HomeMy WebLinkAbout1995 07 24 City Commission Regular Minutes
REGULAR MEETING
CITY COMMISSION
JULY 24, 1995
The Regular Meeting of the City Commission of the City of Winter Springs was called to order by
Mayor John F. Bush at 6:30 p.m.
ROLL CALL:
Mayor John F. Bush, present
Deputy Mayor John Langellotti, present
City Manager John Govoruhk, present
City Attorney Frank Kruppenbacher, present
COMMISSIONERS:
Larry Conniff, present
John Ferring, present
Cindy Gennell, present
David McLeod, present
Attorney Kruppenbacher said to Mayor Bush, pursuant to Florida Statute 286.011, the time is 6:40
on the 24th of July, 1995, at this he asks that Mayor Bush adjourn to a closed session to discuss
settlement discussion regarding the lawsuits we (the City of Winter Springs) currently have with
Viera, Rouse, and Duda.
Mayor Bush convened the Regular Meeting of the City Commission at 6:40 p.m., to go into closed
executive session.
Mayor Bush reconvened the Regular Meeting of the City Commission at 7:30 p.m.
Mayor Bush asked for a moment of silent prayer for the invocation.
Approval of Minutes of July 10. 1995:
Mayor Bush asked if there were any additions or corrections to the minutes of the Regular Meeting
ofJuly 10, 1995. There were no additions or corrections to the minutes of the Regular Meeting of
July 10, 1995. Minutes stand approved as presented.
PUBLIC INPUT:
Dan Wood, White Ibis Court, Golf Director and also one of the owners of the Winter Springs Golf
Club, spoke regarding that he would like to make two land swaps and will go through the proper
procedures with City Staff
Commissioner Ferring mentioned that Mr. Wood won the Florida Open Jr. Division golfing event and
congratulated him.
GENERAL AGENDA
Fiscal Year 1995-1996 Budget, Commission sets: Proposed Millage Rate, Rolled Back Rate and Day,
Time and Place of Public Hearing for Tentative Budget (Monday. Sept. 11. 1995):
Commissioner Ferring said in lieu of the workshops that we have done and in lieu of the work that
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July 24, 1995
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has been accomplished by the City Manager and his Staff and the Finance Director and the discussion
that we had at our workshop last Monday night, move to set the Proposed Millage Rate at 3.7023.
Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye;
Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye;
Commissioner Conniff: aye. Motion passes.
Motion was made by Commissioner Ferring to set the rolled back rate at 3.7023. Seconded by
Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye;
Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion
passes.
Motion was made by Commissioner Ferring to set the Public Hearing for the tentative Budget as of
Monday, September 11, 1995, at 7:30 p.m., Winter Springs Commission Chambers. Seconded by
Commissioner Conniff Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell:
aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion
passes.
Commissioner McLeod also thanked the City Manager and Finance Director and all members of the
Commission for working together as they did.
Mayor Bush also commented on Manager Govoruhk's effort in taking the Commission's wishes and
translating it into the decrease in taxes, he said he thinks that if our new City Manager can handle the
City such as Mr. Govoruhk has done on this particular item; that the City will be well served. Again,
the Commission has proven that you can operate government more efficiently and you can lower
taxes and still deliver the services that the citizens need; I think it is a great thing and as
Commissioner Ferring said we can in fact duplicate this again, so I am looking forward to next year
also.
Chestnut Estates Phase II - Acceptance of Improvements for City Maintenance (Northwest comer
of Winter Springs Boulevard and Seneca Boulevard):
Motion was made by Commissioner Langellotti that the City accept the improvements for City
maintenance for Chestnut Estates Phase II - northwest comer of Winter Springs Blvd. and Seneca
Blvd. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye;
Commissioner McLeod: aye; Commissioner Conniff aye; Commissioner Ferring: aye; Commissioner
Langellotti: aye. Motion passes.
Resolution No. 762 - Fixing the Fees to be paid for applicants for Certain Occupational Licenses;
Conflicts and Effective Date:
Commissioner Ferring thanked the members of the committee that sat on this difficult task in coming
up with the documents that they have come up with and an effective resolution.
Motion was made by Commissioner Ferring to approve Resolution No. 762, fixing the fees to be paid
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July 24, 1995
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for applicants for certain occupational licenses, conflicts and effective date. Seconded by
Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff:
aye; Commissioner Ferring; aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion
passes.
