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HomeMy WebLinkAbout1993 02 22 Regular e e . GLEN EAGLE POND ISSUE FEBRUARY 22, 1993 INDEX 1 LOCATION OF PONDS 2 JAN. 22, 1993 LETTER FROM MIKES TO KOZLOV 3 FEBRUARY 10, 1993 LETTER FROM MIKES TO GLEN EAGLE COMMUNITY ASSOCIATION . 4 EASEMENT AGREEMENT FOR TUSCA WILLA GOLF COURSE AND ADJOINING DEVELOPERS 5 MCINTOSH'S ESTIMATE OF REPAIR 6 MCINTOSH'S ESTIMATE OF CAUSE OF DAMAGE . - e co ~ .~ . ~ >' i i . = ~\ -,' \', \\.....-- --/./-:....,., ,..-,<..,;' ~ .. ",,,,,-0. \)," ~ ' ~ ,'.OVet ".- ,\--;~' S('~\"GS. i.... ...\~,t" / ,,/ -/ ~g, . (. ... .,./ ~'" ' ...... ~......- /'f/ ""'\. \,'" . ... ~'. ~.- ~\(.."- ,~ . 't\ y . ~ , i\ ,... _/ I- g " . .: ;; ~ . : z . . ~ ~ i ., . 3 i ! i ~ . ~ . ; ~ 2 . ; : . i ~ = ~ ! ~ ; ~ /~~ /.-------//. .ovet"'~~ _____ s",-\"G ......r$J __ , ...\,,1:.~ ": ~,~.~",,' .' ".." .., !~ ~ ~./ ')v/ >,., / ~..,"~ /;"~~'{'\,, \,'" ,'~/ ,...- \ 4~~Q - / .......)"','.... / ~' / / ~\~. ---- . . . .. e 8~ ~lYo/rcliM CL e January 22, 1993 Via Hand Delivery Leonard Kozlov City of Winter Springs Re: Storm Water Retention Facility for Glen Eagle and Tree Replacement and Runoff Diversion at Chestnut Ridge Dear Leonard: I am writing you to advise you of two easily correctable Mproblems" created by single family developments adjacent to our golf course. One issue relates to Glen Eagle on our 12th and 13th holes and the second relates to Chestnut Ridge on our 15th and 16th holes. The Glen Eagle issue is the deterioration of the pond banks on both holes where the storm water line enters and discharges into two ponds on our course. Generally, the use of ponds on the course for retention for surrounding homes is an appropriate engineering design, provided the developer properly constructs the drainage structures for perpetual use. In this case, the developer took short cuts in construction. The discharge has eaten away at the banks surrounding both structures and the ponds have filled in at these points creating a maintenance problem. There is an existing easement for discharge into the ponds, but that does not relieve the developer/homeowners association from maintenance responsibilities. The structures were installed by Winter Springs Development Corporation and Jim Martello is quite familiar with the situation. The venture/developer twice before attempted to solve the problem with "band-aid" restoration efforts, however, each time it has reoccurred. I believe that the only permanent solution is to have the pond banks be reconstructed and improved with bulkheads and the discharge be altered to prevent the swirling during heavy rains. The improvements will probably cost in excess of $30,000. I have no responsibility to bear this cost. It should be borne by either the developer, the homeowner's association, the builders on the remaining unimproved lots or the City. 1500 Winter Springs Boulevard, Winter Springs, Florida 32708 · 407-366-1851 . . . " e e I have notified the developer's representatives (i.e., Lisa Miskinis and Jim Martello) of the situation, however, their superiors in San Diego with the RTC contend that they have no responsibility to correct the problem. They have recently sold off the remaining 80 lots in the Glen Eagle development. I have discussed the issue with the purchaser of the 80 lots who feels that he should not be penalized. I have not advised the homeowner's association as yet. I ask your assistance in requiring a solution paid for by the parties responsible. I can do the work, but I need them to provide the funds. If it is not corrected, I ask you to cease issuing building permits or certificates of occupancy for additional homes not yet occupied. in Glen Eagle. If your hands are tied and I cannot obtain appropriate relief, I will have the pipes blocked at my property line to prevent all water from entering the ponds. The second issue relates to the construction/clearing at Chestnut Ridge. The developer has cleared trees adjacent to our property line which I trust the City will require be replaced. Please let me know what is required of the developer adjapent to his retention pond since it is so visible adjacent to our golf hole. In addition, the earth moving has created a more severe water problem on our 16th hole making the fairway extremely wet and difficult to maintain. Is there any requirement of the developer to correct the problem of increased water flowing onto our property? I would appreciate the opportunity to show you the problem areas. Would you please let me know when you can meet me to look at these areas? I will call you later today to set a time. Mikes . e e ~~ ~- 10 - q 3 . GLENN EAGLE COMMUNITY ASSOCIATION, INC. c/o Sentry Management, Inc. 2180 S.R. 434 - Suite 5000 Lonqwood, FL 32779 Re: storm Water Drainage Into Golf Course Ponds . Dear Neighbor: As you may be aware, a portion of the storm water runoff from the streets of Glen Eagle is collected and piped across our property to the ponds located on our 12th and 13th holes. The pipes and the concrete structures at our ponds were installed by Winter Springs Development which developed Glen Eagle and sold lots to individuals and builders. ~hey constructed the lines after we acquired the golf course in 1987. The work they did where the water leaves the pipes and flows into the ponds was either done pursuant to a faulty design or was not installed properly. ~he banks of the ponds have washed away around the structures and there has been a substantial build up of sediment around the outlets. This has created a maintenance problem for us and a very unattractive situation. . . On several previous occasions, the developer attempted to correct the situation, however, the corrective work was short lived. My engineer has advised me that a permanent solution will cost in excess of $30,000. Unless any other party is forced to do the work, it will be the Associations's responsibility to pay for this work. . I have attempted over the past six months to get someone to correct the situation, but my efforts have not been successful. For your information, I made the following contacts with the responses indicated: I discussed the situation first with Jim Martello who was/is employed by the developer. Jim is aware of the facts surrounding the work, the attempts to correct the work and the need to repair. Jim was honest in admitting that something needed to be done to permanently correct the problem. 1500 \Vinter Srrings Boulevard, Winter Springs, Florid;} 32708 ~ 407-366-1851 . e e . I discussed the situation with Lisa Miskinis and other parties with Home Capital (R~C) which is the successor to the Glen Eagle developer. ~hey refused to do anything and advised me to contact the Association. I discussed the situation with Teresa representative of Haynes Hubbs who remaining lots in Glen Eagle. Mr. Hubbs do anything. I discussed the situation with the City's engineer, Len Kozlov, who was most gracious but info~ed me that the cost was not something the City could bear and that the Association must be responsible. Ferrarini, the purchased the has declined to With a joint effort we can accomplish a permanent solution with the cost borne by the appropriate party. If we delay, there may not be a later opportunity to get them to participate. The City commissioners who reside in the area (Messrs. Jonas and Langellotti) may be helpful if you want them to intervene to force the original developer to correct its work. The work mus~ be done before we reach the rainy season. If no one does anything, I will be forced to block the pipes which will cause the homes near the course to flood. . I am now requesting a meeting with your representatives to difJCUSS how to resolve the situation. Ple" se let me know when it. would be convenient.. I can be reached at t.h Club (366-1851) or at. home (629-1556). JRMI cw ~ cc: Leonard Kozlov Haynes Hubbs Linda Hubbs Jim Hubbs Buck Adkins Bill Reichman Valerie Harrison Teresa Ferrarini Lisa Miskinis Jim Martello Rob Rosen . This ~rstrumen.t VIas ?:et:l~re~ By: b a J. c. D~~I?rH~~~,Jr~.,.,~:~.~TT{.{Cm · . Sm.IA,) Aho.l \';."\.J:::l_L Maitland Cent~r . Fourth Floor 1051 Winderiey Place Maitland, F:cnda 327E>1ECLARATION I. I . . . . r \ 1 1__ ~ 1 ,I . - l - I I. I , --~~ "- - - ....:-.__.1". '. - ""'. -'!... e .it- /,,--ur::L OF OVERFLOW AND DRAINAGE EASEMENTS THIS DECLARATION is made and entered into as of the 28th day of September, 1987, by WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida corporation (hereinafter called "Developer"), which declares hereby that the "Easement Property" hereinafter described in this Declaration is and shall be held, transferred, sold, conveyed and occupied subject to the easements, charges and liens hereinafter set forth. WIT N E SSE T H: WHEREAS, Developer is the owner of the following described real property situate, lying and being in Seminole County, Florida, to-wit: .As set forth in Exhibit "A" attached hereto and made a part hereof (Said described real property is hereinafter referred to as "Easement Property.") WHEREAS, as used in this Declaration, the term "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to the ~asement Property. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, it is thereupon understood and agreed as follows: 1. That all of the foregoing recitals contained in this agreement are true and correct and are incorporated herein in full. 2. Developer hereby grants, declares and establishes for the benefit of certain real properties adjacent to the Easement Property (the "Adjacent Property") owned by Developer, or by the successors in title to Developer, non-exclusive easements for ingress, egress, access, use, construction, maintenance, repair, cleaning out of, and replacement of storm sewer drainage lines, detention-retention ponds, and storm sewer system and flow of storm water or drainage, on, over, across, under and through the Easement Property. It is understood and agreed that nothing in this easement established by Developer under the terms of this Paragraph "2" shall be construed to prevent Owner or its successors in interest from the full use and enjoyment of the Easement Property for any purpose whatsoever. 1 _ --c. c" :~'-~~- ,f"'I ..... c ,'...... - . ,.-- v. .. . . . . . . . .. . . . II --- - .. ~ ~ e e 3. Developer agrees that in connection with its development of the Adjacent Property, (i) that all materials to be furnished and work to be performed on the Easement Property shall be performed in accordance with all governmental requirements, (ii) to pay all costs for all materials and work to be performed on the Easement property in connection with the construction and installation, maintenance, repair and replacement of a storm sewer drainage line or lines, for the benefit of the Adjacent Property, (iii) to save and hold harmless Owner from any and all costs, expenses, damages and claims arising out of or in connection with any and all materials furnished and work performed by Developer on the Easement Property, and (iv) to provide Owner evidence of liability insurance coverage reasonably acceptable to Owner as to such work to be performed by Developer on the Easement Property. 