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HomeMy WebLinkAbout1993 03 22 City Commission Regular Minutes 92-93-13 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 22, 1993 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p.m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: Don Jonas, present John Langellotti, present Terri Donnelly, present Cindy Kaehler, present For the invocation Commissioner Langellotti asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Don Jonas. Approval of minutes of Regular Meeting of March 8, 1993: There were no additions or corrections; the minutes stand approved as presented. Carol Brewington of the Winter Springs Police Department was honored for her service on the Citizen Alert Program. Commissioner Jonas presented her with a plaque in appreciation for her outstanding service. Public Comment: Dick Denny, Pebble Beach Circle, asked if the City was ever asked if they could maintain the Winter Springs Boulevard median in the condition it is right now. He also suggested passing a one half or one mil tax for the beautification of Winter Springs. . Proposed Improvement Refunding Revenue Bonds, Series 1989: Jim Lentz and Mike Stewart, Financial Advisors, were present. Mr. Lentz said due to the decline in interest rates we have an opportunity to advance refund a portion of the 1989 issue which would represent an approximate savings of 5% of the amount of bonds we would be refunding. He said tonight he will be asking the Commission for some direction on how they would like to proceed. Mr. Lentz said he would recommend on the basis of the 5% level the City should proceed with the refunding. He said in discussing this matter with the City Manager and Finance Director and after the Workshop Meeting last week, there was a feeling that because of the favorableness of interest rates being at 22 and 23 year lows, and the need for a new public safety complex, that it might make sense to put monies in for the public safety complex into this issue rather than waiting until a later date and paying additional fees and expenses. He explained the different alterna- tives available. Mr. Lentz said the direction they are looking for is whether or not Staff and your financial advisors are to consider the straight refunding and at a later date get back to the public safety complex, or should we continue to go forward and try to lock in a refinancing as well as raise the $1,750,000 for the public safety complex and try to keep the debt service approximately as it is now. . Commissioner Kaehler said she would like us to consider buying the property where we are considering a piece next to the park, and also next to that or on the other side because she said it makes real good sense to have the public works complex right next to the place that needs a lot of public works and is centrally located. . Regular Meeting, City Commission, March 22, 1993 Page 2 92-93-13 Motion was made by Commissioner Kaehler that we go for the refunding; that we go for the shorter debt service and the $1,750,000 for the public safety complex. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Sanders Property, Proposed Purchase (8~ acres due east of Central Winds Park): Motion was made by Commissioner Kaehler to purchase the property. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. Walgreens (Proposed), allow wooden fence vice concrete block wall: Motion was made by Commissioner Kaehler that we allow Walgreen's to put up a wooden fence vs. the concrete block wall with the stipulation that the fence will be inspected every year by the City and that it must be maintained in accordance with those standards as determined by the City Commission. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. . Tuscawilla Country Club-Conceptual Plan for Maintenance Building Relocation: Motion was made by Commissioner Jonas to approve the conceptual plan for the maintenance building on Tuscawilla Country Club. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Resolution No. 703, Lot Split - Lot 4, Block F, N. Orlando Ranches Sec. I-A, P.B. 12, Pgs. 31 and 32 (235 East Panama Road): Attorney Kruppenbacher read Resolution No. 703 by title only. Motion was made by Commissioner Torcaso to adopt Resolution No. 703. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Tuscawilla Road Widening-Jerry McCollum, County Engineer: Mr. McCollum said he was present this evening to give a quick overview of what the County is doing on Tuscawilla Road. He said eventually Tuscawilla Road will be four laned from S.R. 426 or Aloma to S. R. 434. He said currently they are getting the design right of way finished up on the piece of Tuscawilla from Aloma to Red Bug Lake Road. He said the plan is to first let the contract around fall or late this year 1993. Fall of 1994 they will be doing the other piece from Red Bug Lake Road to East Lake Drive. He said the piece he is going to talk about tonight is scheduled about a year after that, Fall 1995; he said they will be doing the piece from East Lake Drive to Winter Springs Boulevard. The one remaining portion from Winter Springs Boulevard to S.R. 434 is in the second five years of their ten year work program. He said they are probably talking at least five years for that piece. . . Regular Meeting, City Commission, March 22, 1993 Page 3 92-93-13 Mr. McCollum said they are in the process of drafting the preliminary engineering. There will be a meeting with the County Commission on April 13th for the final typical section approval. Commissioner Langellotti said he thinks the County could save a lot of money if they would three lane the road and lower the speed limit to 35 mph. Commissioner Kaehler said she thinks we need to send a message to the County Commission that until the Expressway is completed, until the traffic patterns can be established and traffic counts can be made, that