way in FY 200212003. The sideWalk would stop at Adidas Road since there is no pedestrian walk on the south side of the bridge. Thank YOU again for your inquiry. Please feel free to contact me if you have any questions. Si:;;p- } JJJj Kipton Loc':/:.E. Public Works/Utility Director Cc: Mayor & Commissioners City Manager Public Works Superintendent . '~':.~'. ,.. '.~:""!:'":"~. ;...~....~~!?/ '~.. -'-.'-'-.""..-... . v.'",, Jul 26 02 03:08p Ph~llis Lentz A TT ACHMENT NO. 3 July 24, 2002 Z,;Sfd-(~ ~ o--,,~I\ Is {( /kL~~ LA.)-JS ~.4-J ~ +WS. dv<- ~~ (\..,::) . To: Alan Hill Public Works From: Wilson Road & GooJagong Ct. Homeowners Subject: Tuscora sidewalk At a recent meeting of the Board of Directors of the Wedgewood Tennis Villas, it was mentioned that a request had been made to the City of Winter Springs regarding the installation of a sidewalk along Tuscora Road behind the homes on Wilson Road and Goolagong Ct. The Tennis Villas homeowners were never asked their opinion or need for this sidewalk. Attached is a petition with signatures from homeowners that would be impacted by this sidewalk indicating that we do not want this sidewalk to be installed for the following reasons: . · The Wilson Road properties are below street grade and this sidewalk will have a significant impact on the high water levels experienced in the rear of the properties along Wilson Road. Has an engineering study been done to see what impact this will have on our water level? · There is no wall for privacy between this potential sidewalk and the residences of Wilson Road. Throughout the Tuscawilla community, other developments have a privacy wall that separates the public area sidewalk from the homeowner's private area I · In spite of the ordinances against dog feces, homeowners stilI use the public areas along the sid~walks for their dog walk. We do not want this stench permeating our living space. · The Wilson Road properties are below street grade and a sidewalk would invade the privacy of these properties. · Already children on bicycles have used our yards as a short cut to their destination and this sideJalk will only encourage more of that dangerous activity. This sidewalk is a detriment to our property values. Attached: Petition with signatures . . . . A TT ACHMENT NO. 4 - _.- -- -.--..-- Ii. PAUL LEONARD WEAN, /0. WEAN & MALCHOW, P.A. ATTORNEYS AT LAW lAMES E. OLSEN. /0 .(MEMBER OF MMS^CHUSETTl BM) HELENA GUTIERREZ MALCHOW, JD SABRlNA MILLERt CHRISTINE A. OWEISt tCP^IW.EC^ll 1305 EAST ROBINSON STREEt ORLANDO. FLORIDA 32801 (407) 894-0040 (800) 895. WEAN FAX (407) 894-5677 W - M@WMLO.COM 31 July 2002 James R. Jupena, Esq. 283 Cranes Roost Blvd., Suite 111 Altamonte Springs; Florida 32701 Re: Wedgewood Tennis Villas of Tuscawilla Homeowners Association, Inc. Dear Mr. Jupena: Please be advised that this law firm has the privilege of representing the Wedgewood Tennis Villas _ of Tuscawilla Homeowners Association, Inc. [hereinafter referred to as the "Association"]. It is in this capacity that the Association has requested that I respond to your letter of July 26, 2002. Please be advised that the board of directors of the Association has the inherent power to act in the best interest of the members of the Association. This inherent power includes promoting the health, safety, and welfare of the residents of Wedgewood Tennis Villas. In the exercise of its business judgment the board of directors has determined that it would be in the overall best interest of the residents in Wedgewood Tennis Villas to request that the City of Winter Springs construct a sidewalk along Tuscora Drive. As a resident of the City of Winter Springs, you wOLild be well within your rights to lobby in opposition to the sidewalk construction. Be advised however, the Association will not withdraw its request for construction of the sidewalk notwithstanding your demands and/or threats of litigation. Please be further advised that no Association funds will be expended to construct the sidewalk. Additionally, the sidewalk will not be constructed on property belonging to the Association. The proposed sidewalk will in fact be constructed on property wholly owned by the City of Winter Springs. As such, the decision whether or not to construct the sidewalk is a pure "planning function" of the City of Winter Springs. Your opposition to the proposed sidewalk should be communicated directly to the City of Winter Springs because the ultimate decision to construct (or not to construct) the sidewalk rests solely with the City of Winter Springs. Should you have any questions, please do not hesitate to contact me. Very truly yours, ~l.Lu~lOr James E. Olsen JEO/cao cc: Wedgewood Tennis Villas.of Tuscawilla Homeowners Association, Inc. Mr. Alan Hill, Public Works Superintendent for the City of Winter Springs.