4. After the development of the Easement Property and the installation and construction of storm sewer drain line or lines, detention-retention ponds, and system in the Easement Property for the benefit of the Adjacent Property, Developer agrees to maintain said storm sewer drainage line or lines, within the Easement Property, and to pay all costs and expenses in connection therewith. Except as otherwise provided herein, Owner shall continue to maintain the Easement Property, with the exception of the storm sewer drainage line or lines, detention- J;~t~_n~~~~ ponds and system. -- Should Developer fail to maintain said storm sewer . drainage line or lines, constructed and installed on said Easement Property, after reasonable notice of such failure from Owner, then Owner may maintain said storm sewer drainage line or lines, constructed and installed on said Easement Property, and in such event Own~r shall pay all costs and expenses in connection therewith; however Developer agrees to reimburse Owner all of such reasonable costs and expenses paid by Owner in connection therewith, upon receipt by Developer from Owner of a statement or statements therefor. Owner shall be entitled to 18% interest per annum on any said amount(s) not paid by Developer within 30 days of Developer's receipt of said statement or statements (but in no event shall the interest rate exceed the amount allowed by law). In addition, any easement granted herein for which said amount(s) have not been paid shall automatically terminate in the event any said amount(s) as to that particular easement are not paid within 90 days of Developer's receipt of said statement or statements. 5. Developer agrees that Developer will, in connection with the construction and installation of, maintenance of, repair of and replacement of the storm sewer drainage line or lines, or the construction and installation of, repair of and replacement of detention-retention ponds and system on the Easement Property, to promptly repair any damage to the Easement Property and restore same to the condition existing before any said construction, installation, repair, replacement or maintenance, including but not limited to repairs to paving and landscaping. 2 ~ ---'.~ .... ~ , .. -- . ,..... I.... 0 .......-, - _. Ie I - - JJ - II t , . . . . . - Ire - ~ e e 6. It is understood and agreed that the term, "Owner" shall mean the owner of the Easement Property. Each time the title to said Easement Property is transferred, the transferor shall be relieved of all further liability and obligations hereunder occurring after the transfer of title; however any owner of the Easement Property shall be liable for all obligations hereunder during any such ownership. It is further understood and agreed that the term, "Developer" shall mean Developer, or its successors or assigns. Simultaneously with the assignment by Winter Springs Development Corporation of its rights and obligations hereunder, Winter Springs Development Corporation shall be relieved of all further liability and obligations hereunder, or in the event of a partial assignment, Winter Springs shall be relieved of all further liability and obligations with respect to the rights and obligations hereunder so assigned. 7. As used in this Agreement any reference to the abandonment or discontinuance of use of the storm sewer drainage line or lines, detention-retention ponds and system shall mean at least six (6) months of continuous non-use by Developer. In the event the use of the storm sewer drainage line or lines, detention-retention ponds and system or a portion thereof is abandoned or discontinued, Owner may furnish 60 days prior written notice of said abandonment or discontinuance to Developer, with said 60 day period to be measured from the receipt of said notice by Developer. If Developer fails to object to said notice within said 60 day period, (i) any and all easement rights in the applicable portion of the Easement Property established pursuant to this Agreement shall automatically terminate and (ii) Owner shall have the right to file in the public records of Seminole County, Florida a statement certifying that the Easement Property or the applicable portion thereof has not been used continuously by Developer for six months, that Owner has given Developer 60 days prior written notice, and Developer has failed to object. Said statement shall be signed by the Owner and may be signed by the Developer. 8. Opon the abandonment or discontinuance of use of the storm sewer drainage line or lines or a portion thereof, and upon the request of the Owner, the Developer shall remove the storm sewer drainage line or lines or applicable portion thereof if the Owner considers the presence of the storm sewer drainage line or lines or portion thereof to be detrimental to the continued use by Owner of the Easement Property. In the event the use of the storm sewer drainage line or lines or portion thereof is abandoned or discontinued without the storm sewer drainage line or lines or applicable portion thereof being removed, upon request of Owner, fee title to the storm sewer drainage line or lines or applicable portion thereof shall be conveyed to the Owner. 3 -:: I. I. I I I I II II I -- I 1 --L: - __1 ~. -- , e e 9. Owner shall have the right to relocate the easements granted herein (and the improvements located within the Easement Property); provided, however, that said relocation shall be at Owner's sole expense, the storm sewer drainage line or lines, detention-retention ponds and system shall be reinstalled in a location reasonably accessable to the benefited property and shall furnish capacity at least equal to the existing Easement Property, a new easement(s) shall be granted, and the use of the storm sewer drainage line or lines, detention-retention ponds and system shall not be impaired during the relocation. 10. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to C. David Brown, II, P.A., Broad and Cassel, Fourth Floor, 1051 Winderley Place, Maitland, Florida 32751 as agent (the "Agent") for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owner designates hereby the Developer and the Agent (or either of them) as its lawful attorney-in-fact to execute any instrument on such Owner's behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. 11. The easements created hereby shall run with the land and shall be binding upon, and its benefits and advantages shall inure to the successors and assigns of the Developer. IN WITNESS WHEREOF, the parties hereto have caused their hands and seals to be hereunto affixed, as of the day and year first above written. Signed, sealed and delivered in the presence of: "Developer" WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida co oration By: 4 3/DDS:4144AG:'a. (9/28/87) -- .' I. . . . . - - . ~=. c. --~ c-= r _ r _ C~ ~. r _ I _ ....., e STATE OF FLORIDA COUNTY OF 0 R.d1I Crt The foregoing instrument w~s.acknowledged day of September, 1987, by ~J I . ~, r-J\j as ~~L~ of Winter Spri Corporat~on, a Florida corporation, on behalf corporation. e before me this 28th , s Development of said ~H,~ NOTARY PUBLIC State of Florida at Large My Commission Expires: Notary Public Stat MX Commission ex~,ot Florida at Large ...rea O<:t. 23, 1987: 5 - ......, - c:. ~ "'_ : ...:: -: -- - -: , J ;......1""'\ r"" -. ... . . . e e ~I DONALD W. MciNTOSH Associates, Inc. 2200 PARK AVENUE NORTH. WINTER PARK, FLORIDA 32789. (407) 644-4088 February 19, 1993 Ms. Teresa Ferracini Winter Springs Development Corp. 1301 Winter Springs Boulevard Winter Springs, Florida 32708 Re: Glen Eagle (aka Tuscawilla 17) Dear Ms. Ferrarini: Per your direction, I recently visited the referenced project to observe damage to the berm of pond "B" located in the area of the 12th tee on the Tuscawilla golf course. The pond berm behind the control structure has eroded and the lake is discharging through the berm. The damage to the berm is approximately 10 feet wide and 4 feet deep (water level is approximately 1 to 1.5 feet deep). The control structure appears to be in working condition and undamaged. To repair the berm, the following procedure should be followed: . Construct temporary dam across mouth of opening using fill material . Clear vegetation out of the eroded area and remove any undesirable materials such as organics or muck . Fill the area with a good compactable fill (sandy clay). Compacting it as it is filled (1 foot lifts orless) . Fill the area to approximately 1 foot over the existing berm to the north (towards the tee) and level over the existing berm (this area of the berm shows signs of erosion in the past). Construct the berm to a 10 foot wide top with a 3 to 1 slope on the back side and an approximate 2 to 1 slope towards the pond (match adjacent existing slopes). . Also, there is an area approximately 15 feet long, adjacent to the washout, which has eroded on the back slope of the existing berm which should also be fIlled. . After the main body of the berm is constructed, the material used for the dam can be pulled back to construct the front slope. . After the area is filled and shaped, it should be sodded. . Therefore, the system should be regularly maintained. CIVIL ENGINEERS LAND PLANNERS. SURVEYORS 'J_i11 :1 l.i ". ~ LJ DO.LD W. MciNTOSH A8aocI....Inc. ~PARI\I\1/&!tU&romt.~,.AIllC,R.OIlIDA32719.(407)64oHl68 February 22,1993 . . Ms. Teresa Fem!rini WINTER SPRINGS DEVELOPMENT CORP. 1301~m~SpringsBomevmrl Wmter Springs, FL 32708 Re: Glen Eagle (aka Tuscawilla 17) Dear Ms. Ferrarini; On a recent visit to the referenced project, I observed stormwater Ponds itA" and "B tt. As stated in the letter to you dated February 19,1993, I noted that there is erosion damage to the pond berm in Pond "B" (12th hole) at the control structure. As we have discussed over the phone, there are several other areas around the ponds which are disrurbed. At Pond "An located adjacent to hole #13 on the Tuscawilla Golf Course, the berm behind the control sttucture has recendy been graded. The disturbed area is at the west end of the 13th tee. The berm appears to have been reshaped and the area has been cleared of vegetation. I comd not detennine if the berm had been damaged previous to the regrading. The area needs to be resodded and stabilized before erosion begins. I could not determine if the regraded berm is at the correct . elevation by visual inspection. In addition to the aforementioned berm erosion at Pond "B n, erosion has occurred on the bank of the pond at manhole #53. This manhole is located on the nonh side of the pond adjacent to the 12th fairway. The bank has washed out adjacent to the manhole. It appears that the water which is causing the damage is coming from water sheet flowing across the fairway. This area should be reconstructed and stabilized. This same area was damaged shortly afrer the project was completed by runoff from a severe storm coming across the golf course . It was repaired and restabilized at that time. If you require additional information, please contact me. Sincerely. DONALD W. McINTOSH ASSOCIATES, INC. 5&-~~#~ David R Weaver, P.E. ConstIUction Administrator DRW/pjw EC8350 . cc: Donald W. McIntosh, Jr. CIVIL. eNGINeeRS l.,ANC PlANNERS. SURVEYORS e e . Ms. Teresa Ferrarini Winter Springs Development Corp. February 19, 1993 Page 2 The following is an opinion of probable cost for the repairs: Mobilization $2,500.00 Sandy clay fill 120 cu. yd. @ $5.50/cu. yd. $660.00 3 man crew wlbackhoe 16 hours @ $200.00/hour $3,200.00 Miscellaneous Labor $2,500.00 Sod 60 sq. yd. @ $1.50/yd2 $90.00 Contingency $2,500.00 Total $11,450.00 These costs are based on site observation only and assume that there are no repairs to the existing control structure and piping or to other areas of the existing berm. If you require additional information, please contact me. . Sincerely, DONALD W. McINTOSH ASSOCIATES, INC. E~,:f!