they not plan on four laning this road. She said we need to send a real strong letter to the County Commission. Commission was in agreement to send the letter. John Ferring, Benitawood, spoke about the disaster on Red Bug Lake Road. He said there are numerous residential areas that are going to be affected by this, and does the County take this into consideration. He said there are hundreds of children that are walkers from Keeth and the new Junior High School. All these things have to be taken into consideration. City Manager John Govoruhk is to send a letter to the County Commission. . Armando Guarin Lawsuit Settlement of Fees: Attorney Kruppenbacher said at the last meeting he told the Commission he would report back to discuss the proposed settlement. He said the figure is in the $20,000 plus range. He asked for authority to schedule a Hearing and say to the Judge the City Commission will do whatever you think would be appropriate and let the Judge call it. If before we get to a Hearing, they come back with a proposed actual dollar settlement Attorney Kruppenbacher would bring that back to the Commission. Mayor Kulbes called a recess at 9:00 p.m. and called the meeting back at 9:10 p.m. First Reading of Ord. No. 544, providing for a schedule for review of Comprehensive Plan Amendments; providing for procedures for review and adoption of Compo Plan Amendments, etc.: Motion was made by Commissioner Torcaso to read Ord. No. 544 by title only on first reading. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Attorney Kruppenbacher read Ord. No. 544 by title only on first reading. Resolution No. 704, Solid Waste Collection Rate Resolution: Attorney Kruppenbacher read Resolution No. 704 by title only. Motion was made by Commissioner Jonas to adopt Resolution No. 704. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. . City Manager John Govoruhk: 1991-92 Audit Report-Management Letter/Comments/Review/Acceptance: Motion was made by Commissioner Kaehler to approve the Audit Report. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. . . . Regular Meeting, City Commission, March 22, 1993 Page 4 92-93-13 Mayor Kulbes called a Special Meeting for March 29th for the appointment of auditor. Emergency Purchase of Truck: Motion was made by Commissioner Torcaso to authorize the City Manager to purchase the one ton dump truck under emergency circumstances. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Monthly reports have been distributed. Attorney Kruppenbacher said he has reviewed the Outdoor Performance Contract with the Floriday Symphony and also the Tourist Development letter. He suggested having a three party agreement where the City would have the facility, the Tourist Council would pay for the symphony and the Florida Symphony will give the performance. Attorney Kruppenbacher said on the severance package of Mr. Rozansky, he has reviewed the documents provided him by the City Clerk through John Govoruhk, and at this time he can find no legal basis to sustain an obligation to pay the thirty some odd thousand dollars in accrued sick leave. Attorney Kruppenbacher spoke about the proposed settlement that was rejected by the Commission in settlement of the Jackie Koch case. He said there are intangibles that go into defending lawsuits and one of those great intangibles are your witnesses. The main witness is your former manager and the other witnesses are from Ocala. He said when you view the cost of defense bringing the consultants from Ocala to testify, the lawyers, etc. and still have the possibility of exposure, he asked the Commission do they want to proceed with the defense or do they want to wrap it up. Attorney Kruppenbacher asked the Commissioners to think about it and to call him. The proposed ordinance for the Tuscawilla maintenance was given to the Commission and will be on the next agenda. The Country Club Village lighting issue will also be on the agenda for the next meeting. Attorney Kruppenbacher said the Commission has Mr. MacIntyre's final report. The Sullivan Properties withdrew its request for a permit rendering mute or ending the litigation over whether or not they should be issued a permit. The Administrative Hearing was cancelled and the DER permits will be withdrawn. He said he has heard nothing regarding any potential litigation. Regarding Escrow Deposits, Attorney Kruppenbacher recommended the City money, and if someone asks for it it could be paid back with interest. the money be applied to our Stormwater Management Utility. keep the He recommended Commission Seat IV - Terri Donnelly: Commissioner Donnelly spoke about the 25% of her monthly expense she wants to return to the City, and the problem she is having. will look at the resolution and report back. reimbursement check Attorney Kruppenbacher . . . Regular Meeting, City Commission, March 22, 1993 Page 5 92-93-13 Commission Seat V - Cindy Kaehler: Commissioner Kaehler thanked all the people that sent her get well cards and get well wishes. She said she wanted to close out her playground fund and turn the money over to the City. She said she would like to see that money set aside and hopefully be able to raise some more money for the playground fund. Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about the response from the Finance Director regarding a salary for the Commission. In reference to Mr. Martin's report, Commissioner Kaehler said it would cost the City an additional $17,600 if the Commission were to receive a salary. She said she did not think they were there to earn a salary; she said they are there as representatives of the people as a civic responsibility. The consensus of the Commission was to stay as it is. Commission Seat II - Don Jonas: Commissioner Jonas asked why we bank with a bank in Longwood and not Winter Springs. He spoke about the extension of Vistawilla which has been closed and asked if the Commission would consider waiving the bond. Attorney Kruppenbacher said he would take the steps to figure out how to open it up. Commission Seat III - John Langellotti: Commissioner Langellotti said he was approached by a gentleman from Eckerd Drugs who asked if the City would be interested in having a Special Olympic Kids Day in the park. He said he would have them come and make a presentation. Mayor's Office: Mayor Kulbes asked the Commission to contact their representatives and support H.B. 1155, S. B. 696; H.B. 491, S.B. 1210 and to vote against H.B. 2189, S.B. 1998 the Building Official certification. Meeting was adjourned 10:00 p.m. Respectfully submitted, ~;:~ Mary T. Norton, City Clerk ,MAYOR r Regular Meeting, City Commission, March 22, 1993 Page 2 92-93-13 Motion was made by Commissioner Kaehler that we go for the refunding; that we go for the shorter debt service and the $1,750,000 for the public safety complex. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Sanders Property, Proposed Purchase (8~ acres due east of Central Winds Park): Motion was made by Commissioner Kaehler to purchase the property. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. Walgreens (Proposed), allow wooden fence vice concrete block wall: Motion was made by Commissioner Kaehler that we allow Walgreen's to put up a wooden fence vs. the concrete block wall with the stipulation that the fence will be inspected every year by the City and that it must be maintained in accordance with those standards as determined by the City Commission. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Tuscawilla Country Club-Conceptual Plan for Maintenance Building Relocation: Motion was made by Commissioner Jonas to approve the conceptual plan for the maintenance building on Tuscawilla Country Club. Seconded by Commissioner Langellotti. ~ Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Resolution No. 703, Lot Split - Lot 4, Block F, N. Orlando Ranches Sec. I-A, P.B. 12, Pgs. 31 and 32 (235 East Panama Road): Attorney Kruppenbacher read Resolution No. 703 by title only. Motion was made by Commissioner Torcaso to adopt Resolution No. 703. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Tuscawilla Road Widening-Jerry McCollum, County Engineer: Mr. McCollum said he was present this evening to give a quick overview of what the County is doing on Tuscawilla Road. He said eventually Tuscawilla Road will be four laned from S.R. 426 or Aloma to S. R. 434. He said currently they are getting the design right of way finished up on the piece of Tuscawilla from Aloma to Red Bug Lake Road. He said the plan is to first let the contract around fall or late this year 1993. Fall of 1994 they will be doing the other piece from Red Bug Lake Road to East Lake Drive. He said the piece he is going to talk about tonight is scheduled about a year after that, Fall 1995; he said they will be doing the piece from East Lake Drive to Winter Springs Boulevard. The one remaining portion from Winter Springs Boulevard to S.R. 434 is in the second five years of their ten year work program. He said they are probably talking at least five years for that piece. ~. I""" Regular Meeting, City Commission, March 22, 1993 Page 3 92-93-13 Mr. McCollum said they are in the process of drafting the preliminary engineering. There will be a meeting with the County Commission on April 13th for the final typical section approval. Commissioner Langellotti said he thinks the County could save a lot of money if they would three lane the road and lower the speed limit to 35 mph. Commissioner Kaehler said she thinks we need to send a message to the County Commission that until the Expressway is completed, until the traffic patterns can be established and traffic counts can be made, that they not plan on four laning this road. She said we need to send a real strong letter to the County Commission. Commission was in agreement to send the letter. John Ferring, Benitawood, spoke about the disaster on Red Bug Lake Road. He said there are numerous residential areas that are going to be affected by this, and does the County take this into consideration. He said there are hundreds of children that are walkers from Keeth and the new Junior High School. All these things have to be taken into consideration. City Manager John Govoruhk is to send a letter to the County Commission. I""" Armando Guarin Lawsuit Settlement of Fees: Attorney Kruppenbacher said at the last meeting he told the Commission he would report back to discuss the proposed settlement. He said the figure is in the $20,000 plus range. He asked for authority to schedule a Hearing and say to the Judge the City Commission will do whatever you think would be appropriate and let the Judge call it. If before we get to a Hearing, they come back with a proposed actual dollar settlement Attorney Kruppenbacher would bring that back to the Commission. Mayor Kulbes called a recess at 9:00 p.m. and called the meeting back at 9:10 p.m. First Reading of Ord. No. 544, providing for a schedule for review of Comprehensive Plan Amendments; providing for procedures for review and adoption of Compo Plan Amendments, etc.: Motion was made by Commissioner Torcaso to read Ord. No. 544 by title only on first reading. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Attorney Kruppenbacher read Ord. No. 544 by title only on first reading. Resolution No. 704, Solid Waste Collection Rate Resolution: Attorney Kruppenbacher read Resolution No. 704 by title only. Motion was made by Commissioner Jonas to adopt Resolution No. 704. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. City Manager John Govoruhk: 1991-92 Audit Report-Management Letter/Comments/Review/Acceptance: Motion was made by Commissioner Kaehler to approve the Audit Report. Seconded by ~ Commissioner Jonas. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Regular Meeting, City Commission, March 22, 1993 Page 4 92-93-13 r- Mayor Kulbes called a Special Meeting for March 29th for the appointment of auditor. Emergency Purchase of Truck: Motion was made by Commissioner Torcaso to authorize the City Manager to purchase the one ton dump truck under emergency circumstances. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Monthly reports have been distributed. Attorney Kruppenbacher said he has reviewed the Outdoor Performance Contract with the Floriday Symphony and also the Tourist Development letter. He suggested having a three party agreement where the City would have the facility, the Tourist Council would pay for the symphony and the Florida Symphony will give the performance. Attorney Kruppenbacher said on the severance package of Mr. Rozansky, he has reviewed the documents provided him by the City Clerk through John Govoruhk, and at this time he can find no legal basis to sustain an obligation to pay the thirty some odd thousand dollars in accrued sick leave. r Attorney Kruppenbacher spoke about the proposed settlement that was rejected by the Commission in settlement of the Jackie Koch case. He said there are intangibles that go into defending lawsuits and one of those great intangibles are your witnesses. The main witness is your former manager and the other witnesses are from Ocala. He said when you view the cost of defense bringing the consultants from Ocala to testify, the lawyers, etc. and still have the possibility of exposure, he asked the Commission do they want to proceed with the defense or do they want to wrap it up. Attorney Kruppenbacher asked the Commissioners to think about it and to call him. The proposed ordinance for the Tuscawilla maintenance was given to the Commission and will be on the next agenda. The Country Club Village lighting issue will also be on the agenda for the next meeting. Attorney Kruppenbacher said the Commission has Mr. MacIntyre's final report. The Sullivan Properties withdrew its request for a permit rendering mute or ending the litigation over whether or not they should be issued a permit. The Administrative Hearing was cancelled and the DER permits will be withdrawn. He said he has heard nothing regarding any potential litigation. Regarding Escrow Deposits, Attorney Kruppenbacher recommended the City keep the money, and if someone asks for it it could be paid back with interest. He recommended the money be applied to our Stormwater Management Utility. Commission Seat IV - Terri Donnelly: Commissioner Donnelly spoke about the 25% of her monthly expense she wants to return to the City, and the problem she is having. will look at the resolution and report back. reimbursement check Attorney Kruppenbacher r'" r- Regular Meeting, City Commission, March 22, 1993 Page '5 92-93-13 Commission Seat V - Cindy Kaehler: Commissioner Kaehler thanked all the people that sent her get well cards and get well wishes. She said she wanted to close out her playground fund and turn the money over to the City. She said she would like to see that money set aside and hopefully be able to raise some more money for the playground fund. Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about the response from the Finance Director regarding a salary for the Commission. In reference to Mr. Martin's report, Commissioner Kaehler said it would cost the City an additional $17,600 if the Commission were to receive a salary. She said she did not think they were there to earn a salary; she said they are there as representatives of the people as a civic responsibility. The consensus of the Commission was to stay as it is. Commission Seat II - Don Jonas: Commissioner Jonas asked why we bank with a bank in Longwood and not Winter Springs. He spoke about the extension of Vistawilla which has been closed and asked if the Commission would consider waiving the bond. Attorney Kruppenbacher said he would take the steps to figure out how to open it up. Commission Seat III - John Langellotti: Commissioner Langellotti said he was approached by a gentleman from Eckerd Drugs who asked if the City would be interested in having a Special Olympic Kids Day in the park. He said he would have them come and make a presentation. r- Mayor's Office: Mayor Kulbes asked the Commission to contact their representatives and support H.B. 1155, S. B. 696; H.B. 491, S.B. 1210 and to vote against H.B. 2189, S.B. 1998 the Building Official certification. Meeting was adjourned 10:00 p.m. Respectfully submitted, Ap ~~~ Mary T. Norton, City Clerk ,MAYOR I"" r-, March 15,.1993 TO: City Manager ~ Land Development coordinato~ FROM: RE: Agenda Item, Proposed Walgreens, Allow Wooden Fence between Commercial and Residential The policy of the Commission has been to require a concrete block wall between residential and commercial property. This can be accomplished on this property, but at the expense of nineteen (19) trees. Mr. Jerry Evans has requested that he be allowed to upgrade the existing wooden fence in lieu of a concrete block wall. Attached is the correspondence on this subject and photos of the existing fence and trees. r, ! CC; Mayor Commission City Attorney (w/o photos) City Clerk (w/o photos) r :.:'.;:. r' r' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 TO: Don LeBlanc/Land Development Coordinator steve D. Spencer/Superintendent of P.w.