HomeMy WebLinkAbout1991 06 11 Regular
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June 4, 1991
TO:
City Manager ~
Land Development Coordinator .
FROM:
RE:
Agenda Item, Additional Engineering Design for
S.R. 434 Entry into Central Winds Park
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Due to additional requirements established by the Department of
Transportation in regards to the proposed entryway to the park
at Wagner's Curve, additional engineering will have to be done.
Enclosed is the proposed contract.
Also enclosed is a proposed alternate to the existing entryway
and a memo from Jim Van Ostran. This proposed alternate has
been posted to D.O.T. for their review. If, the City can work out
all the details satisfactorily, this could result in a savings of
approximately $40,000.
Mr. Van Ostran will be present for the meeting to answer your
questions.
jfg
enc.
cc: Mayor
Commission
City Attorney
City Clerk
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~OItH 11. Webb ~ Associates, JHC.
eOlfslllting eNgiNeers
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331e MAGUIRE BOULEVARD, SUITE 100. ORLANDO. FLOAIDA 32803 (407) 898-9322 FAX (407) 894.0189
MEMO
DATE:
June 3, 1991
'10:
Winter Springs city eaumission Members
Richard Fozansky, city Manager
Fro1 :
Jim Van ostran, Project Manager
SUBJECT :
central Winds park
~ 434 I-morovements
W12-01.4
As an update to the last memo dated May 22, 1991, a few items have tran...:::pired
r@)t\(ding state Road 434 iJnprovements at the entrance to Central Winds Park.
After a meetil1CJ with City staff, Don lBBlanc suggested that we totally
relQ('~te the curve south of the existirq curve and maintain traffic on the
existing roadWay until it could be shifted over to the new road (we have
anclOSE.'d ~ preliminary drawing of same). We examined that idea.
'lhts concept eliminates the need for wilding a temporary roadwaY for
ma:i.ntenance of traffic (a requirement of Florida Department of
Tt"an..~portation) ard then tearing the roadway out after the new road is
constructed. '!his reduces construction cost $ 40,000 - $ 50,000 (not
inclUding right--.of-way costs) .
'Ih is concepts' success deperds on three i tams:
1. '!he Florida Depart:l'nent of Transportation agreeing to the design (we
feel that this is likely).
2. Mr. Keen working out an agreement with the city of winter Sprirqs
for the road right-of~y.
3. 'It\e Florida Depart:l'nent of Transportation being willirq to revert the
right-Of-way back to Mr. Keen at the time the New Florida
Department of Transportation Bypass Project is constructed (1995-
1996).
Page Two
Winter Springs city
Conunission Members
June 3, 1991
other i terns which may still be deba.ted on which could lower costs somewhat are
as follows:
1. Reduce the asphalt from 3 1/4" down to 2" saving approximately
$ 7500 +/-. The Florida Department of TransPJrtation's design, a 10
year road design on a projected 8 year traffic count is an over
design for the life of this roadway. since the road will be used
only as a park entrance after 1996. A 1999 traffic count and a 2001
road design is beyond. what is needed. If the Florida Department of
Transportation would allow the 2" pavement and we found that before
1996 the pavement was not holding up, the City could resurface with
an additional 1" at that time.
2. Reduce the roadway speed limit to 35 mph thereby reducing the taper
length by 200 feet. This produces a savings of $ 7000 +/-. A
reduced speed limit 1000 feet before and after the curve is a very
inexpensive way to make the curve safer and to save around
$ 7000.
3.
since the new design maintains traffic on the old road this
eliminates the requirement for a maintenance of traffic plan-
savings $ 1300.
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Should you have any questions on the above, please do not hesitate to call.
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johlt Ii. Webb ~ Associates, lltc.