#~ David R. Weaver, P.E. Construction Administrator Imlr ec8341 c: Mr. Don McIntosh . DONALD W. MciNTOSH Associates,lnc. 2200 PARK AVENUE NORTH \\I~TER P~RK FLORIOA 327890,4071644"4068 . . . February 15, 1993 TO: City Manager ~;; Land Development Coordinato~ FROM: RE: Request of Quest Properties to Vacate an Easement and be granted Another on Property Owned by the City (area around Sam Smith Park) The above referenced was held on February 12, 1993. Mr. B. Robinson represented the project. Staff members present were the City Manager, Kern, Kozlov, LeBlanc, Lockcull and Zaudtke (consulting engineer), This meeting was brought about by Mr. Robinson presenting material to the Commissioners at the meeting of February 8th that had not been given to the Commission or the Staff for review. This material consisted of a plan showing nature walks, etc. At the onset of the meeting Mr. Robinson stated that this was no longer a part of the presentation and that he did not want to use it. He offerred to give it to the City, but as it is no longer a part of the plan, the Staff had no need of it. There was discussion on the area to be vacated, the proposed easement, reasons for the request, possibility of filling in other areas, new regulations, expansion, etc. / ! Because of the complexity of the request, and to give all present an Opportunity to put their findings in writing, and the fact that there would be too little time to get this to the Commission before the next scheduled meeting, it was decided that the recommendation to the Commission is that this item be tabled until the meeting of March 8th. This information, when received, will be given to the Commission for their review. NOTE: Mr. Robinson made an on-site inspection of the area that he wishes to give to the City the same afternoon because the Utility Director stated that this area was wet. Mr. Robinson had never been at that particular area until then. At about 4:15 P.M. he called and stated that it was indeed wet and apologized for not having been to the area before and relying on the wortl of others that it was dry. cc: Mayor Commis.s ion City Attorney City Clerk Staff Attendees T. Zaudtke --- .=- ~"", '~"". ...- c{+~ UeRK . --"'.~._~' .J"r'~'..'l.~'- .........0!!I0I.i."""......."".~~'l...~......~,. .~,. ""'-"'~"~-'''''''>>__I~~'''''-''''"''_'''''L'-_~~'~~. ......._.............e.'. February 18, 1993 2611 TECHNOLOGY DRIVE, SUITE 207, ORLANDO, FLORIDA 32804 (407) 2996312 FAX (407) 298-6784 ~i~tllW~W The Honorable Mayor Philip Kulbes The Honorable Commissioner John V. Torcaso District 1 The Honorable Commissioner Don Jonas District 2 The Honorable Commissioner John Langellotti District 3 The Honorable Commissioner Terri Donnelly District 4 The Honorable Commissioner Cindy Kaehler District 5 FER 1 B1~3:~\ CITY OF WINTER S~RING.sl \:and Development CoordinatOD 4', r5 RN\, RE: Chelsea }Jarc at Tuscawilla - Retention Pond City Commission Meeting of February 8, 1993 and February 22, 1993 At the direction of Commissioner Kaehler, we think we have complied with her instruction to provide the City Staff with certain items which may have been furnished the Mayor and City Commissioners but not the City Staff. . These i terns were: 1. "Summary of Events concerning the evaluation of water retention areas to serve the project," dated January 28, 1993. 2. Copy of the National Builder Article recognizing the Chelsea Parc product and the "Best in American Living" Certificates of Recognition (2) awarded to ChelseaParc for two of their designs. 3. A concept plan for possible trails on Sam Smith Park property. Item 1. The Summary was intended to serve only as a brief overview of this much delayed request which has been underway since October, 1992. It was not prepared to introduce any new information or details about the use of City property for a retention area. We sincerely regret Commissioner Kaehler's charges that Mr. Robinson had been "dishonest and untruthful". We do not believe this to be the case. We regret any perception of misstatement on our part. Item 3. A concept plan for hiking trails was only to be presented to City Staff, if approval was granted by the City Commissioners. . In compliance with Commissioner Kaehler's tabling action, Mr. Robinson met with Mr. LeBlanc and several members of the City Staff at 9:00AM on February 12th. Mr. Robinson, presented Items 1 and 2 as stated above and Mr. LeBlanc declined to accept the Trails Concept plan as it was not a part of Mr. Robinson's presentation. No other information was presented by Mr. Robinson. There was discussion about aspects of the request and 1 believe all questions were answered as Mr. LeBlanc has not requested additional information from us. . Chelsea Pare at Tuseawilla - Retention Pond City Commission Meeting Page 2. Quest Properties, Inc./Chelsea Pare at Tuscawilla respectfully request approval of the request to use City property for a single retention area. The action request is as follows: 1. The City approves request to enable Chelsea Pare to develop a retention area on City property. 2. The approval to contain conditions which requires Chelsea Pare, at its expense, to secure all permits and approvals from the respective regulatory agencies with a jurisdictional interest, for use of a portion of the property as a retention area. . 3. The City of Winter Springs shall agree to apply for approval and permits as may be required and such costs and fees incidental to the application shall b~ th~holG)expense of Chelsea Pare. 4. The land used for the proposed retention area is to be replaced by the creation of usable land, in low or wetland areas now existing on the property of the City of Winter Springs. To offset the use of additional area not now a part of the easements vested with Chelsea Pare. Spoil from the proposed retention area is to be plac!in low or wetland areas to produce at least 1 to 1.2 acres of usable land. The existing easements now held by Chelsea Pare on City property may remain and be used as a part of the proposed retention area and the need to vacate these easements may not exist. This can be determined by the Director of Sewer and Water and the engineers of Chelsea Pare. Item 5. The shape and location of the proposed retention area shall be located in a place mutually agreed upon by the Director of Sewer and Water Department, consistent with his long range plan for any future expansion of these facilities. . Item 6. After working with the Sewer and Water Director, should Chelsea Pare, in its sole discretion determine that the project is too expensive or not feasible, it may unilaterally abandon effort to develop the retention area and such approval by City of Winter Springs shall be of no effect. . Chelsea Pare at Tuseawilla - Retention Pond City Commission Meeting Page ;i. We respectfully request that action approving the request, with appropriate conditions, be taken tonight. Ouest Properties, Inc., has had this action before the City Staff for several months and additional delays are detrimental to proper evaluation of this plan and initiation of request to appropriate agencies of government. Without approval by the City, Chelsea Pare is unable to legally represent to any agency it has an interest in the requested permits. See referenced regulations attached as "Exhibit A". Sincerely, QUEST PROPERTIES, INC. . Ted Bolin President . f . \. v. 14. p. 3S6-7 REGULATlONOFSTORMWATERMANAGEMENTSYSTEMS (R. 11/91) 40C42.027 by a District approved Quality Assurance Plan and reported in a format provided by the District. The District shall eliminate the requirement to continue the monitoring program upon its determination that no further data is necessary to evaluate the performance criteria or ensure compliance with the performance criteria and applicable water quality standards. Sptcific Authority 373.044. 373./13, 373.177, 373.418 FS. lAw Impl,m'''ttd 373.413, 373.416 FS. History- N~ 9-15-9/. 40<:-42.027 Legal Operation and Maintenance Entity Requirements. (I) The District considers the following entities to be acceptable for meeting the requirements necessary to ensure that a stormwater management system will be operated and maintained in compliance with the requirements of this chapter and other District regulations in chapters 40C-4 or 40C-40, F.A.C.: (a) Local governmental units including counties or municipalities, or Municipal Service Taxing Units established pursuant to section 125.01, F.S.; (b) Active water control districts created pursuant to chapter 298, F.S., or drainage districts created by special act, or Community Development Districts created pursuant to chapter 190. F.S., or Special Assessment Districts created pursuant to . chapter 170, F.S.; (c) State or federal agencies; or (d) Duly constituted stormwater, communication, water, sewer, electrical or other public utilities. (e) The property owner or developer is normally not acceptable as a responsible entity when the property is intended to be subdivided. The property owner or developer may be acceptable in any of the following circumstances: 1. Written &roof is furnished in the appropriate form by eit er letter or resolution, that a governmental entity or such otlier acceptable entity as set forth in paragraphs (a)-(d) above, will accept the operation and maintenance of the stormwater management system at a time certain in the future. 2. Proof of bonding or assurance of a similar nature is furnished in an amount sufficient to cover the cost of the operation and maintenance of the stormwater management system. 3. The property is wholly owned by the permittee and ownership is intended to be retained. This would apply to a farm, corporate office or single industrial facility, for example; or 4. The ownership of the property is retained by the permittee and is either leased or rented to third parties such as in shopping centers or mobile home parks. (0 Profit or non-profit corporations including homeowners associations, property owners associations, condominium owners associations or master associations shall be acceptable only under certain conditions that ensure that the corporation has the financial, legal and administrative capability to provide for the long term operation and maintenance of the stormwater management system. (2) Entity Requirements. . (a) If a multimember association such as a Homeowner, Property Owner, Condominium or Master Association is proposed, the owner or developer must submit Articles of Incorporation for the Association, and Declaration of Covenants and Restrictions, or such other organizational and operational documents which affirmatively assign authority and responsibility for the operation or maintenance of the stormwater management system. (b) The Association shall have sufficient powers reftected in its organizational or operational documents to: 1. Operate and maintain the stormwater management system as permitted or exempted by the District. 