~~ March 2, 1993 FROM: DATE: SUBJ: Property Between S. Edgemon Ave. and S. Cortez Ave. This property was looked at per our conversation regarding the amount of trees that would have to be removed to construct a six (6) foot high wall along the south side. Mr. Brookover our arbor man did this and determined that nineteen (19) trees would have to be removed, of this nineteen three (3) are oak trees and sixteen (16) are pine trees. If you have any further questions feel free to contact myself or Mr. Brookover. r'" EVANS PROPERTI ES ~~~~nW!!rffl MAR 0 4 1993 Jerry C. Evans ClL't OF. WINTER SPRINGS J:and Development Coordinator March 4, 1993 Mr. Donald R. LeBlanc Land Development Coordinator City of Winter Springs 112~ East State Road 434 Winter Springs, Florida 32708 RE: Proposed Walgreens Site Southwest Corner S.R. 434 and Edgemon Avenue Dear Mr. LeBlanc: r As you know, one of the City's stipulations on the referenced Walgreens' site plan was the construction of a six (6') high concrete block wall along our southern property line. The purpose of the wall is to separate commercial property from residential. Presently our site is separated from the homes by a wooden fence in need of some repairs. I am including pictures of the fence. The purpose of this letter is to request that we be allowed to upgrade and improve the existing fence rather than build a concrete block wall. The main reason for making this request is to save the trees presently along the fence. The present location of the fence is bordered on both sides by trees that would be lost with the construction of th~ concrete block wall. In order to build the wall to'~cet speCificatiohs where the fence is presently, we would loose approximately twenty (20) trees some of which are very attractive. I just don't think that this would be in anyone's best interest. The possibility of building the concrete wall north of our property line and leaving the fence has been discussed. I don't think that this would be a good idea from a safety standpoint. This would leave an alley that would contain "blind spots" that would invite all sorts of illicit and immoral activities. Keep in mind that a lot of students from Winter Springs Elementary use the sidewalk that would be in this alleyway. r ~(~( Member of International Council of Shopping Centers P.O, BOX 915182 LONGWOOD, FLORIDA 32791 (407) 869-7533 March 3, 1993 Page 2 In summary, again I would like to request that we construct an attractive wooden fence in the same place as the present fence the w.()od to make. it. an asset to the co~unity. I believe that an attractive high quality wooden fence among trees would be much more attractive than a concrete block wall without the trees and would serve the intended purpose of separating the commercial from the residential areas. Thank you for your consideration. r ;/'~'--':';-;'---;}..:'--- ,<,-,:,. ----''--'-'---'----'-'--"-"-~~-_._---_.- - r'- March 15. 1993 TO: City Manager Coordinator~ FROM: Land Development RE: Tuscawilla Country Club, Conceptual Plan for Relocation of Maintenance Building Please see attached conceptual plan and Staff comments. cc: Mayor Commission City Attorney (w/o attachments) City Clerk (w/o attachments) ('. r ('""" March 15, 1993 TO: City Manager ~ Land Development coordinato~ . FROM: RE: Agenda, Resolution for Lot Split The applicants, Wayne A. and Cynthis. M. Miller, have made application to split Lot 4, Block F, North Orlando Ranches Section I-A into two (2) lots. If granted, this split will meet all the zoning requirements of RC-l Zoning. cc : Mayor Commission City Attorney City Clerk r r r. March 15, 1993 TO: City Manager ~ Land Development coordinato~ FROM: RE: Agenda Item, Sanders Property (Proposed Purchase) Negotiations for that property to the immediate east of Central Winds Park are now complete. The property is to be primarily utilized for effluent disposal. A secondary use of the property will be playing fields, both soccer and youth softball. Present plans do not call for buildings. The most valuable part of this acquisition is the twenty (20) foot easement from Orange Avenue to the lake, directly across from the maintenance building. This will eventually be part of the stormwater management system. cc : Mayor Commission City Attorney City Clerk r r William P. Pardue. Jr_ MAl, SRA Robert L tield, MAl, SRPA Larry A Church, MAl, SREA WUllam C. Smith, MAl, SREA E.E. Waller, III, MAl, SRPA Robert Moreyra, MAl ~ PARDUE-HElD CHURCH- SMITH & WALLER, INC. Bradford L. Johnson, MAl Mark Silverstein, SRA Craig T. Duckworth, MAl David W. Bovd. MAl Stephen M. Schmidt. SRA r APPRAISERS' REALTORS CONSULTANTS'MARKET ANAlYSTS November 27, 1992 City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Attention: Richard Rozansky, City Manager " r Gentlemen: At your request, we have completed an appraisal of 9.1 + acres of vacant, unimproved agricultural land zoned R-U (Rural Urban Residential Dwelling District), located south of Lake Jessup and north of Stale Road 434, on the south side of Orange Avenue, in the city of Winter Springs, central Seminole County, Florida. In addition, we have appraised a 12,000 square foot storm drainage and dispersal easement opposite the subject. This property is further identified and described by both a legal and narrative description within the text of this appraisal report. The purpose of this appraisal was to estimate the market value of the fee simple interest in the subject property, and the partial interest in the proposed storm drainage and dispersal easement to be acquired by the City of Winter Springs, as of the effective date of the appraisal, November 23, 1992. Market value, fee simple interest and other appraisal terms are defined within the text of the following appraisal report. As a result of our investigation into those matters which affect market value, and by virtue of our experience and training, we have formed the opinion that the market value of the fee simple interest in the subject property, with the storm drainage and dispersal easement, effective November 23, 1992, was: . Three Hundred Fifty Thousand Dollars r ($350,000). 