Proposed Amendment to Settlement Agreement between Florida Country Clubs, Inc. and The City
of Winter Springs - Adding seven (7) lots to Parcel 7, adding seven (7) lots to Parcel 8, and adding
additional property to that subdivision known as W oodstream:
Attorney Kruppenbacher stated that Mr. Mikes is not present and asked that the Commission
continue this item until the next meeting so Mr. Mikes could be present for any questions.
Motion was made by Commissioner Ferring to table this item - Proposed Amendment to Settlement
Agreement between Florida country Clubs, Inc. and the City of Winter Springs. Seconded by
Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring:
aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes.
City Attorney Frank Kruppenbacher - Reports:
Attorney Kruppenbacher said he has given the Mayor and Commission what is termed an amended
settlement agreement, to deal with the Viera, Rouse, Duda matter and he asks that the Commission
please consider putting this on the agenda for action.
Motion was made by Commissioner Langellotti to place the amended settlement agreement on the
agenda. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye;
Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye;
Commissioner Conniff: aye. Motion passes.
Attorney Kruppenbacher stated that the settlement agreement that the Commission has in front of
them, in summary, I would advise you, deletes the original provision of the original settlement
agreement, requiring the City to vacate the conservation easement and permit the crossing of the
conservation easement for ingress and egress to the Mall Site. What the new agreement does is as
follows: it will provide that there will be no ingress or egress to Winter Springs Blvd., west of the
Greenway from the mall site; through an additional covenant running with the land, which the
developer will place on the property at the time they begin to do any vertical improvement for the
mall; it provides for payment of$150,000. Mayor Bush asked the City Attorney, on the restriction
on use of the conservation, would he put that into laymans terms what that really means for the public
that is present tonight.
Attorney Kruppenbacher said the owner of the mall property (whoever that may be from the date of
the agreement going into effect - forward and the date of the recording of the covenant, will be bound
that they will never be able to, as the owners of the property, to use that property to ingress or egress
to the mall west of the Greenway onto Winter Springs Blvd. Mayor Bush said so the owners cannot
cross the easement, is that what you are saying. Attorney Kruppenbacher said that is correct, the mall
owners agree they will never attempt to cross the easement, that goes with title and will be recorded
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July 24, 1995
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and goes into effect when they begin to pull the building permit for the vertical improvement of the
property. It calls for Parcel 14 to be tendered to me in escrow and released 90 days after Seminole
County's approval of the pending project in front of the County; if the project is not approved, there
is no annexation of Parcel 14 as written in this agreement. It calls for $150,000 to be paid to the City
of Winter Springs after the first building permit is pulled to construct a vertical improvement on
Parcel 12 (the mall site) payment of$I50,000 will be tendered to the City. It deletes the requirement
of the City of Winter Springs affirmatively as a political body encouraging the approval of the project
in accordance with applicable codes and regulations; those are in summary fashion the modifications
to the original settlement agreement. Attorney Kruppenbacher also stated that they (Rouse, Viera
and Duda) will be required, the provision in this, the City of Winter Springs, since the day that we
negotiated the original amended settlement forward, have not been billed by Mr. Bricklemeyer or
himself for any work done on this project; at that table, we agreed to accept the sums provided in this
agreement to compensate, so you know based upon the figures, it is far below what Mr. Bricklemeyer
would have been entitled to in the particular litigation. The reality is that the City is not out of pocket
for the legal fees incurred in dealing with the issues after settlement.
Attorney Kruppenbacher said it calls for bike paths, if there is a dispute regarding bike paths, as to
their ability to be put in, in the conditions outlined, for the parties to have mediation for resolution
of that dispute with East Central Florida Regional Planning Council.
Mayor Bush stated Commissioner Ferring, who worked very hard on this as well as our Attorney,
he (Mayor Bush) thinks this is a fair agreement with the City and thanked everyone for their efforts.
Attorney Kruppenbacher said if the Commission deems it appropriate to accept the agreement, he
asks that the Commission does so with the understanding that it is approved subject to the authority
of the City Manager and City Attorney to make any necessary final legal "clean-ups" (such as
attaching exhibits) and authorization for the City Manager and City Attorney to accept anything that
would further enhance the agreement.
Commissioner McLeod asked if the money being paid to the City Attorney includes payment if there
is litigation regarding the bike paths. Attorney Kruppenbacher said the payment is for legal services
rendered up until this point, including the handling of the litigation, dealing with the negotiations and
working through the agreement. Discussion.