2. Establish rules and regulations. 3. Assess members a fee for the cost of operation and maintenance of the system, and enforce collection of such assessments. 4. Contract for services (if the Association contemplates employing a maintenance company) to provide the services for. operation and maintenance. 5. Exist in perpetuity. The Articles of Incorporation must provide that if the association is dissolved the storm'vater management system shall be transferred to and maintained by an entity acceptable to the District as defined in paragraph (I) of this rule. Transfer of maintenance responsibility shall be effectuated prior to dissolution of the association. 6. Enforce the restrictions relating to the operation and maintenance of the stormwater management system. 7. Provide that the portions of the Declarations which relate to the operation and maintenance may be enforced by the District in a proceeding at la w or in equity. 8. Require that amendments to tlw aocuments which alter the stormwater management system beyond maintenance in its original condition must receive District approval prior to taking effect. (3) Phased Projects. (a) If an Operation and Maintenance entity is proposed for a project which will be constructed in phases, and subsequent phases will utilize the same stormwater management system as the initial phase or phases. the entity shall have the ability to accept responsibility for the operation and maintenance of stormwater management system for future phases of the project. (b) If the development scheme contemplates independent operation and maintenance entities for different phases, and the stormwater management system is integrated throughout the project. the entities either separately or collectively shall have the authority and responsibility to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the ability to enter and maintain the various / F)( J-./ IP. IT A ", . fIt . . (":";'""~''''',",'l.~H'''''''''' .;_.....\I<.."',.~ ~..:I'''''\i'''l>~-';;'''''~k.:v..''''''.;':'':'':'';'';I. .1 Cliefsea Pare :~ A BETTER PLAN possible {::-. . ~ I '~, . l' :~", :j<" ," ; '. " . , ' " I I. f' is . Cliefsea ~arc at q'uscawi{fa January 28, 1993 RE: REQUEST FOR CONSOLIDATION OF RETENTION PONDS TO SERVE CHELSEA PARC at TUSCAWILLA, IN ACCORDANCE WITH THE PROPOSAL SUBMITTED TO THE CITY MANAGER ON NOVEMBER 30TH, 1992. Summary of Events concerning the evaluation of water retention areas to serve the project. . 1. Review of Original plans as Villages of Braewick at Tuscawilla indicated that several different and noncontiguious areas were to be used for multiple water retention ponds. They could be built under existing code/ ordinances and rules of the City and St. Johns Water Mgt District. Their construction CRITERIA appeared to be put them where you can, not a thoughtful Put them where we PLAN. Multiple sites(as many as 4 separate ponds) requiring flow patterns and water routes to collect water or drain the areas to be built through heavily forested areas, with little apparent thought for the environment, and certainly not creating anything which could promote people use, benefit enjoyment and beautification. 1ms plan was apparently favored by government agencies because they had always been done like this. 2. Due to the Partner's acute sensitivity to leaving the world better than he found it, Bob Robinson insisted that we develop a more meaningful and environmentally sensitive plan. One that would not haphazardly scatter these retention areas over the landscape. Serious study of the matter was conducted and alternatives were considered. It was determined by consultants and others with experience in the field, that a single consolidated retention area could provide a better solution than disrupting multiple pristine forest areas with clearing of trees and digging ponds. The solution cried out to support the fact that . . with ONE POND, a more frmctional single retention facility could be created which would provide: Less destruction to land and forest areas An attractive water feature could be constructed in the West portion of Sam Smith Park A hand cleared and constructed nature trail could further beautify and embellish this beautiful park like area and open it up for the enjoyment of the families of Winter Springs Certainly a more frmctional and aesthetically appealing single pond . Trying carefu.lly to follow protocol and follow the correct procedure, this concept program was discussed with members of the Winter Springs City Staff. This was done in late October 1992 and early November 1992. Not one Member had an objection to developing this Consolidated Retention Pond from an Engineering or Technical feasibility standpoint. On November 6, 1992 Mr. Robinson and Mr. John Herbert, Engineer for Chelsea Parc met with The City Engineer. At the beginning of the meeting, the City Engineer was asked if there were any plans for the future expansion of the sewer treatment facility surrounded by the Sam Smith Park. He said an emphatic no, none in the works and not being contemplated. He suggested we present this concept to Mr. Lockcuff, which we did shortly afterwards. The City Engineer agreed that other than his own personal objection from a POLICY standpoint, it could be done from an engineering standpoint and did offer the city better unified control of the outfall structure, and since the Chelsea. Parc Homeowners Association would maintain it , that would solve the maintenance aspect of it. A few days later, we met with Mr. Kipton Lockcuff, he too indicated that the City of Winter Springs had no expansion plans for the Sewer Treatment Facility which would involve this piece of property. He in fact determined that they had no interest in or responsibility for this property since this was Park Property. He even advised us to get in touch with the Park Board and Mr. Rozansky, The City Manager as he would be the signatory to an agreement to create any easement for Chelsea Parc to use the area. . We further asked him which of the 3 alternative plans he favored, and he willingly affirnled that the single water facility was the best of those under consideration. He was asked if he would indicate his expression of support for this single pond in writing, just in a simple statement such as a . hand written note. He did not initially deny this request, but after further discussion about the review process to go before the City Engineer and the City Manager, he said he would like not to put his support in writing, but he would be in favor of the single pond plan. We accepted this decision willingly, feeling that his word was sufficient. We have patiently waited for more than 3 months since our initial presentations were made, and 1 1/2 months since our final written proposal was submitted to the City Manager on 30 November 1992 as suggested by the City Engineer. Due to the warm response of Mr. Lockcuff and his favorable support, and knowing that the City Engineer had found no technical or engineering flaw in the conceptual plan, we discontinued further consideration of other plans for water retention facilities. We broke off discussions with the Tuscawilla Country Club owner Mr. Jim Mikes. . Now comes tile surprise letter from Mr. Lockcuff, as provided by the City Manager on 25 January 1993, which indicates a novel new use of the park property. It is difficult for us to imagine that the potential use, now set out by Mr. Lockcuff, could have come to the forefront so quickly. We don't question anyone's right to change their nlind, we just wonder why such a long delay in responding to our urgent November request and this response being totally inconsistent with previous statements of support. This request was made to enable us to move forward to appear before the Board of Appeals for a variance. No timely response was made. Weare now confronted with the undesirable task of having to overcome this sudden burst of written negative response to this well conceived and mutually beneficial plan. One which will benefit the People of Winter Springs and the municipality itself, while going a long way to preserving rather pristine stands of forests and unspoiled vegetation and attendant animals. We respectfully submit that the proposal for a consolidated water retention area is not only fully justified by the sihwicant facts of theymatter, but should be required rather than 3 or 4 individual retention ponds in the area. . . We solicit your understanding and examination of the proposal and are confident it merits favorable action to enable this consolidation of retention ponds. Chelsea Parc is anxious to see this valuable asset be added to the Sam Smith Park and is willing to contribute the construction of the complete facility, as well as the hand cleared and constructed Nature Trail through this outstanding natural forest setting, all done to enhance the area and provide an area for learning and enjoyment, while complimenting the park facility without cost to the City of Winter Springs or the taxpayers. Sincerely Yours, THEODORE BOLIN, GENERAL PARTNER CHELSEA P ARC at TUSCA WILLA L TD PARTNERSHIP . . . '. ...;,.,.-, ,""1_1 ,i~1 ,< 1_~__IooO..I, I' ----~..~ i l~~i : Des. p' IN 1 tl.~', ..,'~ J ; I AMfRlC:\N \ IUVIi\lC r I I', i 1\'. W . A 'R:, ()JI. ~ 1 \> 4 .. ..........-..__. ..~__ ,,___ .' ~"'_ '\ J~e'" rtt fl. C' 'dte <Df' T)e,~/~()'6 ......,~,'t!~;~..,. .: '~':2J ' . .1.. ,<'~ ,< '- ,.I\ ..\.,.< '4 bn~.l()n, ("1}lelc\ ~b'P" ndv'<, r'[l~l(-' (it. I::.ld/~ls P" 'd}th,., -.' . " (~)C0u:_, 0.1 \..,"- ,. l ::' ",,~ll\........ (,J\~'>(,i.l . ,W, L ,()dando, t'kJrkif) , Iws 1x-00 aw'rded Ihts illtah$! ({:Il!li('at~illthc 1992 He$t ill At:lwd~a[l hviJ'lg I'.wanl. tlwNa~lot"S , ',:j Prelf;jel~ H~'.,I,lemi;Jlpc$ignCornpc'\lthll. ' . ~r~. l~~\.:,rr d -hy N:;IOc..e,li /....ir.IK ,,;.J;~ 1'< H01f1i', t ,) . '1"OIC~:d: Uuildl',J i'~r'(!IO,'ic;:- :',.JiI~ Jf"~'\'\ '. .' ~ I, , 7A'L,;) )}""l:ii; ~~.;:~.~t~)~.:i.~~'r [~ -'('-\..~" ~, "_n".~,''''_~~ "'''_',''''.t~ .~,,:,,_,,,,_,:,,;;:..,...oiI"~l",,,,,,, ~"l '<. ..;rll:;':~jj~dlr h~;~?', "';~:r;'~'::;;" !l~iik~i~\,."".;ji'tf,/ f "l~ ~~,~.,~ii;:i,\~~_.~.:.;~>MIIttJ.~~L'~!-a:~.[~~~1">>:..,~~~iiNi.1."w..;".u."&~'\~I' ";:,1.IltiU~~'~1t""~,\~:,~',,,?~%~il1l~'li.:'t;!/.....itr.i.nlt.tf.:o.i~,,.....-:.m~5ltt.lL,~___ _..r.L.. NOVEMBER 1992 THE MAGAZINE OF THE NATIONAL ASSOCIATION . A HANLEY-WOOD, INC. PUBLICATION HOUSING FOR MODEST- INCOME BUYERS Cost, Sal ofit, & Survey ~#~ ~ 9.