Consulting enginecrs
3319 MAGUIRE BOULEVARD, SUITE 100. ORLANDO, FLORIDA 32803 (407) 898.9322 FAX (407) 894-0169
May 29, 1991
city of Winter Springs
1126 E. S.R. #434
winter Springs, FL 32708
Attention:
Mr. Richard Rozansky
City Manager
SUbject :
ProPJsaI for Additional Engineering
and Land Surveying Services
Central winds Park/SR 434
city of Winter Springs, Florida
W12-01.4
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ladies/Gentlemen :
John B. Webb & Associates, Inc., is very pleased to provide this proPJsal for
additional Engineering and Land Surveying Services for the Central winds Park,
City of Winter Springs, Florida. We have reviewed the necessary infonnation
and have determined our scope of services to be as follows.
I. Preliminarv DesiQll
A. Develop preliminary design relocating curve to the south in order to
utilize existing roadway for traffic maintenance.
B. Develop Construction Cost Estimate for above design.
C. Meet with City officials to discuss feasibility of right-of-way
a<:xIUistion.
D.
SUl:::mit preliminary design to Florida Department of TransPJrtation
for approval and to discuss handling of the right-of-way after
bypass is built.
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Estimated Fee for Item I Above
$
4,700.00
Page 'IWo
Mr. Richard Rozansky
City of winter Springs
May 29, 1991
II. Plan PreDaraticn
A. Provide a plan-profile sheet showing proposed mainline arxi establish
new profile grade line in accordance with the addition of the four-
foot paved shoulder.
B. Provide full cross-sections at 100 foot intervals along proposed
mainline construction. sections to include existing ground,
proposed roadway template arxi drainage features.
C. Provide maintenance of traffic plan showing staging of the
construction arxi methcxl of maintaining traffic flow.
D.
Provide a typical section sheet showing proposed roadway templates
of the mainline. Pavement design has been supplied by Florida
Deparbnent of Transportation arxi no additional pavement design has
been included in this proposal. '!his sheet will also include the
driveway profile and driveway pavement section as required by
Florida Deparbnent of Transportation.
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E. Provide a plan sheet detailing necessary location arxi type of
signing arxi marking on the mainline roadway.
Estimated Fee for Item II AOOve.
$
8,725.00
m. Permi.tt.i.m Rec1uirenEnts
A. Prepare drawings arxi sul::mit application package to st. Johns River
Water Management District for approval of 40C-42 individual pennit.
B. Provide attendance at agency meetings throughout duration of
project. '!his includes one (1) meeting with st. Johns River Water
Management District, one (1) meeting with Florida Deparbnent of
Transportation arxi two (2) meetings with City of Winter Springs.
Estimated Fee for Item III AOOve . . . . . . . . . . . . $ 4,325.00
IV. Bi<H.i.rQ Rlase
A. Provide construction and bid dcx...""UllleJ1ts for City of Winter Springs.
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B. Provide an engineers construction cost estimate for the proposed
design.
Page 'Ihree
Mr. Richard Rozansky
City of Winter Springs
May 29, 1991
C. Provide certification of compliance with Florida Department of
Transportation sight distance criteria.
Estimated Fee for Item IV Above. . . . . . .
$
2,350.00
v. Mtiticna1 Smveyi.nJ Requ.ireDent
A. Provide field work for additional cross sections along centerline,
every 100 feet.
B. Provide field work, legal descriptions and sketches for right-of-way
taking .
C.
Provide field work for additional location required by Florida
Department of Transportation due to the lengthening of the tapers.
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D. Stake-out and refence Centerline Construction as per Florida
Department of Transportation Guidelines.
Estimated Fee for Item V Above . . . . . . . .
$
5,175.00
We propose to provide the above, listed professional engineering and land
surveying services at the hourly rates listed, plus out-of-POCket expenses, in
accordance with Exhibit "A" - Schedule of Fees and Compensation, John B. Webb
am Associates, Inc., which shall become part of this agreement. We estimate
the fee for these services to be '!Wenty-Five '!housand '!Wo Hundred Seventy-five
Dollars ($25,275.00), and we shall not exceed this amount without prior
authorization from you.