Commissioner McLeod said in regarding to the annexation of Parcel 14, that it would happen at the
time the building footers start raising horizontally. Attorney Kruppenbacher said no, after the
expiration of ninety days from the Seminole County's Commission approval of the project and their
transmittal to the State of the applicable approval documents, he (City Attorney) is authorized to
release the petition for annexation to the City to commence the City's annexation process.
Commissioner Gennell asked the City Attorney to clarifY paragraph 11. Attorney Kruppenbacher said
we (the city ) are agreeing in this document, that we as a political body (the Commission), will not
be objecting to the project as currently proposed; and that we will affirm that position to the
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July 24, 1995
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respective bodies that are dealing with this process that we are not objecting, we are not obligated,
and I deleted from it to say that we are affirmatively pushing the project. Further I will clarifY to you
that paragraph 11 does not prohibit the individual opinions of any individual to be expressed; but you
as a governmental body, acting as the City Commission, is taking that position that you have no
objection as currently proposed. Discussion. Commissioner Gennell asked if we (the City) will have
someone in attendance at every public hearing to say that we don't object to it? Attorney
Kruppenbacher said that there are two public hearings left, one is on August 2,22, 1995, and I will
appear to represent that we have no opposition to the project and that's not to be interpreted as we
have support of the project, we are just not voicing the opposition to the issue.
Commissioner Ferring said that there is a couple of people that has helped getting this resolved and
one is Aaron 1. Gorovitz and Mr. Mason Blake of the Viera Corp., through their efforts they were
able to convince the rest of the principals that we had to come to a fair agreement and wants to thank
Mr. Gorovitz and Mr. Blake publicly.
Mayor Bush said for the benefit of the public, there was a closed meeting at 6:30 p.m. where the City
Attorney briefed the Commission on the amended settlement agreement.
Motion was made by Commissioner Ferring to approve the amended settlement agreement subject
to the comments made by the City Attorney (above) and the execution of that agreement by Oviedo
and Viera, Rouse. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner
Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff:
aye; Commissioner Ferring: aye. Motion passes.
Commissioner McLeod stated that he would like to publicly thank Commissioner Ferring for the job
he has done with this and also the City Manager and City Attorney, in the overview of everything that
he (Commissioner McLeod) knows about it, they have done a good job in working a fair deal for this
City and a fair deal for all parties involved without getting into court cases.
Mayor Bush mentioned that Mr. Mikes is present now, he would like to bring it back on the agenda.
Motion was made by Commissioner Ferring to withdraw his motion to table item "D". Commissioner
Langellotti withdrew his second.
Proposed Amendment to Settlement Agreement between Florida Country Clubs, Inc. and The City
of Winter Springs - Adding seven (7) lots to Parcel 7, adding seven (7) lots to Parcel 8, and adding
additional property to that subdivision known as W oodstream:
Commissioner McLeod asked if the site plans had changed since the last time the Commission looked
at them. Mr. Mikes, owner/developer, stated to address the several points of opposition on the
driving range area, we have taken the cul-de-sac and turned it into a single cul-de-sac as opposed to
the double cul-de-sac look, to make it exactly as the Commission had asked, that it just be a straight
cul-de-sac; every lot has the required street frontage and direct access on the dedicated streets. On
the parcel near the tennis courts, he has depicted on that 19 lots and moved the entrance drive so it
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July 24, 1995
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not cross in front of the golf tee, there was an objection to that. We removed one lot, instead of
showing 20 lots, we show 19 lots.
Attorney Kruppenbacher for the sake of any misconfussion, he would like to go over the agreement
so there will be no misunderstandings on any issues. In paragraph 2-B, the first sentence, we are
dealing with the preliminary engineering on Parcels 7 & 8; what you (Mr. Mikes) are agreeing to in
this is that you would be entitled to increase the number and or reduce the size of a lots in Parcels 7
& 8. Attorney Kruppenbacher said there is a difference between the word "number" and "size". Mr.
Mikes said the intent is that basically what is shown on the conceptual plan would be the minimum
lot size and the maximum number oflots; the actual acreage that is included is actually less than what
was included in the original settlement agreement because we have taken the size of the lots, instead
of being 125' wide and 200' deep; they will be 115' wide and about 160'-170' deep. Attorney
Kruppenbacher asked Mr. Mikes if he would not have a problem revising it to provide what he just
said and that being that there will be not more than 19 lots permitted on Parcel 7 and 46 lots on
Parcel 8; Mr. Mikes said that would be fine. Attorney Kruppenbacher said then this would be revised
to state that there will be no more than 19 lots permitted on Parcel 7 and no more than 46 lots on
Parcel 8; provided those lots can be developed in accordance with applicable City Codes and State
and Federal Laws and regulations.