~ ~ ~~ @' ~ DESIGN. BUILDER'S BEST . BUILDER NDV 92 Gingerbread Houses ORLANDO-Picture narrow streets lined with colorful Victorian cottages, and you've got Quest Properties' vision for Chelsea Pare. The site had been zoned for attached housing, "but the market wasn't there for townhouses," says builder Michael Rosen. So he and his partners got the parcel rezoned for single- family-at a density of 7.4 per acre. "The density kept our land costs down [to $15,000 per developed lot], which allowed us to sell houses for as little as $67,900," Rosen says. Quest, which built 100 houses this year-all for less than $100,000-went head-to-head with the big guys at Chelsea Pare. Centex is building on one side; Ryland on the other. "But their lots are 50 by 100, whereas ours are only 32 by 103. And their prices start in the $80s," says Rosen. There are other communities in Orlando with prices in the $60s, but none have the parks and pools that Chelsea Pare gives residents-all for a modest fee of $15 a month. "We felt it was important to provide the amenities our buyers were used to in their apartment com- plexes," Rosen says. Sales are averaging 7.5 a month. Quest plans a total of 96 houses for the 13-acre site. Hous- es are clustered in groups of two to six, separated by green spaces that function as common play areas for the neighbor- hood children. And despite the narrow lot widths, each house has at least 25 feet of rear yard enclosed with wooden fenc- ing that fits the Victorian theme. "We put a park with a gaze- bo (shown below) right at the entrance to the community to help downplay the density," notes Rosen. He believes the Victorian architecture creates a more attractive street scene. "We have 13 different designs and a whole range of authentic Victorian colors," he says. The "gingerbread" is actually moulded polyurethane. It costs less and is more durable than wood, and it's produced in quantity for Quest by a local signmaker. Rosen, who in a previous life built million-dollar custom houses in New York, says this line of work is far more rewarding. "There's nothing like helping a young family get into that first home for $3,500 down," he says. He and his partners have plans to launch two more affordable communities like Chelsea Pare, both in the Orlando area. L 14'x 14' MBR 11'x15'6" Project: Chelsea Pare, Apopka, Fla.; Density: 7.4 units per acre; Unit size: 920 to 1,710 square feet; Price: $67,900 to $92,900; Developer/Builder: Quest Properties, Orlando; Architect: Winter Park Design, Maitland, Fla.; Land planner: American Civil Engineer- ing Company, Winter Springs, Fla.; Landscape architect: French Designs, Orlando; Interior designer: Interiors Defined, Longwood, Fla. Photos: Bob Braun Reprinted from the November 1992 issue of BUILDER magazine. @ Hanley-Wood, Inc. . . AMERICAN CIVIL ENGINEERING CO. February 207 NORTII MOSS ROAD, SUITE 211 · WINTER SPRIIff"fP~\,q~~ (407) 327-7700 ~~ I;' ~ l~ I ~ f~ 18, 1993 FEB 1 81993 Mr. Ted Bolin Quest Properties, Inc./Chelsea Pare 2611 Technology Drive - Suite 207 Orlando, Florida 32804 at Tuscawilla CItY. DE WINTER SPRING'- 'Jilfcl Development Coordinatol 4-'. \'3 p,M, Re: Chelsea Pare at Tuseawilla - Phase 3 Dear Ted: As a follow up to our phone conversation I would like to explain the circumstances which resulted in our not realizing that the existing low area along the east property was a flagged wetland. . The wetland consultants (Aquatic Symbiotics) field flagged the wetland line and the surveyors (Accuright Surveys) located the line on the survey. The surveyors did not field locate the small wetland low area along the east property line because it was not contiguous to the wetland in the northeast corner of the site and the surveyors were not aware of the small wetland. When Aquatic Symbiotics reviewed the wetland survey, they assumed the dashed line noted as 'waters edge' was the wetland line. Since the line shown as 'waters edge' did not have any flagged numbers shown, I concluded the small wetland was not located by Accuright Surveys. On Friday last week, I contacted Accuright Surveys and confirmed that the small wetland was still in need of a being field located. Accuright Surveys was at the site earlier this week and should have the wetland line for the small wetland added to the survey. According to Aquatic Symbiotics, the small wetland is an 'isolated wetland' small enough in area to allow for removal or re-shaping without mitigation. The prospect of adding fill to certain areas within the Citys property to create more usable land is very possible. I had a telephone conversation today (2/18) with Irene Sadowski, ACOE Field Specialist, who confirmed that the small wetland was reviewed in the field by her and that the wetland could be filled or re-shaped under the Nationwide Permit Program. I regret that I advised you incorrectly that the small wetland was not claimed by ACOE or ST.JRWMD as being within their wetland jurisdiction Based on information supplied by the surveyor and environmental consultants, I had no knowledge that it was flagged until you brought it to my attention last week. . Sincerely, c c.', W\o..\o~ ~vv... ~ ~ S \"e--v.... c.,~ mo.."'o..~e~ C~~ ~~'V\.E-\ C\. \, ~\e.Q..\( c.~\, ~,^~\'V'\ee\L C \ ~ \'~ 0..."" 'i'\ ~ ~ u.~\~~ D;\)..-e~~ CE!rV\. ~u\. ~ ~<s ~'^-.<) \ ~ -ee t\.. ~--- ,-- 4'.\5 ~M DEPARTMENT OF THl ARMY JACKSONVILLE DISTRICT CORPS uF ENGINEERS _ . OF. WINTER SPRINGS P. o. BOX 4970 d Development Coordinator JACKSONVILLE, FLORIDA 32232-0019 PUBLIC NarICE 6 ;992 Rf.rl.Y 10 ""FNIION OF Regulatory Division NATIONWIDE PERMITS . 'lU Rm IT MAY cx::NcmN~ On November 22, 1991, the Corps of Engineers published in the Federal Register the final chan;Jes to the nationwide permit program. The proposed chan;Jes were originally outlined in the Federal Register dated April 10, 1991. Additional information pertaining to the Jacksonville District's proposed regional corxHtions arrl requests for discretionary authority were first outlined in a public notice dated April 12, 1991. 'Ihese regional exmcUtions and requests for discretionary authority were further described in a public notice dated November 27, 1991. The nationwide permits became effective on January 21, 1992. DEFINITICN OF N1\TIctMIDE PEDUTS: Nationwide permits are permits issued on a nationwide basis to autllorize minor activities which have minimal individual arrl cumulative adverse environmental impact. The utilization of nationwide perrnits involves little or no papel:Work. There are now a total of 36 nationwide perrnits. tbru"l.CA'l'I(J{: In rrcst cases, permittees may proceed with activities authorized by nationwide permits without notifying the District Engineer. However, the prospective permittee should carefully review the language of the nationwide permit to ascertain whether the District Engineer must be notified prior to oammencing the activity. Nationwide permit numbers 5, 7, 13, 14, 17, 18, 21, 26, 33, 34, 37, arrl 38 specifically state that notifying tht:! District Engineer is required for given categories of work prior to conunencernent of work. This notification is necessary to ensure that activities authorized by those nationwide perrnits have minimal individual arrl cumulative adverse impacts on the environment. To qualify for nat.ionwide permit. h1.Dnber 26 (loss of acreaga Up to 10 acreS in headwaters or isolated \.ietlatrlS), the proposed . project must have miniJral in'pactS on the overall environment. Although not required, applicants are encouraged to suhnit proposed mitigation along with the predischarge notification for the proposed project when there may be some question or concern about the level of impacts being rrcre than minimal. The definition of acreage of loss of waters of the United states includes filled area plus waters that are adversely affected by flooding, excavation, or drainage as a result of the project. In addition, there is now clarification on the use of nationwide permit mnnber 26 in sul:rlivisions. . . . . ." '" 1)--~--- , , , , , f~~)\1 ~ ) I'" II' I, .-1" ,f <, '....... . .. r." __ . '..~' ~J~ ' .. ;, " '7 2 ~ -''"'') '", I 1._;.) L . ;.)J,J ~ .' ; . ! ~.: ~ '\ ..' GLEN EAGLE COMMUNITY ASSOCIATION 1301 Winter Springs Boulevard winter springs, FL 32708 407-366-3600 CITY OF WINTER SPRINGS CITY HAll February 12, 1993 Chief Govoruhk Acting City Manager City of winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Dear Chief Govoruhk: Pursuant to our conversation with Leonard Kozlov, City Engineer, the Glen Eagle community Association, Inc. is formally requesting that the Glen Eagle stormwater drainage system be dedicated to the City of winter Springs and be included in your stormwater management district that is currently being established. It is our understanding that the next commission meeting is scheduled for February 22, 1993, please place this request on the Commission agenda for that date. Thank you for your cooperation in this matter. Should you require additional information, please don't hesitate to contact Teresa Ferrarini at 366-3600. Sincerely, ,'------::> ) /) j,~ /JtZ/I~~_.. Burley Adkins Vice-President cc: L. Kozlov B. Reichman R. Rosen B. Adkins c.L"t'\t Cf\IVI, f\A. , ~t ~ /" ", ../ ,( /' / //./ t..." J+c '15 I::- February 16, 1993 TO: City Attorney FRai: City Engine... ~ SUBJECT: Stonrwater Retention Faci lity for Glen Eagle - Tuscawi lla Unit 11: Blocking off of stonrwater Discharge Pipes by Tuscawilla Country Club. Attached are correspondence addressing a major concern. Mr. James R. Mikes, attorney and owner of the Tuscawilla Country Club and the homeowners association at Glen Eagle is in the middle of a dispute over two stonmwater discharge pipes into two ponds on the golf course. The dispute engenders the erosion around the discharge pipes that is caused by water coming from the golf course's sprinkler system. Mr. Mikes wants either the RTC or the homeowners association to make a permanent fix at the discharge pipes to eliminate the erosion. 4It The City sent a letter to Mr. Mikes asking him not to plug up the stonmwater discharge pipes since the stonmwater discharge comes from City streets in Glen Eagle. This matter is being turned over to you for further action as appropriate. Attachments Inti cc: City Manager Public Works Director Land Development Coordinator City Planner ... \4It ./'. ),/ / ./ '/ / / ./ ~ "-' L-~-I -IJ"Wf,Nt. (.. "".. ,...... r". .1 'C"" - '\ m~[,J~ ~ .~\,7 '~\:l I;"T-\ . t \ -' ~ .... '. \ .. I ,', '..' .... ~;j .'~ ._ J~.