Payment for services provided shall be made monthly, based on an itemized
invoice of man-hours for personnel assigned, plus out-of-POCket expenses
(telephone, travel, printing, postage, etc.) and in accordance with Exhibit
"A" of this agreement.
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All requested blue prints shall be furnished at One Dollar and '!Wenty Five
Cents ($1.25) Per sheet and shall be billed in addition to the stated fees.
Page Four
Mr. Richard Rozansky
City of winter Springs
May 29, 1991
The cost of these services does not include application, review fees, or
permitting fees which are customarily paid for by the client.
Additional services not listed herein, or revisions to completed work not the
fault of our firm, shall be furnished at the hourly rates listed in Exhibit
"A", plus out-of-pocket expenses.
Should the contract be tenninated prior to completion of work as outlined
herein, our firm will be compensated for the work performed up to the
tennination date at the hourly rates (plus expenses) .
Acceptance of this proposal may be indicated upon execution by yourself or the
signature of an authorized official of the City of Winter Springs, in the
space provided below. One signed copy of this proposal returned to our
office will serve as our agreement and as our notice to proceed.
Should you have any questions relating to any matter contained herein, please
do not hesitate to contact me.
Sincerely,
JOHN B. WEBB & ASSOCIATES, INC.
P.E.
ames L. Van Ostran, P.L.S.
Director of land Surveying
cc: Mr. David BarthjGlatting, Lopez, Kercher, Anglin
PROPOSAL Aa.:t:P I'W AND PROFESSIONAL SERVICES AS PROPOSED HEREIN ARE HEREBY
AUIHORIZED .
CITY OF WINTER SPRINGS
BY:
DATE:
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TITLE:
WITNESS:
P-275
EXHIBIT "A"
SCHEDULE OF FEES AND COMPENSATION
JOHN B. WEBB AND ASSOCIATES, mc.
JANUARY 1, 1991
A. FEES AND COMPENSATION
1. Reimbursement of salary cost, overhead, and administrative expenses
for personnel employed on Project at the following inclusive hourly
rates.
Professional and Technical Services
Personnel Category Hourly Rate
Sr. Project Manager/Principal Engineer/Sr. Surveyor. $ 83.00
Project Manager/Project Engineer/Project Surveyor. $ 67.00
Environmental/Civil Engineer/Land Surveyor $ 62.00
Engineering/Survey Technician II . . . . . . $ 52.00
Engineering/Survey Technician I . . . . . . $ 41.00
Senior Draftsman/Senior Technical Assistant $ 36.00
Draftsman/Technical Assistant $ 31.00
Administrative Assistant $ 29.00
Three-Man Survey Crew $ 81.00
Two-Man Survey Crew $ 65.00
2.
Reimbursement of direct non-salary expenses are as follows:
a) Travel and subsistence cost incurred by personnel engaged in the
work when traveling in connection with the project.
b) Identifiable reproduction costs applicable to project.
c) Identifiable communication expenses applicable to project.
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3. Reimbursement for services performed by an independent consultant,
approved by the client, shall be at cost, plus fifteen percent (15\)
for handling.
4. Reimbursement for services rendered in court or for depositions will
be 2.5 times'the above rates with a minimum of an eight (8) hour day
for each day of appearances or deposing.
B. TERMS AND CONDITIONS
The above schedule of fees and compensation is based on the following
conditions:
1. Charges at the hourly rates above will include the time that
applicable employees are performing actual work on the project at the
offices of John B. Webb and Associates, Inc., at the site of the
project, or in travel status in connection with the project.
2. Some of the personnel categories listed may not be required or may be
required only for short periods of time.
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C. PROVISIONS OF PAYMENT
1. Invoices for fees and reimbursements shall be submitted to the Client
on a monthly basis, unless otherwise agreed. The amount to be
invoiced shall be determined by John B. Webb and Associates, Inc.
Page 1 of 2
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2.