Attorney Kruppenbacher said then the next sentence would be: where at the City will promptly
process, review and approve such modifications; we would modify that that we would promptly
process, review and propose for consideration for approval. Mr. Mikes said that was fine.
Attorney Kruppenbacher said the last thing is "provided in the settlement agreement the term
development property shall hereafter shall be deemed for the purpose of permitting Parcels 7 & 8 to
be developed with the additional lots herein" correct? Mr. Mikes said yes. Attorney Kruppenbacher
said there are three additional things; the land lying north of the 9th tee, directly west of the Parcel
commonly know as the Hooker Parcel, adjacent to the Country Club Clubhouse and parking lot. Mr.
Mikes said that is what is shown on Parcel 8 in the original settlement agreement, that is right at the
entranceway, it has always been part of that plan, it is an acre and 3/4, that is adjacent to the brick
wall that we already have up. Attorney Kruppenbacher said all you are say it that is what is currently
known as Parcel 8. Mr. Mikes said correct.
Attorney Kruppenbacher said next is "B" - the approximate 1 00' of land lying adjacent to the second
through fourth holes of the Club, in the property commonly known as Wood stream. Mr. Mikes said
that is shown on the conceptual plan, what we call W oodstream, our Unit 5. Attorney
Kruppenbacher asked is that property where the Commission previously approved the lots to be? Mr.
Mikes said correct, that was permitted for 77 lots, we are going to add to there 26 acres, we will add
a 100' strip all the way around the outside of it and then we will reduce their 77 plus our 100' down
to 54 lots; we are not adding any more lots, we are reducing the number of lots but also increasing
the area so that the lots become 113'-114' wide and 165' deep.
Attorney Kruppenbacher said the final one is the parcel currently occupied by the tennis courts and
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July 24, 1995
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the parcel bounded by the 10th and 18th fairway and Howell Branch Creek. Mr. Mikes said yes, that
is the tennis court parcel. Attorney Kruppenbacher said that is in the current agreement; Mr. Mikes
said yes and is Parcel 7. Attorney Kruppenbacher asked what parcel is Woodstream. Mr. Mikes said
that it wasn't a parcel in the settlement agreement, it is what is in front of you as Unit 5 of our
Arrowhead project, the 54 lots. Discussion.
Mr. Mikes said W oodstream has nothing to do with what was in the original parcels, in the original
agreement we had said that we weren't going to use any other property for residential development
and we are just trying to clarify that we are going to take a strip 100' wide around the W oodstream
property. Attorney Kruppenbacher asked Mr. Mikes if he would not mind if we put that language
in a separate paragraph that says that is what we are doing and delete it from this paragraph. Mr.
Mikes said that is fine.
Mr. Mikes said he has one other clarification point on that, the people in the Greenbriar development,
Horton Homes, they have come to him and there is land that you would not think of other than part
of the Greenbriar parcel, but I actually own it, they have a 40' setback along that they have put in their
covenants and I have agreed to waive that 40' setback so they can build their houses closer. It is still
well away from the fairway, I have also agreed with them that if they can come back to the City and
replat a portion ofit, that they could even take some of our land and actually add it to their property
so that they include it in their lots. They are going to come to the City looking for approval of 115
lots, increasing the size of the lots, reducing the number of the lots, but then I would give them some
land near the 18th tee so that they could expand the lots back there, and then they could get bigger
homes, they want to go to a 50' wide lot and in order to do that everything has to expand out; I told
them that they can have approx. one acre of extra land, a strip along the 18th tee, the 17th fairway
to expand their lots. If you could approve that in that area, if they come back to you and if they get
their plat approved by the City, that they could use the land that I would give them for those
purposes. In this agreement we had said nothing else would ever be used for residential purposes,
we would like to be able to give them a strip that you would not think of as the golf course.
Attorney Kruppenbacher said if the Commission does deem this appropriate to approve, I ask that
it be with a motion subject to the changes that we have discussed here tonight, subject to the Staff
signing off, the Attorney signing off on the final, redraft the document with the authority for the
Mayor to execute it.
Discussion on this item.
