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HomeMy WebLinkAbout1986 03 08 City Commission Special Minutes 85-86-13 . SPECIAL MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 8, 1986 The Special Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso at 3:00 p. m. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Attorney Marsha Lippincott, present Commissioners: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, absent IMARA Appeal/Settlement: Attorney Lippincott explained the proposal from Imara is that they are willing to take off 12 units along Northern Way of the Fairway project in exchange for adding 16 units in the back along the golf course; in addition, they will construct a five foot masonry wall along the front of Northern Way all the way around the development to the back to the golf course; in addition they will change the red tile roofs to asbestos shingles to be guaranteed for 30 years. The Woodstream project they will reduce the density from 12 to 7.5 units per acre. They would waive any claim for damages against the City and officials. With regard to the Woodstream project, they want some assurance from the Commission that there will not be any more problems in getting permits. They want some assurance that if they agree to reduce the density they will not have any more problems getting through the Planning & Zoning Board process. . Mr. Peter Hill, Attorney representing the Developer spoke to the Commission. Mr. Pat Villilo, president of the Tuscawilla Homeowners Association, spoke to the Commission. Attorney Lippincott advised that she believes the City has reasonable points to put forward on this Appeal. She said she believes the City's chances of success are probably less than 50-50. Also, the City does have some risk and some exposure to potential damages. Motion was made by Commissioner Kulbes that we reject Imara's proposal and instruct our Attorney to submit a counter proposal to Imara and if this is rejected by Imara without submitting another proposal that we continue with the Appeal process. Seconded by Commissioner Jacobs. Discussion. In discussion Mr. Story, president of both corporations, spoke to the Commission. City Manager Rozansky said he has some major concerns. He was concerned about the City's exposure to the cost of the damages and the cost of the bond. He said he would ask Attorney Lippincott to research the cost of the bond and the damages. Manager Rozansky said he would have our City Attorney check our insurance and apprise us of the adequacy of our coverage. Attorney Lippincott said the developers approached her with a new offer; they were willing to take off 10 units along Northern Way and not put them in the back; thereby reducing the density by 10 units. . . Special Meeting, City Commission, March 8, 1986 Page 2 85-86-13 Attorney Lippincott advised that in consideration of what our chances of appeal are and the risk that we have in incurring damages, considering what the developer has corne forth now and offering to remove these ten units, we should at least consider this offer. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. (This motion is dealing with the original proposal). Motion was made by Commissioner Kaehler that we allow the developer to corne back Monday, if that is alright with the Developer, to discuss their new proposal. Seconded by Commissioner Kulbes. Discussion. In discussion Commissioner Jacobs asked Mr. Story on the new settlement, that he was suggesting to reduce the 10 units on Northern Way only, and not the two facing Fairway Oaks. Mr. Story replied he was not in favor of corning back Monday night and that his proposal would be for the 10 units only. Motion and second were withdrawn. Meeting was adjourned 4:25 p. m. Respectfully submitted, . ~J:~ Mary T. Norton, City Clerk ,MAYOR .