1403 WEST COLONIAL DRIVE ORLANDO. FLORIDA 32804-7199 (407) 841-3602 . FAX (407) 841-1543 BREVARD COUNTY 1407) 288-0403 TAMPA 1813) 287-1020 PINELLAS COUNTY 18131 728-4849 WEST PALM BEACH 14071471-9050 BROWARD COUNTY (305) 380.0707 r Page II November 27, 1992 The appraisal analyses, opinions and conclusions were developed and this appraisal report has been prepared in conformance with (and use of this report is subject to) all regulations issued by the appropriate regulatory entities, regarding the enactment of Title XI of the Financial Institution Reform, Recovery and Enforcement Act of 1989 (FIRREA), the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. This letter of transmittal precedes the full narrative appraisal report, further describing the property and containing the reasoning and most pertinent data leading to the final value estimate. Your attention is directed to the -General Assumptions-, -General Limiting Conditions- and -Certificate of Appraisal- which are considered usual for this type of assignment and have been' included within the text of this report. r Respectfully submitted, pardue;~ ~hjjrCh' - 'th & Waller, Inc. . g (2~Us:t .. ---- E.E. Waller, III, MAl, SRA . State Certified General Appraiser 0000087 1 v J c,{ .+.tA.,- Todd F. Cohen, Associate State Registered Real Estate Appraiser 0000545 EEW:TFC:cls:tph AE920047 r l' ~ 1 l J .. I .... l of" - r r\ AE920047 WCATION TYPE OF PROPERTY HIGHEST AND BFST USE DATE OF V ALUA TION INTEREST IN PROPERTY APPRAISED FINAL VALUE FSTIMATE MARKETING PERIOD CONDITIONS .lttiliJ,t"....t...: t!';,.,. _, .,..1J:~r";.._'t1'~,' . '~\;' :~;~'ir't ~'."..!'li',..<". " PARDUE-HElD CHURCH-SMITH & WALLER, INC, 1 SUMMARY OF APPRAISAL The subject property is located south of Lake Jessup and north of State Road 434, on the south and north sides of Orange A venue, in the city of Winter Springs, central Seminole County, Florida. The subject property consists of 9. I + acres of vacant unimproved agricultural land and a 12,000 square foot drainage and dispersal easement, zoned R-U (Rural Urban Residential Dwelling District). Please refer to the Subject Property Data and Site Data sections of this report for further information regarding tile subject. The highest and best use of the subject property is for residential development. November 23, 1992 Fee Simple, for 9.1..f:. acres plus a perpetual easement over land lying north of Orange Avenue $350,000 Approximately one year This appraisal is subject to the -General Assumptions -, -General Limiting Conditions- and -Cenijicate of Appraisar included in the text. We have not been provided with an acreage size for the subject site. Our final value estimate is predicated on the exact acreage figure of 9.1 acres and is subject to revision should a subsequent survey reveal that the actual area differs from 9.1 acres. . ~'" ' " l ' ORLANDO BREVARD COUNlY TAMPA PINELLAS COUNlY WEST PALM BEACH BROWARD COUNlY - ~j L. "-- ..........-.- - - - - 'Jr - 1 [ Tax Map Location ) 6 --......_-- If' i ~ LAKE JESSUP .. t oJ .' "-'::'::" ':"h, . , 6J: ~ , " a. , , al , , , - ,- , .ee- . . - .-- r-- I If I I .. I " I I " " ~ .. ., .. " ~ MAP 1 , ~ !J..2....."=" 6 *" .. .'...... 25 ~ ~ ~ r' DECLARATION OF EASEMENT FOR ACCESS AND DRAINAGE THIS DECLARATION OF EASEMENT FOR ACCESS AND DRAINAGE (hereinafter the "Declaration") is made and entered into as of this ~ day of ~ku.-"'A. , 1993 (the "Effective Date"), by WILLIAM LEE SANDERS,~., his successors-in-interest and his assigns (collectively "SANDERS"), which hereby declares that the "Property" hereinafter described in this Declaration is and shall be held, transferred, sold, conveyed and occupied subject to the easements and obligations hereinafter set forth. RECITALS f' A. SANDERS is the fee simple owner of the unimproved lands legally described as, Lot 6, Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, less the East 150 feet thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida (the "Property"). B. SANDERS desires to establish and reserve for the benefit and use of the City of winter springs, its successors and assigns (the "city"), an easement for ingress and egress and for drainage and storm water outfall, by, over, through, on and across the Western twenty (20) feet of the Property from Orange Avenue to Lake Jessup as depicted more fully on Exhibit "A" attached hereto (the "Easement Area"). NOW, THEREFORE, in consideration of the sum of Ten and NO/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties acknowledge and agree that the above-stated recitals are true and correct and are hereby incorporated in this Declaration for all purposes. 2. Grant of Easement. SANDERS hereby grants, conveys, declares and establishes in favor of the CITY a non-exclusive perpetual easement in, on, upon, over, across and through the Easement Area for ingress and egress from Orange Avenue to Lake Jessup and for drainage and storm water outfall (the "Grant of Easement"). The easement rights granted herein shall include the right of the CITY to enter upon the Property for the purpose of maintaining, repairing and replacing any portion of the Easement Area. r r 3. Erection of Barricades. SANDERS shall not erect or permi t the erection of any curbing, fencing or other barriers or obstructions within the Easement Area that will in any way interfere with the use of the easements declared herein. 4. Litiqation. In the event of litigation arising under this Declaration, or in the event the CITY finds it necessary to institute litigation for the purpose of enforcing its rights under this Declaration, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party, in addition to any damages otherwise due, the reasonable attorneys' and experts' fees and costs incurred by such prevailing party in such litigation at both the trial and appellate levels. 