~ .IAN 22 '993 IU}C... U/..J".l I ( ~ tr'll F:-J L t:- tlTY Of 'b/'NTfn SPRIHG$ CITY lUGINEER January 22, 1993 via Hand Delivery Leonard Kozlov City of winter springs Re: storm Water Retention Facility for Glen Eagle and Tree Rp.placement and Runoff Divcrsicn at Chestnut nidg~ Dear Leonard: I am writing you to advise you of two easily correctable "problems" created by single family developments adjacent to our golf course. One issue relates to Glen Eagle on our 12tb and 13tb boles and tbe second relates to Cbestnut Ridge on our 15tb and 16tb holes. The Glen Eagle issue is the deterioration of the pond banks on botb boles wbere tbe storm water line enters and discberges into two ponds on our course. Generally, tbe use of ponds on tbe course for retention for surrounding homea is an appropriate engineering design, provided the developer properly constructs the drainage structures for perpetual use. In this casa, tbe developer took sbort cuts in construction. The discharge has eaten away at the banks surrounding both structures and the pondS have filled in at these points creating a maintenance problem. There is an existing easement for discharge into the ponds I but that does not. relieve the developer/homeowners association from maintenance responsibilities. The structures were installed by Winter Springs nevelopment corporation and Jim Martello is quite familiar with the uituation. The venture/developer twice before attempted to solve the problem with "band-aid" restoration efforts, however, each time it has reoccurred. I believe that the only permnnent solution is to have the pond bunks be reconstructod and improved with bulkheads and the discharge be altered to prevent the 6wirling during heavy rains. The improvements will probablY cost in excess of $30,000. I have nc rasponsibility to bear this cost. It should be borne by either the developer, the homeo~11ler' s asscciatit:':1, the builders on the remaining unimproved lots or the city. .. . I ,flll Willter Springs Boulevard, Winter Springs, Florida 32708 · 41)7- Jhhl R; 1 ./" ,/ \ ,- ... . /' // i/. I have notified the developer's representatives (i.e., Lisa ~ Miskinis and Jim Martello) of the situation, however, their superiors in San Diego with the RTC contend that they have no responsibility to correct the problem. They have recently sold off the remaining 80 lots in the Glen Eagle development. I have discussed the issue with the purchaser of the 80 lots who feels that he should not. be penalized. I have not advised the homeowner's association as yet. .. -' . " Y1 ~ .. c: . I ask your assistance in requiring a solution paid for by the parties responsible. I can do the work, but I need them to provide the funds. If it is not corrected, I ask you to cease issuing building permits or certificates of occupancy for additional homes not yet occupied in Glen Eagle. If your hands are tied and I cannot obtain appropriate relief, I will have the pipes blocked at my property line to prevent all water from entering the ponds. The second issue relates to the construction/clearing at Chestnut Ridge. The developer has cleared trees adjacent to our property line which I trust the City will require be replaced. Please let me know what is required of the developer adjacent to his retention pond since it is so visible adjacent to our golf hole. In addition, the earth moving has created a more severe water problem on our 16th hole making the fairway extremely wet and difficult to maintain. Is there any requirement of the developer to correct the problem of increased water flowing onto our . property? I would appreciate the opportunity to show you the problem areas. Would you please let me know when you can meet me to look at these areas? I will call you later today to se~ a time. , .; \. ./". //. ~ /.:..Il~ ~) L- !J I~ 17+1ol<~ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE nOAD 434 WINTER spnlNGS. FlOnlDA 32708 Telephone (407) 327.1800 January 29, 1993 tT. James R. Mikes Tuscawilla Country club 1500 winter Springs Boulevard Winter Springs, FL 32708 RE: stOl"111ffater Retention Faci lity for Glen Eagle - Tuscawi lla tklit 17 Dear Jim: ~. with regard to your letter of January 22, 1993, the City empathizes with your concerns over the erosion problems that e)(ist adjacent to the stonmwater outfall pipes located at the two ponds on the golf course. The problem regarding this issue was discussed at great length at a meeting with you last week and then again during a telephone conversation we had this week. The purpose of this letter is to clarify and address your statsnent in the second paragraph of the second page of your letter with regard to the blocking of the stOl"111ffater discharge pipes. The stonmwater from these stonmwater pipes comes from stOl"111ffater runoff from the public infrastructure within olen Eagle, nsmely, the streets. Any such intentional blockage of these pipes would constitute a hazard to the health, welfare and safety to the citizens living in Glen Eagle and could potentially create very serious legal problEms and 1 iabi lities for either you andlor the Tuscawilla Country Club. It is recommended that you db not consider any action of blocking of these drainage pipes. Your cooperat ion in this matter will be great ly appreciated. ~. Inn cc: City Manager Land Development eoordinator Director of Public Works "/ ,; ,.' ,I' ~ . . CifiiHl~ uRry 10, 1993 '/}XgA:gPftf;I~' i ''J /1, Frs l,? 199J 'J.. CI1r or "INl1Jl l:t1t l1fGj~'m'&;J INC. GLENN EAGLE COMMUNITY ASSOCIATION, c/o Sentry Management, Inc. 2180 S.R. 434 - Suite 5000 Longwood, FL 32119 Ret sto~ Water Drainage Into Oolf Course Ponds Dear Neighbor. As you may be aware, a portion of the sto~ water runoff from the streets of Olen Eagle is collected and piped across our property to the ponds located on our 12th and 13th holes. The pipes and the concrete structures at our ponds were instklled by winter Springs Development which developed Olen Eagle and sold lots to individuals and builders. They constructed the line. after we acquired the golf course in 1981. The work they did where the water leaves the pipes and flows into the ponds was either done pursuant to a faulty design or was not installed properly. The banks of the ponds have washed away around the structures and there has been a substantial build up of sediment around the outlets. This has created a maintenance problem for us and a very unattractive situation. On several previous occasions, the developer attempted to correct the situation, however, the corrective work was short lived. My engineer has advised me that a permanent solution will cost in excess of $30,000. Unless any other party is forced to do the work, it will be the Associations's responsibility to pay for this work. I have attempted over the past six months to get someone to correct the situation, but my efforts have not been successful. For your information, I made the following contacts with the responses indicatedt I discussed the situation first with Jim Martello who . was/is employed by the developer. Jim is aware of the facts surrounding the work, the attempts to correct the work and the need to repair. Jim was honest in admitting that something needed to be done to permanently correct the problem. 1500 Winter Springs Boulevard, Winter Springs, Florida 32708 · 407-)t'i6-185I ./'. - -/ /.., . . . /~ . . I discussed the .ituation with Lisa Miskinis and other parties with Hom. Capital (R~C) which is the successor to the Olen Eagle developer. They refused to do anything and advised me to contact the Association. Ferrarini, the purchased the has declined to I discussed the .ituation with Teresa representative of Haynes Hubbs who remaining lots in 01en Eagle. Mr. Hubbs do anything. I discussed the situation with the City's engineer, Len Koz1ov, who was most gracious but informed me that the cost was not something the City could bear and that the Association must be responsible. with a joint effort we can accomplish a permanent solution with the cost borne by the appropriate party. If we delay, there may not be a later opportunity to get them to participate. The City comraissioners who reside in the area (Messrs. Jonas and Langellotti) may be helpful if you want them to intervene to force the original developer to correct its work. The work mus~ be done before we reach the rainy season. If no one does anything, I will be forced to block the pipes which will cause the homes near the course to flood. I am now requesting a meeting with your representatives to dJ~cuss how to resolve the situation. PI' se let me know when it would be convenient. I can be reached at th Club (366-1851) or at home (629-1556). JRH/cw ~ CCI Leonard Xo.1ov Haynes Hubbs Linda Hubbs Jim Hubbs Buck Adkins Bill Reichman Valerie Harrison Teresa Ferrarini Lisa Hiskinis Jim Hartello Rob Rosen ~ /;/ I \.. . ." ---- . I~/ , . . ./ ,/' , '1., I" ..........-Ji___........__... _i-~ .._-.. le.1 r.~ft~--~~ft C.n~r.tlr. ~. O'..lo~r. 0- ~-.~t U~ itsell and lor the benefit, where so stated, ot the Coun~y, th~ Clty~ the Association, all Owners, and other specified parties, and also for the benefit of all real property from time to time ~ included within the Subject Property, hereby creates, declares ~ and reserves the following easements upon those affected portion; of the Subject Property hereinafter specified, to wit: ~ o 14.2 Utility Easements. There are hereby created, declared~ granted and reserved for the benefit of the Developer, the County, the City, the Association, all Owners and any public or private providers of utility services to the Subject Property and their respective successors and assigns a non-exclusive easement for utility purposes over, under, within and upon all other utility easements and easement areas shown on the Plat or otherwise reserved, declared or created pursuant to this Declaration for the purposes of constructing, installing, inspecting, maintaining, repairing and replacing from time to time any and all utility lines, systems and facilities from time to time located therein or thereon. The utilities contemplated to be served by such utility easements shall include, without limitation, those providing electric power, natural gas, telephone, potable water, cable television and electronic security services. ~ <=::) <=::) C-l.) c::::> :.0 14.3 Drainage Easements. There is hereby created, declared and reserved for the benefit of the Developer, the Association and all Owners a non-exclusive easement for storm water COllection, retention, detention and drainage over, upon and within all drainage easements shown on the Plat or otherwise reserved, declared or created pursuant to this Declaration, together with an easement and license to enter upon such easements and easement areas for the purposes of constructing, installing, inspecting, maintaining, repairing and replacing any and all storm water drainage systems, improvements and facilities from time to time located therein or thereon. Additionally, the Developer, for the benefit of itself, the Association and all Owners hereby reserves easements over any and all other portions of the Subject Property as may be reasonably required from time to time in order to provide storm water drainage to all or any portions of the Subject Property; provided, however, that any such additional drainage easements shall not unreasonably interfere with the use and enjoyment by any Owners of the particular Lots or any Improvements from time to time placed, located, constructed, erected or installed ther~on. .. q /(!;J EIIr;;~ P .. , . +10M e 0 u) V e ti?. ~ f\ 5 ~ r}C / rl- Yn1rt 48 c--PocoJ-telfr (09-30-88) C/EEE:47l9DECa-4 :'~.'.6....