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HomeMy WebLinkAbout1986 04 21 City Commission Special Minutes . . . 85-86-17 SPECIAL MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 21, 1986 The Special Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Attorney Marcia Lippincott, present Commissioners: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present The pledge of allegiance to the flag was led by Mayor John V. Torcaso. Imara Lawsuit: Attorney Lippincott explained she requested the meeting this evening regarding the City of Winter Springs versus the Imara appeal in order to present a settlement proposal and a strong recommendation that the proposal be accepted by the City to terminate the appeal. Attorney Lippincott stated for the record that all statements made this evening are made in an effort to compromise and settle the litigation. The two proposals were presented and discussed. They are attached to these minutes. Motion was made by Commissioner Trencher to adopt Settlement No. I subject to that one sentence that I asked for before and requested of the developer-making final approval being withheld subject to modifications should they become necessary to meet any Code in paragraph 2 (between the last and second to last sentence). Seconded by Commissioner Kaehler. Discussion. In discussion, Mr. Fred Forbes, Nancy Circle, Gene Dorman, Northern Way, Betty Shorthouse, Oxbow Lane, George Weigle and Mr. Patterson, Nancy Circle all spoke. Betty Shorthouse spoke about the attractive nuisance in that area and of the potential danger. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. A recess was called in order to check with the Developer's Attorney with the one change made to the Agreement. Meeting was called back to order by Mayor Torcaso. Attorney Lippincott said the last sentence in paragraph 2 is to be deleted, and the following is to be added: Failure to either approve the final engineering plans or to communicate to Woodstream Development Corporation reasonable required modifications with particularities within the ten day period shall be deemed to constitute approval of the final engineering plans. In the event the City communicates reasonable required modifications with particularities to Woodstream Development Corporation within the aforesaid time period, the City shall not be required to approve the final engineering plans until the required modifications have been . Special Meeting, City Commission, April 21, 1986 85-86-17 made. Once the engineering plan modification according requirements in accordance with the Code of the City of have been resubmitted, the City shall approve the plans within 10 days of their receipt. to the City's Winter Springs as modified Motion was made by Commissioner Trencher to amend the motion to include the additional paragraph as recommended by the Attorney to be included in the agreement, and to authorize the Mayor and the City Manager to execute the agreement. Seconded by Commissioner Kaehler. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Meeting was adjourned 9:15 p. m. Respectfully submitted, m~~~ Mary T. Norton, City Clerk Approved: ( \ \ ,MAYOR . . 85-86-17 SPECIAL MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 21, 1986 The Special Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Attorney Marcia Lippincott, present Commissioners: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present The pledge of allegiance to the flag was led by Mayor John V. Torcaso. Imara Lawsuit: Attorney Lippincott explained she requested the meeting this evening regarding the City of Winter Springs versus the Imara appeal in order to present a settlement proposal and a strong recommendation that the proposal be accepted by the City to terminate the appeal. Attorney Lippincott stated for the record that all statements made this evening are made in an effort to compromise and settle the litigation. The two proposals were presented and discussed. They are attached to these minutes. Motion was made by Commissioner Trencher to adopt Settlement No. 1 subject to that one sentence that I asked for before and requested of the developer-making final approval being withheld subject to modifications should they become necessary to meet any Code in paragraph 2 (between the last and second to last sentence). Seconded by Commissioner Kaehler. Discussion. In discussion, Mr. Fred Forbes, Nancy Circle, Gene Dorman, Northern Way, Betty Shorthouse, Oxbow Lane, George Weigle and Mr. Patterson, Nancy Circle all spoke. Betty Shorthouse spoke about the attractive nuisance in that area and of the potential danger. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. A recess was called in order to check with the Developer's Attorney with the one change made to the Agreement. Meeting was called back to order by Mayor Torcaso. Attorney Lippincott said the last sentence in paragraph 2 is to be deleted, and the following is to be added: ,.'- Failure to either approve the final engineering plans or to communicate to Woodstream Development Corporation reasonable required modifications with particularities within the ten day period shall be deemed to constitute approval of the final engineering plans. In the event the City communicates reasonable required modifications with particularities to Woodstream Development Corporation within the aforesaid time period, the City shall not be required to approve the final engineering plans until the required modifications have been Special Meeting, City Commission, April 21, 1986 85-86-17 made. Once the engineering plan modification according requirements in accordance with the Code of the City of have been resubmitted, the City shall approve the plans within 10 days of their receipt. to the City's Winter Springs as modified Motion was made by Commissioner Trencher to amend the motion to include the additional paragraph as recommended by the Attorney to be included in the agreement, and to authorize the Mayor and the City Manager to execute the agreement. Seconded by Commissioner Kaehler. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Meeting was adjourned 9:15 p. m. Respectfully submitted, m~r.~ Mary T. Norton, City Clerk ,MAYOR