5. Covenants Runninq with the Land. All rights, privileges, benefits and burdens created herein are covenants and agreements running with the Property as appurtenances thereto and shall be binding upon and inuring to the benefit of the parties hereto and their respective successors in interest and title. All rights, privileges and benefits granted herein to the CITY shall run in favor of their successors in interest and title. r 6. Construction. This Declaration shall be construed under the laws of the State of Florida. Venue for any action involving this Declaration shall lie only in Seminole County, Florida. This Declaration may only be modified or supplemented in writing signed by all parties, or their successors or assigns, and any modification shall take effect only upon ~ecordation in the Public Records of Seminole County, Florida. 7. Reaffirmation of Easements. Any entity or person acqu1r1ng any interest (ownership or otherwise) by transfer from, SANDERS, or any legal interest in the Property shall be deem~d conClusively and automatically to reconvey, ratify, confirm and reaffirm each and every grant of easement, obligation, term and provision set forth herein as a prerequisi te to acquiring said interest. Said reconveyance, ratification, confirmation and reaffirmation shall occur automatically by virtue of acquisition of said interest, and need not be set forth expressly or separately in any other instrument. 8. Perpetuity. Notwithstanding anything contained herein to the contrary, all the rights and privileges granted hereby shall be and remain in effect and perpetuity and may not be subject to termination or forfeiture. r -2- . . r parties hereto first above ('1.. . this STATE OF COUNTY OF ) ) The foregoing instrument was acknowledged before me this .-'l{.,.J-l-, day of F..I.-'U.Lrl:;j: '. 1993 by WILLIAM LEE SANDERS, JR., personally known to me r who did/did not take an oath. WITNESS my hand and official seal in the County and state aforesaid this .;;)~h day of F~..u.t'J.A:;j 1993. Expires: .. My Comm~l?n E.v;,lrcil fcJ,. 13, '. . r 03107g 022493 , r -3- , . JOINDER AND CONSENT TO DECLARATION OF EASEMENT I" KNOW ALL MEN BY THESE PRESENTS: _s_ta.te . That the undersigned, THE BANK OF VERNON, a.' hrai.teAal banking association existing under the laws of I tfinf--VU\ted states--ef--Ame~iea, as Mortgagee under that certain First Mortgage and Security Agreement dated April 15, 1991, and recorded May 15, 1991, in Official Records Book 2292, Page 703, Public Records of Seminole County, Florida, and that certain Second Mortgage dated July 25, 1991 and recorded August 15, 1991, in Official Records Book 2326, Page 1780, Public Records of Seminole County, Florida, encumbering the property described in said Mortgage, hereby joins in and ratifies the Declaration of Easement executed by the owner thereof in favor of the City of winter springs and recorded under Seminole County Clerk's certificate Number , and agrees that the lien of its Mortgages shall be subordinate to the easement. It is the intent of the undersigned that the execution of this Joinder and Consent shall have the same force and effect as if appearing on the Declaration of Easement. Signed, sealed and delivered in the presence of: .. THf: BANK OF VERNON, a ~t\~ banking association existing under the laws of ~ ~-S~a~es-e!-Amer~ea Alaba Its: r' ins STATE OF Alabama COUNTY OF Lamar The foregoing instrument was acknowledged before me this 26th day of February , 1993, by Samuel F. Johnson , as lale President , of THE BANK OF VERNON, a Rat:leRal banking association existing under the laws of the YRitea--States--ef--Ameriea, on behalf of the bank, who is Alabama. r r r r . " ~ ADDENDUM TO CONTRACT FOR gAL. 1ND PURCHA9g The con.lder.~1on .e~ tor~h in this Oontraot is ba8ed upon the fair market. value ot the property a. det.ermlned by the Pardue, Heid, et al, appraisal dated November 23, 1992. The contract i. entered into in lieu af the initiation and pursuit of a condemnation action by the Buyer. 031399 j/J ,Ii !l(} {)l{/lt~,- ~~ vt:e-r 3/' ! yJ - ~ . '.., ,~.:' ,.?' . \.; ...... .',. _,.," CONTRACT FOR SALE AND PURCHASE Mississippi 39703 ('.Sellen (Phone 601-328-014U- l: County Florida: Lot 14, Block "B", D.R. Jessup, accor~ing to the plat thereof, as an easement over t e est twenty feet e Levy Grant on La e Jessup, a 0 t e Pu to Lot 14, which have been retained bv a II. ... $ 350,000.00 ("I (bl Addition..11 escrow deposit within days alter Elfective Date in the amount of .. ..... . .. tc) Subject 10 AND assumption of morlgage in good standing in favor of in the amount 01. $ .$ 500.00 -o- N/A N/A 349.500.00 having an approximate present principal bulance of . . $ (el) Purchase looney mortgage and note bearing annual interest al % (see Addendum) in amount 01 .. .... . . .. $ (e) Other: $ (fl Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject 10 adjustments and proralions ......... .... $ tit. TIME FOR ACCEPTANCE: EFFECTIVE DATE; FACStMILE: If this oIfer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parlies on or before Ma r c h 15, 1993 , the deposit(s) will, at Buyer's oplion, be returned to Buyer and Ihis offer withdrawn. A facsimile copy of this Contract for Sale and Purchase r.Conlmct") and any signatures hereon shall be considered for all purposes as originals. The date of Contracl ("Effective Date'.) will be tho date when lhe last one 01 the Buyer and Seller has signed Ihis offer. ~FINANCINO: ,a) It the purchase price or any J!lIrt 01 it is to be linanced by a third-party loan, this Contrfi/l conditioned on lhe Buyer oblaining a written commitment lor (C1f,l ( II SK (2) or (3)1: ( II 0 a fixed, (2) U an adjuslable or (3) 0 a ()lIep or adjustable rate loan within_ days alter Ellecti~ ~I}te at an initial interest rate nol to exceed ~" term 01 N I A years and for lhe principal amount of $ N I A . Buyer wUI make application within N I A days after Effective Date und use r<,asOllable dUigence 10 obtain the loan commitment and, therealter, to meet the terms and conditions 01 the commitment and close the loan. Buyer shall pay all loan expenses " Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the cOlnmitment or alter diligHnt ollort fatls to meet tho terms and conditions 01 the commitment, then either party lherealter by prompt written notice to the olher may canct:! lho Contract and Buyur SI"FJI/X r<-lllnded the <.leposil(sl (b) The scribed in Paragraph lI(cl above has (CHECK (1) or (2)): (11 0 a variable interest rale or (2) 0 a fixed interosl rille of '0 ~('( annum At time of til/e transfer some fixed interest rates are subject to increase. If increased, the rate shall not excee<.l .N / A % per annum. Seller shall, wilhin N / A days alll,r Effective Date, lurnish statements Irom aU mortgag.