Payments shall be due upon receipt, and after twenty (20) days, a
charge of 1-1/2 percent per month shall be assessed on all invoices
not paid according to these terms.
3. Jphn B. Webb and Associates, Inc. shall have the right to cease
performing any and all services or terminate an agreement for said
services if any invoice has remained unpaid for more than twenty (20)
days after submitted.
D. SPECIAL PROVISIONS
1 . Insurance
John B. Webb and Associates, Inc., at its expense, carries public
liability insurance for property damage and bodily injury, automobile
liability insurance for bodily injury and property damage, "and
Workmen's Compensation Insurance.
2.
Deliberation
In the event any invoice or any portion thereof remains unpaid for
more than forty-five (45) days following the invoice date, John B.
Webb and Associates, Inc. may initiate legal proceedings to collect
the same and recover, in addition to all amounts due and payable
including accrued interest, its reasonable attorney's fees, and other
expenses related to the proceeding. Such expenses shall include, but
shall not be limited to, the cost, determined at John B. Webb and
Associates, Inc. normal hourly billing rates, of the time devoted to
such proceeding by its employees.
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3. Conmencement, Prosecution, and Coq>letion
John B. Webb
upon receipt
perform the
schedule.
and Associates, Inc. proposes to begin work immediately
of "Notice to Proceed" and to diligently expedite and
services in conformance with the Client's proposed
The Client shall agree to such appropriate extensions of time for
performance of the services that may be necessary because of delay
occasioned by the Client, Acts of God, or other acts beyond the
control of John B. Webb and Associates, Inc.
4 . Notice to Owner of Property
Within forty-five (45) days upon execution of this agreement, John B.
Webb and Associates, Inc. shall submit a Notice to OWner to inform the
OWner of said property that John B. Webb and Associates, Inc. has or
is furnishing services for improvement to the real property.
* Applicable date: January 1, 1991
Rates for Professional and Technical Services and out-of-pocket
expenses shall be subject to change by negotiation and mutual consent
at the end of one (1) year following the above-stated applicable date,
in recognition of inflationary trends not subject to the control of
either party.
Page 2 of 2
C-007
June 3, 1991
FROM:
Land Development
coordinator~
TO:
City Manager
RE: Agenda Item, Official Zoning Map Update
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The above referenced, as per the dictates of Section 20-102(c)
of the Code, must be updated and approved once yearly by the City
Commission at the first regularly scheduled meeting after May 31
which, this year, is June 10. The Planning and Zoning Board
recommended acceptance at their meeting of May 15, 1991 (please
refer to attached, unofficial P & Z Minutes).
/fg
cc: Mayor
Commission
City Attorney
City Clerk
PLANNING AND ZONING BOARD MINUTES
May 15, 1991
The meeting was called to order at 7:30 p.m.
BOARD MEMBERS:
David Hopkins, Chairman, Present
David McLeod, Vice-Chairman, Present
John Horan, Present
Martin Trencher, Present
John Ferring, Present
CITY OFFICIAL:
D. LeBlanc, Land Dev. Coord.
J. Koch, Dir. Adm./Comp. Planning
F. Kruppenbacher, City Attorney
Approval of Minutes of Mav 1. 1991.
Trencher moved to approve the minutes of May 1, 1991. Seconded by Horan. Vote:
All aye, except McLeod who abstained as he was not present at the May 1 meeting.
Approval of updated Zoning Map as per Section 20-102 (c) of the Code of
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Ordinances.
LeBlanc noted to the Board that there is only one change to the map, Ordinance
497, annexing a piece of property for which a land use has not yet been assigned.
This was adopted November 12, 1990. Trencher moved to recommend to the City
Commission the acceptance of the Zoning Map as updated. Seconded by Ferring.
Vote: All aye.
Conceptual Plan - Tuscawilla Countrv Club. ISO-unit Guest Cottaae Proposal
City Attorney Frank Kruppenbacher addressed the Board. Kruppenbacher stated he
had received a request from the City Manager to render a legal opinion on the
proposed development. He performed a comprehensive background check into all
related matters, including the Imara decision, to ensure the City acts
consistently with previous actions. Kruppenbacher stated he had a conversation
with James Mikes of Florida Country Clubs Inc. (the owner of Tuscawilla Country
Club) at 5:15 today in which Kruppenbacher noted he had concerns regarding a
vested right to develop this project. He believed it would be prudent to meet
with the City Manager and City staff to clarify his various concerns.
Kruppenbacher said he was immediately advised by Mikes to give an opinion so
Mikes could sue the City tomorrow. Kruppenbacher advised the Board to take no
action at this time until he can consult with his client, the formal City
Commission, and consult with experts within his firm to make sure everyone is
handling this issue properly. Kruppenbacher recommended to the Board to defer
this discussion.
Ferring requested Kruppenbacher to forward copies of the Imara decision to the
members of the Board. McLeod requested Kruppenbacher verbally highlight the
decision so the Board has some base to work from.
Kruppenbacher stated there was an original final judgement which resulted from
the case being heard on November 21 and 22, 1985. The court found in Paragraph
1 that a preliminary development plan was approved by the City in 1971 and was
currently in effect for the property. The second finding was under that PUD
plan, the court found that the parcels of real ,property owned by Imara planned
for development were designated for condominium use development. The third
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WI.NTER
SPRINGS
CIVIC
ASSOCIATION
PO Box 195332
Winter Springs, FL 32719-5332
May 8, 1991
Mr. Richard Rozansky,
City Manager
City of Winter Springs
T own Hall
1126 State Road 434
Winter Springs, Florida 32708
Dear Dick:
Pursuant to our previous discussions regarding the Civic Associations
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re~uest for a storage shed, and our own plans for a Veteran's Memorial
near Sunshine Park, I am submitting drawings for each project subject
to your approval or the City Commission's.
It is the Civic Associations hope that the City will assist in these
projects by supplying us with the support that is needed to make both
of these projects a reality. The cost of the Veteran's Memorial will
be borne by the Civic Association and the City will provide a flagpole
and the space needed.
Please advise me if there is anything else that you need from me and
I would appreciate your returning our drawings as they are the only
copies we have.
Sincerely,
c=~
~ Ferring,
President
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May 16, 1991
Mayor Phil Kulbes
City Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32701
Re: Development 01' a portion 01' the 244 acres owned by Florida Country Clubs,
Inc. in the Tuscawilla PU D
Dear Mayor Kulbes:
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Historically, land use in the Tuscawilla PU 0 haS been the subject of much
misunderstanding and contl'oversy. The pl'Oposed use by Florida Country Clubs, Inc.
("FCC") is no exception. This letter is inlended to clarify lhe si tuation.
In 1971, the Tuscawilla development was annexed into the City and a PU D plan
adopted as part ot' the annexation. With the exception 01' changes to portions ot' the plan
tor specific parcels now developed, the 1971 plan stands in lact today since no
subsequent plan was ever adopted.
FCC owns 244 acres which includes 190 acres tor 1I1e Tuscawilla Country Club.
The 54 remaining acres are vacant and not used. FCC acquiI'ed the land in September,
1987. Prior to closing, I did my due diligence at the City concerning the land use and
zoning applicable to the entir'e 244 acr'es. 1 was intormed of the 1971 annexation and the
plan. I was not advised of any SUbsequent I legally adopted amendment of the plan which
aft'ected the uses on FCC's properly. At that time, I confirmed that the 1971 plan as
applied to FCC's property included eight acres 01' condominiums at twelve units per acre
on our 8th tee on Winter Spl'ings Boulevard and the 14th green on Northern Way and ten
acres 01' guest cottages at fifteen units LO the acre near [tie clubhouse al'ea.