~~_.. . GLENN EAGLE COMMUNITY ASSOCIATION, INC. c/o Sentry Management, Inc. 2180 S.R. 434 - Suite 5000 Longwood, FL 32779 Re: storm Water Drainage Into Golf Course Ponds Dear Neighbor: . As you may be aware, a portion of the storm water runoff from the streets of Glen Eagle is collected and piped across our property to the ponds located on our 12th and 13th holes. The pipes and the concrete structures at our ponds were inst~lled by Winter Springs Development which developed Glen Eagle and sold lots to individuals and builders. They constructed the lines after we acquired the golf course in 1987. The work they did where the water leaves the pipes and flows into the ponds was either done pursuant to a faulty design or was not installed properly. The banks of the ponds have washed away around the structures and there has been a substantial build up of sediment around the outlets. This has created a maintenance problem for us and a very unattractive situation. On several previous occasions, the developer attempted to correct the situation, however, the corrective work was short lived. My engineer has advised me that a permanent solution will cost in excess of $30,000. Unless any other party is forced to do the work, it will be the Associations's responsibility to pay for this work. I have attempted over the past six months to get someone to correct the situation, but my efforts have not been successful. For your information, I made the following contacts with the responses indicated: I discussed the situation first with Jim Martello who was/is employed by the developer. Jim is aware of the facts surrounding the work, the attempts to correct the work and the need to repair. Jim was honest in admitting that something needed to be done to permanently correct the problem. . ]500 Winter Springs Boulevard, Winter Springs, Florida 32708 . 407-366-1851 . . . I discussed the situation with Lisa Miskinis and other parties with Home Capital (RTC) which is the successor to the Glen Eagle developer. They refused to do anything and advised me to contact the Association. I discussed the situation with Teresa representative of Haynes Hubbs who remaining lots in Glen Eagle. Mr. Hubbs do anything. Ferrarini, the purchased the has declined to I discussed the situation with the City's engineer, Len Kozlov, who was most gracious but informed me that the cost was not something the City could bear and that the Association must be responsible. with a joint effort we can accomplish a permanent solution with the cost borne by the appropriate party. If we delay, there may not be a later opportunity to get them to participate. The City commissioners who reside in the area (Messrs. Jonas and Langellotti) may be helpful if you want them to intervene to force the original developer to correct its work. The work mus~ be done before we reach the rainy season. If no one does anything, I will b6 forced to block the pipes which will cause the homes near the course to flood. I am now requesting a meeting with your representatives to diBcuss how to resolve the situation. Ple'se let me know when it would be convenient. I can be reached at th Club (366-1851) or at home (629-1556). JRM/cw . . Mikes cc: Leonard Kozlov Haynes Hubbs Linda Hubbs Jim Hubbs Buck Adkins Bill Reichman Valerie Harrison Teresa Ferrarini Lisa Miskinis Jim Martello Rob Rosen . . . \.rc-i' March 3, 1988 Mr. Leonard Kozlov City Engineer City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 RE: ..SJo~Il1 Water.Management. Facilities Dear Leonard: WINTER SPRINGS DEVELOPMENT CORP. 1301 WinlO( Spl'ings Boulovard Winlo( Springs, Florida 32706 POS) aGS.a2S2 Ji5)T!fv2 k' rn~ :;I'-.~;j'.. -:"." pJ 8~~":, V <~" ilj MAR 7 BU8 " .CJTY OF WINTER SP/iII'JGS CITY ENGINE[{( Unit 17 We are forming a mandatory homeowners association for Unit 17, and part of the documentation for the association will be required that the Unit 17 homeowners association will be responsible for the maintenance and up-keep of the Storm Water Management Facilities located on the golf course property. You have assurance that this request will be present in the association documents when the association is formed. ack Afflebach Executive Vice President Winter Springs Development Corporation JA: lrh cc: Brian Austin .. '{vS'(;,At,l,',{( H- clue I- (7 .r, ;'m<~:(~~ r.:. ';,:: -1 <;J ,:1 \', ~. )', i.\> " .)'" , ::- ":--,::- :i-""'j 'I I ',! : I ' " . : '" ~ I, J . . . " J . 2 V ~~:rumc:1t \'.':1S ?r~~.;Jretj (II: b 5 C.:DAVISI B::~', II.., ii, .~~Tr.'. em -'.".r .r.... '~...:S:..l --- B.\\"'''U 1\ ,oJ W.-h' -- ~~ ;'1"-'" 1""l1i~( . FOLlr;!) F:oor ".au, .."_ "",Ir.. -. lC51 \"'in~::!(;ey Pi;ce ~ t..~Jlt;Jnj, f;cr:c.:1 327tkCLARATION l~li~J) ~~ : j '.-{ - - OF OVERFLOW AND DRAINAGE EASEMENTS C IT t lJ f ',' J I: I I :: , : " I j .; ) THIS DECLARATION is made and entered int'o as o~jbl~"'2'8Ith day of September, 1987, by WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida corporation (hereinafter called "Developer"), which declares hereby that the "Easement Propertyll hereinafter described in this Declaration is and shall be held, transferred, sold, conveyed and occupied subject to the easements, charges and liens hereinafter set forth. WIT N E SSE T H: '! WHEREAS, Developer is the owner of the following described real property situate, lying and being 1n Seminole County, Flor ida, to-wi t: - - . As set forth in Exhibit "A" attached hereto and made a part hereof (Said described real property is hereinafter referred to as "Easement Property.lI) . WHEREAS, as used in this Declaration, the term "Ownerll shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to the ~asement Property. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, it is thereupon understood and agreed as follows: 1. That all of the foregoing recitals contained in this agreement are true and correct and are incorporated herein in full. 2. Developer hereby grants, declares and establishes for the benefit of certain real properties adjacent to the Easement Property (the "Adjacent Property") owned by Developer, or by the successors in title to Developer, non-exclusive easements for ingress, egress, access, use, construction, maintenance, repair, cleaning out of, and replacement of storm sewer drainage lines, detention-retention ponds, and.storm sewer system and flow of storm water or drainage, on, over, across, under and through the Easement Property. It is understood and agreed that nothing in this easement established by Developer under the terms of this Paragraph 112" shall be construed to prevent Owner or its successors in interest from the full use and enjoyment of the Easement Property for any purpose whatsoever. . 1 B/DDS:4144AGTa (Q!')Q'n-" . . . / / ~ ~ .... 3. Developer agrees that in connection with its development of the Adjacent Property, (i) that all materials to be furnished and work to be performed on the Easement Property shall be performed in accordance with all governmental requirements, (ii) to pay all costs for all materials and work to be performed on the Easement Property in connection with the construction and installation, maintenance, repair and replacement of a storm sewer drainage line or lines, for the benefit of the Adjacent Property, (iii) to save and hold harmless Owner from any and all costs, expenses, damages and claims arising out of or in connection with any and all materials furnished and work performed by Developer on the Easement Property, and (iv) to provide Owner evidence of liability insurance coverage reasonably acceptable to Owner as to such work to be performed by Developer on the Easement Property. 4. After the development of the Easement Property and the installation and construction of storm sewer drain line or lines, detention-retention ponds, and system in the Easement Property for the benefit of the Adjacent Property, Developer agrees to maintain said storm sewer drainage line or lines, within the Easement Property, and to pay all costs and expenses in connection therewith. Except as otherwise provided herein, Owner shall continue to maintain the Easement Property, with the exception of the storm sewer drainage line or lines, detention- retention ponds and system. Should Developer fail to maintain said storm sewer drainage line or lines, constructed and installed on said Easement Property, after reasonable notice of such failure, from Owner, then Owner may maintain said storm sewer drainage line or lines, constructed and installed on said Easement Property, and in such event Owner shall pay all costs and expenses in connection therewith; however Developer agrees to reimburse Owner all of such reasonable costs and expenses paid by Owner in connection therewith, upon receipt by Developer from Owner of a. statement or statements therefor. Owner shall be entitled to 18% interest per annum on any said amount(s) not paid by Developer within 30 days of Developer's receipt of said statement or statements (but in no event shall the interest rate exceed the amount allowed by law). In addition, any easement granted herein for which said amount{s) have not been paid shall automatically terminate in the event any said amount{s) as to that particular easement are not paid within 90 days of Developer's receipt of said statement or statements. . 'I' I, 5. Developer agrees that Developer will, in connection with the construction and installation of, maintenance of, repair of and replacement of the storm sewer drainage line or lines, or the construction and installation of, repair of and replacement of detentiori-retention ponds and system on the Easement Property, to promptly repair any damage to the Easement Property and restore same to the condition existing before any said construction, installation, repair, replacement or maintenance, including but not limited to repairs to paving and landscaping. 2 B/DDS:4144AGTa (9/28/87) . . . ..~ 1/' -" 6. It is understood and agreed that the term, "Owner" sh.:lll mean the owner of the Easement Property. Each time the title to said Easement Property is transferred, the transferor shall be relieved of all further liability and obligations hereunder occurring after the transfer of title; however any owner of the Easement Property shall be liable for all obligations hereunder during any such ownership. It is further understood and agreed that the term, "Developer" shall mean Developer, or it~ successors or assigns. Simultaneously \...ith the assignment by Winter Springs Development Corporation of its rights and obligations hereunder, Winter Springs Development Corporation shall be relieved of all further liability and obligations hereunder, or in the event of a partial assignment, Winter Springs shall be relieved of all further liability and obligations with respect to the rights and obligations hereunder so assigned. 7. As used in this Agreement any reference to the abandonment or discontinuance of use of the storm sewer drainage line or lines, detention-retention ponds and system shall lIIean at least six (6) months of continuous non-use by Developer. In the event the use of the storm sewer drainage line or lines, detention-retention ponds and system or a portion thereof is abandoned or discontinued, Owner may furnish 60 days prior written notice of said abandonment or discontinuance to Developer, with said 60 day period to be measured from the receipt of said notice by Developer. If Developer fails to object to said notice within said 60 day period, (i) any and all easement rights in the applicable portion of the Easement Property established pursuant to this Agreement shall automatically terminate and (ii) Owner shall have the right to file in the public records of Seminole County, Florida a statement certifying that the Easement Property or the applicable portion thereof has not been used continuously by Developer for six months, that Owner has given Developer 60 days prior written notice, and Developer has failed to object. Said statement shall be signed by the Owner and may be signed by the Developer. 