-les stating principal balances, method of payment, inlerest rule and status 01 mortgages. " Buyer has agreed to assume a mortg.1ge which requires approval of Buyer by lhe mortgagE.'C for ffllJr'P'ion, then Buyer shall prompt~Nin all required applications alld will <.lih9l'nl/y cOfllph,te and return them 10 the mortgagee. Any mortgagee charge(s) not 10 excel.>d $ shall be paid by (if not filled in, uqually elivldo<.l).lf Buy<.:r is flat accept<.'C:f by mortg.1gee or lhe requirements for asS<.ll1lf)lion are not in accordance with the lerms of this Contract or mortgagee makes a charge in excess of lho stnto<.l amount. Set""r or Buyer may rescind this COfltrllCt by prompt written notice to tlJb~'fkparIY :l!W~f{'I! elllcts to pay the increase in inlemst rate or ex<;"ss morlg~I'JU) chm9l's V. TITLE EVIDENCE: At least 10 days before closing dale, XDGIf shall, at ~~ expense, deliver to Buyer or Buye(s attorney, in accorrfance wllh Standar<.l A, (CHECK (1) or (2)): (t) 0 abstract of title or (21m tille insurance commitment and, aller closing, OWI1t.>('s policy 01 title insumnce. VI. CLOSINO DATE: This transaction shall be closed and the deed and other closing papers delivered on April 30, 1993 ,unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and olher requirements imposed by governmental aulhority: restriclions and matters appearing on lhe plat or otherwise common to the subdivision; public utUity easemenls 01 record (easemenls are to be located contiguous to Real Property lines and not more ""l.1n 10 feet in width as 10 the rear or Iront Mnas and 7'1. feot in wN'8~~ to the side lines, unless otherwise staled herein); taxes lor year 01 closlllg an<.l subsequent years; assumed mortgages and purchase money mortgages, if any; other. ; provided. that there exists at closing no violation of the foregoing and none 01 them prevents use 01 Real Property lor purpose-Is) VIII. OCCUPANCY: Seller warrants that there are no parties In occupancy other than Seller; but, if Property is intended to be rented or occupied beyond closing, the fact and t<.:rms thereol shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees 10 deliver occupancy 01 Property at lime 01 closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes aU risk 01 loss to Properly Irom dale of occupancy, sh.111 be responsible and hable for mainlenance Irom th.,t dale, and shall be deemed to have accepted Property in its existing condition as 01 time 01 taking occupancy unless otherwise stated horein or in a separate wriling. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of COIllract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contracl): 131 0 COASTAl C':-NSTRUCTION CONTROL LINE RICER (el 0 FOOt:tGN INVESTMENT IN REAl PROPERTY TAX ACT RIDER Ib) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER (0) 0 FHAIVA RIDER (I, 0 OlHEn ~,SSIONABtLlTY: (CHECK (11 or (2)): Buyer (1) Qg may assign or (2) 0 may~sign. this Contract. PECIAL CLAUSES: (CHECK ( 1) or (2)): Addendum (1) v.f i~ ~t\ached or (2~l~re ~ M.,(,~. XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. 0>1.;; ~./\ ~l(. DISC1.0SURES: Buyer 0 acknowledges'-orfr~aelftlO.iledge receipt of the agenqy/radon/compensation and estilnaled closing costs disclosures.. ~ --------------- BUYER'S INITIALS THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLOBIDA ASSOCIATION OF REALlORS AND THE FLORIDA BAn. Awrcwal docs not constitufc an qJinion that any althe toons and conditions In this Contract should be acccpto(j by .fhe. paff'YZS' tZicU1' f /r;UI:"K:/iOIl. wid condifions should be negotiated based upon fhe rcspccflVC Interests. obieCtlVe5 and bargalfllfl!11E 01 all "" 'fed .'(SOTlS. COPYRIGHT 1991 BY ~E!LER~~ ~ ~N~ T~E!L~R1.EA_A~~IA~;E' OF" AL!Ol1r _-; / , t ~ .... C -(_ _~ . THE CITY OF WINTER SPRINGS Dale WILl.IAM LEE SANDERS JR. \ Terms (Buyer) "1 j..,;" 1-:-1" 0(-4--/:.1-) Dale Social Security or Tax 1.0. # Social Security or Tnx 1.0. /I (Seller) Dnte (Seller) 0011" (Buyer) Social Security or Tax 1.0. II Social Security or Tax 1.0. /I Deposit under Paragraph lI(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. IEscro,., A'J,.nl) BROKER.S FEE: (CHECK AND COMPlETE THE ONE APPlICABLE) By: o IF__~L!~:r!~~LAORE_~~E_~ IS CURRE~~J~FFECT; . . . . . . !:\ellt!f lI<Jlecs to pay the l3riJker named below, Including cooperating sub-agenls named, according to the lerms 0' an eXlShng, sep;lrate hsltng ')<Jle1.1n""ll: OR o IF NO ~~!.!!!O AO_'!.~~M.-ENT IS_CURI!E_NTLY_~'!..~FFECT: . . .,., seiler aglees to pay the Sloker named below, attillle 01 closing, born the disbursements of 'he proceeds 01 the snle, compensalton mthe alllount 0' (LOMILEfE ONLY ONE) -~. 01 gmss purchase price or $ for Broker's services in effecting the sate by finding the Buyer ready, willing and able to purchase pUlsuant to Ihe fOrcgolllg Confract II Buyl.>r f.lds to perform and deposil(s) is retained, 50% theleof, but not exceeding the Broker's fee above provided, shall be paid Broker as 'ull consideration '~( Broker 5 services, including costs expended by Broker, and the balance shall be paid to Seffer. H the transllCtion shall not close ~lcause 01 mluSllI or latium 0' Sell", to p<,r")"n, "elk:r shall pay the lull fee to Broker on demand. In any litigation arising out 01 the Contract concerning the Broker's fee, the prevmhng party shWl recover rea!iOnable allOl ney s lees and cosls N/A N/A N/A