In 1985, two years pl'ior to FCC's acquisition of IIle l44 acres, a local court
confirmed the validity of the L~71 plan. In panicular', it found that the condominium
designations on the plan are valid and such parcels are developable at twelve units per
acre (or 48 units on each of FCC's lour acre condominium pJrcels). No specific mention
was made by the coun concerning FCC's clubhouse area.
In 1989 and 1990, the issue ot' land use was again debated in the CilY'S litig'ation
with Gultstl'eam. As the court records retlect, the City confirmed the right to ten acres
of guest cottages al fifteen units per acre.
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Since early 1988, I tlave been meeting with the r'epl'esentatives or Tuscawilla
homeowners association to arl'ive al a plan for the use of our extra land which can
1500 Winter Springs Boulevard. Winter Springs. Florida 32708. 407-366-1851
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Mayor Phil Kulbes
May 16, 1991
Page 2
accommodate FCC's economic interests and not adversely affect the surrounding
homeowners. Many proposals have been made by FCC to the homeowners, but there has
been no "official" confirmation fl'Om the HOA of their desir'es. During the same period
of discussion with the homeowners, I have continually keep the City'S staff advised of our
"progress" (or lack of it) and have developed a better undel'standing of the staff's
posi tion.
In order to make certain we develop consistent wi Lt1 the original 1971 PU D plan,
we retained the same planning firm which did the 1971 plan and which participated in the
Gulfstream settlement. They have pl'epared plans which are consistent with both the
1971 plan and the confirmed zoning in the GuUstream set llement. Several months ago,
we submitted to staff a plan for the 150 guest cottages as permitted by the 1971 plan.
We did not at that time submit a plan for the 96 condo units on our other parcels,
however, the plans for those parcels will be submitted next week tor final plan approval.
Our interest in developing the 96 units is not as keen as tile 150 units, and the 96 units
are negotiable.
The staft' has met with us several times (and the City attoI'ney has been involved
in several of the meetings) on the guest cottage land plan. They have now deferred to
the P&Z and City Council 1'01' guidance.
We have had recent conver'sations with Mr. Khemlani as the representative of' a
large group of the Tuscawilla homeowners. He has expressed opinions of a number of' the
homeowners. Based on discussions with MI'. Khemlani, we Cll'e willing to incorporate into
our plan if approved by the City Council, the f'ollowing conditions:
o
We will use the 150 units (with an average size of 1100 to 1200 square f'eet)
as luxury apartments. The units will be designed tor potential f'uture
convel'sation to condominium.
o
We will not pUl'sue any other residential uses on OUI' land over the 150 units,
specifically releasing any l'igllts to the 96 conclominium units on Holes 8 and
14. We will eventually seek permits to build anOUlel' 9 golf holes for a total
of 27 holes, but that will not be addressed at this time.
o
The units will be luxury in natur'e and consistent with the look of our
clubhouse.
o
We will build the new pool/tennis before dbmdntling the old facilities.
o
We will commit to intense landscaping and a beautiful roadway and
entrance treatment, including a brick and wruugllt il'On perimeter fence on
Winter Springs Boulevard. We will also re-landscape the islands in the
l'Oadway.
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Although some homeownel's may 110pe we will go away i:lndnot press our legalr'ight
to develop our property, we will not. We al'e prepared wi I II financing to immediately
develop the guest cottage pal'cel. Should we be delayed by the Ci ty or homeowner's, we
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Mayor Phil Kulbes
May 16, 1991
Page 3
will incur signiticant damages for which we will seek appropriate compensation from the
party at fault. The issue must be addressed immediately and the City must take its
position to either assist in or prevent OUI' development so that we can proceed in the
appropria te manner.
I will be pleased to meet with the City'S designated representatives to work out
a compromise consistent with what I stated above.
JRM:bh
cc: Members of the City Council
Members of the Planning & Zoning Board
Frank Kruppenbacher
Dick Rozansky
Don LeBlanc
- Moti Khemlani
Mike Holbrook
Charley True
very ~rUl~
mes R. Mikes
T07:MISC:JRM0077