Motion was made by Commissioner Conniff to approve the proposed amended settlement agreement
between Florida Country Clubs, Inc, and the City of Winter Springs, subject to the changes
mentioned by the City Attorney and approvals by Staff etc. Seconded by Commissioner Ferring.
Discussion. Vote: Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner
Langellotti: aye; Commissioner McLeod: aye; Commissioner Ferring: aye. Motion passes.
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July 24, 1995
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City Manager - John Govoruhk - Reports:
Manager Govoruhk stated to the Commission that back in February 1995, they received a package
for an inter-local agreement for all Cities, the Sheriffs Dept. and the County, to go to an 800mh
communication system. The Mayor just signed the agreement and what this agreement does is it will
give all Cities in the County the opportunity to communicate, dispatch and work together as one unit.
We will have our own console for independent communication once they come to our area. This is
saving our City between 1 and 2 million dollars; the equipment will be maintained by the County,
unless we buy additional communication for ourselves. We will continue to maintain our current
system incase of an emergency situation.
Commission Seat III - John Langellotti:
Commissioner Langellotti asked the City Manager if he had heard anything regarding the ambulance
service not renewing their contract with the County. Manager Govoruhk said what he has heard
right now as of today, the ambulance service is in the process of being purchased again. The Fire
Chief has been attending every meeting that they have had; the intent is between Orange and Seminole
County, is the Fire Dept. looking at transporting and the County is looking at the same thing also.
If the City has to do that, we have the equipment, the only thing we would have to do is hire three
more people. We would have the capability among the Cities for back-up, so we are in fine shape
to assume that whichever way the County goes.
Commission Seat IV - Cindy Gennell:
Commissioner Gennell said when we discussed advertising for the City Manager, she didn't remember
when it was going to be advertised in the Orlando Sentinel. Commissioner Conniff said it was
advertised in Sunday's paper.
Commission Seat V - David McLeod - Appointment/Reappointment to Planning and Zoning Bd:
Commissioner McLeod said he would like to reappoint William Fernandez to the Planning and Zoning
Bd. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye;
Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner
Langellotti: aye. Motion passes.
Commissioner McLeod said to the City Manager that he would like to have the Police Chief and Fire
Chief look into the use of a receiver that would put out a signal, that would open the gates in the
gated communities within the City. This would omit having a number of different receivers in a
vehicle. Commissioner McLeod said he would like to see this option investigated to get costs etc.
Manager Govoruhk said we are in the process for the fire trucks, rescue units and all, for all stop
lights throughout Seminole and Orange Counties, we will have a master override for traffic lights and
we will check with the same company to see what we can do with regard to Commissioner McLeod's
suggestion.
Commission Seat I - Larry Conniff:
No Report.
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July 24, 1995
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Commission Seat II - John Ferring:
Commissioner Ferring said to the City Manager with the construction going on on S.R. 434,
regarding the speed limit that the State has erected along the corridor for construction which is 35
mph.; when there is no construction going on and there is no impairments in the road, he doesn't
understand why they are posting the 35 mph speed limit signs. Usually as a general rule, when there
is construction on the way, they have the construction speed limit signs when work is in progress and
said he would like to see the City Manager talk to D.O.T. for consideration for this corridor, because
it is bad enough now and what they have done with the speed limit down to 35 mph even when they
are not working is going to make it worse. Manager Govoruhk said he has a meeting set for next
week with D.O.T. regarding that subject.
Commissioner Ferring asked the City Attorney the status regarding the Tuscawilla Homeowner's
lawsuit and how far he has gotten with the eight questions that he has raised prior. Attorney
Kruppenbacher said the Homeowner's lawsuit is currently being reassigned, Judge Freeman
disqualified himself from sitting on the motion, it was reassigned from Judge Benson to Judge
Freeman when the Judges realigned and we are waiting the realignment to a different Judge. Weare
in the midst of investigating the facts regarding those issues. This involves more than myself
(Kruppenbacher) it involves other parties and he is the recipient of the information as the other people
identify it also and I will report back to the Commission sometime in the near future.
Commissioner Ferring said he is very elated with the deal the City Manager has made with Morrison
Homes complex to the landscaping that has been done on Vistawilla Drive; it is a complement to that
area and it is landscaped beautifully, it does enhance the entranceway.
Commissioner Ferring asked about the status of the Tuscora entranceway. Manager Govoruhk said
they are working on that, they (the developer) has finally got the working permit from D.O.T.