8. Upon the abandonment or discontinuance of use of the storm sewer drainage line or lines or a portion thereof, and upon the request of the Owner, the Developer shall remove the storm sewer drainage line or lines or applicable portion thereof if the Owner considers the presence of the storm sewer drainage line or lines or portion thereof to be detrimental to the continued use by Owner of the Easement Property. In the event the use of the storm sewer drainage line or lines or portion thereof is abandoned or discontinued without the storm sewer drainage line or lines or applicable portion thereof being removed, upon request of Owner, fee title to the storm sewer drainage line or lines or applicable portion thereof shall be conveyed to the Owner. B/DDS:4l44AGTa J (9/28/87\ , I '/ I II II I , , I' , , II "I/; I: :! , - ,I d ] j 1 I ,- - ... <// I /, / . ,I ,I \.- I ~'I .. / 9. Owner shall have the right to relocate the easements Jranted herein (and the improvements located within the ,Easement Property): provided, however, that said relocation shall be at Owner's sole expense, the storm sewer drainage line or lines, detention-retention ponds and system shall be reinstalled in a location reasonably accessable to the benefited property and shall furnish capacity at least equal to the existing Easement Property, a new easement(s) shall be granted, and the use of the storm sewer drainage line or lines, detention-retention ponds and system shall not be impaired during the relocation. 10. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such ea~ement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to C. David Brown, II, P.A., Broad and Cassel, Fourth Floor, 1051 Winderley Place, Maitland, Florida 32751 as agent (the "Agent") for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owner designates hereby the Developer and the Agent (or either of them) as its lawful attorney-in-fact to execute any instrument on such Owner's behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. 11. The easements created hereby shall run with the land and shall be binding upon, and its benefits and advantages shall inure to the successors and assigns of the Developer. IN WITNESS WHEREOF, the parties hereto have caused their hands and seals to be hereunto affixed, as of the day and year first above written. Signed, sealed and delivered in the presence of: "Developer" WINTER SPRINGS DEVELOP~ENT CORPORATION, a Florida 05J;~ian T-hhi1- II ~ctWy((SEALJ cJ By: j, I,: I' I' :'1 I :1 !: B/DDS:4l44AGTa 4 ( /1 ,,, I") n J' ./ ~ - - -- -- ~ - ... -- -- -. - ... .. ... ... =- - . / ,I ~/ , ') ~ , r STATE OF FLORIDA COUNTY OF o R.diJ Cr t The foregoing instrument w~s.acknowledged before me this 28th day of Septfimber, 1987, by 1~JI~ A. 131;-'AJ~, , as ~~L~ of Winter Spr1 gs Development Corporat1on, a Florida corporation, on behalf of said corporation. ~h,~ NOTARY PUBLIC State of Florida at Large My Commission Expires: Notary PUblic Slate My' CommisSion e)(PI~:sFo/orlda at l.4irge ct. 23, 1987 B/DDS:4l44AGTa 5 (9/28/87) . LAW OFFICES HONIGMAN MILLER SCHWARTZ AND COHN 390 NORTH ORANGE AVENUE SUITE 1300 ORLANDO, FLORIDA 32801-2448 FRAN K KRU PPEN BACH ER TELEPHONE (4071 648-0300 TELECOPIER (4071 648-1155 WEST PALM BEACH. FLORIDA TAMPA, FLORIDA DETROIT, MICHIGAN LANSING. MICHIGAN HOUSTON, TEXAS LOS ANGELES, CALIFORNIA DIRECT DIAL NUMBER (4071 649 -7404 M E M 0 RAN DUM FROM: winter Springs City commission Frank Kruppenbacher, City Attorney~ Severance Benefits for city Manager, Richard Rozansky TO: RE: DATE: February 22, 1993 The following represents the various amounts of monies Mr. Rozansky requests as his severance package: . 1. Vacation leave accrued 414 hours/51 3/4 days $11,765.38 2. sick leave $30,692.31. accrued 1080 hours/135 days 3. Thirty days severance per charter - $4,925.92 TOTAL = $47,383.61 As to sick leave, for all other employees, we provide payment for sick leave only as a bridge to those eligible for retirement. Please note that regarding sick leave, Dick advises it was his understanding that he would be reimbursed for his accrued sick leave. Dick has spoken with me in the past that a former City commission authorized this policy for the City Manager. . 02672 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 23, 1993 Gary Gamble Quantum Group 2117 Blue Iris Place Long wood ,FL 32779 Re: Tuscawlla Parcel 51 Dear Gary: . This letter is to confirm discussions we had on February 19 and 23 regarding Parcel 51 of the Tuscawilla P.U.D. Our current comprehensive plan specifies both minimum and maximum allowable densities for all but one of the residential land use classifications (the exception is Rustic Residential which specifies only a maximum of one dwelling unit per acre). In the case of Parcel 51, the minimum density is 12.1 DU/acre, thus a single family development would not be consistent with the future land use map, an adopted comprehensive plan document. At a city Planning and Zoning Board meeting on February 17, the Board moved to amend the comprehensive plan to eliminate minimum densities. As a result, prior to the city's final approval on a development which included densities less than 12.1 DU/acre, the comprehensive plan would have to be amended. I am currently drafting an ordinance that the city will shortly adopt specifying the proposed schedule and procedures for the comprehensive plan amendment process. The timeframes I am proposing are as follows: Cutoff date for applications: 5:00 p.m. Friday, April 2nd. Planning and Zoning Workshops - April 7, April 21. Planning and Zoning Public Hearing - May 5. Commission transmittal public hearing - May 24. DCA review, ORC report - 90 days - Aug. 23. ORC remedial action - 21 days - Sept. 13. P&Z review, public hearing - Sept. 22 special meeting Commission 1 st reading - Oct. 11. Commission adoption public hearing - October 25. . I suggested to you that the conceptual plans for the residential development should be presented to the city at your earliest convenience. This will allow the developer to potentially receive city approvals on the overall plan prior to the amendment. Concurrent with the . . . MEMORANDUM To: From: Re: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 18, 1993 Mayor/Commission City Cle~ Cancellation of meeting Mayor Kulbes has cancelled the Workshop Meeting he called for February 24 to discuss garbage problems. The meeting will be re-scheduled. . . . CITY COMMISSION WORKSHOP MEETING February 16, 1993 The meeting was called to order at 7:00 P.M. by Mayor Philip A. Kulbes Mayor Philip A. Kulbes, Present Acting City Manager J. Govoruhk Deputy Mayor John V. Torcaso, Present Commissioner Don Jonas, Present Commissioner John Langel lotti , Present Commissioner Terri Donnelly, Absent Commissioner Cindy Kaehler, Present Presentations by prospective consultants to the City for professional services regarding computer networks: NCR Corporation Leslie King, Account Manager; Tom Bain, Network Specialist; and Gary Danley, District Manager for Marketing gave their presentations to the Commission. Discussion. Digital Equipment Corporation Mr. Michael O'Donoghue, Account Support Representative, gave his presentation to the Commission. Discussion. Local Area Networks - Lenard persin, Mike Thomas, Norwood Nutting and David Greenberg gave their presentations to the Commission. Discussion. Commissioner Kaehler asked the Commission if it was possible to use the soccer goals in the Trotwood Park as the practice field at Central Winds Park is wet and the goals are not being utilized. Discussion. The Commission said there would be no problem using the goals at the Trotwood Park. Commissioner Kaehler asked City Manager Govoruhk to relay the message to the Recreation Department. The meeting was adjourned at 9:10 P.M. Respectfully Submitted, Margo Hopkins Deputy City Clerk . . . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 January 26, 1993 Ms. Leslie King NCR Corporation 291 Southhall Lane Maitland, Florida 32751 Dear Leslie: A workshop has been scheduled before the City of Winter Springs Commission on Tuesday, February 16, 1993, at 7:00 p.m. in the commission chambers at City Hall, 1126 East State Road 434, to provide the top three ranked computer network consultants with an opportunity to present their firm for final consideration to the City Commission. The format of the presentation is as follows: 20 minutes - Presentation of the firm, including company and individual experience with similar projects, depth of support and training staff, and general approach to the project. 20 minutes - Questions from the commission. Your scheduled presentation time is 7:00 to 7:40. We request you hold your presentation to the allotted time as the schedule will be closely monitored. Sincerely, CITY OF WINTER SPRINGS ~%p~ Gregory A. Kern City Planner GAK cc: Mayor/Commission City Manager Staff . . . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 January 26, 1993 MichaelO'Donoghue Digital Equipment Corporation 7650 Courtney Campbell Causeway Suite 800 Tampa, FL 33607-1432 Dear Michael: A workshop has been scheduled before the City of Winter Springs Commission on Tuesday, February 16, 1993, at 7:00 p.m. in the commission chambers at City Hall, 1126 East State Road 434, to provide the top three ranked computer network consultants with an opportunity to present their firm for final consideration to the City Commission. The format of the presentation is as follows: 20 minutes - Presentation of the firm, including company and individual experience with similar projects, depth of support and training staff, and general approach to the project. 20 minutes - Questions from the commission. Your scheduled presentation time is 7:45 to 8:25. We request you hold your presentation to the allotted time as the schedule will be closely monitored. Sincerely, CITY OF WINTER SPRINGS .4~~ Gregory A. Kern City Planner GAK cc: Mayor/Commission City Manager Staff . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 January 26, 1993 Lenard Persin Local Area Networks 1309 44th Street Orlando, Florida 32839 Dear Lenard: A workshop has been scheduled before the City of Winter Springs Commission on Tuesday, February 16, 1993, at 7:00 p.m. in the commission chambers at City Hall, 1126 East State Road 434, to provide the top three ranked computer network consultants with an opportunity to present their firm for final consideration to the City Commission. The format of the presentation is as follows: . 20 minutes - Presentation of the firm, including company and individual experience with similar projects, depth of support and training staff, and general approach to the project. 20 minutes - Questions from the commission. . Your scheduled presentation time is 8:30 to 9: 10. We request you hold your presentation to the allotted time as the schedule will be closely monitored. Sincerely, CITY OF WINTER SPRINGS /~~ /(~ Gr:g'Z; A. Kern City Planner GAK cc: Mayor/Commission City Manager Staff . . . . . RFP EVALUATION FORM PERSONAL COMPUTER NETWORK CONSULTANT Winter springs commission Presentations February 16, 1993 Firm Name EVALUATION CRITERIA NAME OF GRADER COMMENTS: