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HomeMy WebLinkAbout1978 01 25 Regular ..-. r" ~ rt , , 201 PROGRAM WINTER SPRINGS January 25,1978 There are three major matters remaining to be decided at the last meeting of the Details Committee tomorrow, January 26, at 8:30 AM at Maitland. The City has basically taken pbsitions on these previously but the Details Committee asked all to con- sider further. 1. Voting System Alternatives a. 1 vote each entity b. Weighted Voting system modified with equal weight given to each entity's representation and equal votes distributed by flow. 100 votes total ~ ~ ' n 50 votes distributed to 5 entities = 10 votes/entity 50 votes allocated to entit~based on previous year's flow. Quorum requires 4 present; 2 minimum required to decide on issue. .~~ C:J~'\~ ~~~ ~~~ ~ r~~~ ~ '<1' ~~~ ~~ ':>~ ~ ~<$J City previously favored we~ghted system. 2. Construction Cost Allocation and Expansion of System Preferred Alternative: - J Uniform distribution of debt service to all customers by flow. Expansion of system above that shown in Facility Plan is to be done only after additional Facility Planning and approval by Authority. Local share of costs of expansion to be paid forbr entities to be served by the additional capacity.~ ~~ This was basically the City's previously stated concept of "Service Concept" as opposed to a Growth Management Concept. ...... # : n i rl r t'" "........, 3. Limits of Authority's Physical System and who operates them. Preferred Alternative: -~ Lift Stations and force mains shown in Facilities Plan to be owned by Authority. _/ -) Normal operati0n and maintenance of lift stations to be by existing entities at its expense to avoid duplication of equipment and personnel for operation by both cities and Authority. Major repairs and replacement on lift stations to be responsibility of Authority to handle by contract. This was the City's preferred previous position. Authorized representative is badly needed at 8:30 AM meeting tomorrow at Maitland to discuss and act on City's behalf on these items. I ~' ~~ . ' .f':i' .~..~ l' .~.~ I,.. ~G ~ .~ f rt.i;i G ~ ~ .; ~\~~~\ . ,~;. ~~ # tJ ~,~ ~ ~'tl ~~. ~<yC~ . ' ,-., ,.-, ~ 1"" \ ~ .-, . ~ J- II' , I DOUGLAS STENSTROM S. .JOSEPH DAVIS, .JR, KENNETH W, MciNTOSH NED N. .JULIAN, .JR. WILLIAM L. COLBERT "RANK C. WHIGHAM ../kzU~nv, ~~ ~ ~$UaJ~ ~~find~~~JfJ~k January 24~ 1978 SUITE 22 f'l..AGSHfP SANK POST O"'''''CE BOX 1330 SANFORD, FLORIDA 32771 (305) 322-217' 4' IN REPLY REFER TO: City of Winter Sprifige City Haft ,. Honorable John W. Daniels Deputy Mayor City of Winter Springs Winter Springs, Florida 32707 JAN 25 1918 Re: Preliminary Plat Winter sprin'gsij~~fJVEp Dear Mr. Daniels: r Please be advised that I have reviewed the preliminary plan of Winter Springs Ranches, Chapter 14 of the Code of. Ordinances, City of Winter Springs, Florida~ and other pertinent material." On the basis of the above, I would answer the three questions propounded by the City Council and enclosed with your letter of January 19, 1978, as follows: A. Section 14-67 requires the paving of Moss Road and Bahama Road to the extent that they are immediately adjacent to the property identified as Winter Springs Ranches. The City Council does not have the right to waive the paving requirement. B. Section 14-123 requires waterlines to subdivided lots but does not require water service. Section 14-123 requires installation of fire hydrants. The City Council may temporarily waive the installation of fire hydrants in the absence of adequate mains but as a condition of waiver must require payment into escrow of a sum equivalent to the cost of the fire hydrants plus twenty-five percent. The City Council does not have the right to waive installation of waterlines. C. The Council does not have the authority to waive any of the subdivision requirements absent specific authoriza- tion to do so contained within Chapter 14. A plain reading of Chapter 14 reveals that the City Council with two exceptions has no authority to vary or waive any requirements of that chapter. The two exceptions are as follows: r 1. Section 14-123 authorizes a temporary waiver of fire hydrants conditioned upon payment in escrow.of a sum equivalent to the cost of the required hydrants plus twenty- five percent. .. II' I .. r f (' 4 .... . /'" ~ , ~.. .-- Honorable John W. Daniels Page Two January 24, 1978 ," 2. Section 14-67 authorizes utilization of septic tanks upon Council approval. Except for the above exceptions, all variances from the requirements of Chapter 14, Winter Springs Code, are the province of the Board of Adjustment and the granting of same is governed by Section 14-4. Although Moss Road and Bahama Road are not roads within the subject subdivision, they are, however, with limita- tion major streets leading to a subdivision. Section 14-123 requires only that a person seeking plat approval install water and sewer lines and fire hydrants. Neither Section 14-123 or any other section of the City Code specifically requires that the developer provide an approved water service or sewage treatment service. By inference, Section l4~123 requires water service as in the absence of a waiver of fire hyd~ants, fire flow requirements for hydrants cannot be met without water service. In addition, if adequate mains are available in the area of the subdivision to deliver necessary water, the fire hydrant requirement may not be waived. If the Council has further questions or desires that I meet with it for the purpose of elaborating upon my opinion as herein expressed, I will be happy to answer the questions or so appear. Thanking you very much for the opportunity to serve the citizens and City of Winter Springs, Florida, I remain Sincerely yours, NNJjr:tkb