Mayor's Office - John F. Bush:
Mayor Bush said he would like to appoint Mr. George Columbo, who lives in the Highlands to the
Code Enforcement Board.
Motion was made by Commissioner Ferring to appoint Mr. George Columbo to the Code
Enforcement Board. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner
Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Ferring: aye;
Commissioner Langellotti: aye. Motion passes.
Mayor Bush mentioned that Mr. Columbo is the person that he has spoken about who is going to help
putting together the Commission's Newsletter. Mayor Bush said that he and the City Manager met
with Mr. Columbo this past Saturday and discussed some of the topics and asked Mr. Columbo to
introduce himself to the Commission.
Mr. Columbo stated that he lives in the Highlands and has been a resident of Winter Springs for one
year. He said that he is a professional writer, he writes a column for a monthly business magazine
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July 24, 1995
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and also does some free-lance work and also does some paid professional speaking. Mr. Columbo
said he is looking forward to working on the Newsletter.
Mayor Bush mentioned that the Newsletter will come to the Commission before it goes to press.
Mayor Bush said that Manager Govoruhk has been working on ways to get the Newsletter out most
effectively and efficiently and he will be discussing that at a later time.
Mayor Bush also complemented Manager Govoruhk with following up on a citizen's concern over
the cable in Winding Hollow.
The meeting adjourned at 8:32 p.m.
Respectfully submitted,
~~-~
Margo M. Hopkins,
City Clerk
APPROVED:
'tI:~
VERBA TIM PORTION OF MINUTES OF JULY 24, 1995
Mayor - I notice that Mr. Mikes is here now, and even though we tabled that agenda item, I'd like
to bring it back on the agenda tonight
Ferring - Mr. Mayor, I'd like to withdraw my tabling motion
Mayor - does the second agree
Langellotti - I'll second that
Mayor - Mr. Mikes I know you're not use to us moving that quickly along the agenda. And this is
agenda item D that's now back on the agenda.
Proposed amendment to settlement agreement between the Florida Country Clubs Incorporated, the
City of Winter Springs adding 7 lots to Parcel 7, adding 7 lots to Parcel 8 and adding additional
property to that subdivision known as W oodstream.
Attorney - it was tabled cause you weren't here
Mayor - Mr. Mikes is here, if the Commission would like to ask him any questions, I'm sure he'd be
glad to answer.
Mikes - I'm sorry I don't have the site plans inside, with the rain, they're sitting out in the car, and
I can bring them in if there's any questions on that
McLeod - ya, I'd like to see them
Mikes - ok, there may be a set inside here
McLeod - have they changed since we saw them last time
Mikes - there is a, to address the several points of opposition on the, the, those that are in the driving
range area, we have taken the cul-de-sac and turned it into a single cul-de-sac as opposed to that
double cul-de-sac look to make it exactly as you asked, that it just be a straight cul-de-sac every lot
has the required street frontage and direct access onto dedicated streets. Then, on the parcel where,
near the tennis courts, I have depicted on that 19 lots and have swung the entrance, the drive so that
it do not cross in front of the golf tee, there was an objection to that and that that can be
accomplished and we removed one lot, instead of showing 20 lots, we show 19 lots.
Ferring - ok, good
Mayor - Mr. Kruppenbacher
Attorney - ya, Mayor, could I go through this, only cause I don't want any misunderstandings so
when we all walk out of here it's done and we don't end up back here again
Conniff - we're going to swim out of here
Attorney - on any issues and I hate to be so detailed about this at this meeting but I think it important
given the history of confusions on this. If you look at paragraph 2-B, and Jim I'm just going to go
sentence by sentence if we can. The first sentence we are dealing with the preliminary engineering
on lots, parcel 7 and 8 correct
Mikes - correct
Attorney - ok, you agree as being would be said by this document regarding parcel 7 & 8 was that
you would be entitled to increase the number and/or reduce the size of lots in parcel 7 & 8, now
there's a difference between the word number and size. I mean....
Mikes - the intent is that basically what is shown on that conceptual plan would be the maximum,
would be the minimum lot size and the maximum number of lots.
Attorney - so what.... that's what I'm saying.....
Mikes - the actual acreage that's included is actually less than what was included in the original
settlement agreement because we have taken the size of the lots instead of being 125 feet wide and
200 feet deep, they will 115 feet wide and about 160-170 feet deep, they're still larger than ...
