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HomeMy WebLinkAbout1994 03 21 City Commission Special Minutes 93-94-11 . SPECIAL MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 21, 1994 The Special Meeting of the City Commisison of the City of Winter Springs, Florida, was called to order by Mayor John F. Bush at 7:00 p. m. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, present Cindy Gennell, present David McLeod, present Final Engineering-Florida Country Clubs, Inc.-Parcel 4 (Revised Designation- Arrowhead at Tuscawilla Unit 1): Attorney Kruppenbacher explained at the last meeting an issue surfaced regarding the parcel along Northern Way which is now Parcel 4 and prior to that was Tract 6. Attorney Kruppenbacher explained in May 1992 parties went to mediation involving Judge Edwards, a retired Circuit Court Judge from Orange County, and the result of that was a hearing in front of the Commission; it resulted in identification to the Commission of what were then called Tracts 1, 2, 3, 4, 5, 6, 7 and 8. The City Attorney explained at that time Tracts 5 and 6 were referred to as one house at the 5th green creek Northern Way and the entire parcel will be deeded to the home- owner, that was Tract 5 and Tract 6, three homes at the three acres by the 4th tee west of Greenbriar on Northern Way, single family homes. . Subsequent to that meeting, for approximately a year, Mr. Mikes engaged in negotiations with the Staff, City Manager, Planners, on a multiplicity of issues regarding all of these parcels. The result of that was then bringing back to the Commission in May of 1993 a Settlement Document that attached to it exhibits that reflected the result of that year long negotiation process. At the May 1993 meeting what was reviewed with the Commission in detail were the conceptual plans for Parcels 1, 2, 3, 4, 5, 6, 7 and 8, and the Commission then approved the Settlement for execution after that meeting. Attorney Kruppenbacher asked Mr. Mikes if he was correct to understand that during the course of that year in dealing with the staff, there was a negotiated change to what was then Tract 6, which now became Parcel 4? Mr. Mikes answered he did not believe it was a negotiated change. Attorney Kruppenbacher said, in his opinion, the Commission has one of two issues to resolve this evening. Either the Commission can conclude that the Commission that approved this matter in May of 1993 did so based upon a mistake and that the Parcel 4 which was Tract 6 was settled and agreed to by the parties in May 1992 to be three lots or 3 homes on 3 acres, or the Commission can conclude that the matter was dis- closed to the Commission exactly what the owner of the property intended it to be in May of 1993, and that the Commission believes that it should proceed forward in accordance with that disclosure. Attorney Kruppenbacher said that is based upon what he and the City Manager can glean by going through the records negotiated by the staff and Mr. Mikes. . . Special Meeting, City Commission, March 21, 1994 Page 2 93-94-11 Mr. Mikes explained there was a settlement conference that took place at the office of the City Attorney which was attended by the Commission, homeowners, and the Judge acting as the mediator. He explained mediation is an attempt to get two parties to try to voluntarily resolve a dispute and this arises out of a lawsuit. Mr. Mikes explained the lawsuit goes back to 1971. The Master Plan which shows his property to be permitted for 150 hotel units, 120 condominium units and when this Commission chose not to permit him to develop those 270 very dense units, a lawsuit was filed. Mr. Mikes explained both parties realized it was not in the interest of either party to continue that lawsuit further and agreed to mediation. Mr. Mikes said they sat in two separate rooms and the Judge went back and forth between the rooms trying to come up with a consensus between the parties. . There were no plans in front of anybody. When the report from that settlement conference was made back to the very same board that was sitting in there doing the negotiations and talking to the Judge the report came as Attorney Kruppenbacher stated. Mr. Mikes said he was then advised he could go no further until he presented a set of plans with legal descriptions. Mr. Mikes said he then retained an engineer planner who prepared the plans as he understood the agreement to be. He said the plans were reviewed; when both parties commented and said it looked good agreement negotiations started. That agreement being negotiated with the City Attorney, principally Keith Bricklemyer, the staff and Mr. Mikes' attorney. He said the agreement moved forward and eventually was signed in April of 1993. He explained the contract was signed and those plans were attached to it. Nobody shifted plans during the course of that year and nobody put a different set of attachments to it. He said it was exactly as they had worked on it throughout the year from 1992 to 1993. In reliance on that, Mr. Mikes said he agreed to settle the lawsuit, and he signed a release of the City. Mr. Mikes said if this parcel is changed and if he does not get his contractual right, the whole document opens up and the lawsuit opens up. He said the 150 hotel units are still what he is permitted to do under the 1971 plan as well as the 120 condominium units. Mr. Mikes went on to explain at the settlement conference the Hooker property was discussed. He said he would attempt to acquire that parcel, 16 acres, and take it from what was permitted and actual plans had been approved; final engineering had been approved by the City for 192 apartments. During the course of the year Mr. Mikes said he brought that back and this Commission and the Planning & Zoning Board have reviewed and approved a conceptual plan for 27 roughly 1/2 acre lots, homes that will probably be in the range of $400,000 in lieu of 192 apartments and he said, doing that in reliance upon and at the request of theCommission at that settlement conference. Mr. Mikes said he has spent a lot of money; it is a binding contract and he expects that he will be able to do those lots. He said the City may choose to condemn those lots and buy them or open up the entire agreement. Discussion followed. . Attorney Michael Jones spoke on behalf of some of the homeowners. Grace Ann Glavin, Bear Creek Court, Chairman of the Planning & Zoning Board spoke about this issue when it came to the Planning & Zoning Board. Martha Pulz, Northern Way, spoke . Special Meeting, City Commission, March 21, 1994 Page 3 93-94-11 about the omissions in the minutes of the May 1992 meeting. Mayor Bush called a recess at 8:05 p.m. and called the meeting back to order at 8:20 p.m. Cindy Kaehler, N. Edgemon Ave., former Commissioner, explained she did not know what went on between staff and Mr. Mikes, but when she voted in May 1993, it was her personal understanding that what they were voting on was the agreement as stated in May of 1992. Paul Partyka, Oswego Court, and John Horan, Wood Duck Drive, also spoke in discussion. Motion was made by Commissioner Ferring to table. Seconded by Commissioner Torcaso. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, no; Commissioner McLeod, no; Commissioner Torcaso, aye; motion passes. Meeting was adjourned 8:40 p.m. Respectfully submitted, . mtJM,r~ Mary T. Norton, City Clerk Approved: ,MAYOR .