Attorney - let me ask you, you wouldn't have any problem then Jim, our just revising it to provide
what you just said in that there will be not more than 20 lots on parcel 7 and 46 lots on.....
Mikes - 19
Attorney - 19 on 7 and 46 on 8
Mikes - that's fine
Attorney - I'm just, you understand I'm just concerned about the language
Langellotti - say that again, say that again Frank
Attorney - all right, so we would revise it to provide, assuming you all approve this, there be not
more than 19 lots permitted on parcel 7 and 46 lots on parcel 8 provided those lots can be developed
in accordance with the applicable City Codes and State or Federal laws and regulations. So you just
couldn't have any more lots which would really rend the mute the issue of reducing the size, the right
to reduce the size oflots, wouldn't it
Mikes - correct
Attorney - ok, I mean, think --- then the next sentence would be where we of the City shall promptly
process, review, and approve such modifications, we'd modify that that you would promptly process,
review and propose for consideration for approval, you can't agree that you're going to approve it
ahead of time.
Mikes - correct, that's fine
Attorney - Jim, the next thing is and the last is, provided in the settlement agreement the termed
development property shall hereafter be deemed for the purpose of permitting parcels 7 & 8 to be
developed with the additional lots herein, correct
Mikes - correct
Attorney - now then there are four, uh, three additional things the land lying north of the 9th tee,
directly west of the parcel, commonly know as Hooker parcel, adjacent to the Country Club
clubhouse and parking lot.
Mikes - there's about, that is what is shown on parcel, what we call parcel S in the original settlement
agreement
Attorney - all right
Mikes - that was, that's that entry that's right at the entrance way, it's always been part of that plan,
it's an acre and three quarters that's adjacent to the brick wall that we already have up
Attorney - so all you saying there is that is what's currently known as parcel S
Mikes - correct
Attorney - ok, I just don't want to end up with somebody saying that that wasn't parcelS...
Mikes - that's shown right, that's shown on those conceptual plans
Attorney - ok, and then the the next is be the approximate 100 feet of land laying adjacent to the 2nd
and 4th holes of the Club and the property commonly known as W oodstream.
Mikes - that's shown on the conceptual plan, urn, what we call the W oodstream, that that last, our
unit 5
Attorney - is that property where the Commission previously approved the lots to be
Mikes - correct, that was what, that was permitted for 77 lots and we're going to add to their 26
acres, we would add a 100 foot strip all the way around the outside of it and then we would reduce
their 77 plus our 100 feet down to 54 lots.
Attorney - we're not adding any more
Mikes - you're not adding any more lots, you're reducing the number oflots but also increasing the
area so that the lots now become 113-114 feet wide and 165 feet deep.
Attorney - and the final one is the parcel currently occupied by the tennis courts and the parcel
bounded by the 10th fairway, 18th fairway and Howell Branch Creek
Mikes - ya, that's the tennis court parcel
Attorney - and that's in the current agreement
Mikes - yes,
Attorney - as parcel what
Mikes - 7
Langellotti - 8, isn't it parcel 8
Mikes - 7, the one by the tennis courts I think is parcel 7
Langellotti - oh, ya that's 7
Attorney - ok, what's parcel- is Woodstream part of parcel what
Mikes - it wasn't a parcel in the settlement agreement, it is what is in front of you as unit 5 of our
Arrowhead project, the 54 lots
Attorney - cause it's included in this
Mikes - urn huh
Attorney - so it's not parcel 7 or 8
Govoruhk - no 7
Mikes - 7
Langellotti - parcel 8 is adjacent
Mikes - parcel - the W oodstream has nothing to do with what was in the original parcels, that is just
something that we are now - in the original agreement we had said that we weren't going to use any
other property for residential development
Attorney - right
Mikes - and we're just trying to clarify that we're going to take 100 - a strip 100 feet wide around
the Wood stream property that's undeveloped
Attorney - you don't mind ifwe just put that language in a separate paragraph that says that's what
we're doing
Mikes - that's fine
Attorney - and delete it from this paragraph because then you have 7 & 8 cleaned up and then
W oodstream identified
Mikes - right
Attorney - ok
Mikes - and then I have one other clarification point on that, the people in the Greenbriar
development, Horton homes, they have come to me and they are, there is land that you would not
think of as anything other than part of the Greenbriar parcel but I actually, we own it, and they have
a 40 foot setback along that they have put in their covenants and I have agreed to waive that 40 foot
setback, I have, so that they can build their houses closer. You would, it still you know, well away
from the fairway; I've also agreed with them that if they can come beck to you and replat a portion
of it, that they could even take some of our land and actually add it to their property so that they can
include it in their lots. They're going to come to you with right now I guess they are approved for
120 lots, they are going to probably be coming back to you looking to approval of 115 lots, reducing,
excuse me, increasing the size of the lots, reducing the number of lots, but I would give them some
land near the 18th tee so that they could expand the lots back there and then they could get bigger
home. What they can fit right now on a 40 foot, 45 foot wide lot is a very small house, they want to
go to a 50 foot wide lot and in order to do that everything kind of has to just expand out and I have
told them that they can have approximately one acre of extra land, a strip along the 18th tee, the 17th
fairway to expand their lots and if you could approve that that in that area, if they come back to you
and if they get their plat approved by you that they could use the land that I would give them for
those purposes and that - but that is on the 17th fairway.
Mayor - but that is separate from this agreement
Mikes - that separate, but in this agreement we had said nothing else would ever be used for
residential purposes, we would like to be able to give them a strip that that you would not, if you
went out there and looked it today, you would not think of it as the golf course, it's laying back in
the palmettos that you would not have thought, you would have thought it was part of Greenbriar
not part of ours
Attorney - Mayor, if the Commission does deem this appropriate to approve, I'd ask it be it with a
motion subject to the changes that were discussed here tonight, subject to the Staff signing off, the
Attorney signing off on the final redrafted document with authority for the Mayor to execute.
Mayor - Commissioner Gennell
Gennell- ya, on this proposed parcel 8, where you're proposing 46 or 47 lots, have you given us a
minimum lot size at all.
Mikes - the minimum in there is 115 by 160, I believe is the smallest, 158 - again this isn't final, this
isn't to an engineering state, this is a conceptual plan and it would be roughly the same size as the lots
on the golf course in our existing, which are 115 feet wide.
Gennell - all 46 of em
Mikes - that would be the minimum width, would be ....., 115 at the building line, some of them
would be pie shaped so that they would be narrower at the front and deeper and wider in the back,
but the building pad would be a minimum of 115 feet wide, was our intent.
Mayor - Commissioner Langellotti
Langellotti - Jim, clear up my mind, you mentioned the 18th tee
Mikes - correct, the Greenbriar development, Horton has now taken over the second phase of that,
and they're out there selling homes that are not---so far they haven't been very well received, they're
market is, they're slower than what Pulte and Morrison are selling the same priced product and they
now have realize that they have a 45 foot wide lot and they have this string of lots along the golf
course there and they also have a 40 foot setback from our property and the setback is something that
the Staff told them they don't care as long as I waive, cause I'm the adjoining property owner, if!
waive the setback requirement that's fine, and I said I would do that but they also, in addition to
getting that depth, so they can put a bigger house on there, they also need more width, a 45 foot wide
lot, so they are going to take the lots and basically expand some of them, not all of them, but a good
number so that they can put a house on, that instead of being 1300 or 1400 square feet, it'll be 2100
or 2200 square feet and the only way they can do that is by, is with our ok on the setback and then
them spreading out and in order for them not to loose 10 lots or whatever number that they would
be losing, if they could go on to our property and expand out the lots that are in the back cul-de-sac,
all those roads are improved back there and if you drive back there, there is a cul-de-sac that's back
by the 18th tee and if we let them expand out those lots in that area and on the 17th they can pick up
another three lots or somewhere possibly four, instead on picking up more they will loose less, instead
of loosing 10 they might end up loosing 6 in the whole project by doing that
Langellotti - and the other parcel you're talking about, is that along
Mikes - Woodstream, is on number 2, 3 and 4, the area on the west side of those lots, uh - those
holes.
Mayor - Commissioner Conniff
Conniff - may I make a motion that we approve the proposed amendment settlement agreement
between the Florida Country Clubs, Inc., and the City of Winter Springs with the changes suggested
by our Attorney.
Mayor - and the approvals by Staff etc
Conniff - correct
Mayor - ok, we have a motion do we have a second
F erring - second
Mayor - discussion, call roll
Roll Call - Commissioner Cindy Gennell: aye; Commissioner Larry Conniff: aye; Commissioner John
Langellotti: aye; Commissioner David McLeod: aye; Commissioner John Ferrlng: aye
Mikes - I thank you
Mayor - ok