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HomeMy WebLinkAbout2015 05 11 Consent 309 Unapproved Minutes from the April 27, 2015 Regular MeetingCOMMISSION AGENDA ITEM 309 May 11, 2015 Informational Consent X Public Hearings Regular ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, April 27, 2015 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, April 27, 2015 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk Consent 309 PAGE 1 OF 2 - May 11, 2015 for the Approval by the City Commission. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, April 27, 2015 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, April 27, 2015 City Commission Regular Meeting Minutes (14 pages) Consent 309 PAGE 2 OF 2 - May 11, 2015 Attachment "A° CITY OF WINTER SPRINGS, FLORIDA T� V Incorporated • I959 • f,�COD WETR J�.( CITY COMMISSION MINUTES REGULAR MEETING MONDAY, APRIL 27, 2015 - 6:00 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Joanne M. Krebs - Seat Five Commissioner Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick - Seat Four ' y. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- APRIL 27, 2415 PAGE 2 OF 14 13 9 W foie _l; 1 The Regular Meeting of Monday, April 27, 2015 of the City Commission was called to Order by Mayor Charles Lacey at 6:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708 ). Roll Call: Mayor Charles Lacey, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Pam Carroll, present Commissioner Cade Resnick, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo- Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Regarding whether there were any Agenda Changes, hearing no Agenda Changes noted, Mayor Lacey remarked, "If not, it will stand as adopted." AWARDS AND PRESENTATIONS AWARDS AND PRESEN'T'ATIONS 100. Office of the City Manager and Office of the Police Chief REQUEST: Presenting to the Mayor and City Commission the Police Department "Civilian Employee of the Year" Award Recipient. Chief of Police Kevin Brunelle recognized Ms. Mandy Minetto as the Police Department's "Civilian Employee of the Year" and commented on her many outstanding attributes and contributions. INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Mr. Bill Dehlinger, 1601 Tiverton Street, Winter Springs, Florida: as Winter Springs' representative on the Metroplan Orlando Citizens Advisory Committee, commented on the "Ultimate 14" project, new lanes being built on State Road 417, that today there are about 68,000 vehicles per day on State Road 417, that by the year 2020, it should be 80,000 cars, and that number doubled by the year 2040. Mr. Dehlinger also mentioned that State Road 417 is going to be encouraged as an alternative to 1 -4 and hoped that Winter Springs' GreeneWay Interchange District would benefit from the increased traffic. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2015 PAGE 3 OF 14 Further comments. Ms. Sheila Benton, 414 Cedarwood Court, Winter Springs, Florida: spoke regarding Regular Agenda Item "600" and thought it was a complicated Agenda Item, referenced appearances, previous Commissioners, the funds involved, and to make this matter more understandable. }: f Mayor Lacey closed `Public Input ". CONSENT AGENDA CONSENT 300. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, March 30, 2015 City Commission Workshop Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, March 30, 2015 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 301. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, April 13, 2015 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2015 PAGE 4 OF 14 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always 1, willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, April 13, 2015 City Commission Regular Meeting Minutes. No discussion. CONSVNT 302. Community Development Department REQUEST: The Community Development Department - Planning Division requests the City Commission approve a 90 day extension of the termination date for the Annexation Agreement for the Plante property. The property is generally located east of Tuscawilla Road and south of SR 434. The Annexation Agreement was approved by the City Commission on May 12, 2014. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve a 90 -day extension for the termination of the Annexation Agreement for the Plante property. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 27, 2015 PAGE 5 OF 14 Mayor Lacey asked for a Motion to approve the Consent Agenda. "MOTION TO APPROVE." MAYOR LACEY STATED, "MOTION BY COMMISSIONER HOVEY." SECONDED BY COMMISSIONER CARROLL. DISCUSSION VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMISSIONER HOVEY: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -- Kevin L. Smith No Report was given. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC No Report. REPORTS 403. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Pam Carroll commented on the recent Arbor Day Event and that it was nicely done, said she appreciated Duke Energy explaining their recent vegetation clearings, and extended her thanks to Mr. Kip Lockcuff, P.E., Director, Public Works /Utility Departments, Ms. Zynka Perez, Stormwater Utility Manager, Public Works Department, Ms. Sara Miller, Urban Beautification Coordinator, Public Works Department, and Ms. Stephanie Monica, Water Conservation Coordinator /Arborist, Public Works Department. a+ir►; . F: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2015 PAGE 6 OF 14 REPORTS 404. Office of Commissioner Seat Four - The Honorable Cade Resnick For his Report, Commissioner Cade Resnick noted that he recently went on a "Capital Connection" trip and that he was glad that all Seminole County representatives met with the "Capital Connection" attendees and listened to their concerns. Next, Commissioner Resnick commented on a "Kids House of Seminole, Inc." event and commented briefly on the data they provided. Continuing, Commissioner Resnick spoke of the YEA! (The Young Entrepreneurs Academy, Inc.) program and mentioned an upcoming event to which the Mayor and City Commission had been sent an invitation to attend, and which will be held on May 20, 2015 in the Community Room at the Oviedo Mall. Lastly, Commissioner Resnick mentioned his Town Hall meeting that he was holding at the Highland Club House on May 12, 2015 at 6:30 p.m., and that all residents are welcome to attend. Mayor Lacey said to Commissioner Resnick, "Good work on the YEA! (The Young Entrepreneurs Academy, Inc.) program. I do not think you get enough credit for your involvement in that. I think that is a great community service you are doing there." REPORTS 405. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs Deputy Mayor Joanne M. Krebs mentioned that employees have recently received raises and she did not think the City Manager nor the City Clerk were included. With comments on previous discussions on this topic City Manager Kevin L. Smith explained that while monies are appropriated, the approval is not a given, and the City Commission would need to approve any such raises. Mayor Lacey summarized, "The Manager has the authority to dispense raises to all the people who work for you but you didn't have the authority to dispense raises for the people who didn't, namely yourself and the Clerk." Manager Smith stated, "That's correct." "I WOULD LIKE TO MAKE A MOTION THAT THEY GET THEIR RAISES AS I THOUGHT WE HAD PLANNED -- GET THEIR RAISES THIS YEAR AND IT BE RETROACTIVE TO I THINK IT WAS JUST A COUPLE OF WEEKS AGO." MOTION BY DEPUTY MAYOR KREBS. MAYOR LACEY NOTED "THE RAISES THOUGH WERE MERIT BASED SO THERE WAS DISCRETION BY EACH DEPARTMENT MANAGER AS TO WHAT THAT LEVEL OF RAISE SHOULD BE." WITH FURTHER INFORMATION FROM MANAGER SMITH ABOUT AVERAGES AND POOLS OF MONEY, MAYOR LACEY SUMMARIZED "I WOULD TAKE THE MOTION AS BEING TO AUTHORIZE THE DISBURSEMENT OF THE RAISE AT THE AVERAGE RATE..." DEPUTY MAYOR KREBS ADDED, "...CORRECT. RETROACTIVE." SECONDED BY COMMISSIONER HOVEY. DISCUSSION CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2015 PAGE 7 OF 14 Mayor Lacey opened "Public Input ". Mr. Maurice Kaprow, Post Office 195233, Winter Springs, Florida: suggested the City Commission approve this Motion and complimented the City Manager and City Clerk on their dedication and efforts. Mayor Lacey closed "Public Input". MAYOR LACEY CLARIFIED THAT THE "MOTION IS FOR A TWO PERCENT (2 %) RAISE LINE WITH THE SCHEDULE GIVEN TO ALL OTHER EMPLOYEES." VOTE: COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REPORTS 406. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey yr i_.. . Mayor Lacey referenced previous comments that Mr. Bill Dehlinger offered during "Public Input" and said that Congressman John Mica had mentioned there were earmarked funds for a study on a possible connector between Interstate 95 (I -95) and State Road 417 and said that Volusia County was in charge of this but was not interested in such a connector. Mayor Lacey suggested that our City Commission contact the Seminole County Commission and possibly Volusia County on this matter. Further comments followed on the routes in question, more people passing by Winter Springs, commercial and residential growth in Lake Mary, and that more people may need a place to live and may choose Winter Springs, Next, Mayor Lacey noted that on Wednesday, April 29, 2015 is the "Leadership Seminole" Character Key Video Awards starting at 5:00 p.m. Brief comments followed on who planned to attend. REPORTS 407. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey mentioned that Governor Rick Scott had signed a Bill changing school dates and schools would start a week earlier, on August 17, 2015. Speaking to Chief Brunelle, Commissioner Hovey commended Captain Chris Deisler, Police Department on his excellent service and assistance and added that regarding Captain Deisler, "If you give him something, he just goes above and beyond, and so please thank him." Deputy Mayor Krebs voiced her agreement as did other Commissioners. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2015 PAGE 8 OF 14 REPORTS 408. Office of Commissioner Seat Two - The Honorable Kevin Cannon Commissioner Kevin Cannon mentioned STEM ( Science / Technology /Engineering/Mathematics) and his recent attendance at the FIRST* [For Inspiration and Recognition of Science and Technology] Robotics Competition, and commented on the merits of this competition. Commissioner Cannon noted that while he was there, he had tried to encourage some technological companies to come to Winter Springs, and he also suggested the City Commission try to attend the next Regional Conference that is held at the University of Central Florida (UCF). PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office of the City Attorney and Office of the City Clerk REQUEST: The City Attorney and City Clerk request that the City Commission consider approving, on Second and Final Reading, Ordinance 2015 -12 proposing to retroactively and prospectively stagger the terms of committee members appointed to the Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory Committee. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Clerk recommend approval of Ordinance 2015 -12 on Second and Final Reading. Attorney Garganese read Ordinance 2015 -12 by "Title" only and gave a brief update. Mayor Lacey opened the "Puhl is Input " portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ORDINANCE 2015 -12." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. CCFY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2015 PAGE 9 OF 14 VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Manager and Office of the CityAttorney REQUEST: The City Manager and City Attorney request the City Commission to consider the completion status of the unconstructed Phase II office building at the Vistawilla Office Center located along State Road 434, and to consider a proposal from the property owner to modify the terms and conditions of the Fifth Modification of Developer's Agreement. FISCAL IMPACT: If construction of the Phase II office building occurred as originally planned and permitted, it would have had a positive impact on the City's commercial tax base. That positive tax impact was intended to off -set the City's economic development grant to the UCF for the business incubator program. However, it does not appear that the Phase II building will be constructed. Vistawilla Office Building, LLC now has a contractual obligation to pay the City up to $200,000. That obligation encumbers the entire property and is memorialized in the Fifth Modification of Developer's Agreement which is recorded in Seminole County ORB 6858, Pgs 1286 -1289. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A copy of this agenda item was provided to the Vistawilla Office Center, LLC, David McLeod, prior to the meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— APRIL 27, 2015 PAGE 10 OF 14 RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission consider the Proposal and provide direction as to whether the City Commission will agree to any changes to the original terms and conditions of the Fifth Modification. City Attorney Anthony A. Garganese began the discussion on this Agenda Item with an overview of some of the related dates and occurrences. Mr. David McLeod, 695 Dunmar Circle, Winter Springs, Florida: introduced himself and his Attorney. Ms. Tara L. Tedrow, Esquire, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: as Mr. McLeod's Attorney, Ms. Tedrow addressed the City Commission, and reviewed some slides related to various aspects related to Mr. McLeod's ownership in the Vistawilla property. Tape 1 /Side B Ms. Tedrow continued with comments including the proposal they have suggested to the City. Comments followed on the two hundred thousand dollars (200,000.00) payment, Mr. Tom Corkery, and the University of Central Florida (UCF) Business Incubator. Mr. McLeod addressed previous remarks made during Public Input and spoke of his years of service to the City and doing the right thing. Much discussion followed on people affiliated with Vistawilla LLC., payments related to the two hundred thousand dollars ($200,000.00), proposed payments, Economic Development, precedents, the economic Grant, a potential sale which could be a larger building than the second proposed Vistawilla Center building and that could bring in more revenues, relief decisions, a past economic downturn, sale of the other property, paying the City back the two hundred thousand dollars ($200,000.00), Liens and outstanding obligations, former Commissioners, that Seminole County did not want to invest in the Incubator unless Winter Springs did, what the City has paid into the University of Central Florida (UCF) Business Incubator, and the City being "business friendly ". Remarks continued on the University of Central Florida (UCF) Business Incubator, Class A Office space, some of the efforts Mr. McLeod has made to keep and nurture clients, Economic Development, occupancy, that Mr. McLeod has kept the building well maintained, another potential Assisted Living Facility (ALF) and the demand for such Assisted Living Facilities (ALF's). Further comments. Tape 2 /Side A Discussion continued on a possible sale, waiting until more is known about the details of a potential sale, and Mr. McLeod spoke on some of the aspects related to a pending contract. Regarding any possible refinancing considerations, Mr. McLeod stated, "The building is under one Note, the lot is under a second." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2015 PAGE 1 I OF 14 Ms. Tedrow then said, "The reason that we're here today is because we can't move forward with anything but for a Lot Split to sell off that parcel, whether it's to the current buyer under this contract or a future buyer." Commissioner Cannon spoke of his concern with not knowing what the lot would sell for, what developments might be built, what Fees are expected, and protecting the City's financial interests. Commissioner Cannon then remarked, "If we were to do a Lot Split Anthony ( Garganese), as requested and I understand - it makes sense that they need to be able to carve it out and sell it and so forth. If we do that, can we do it in a way to protect the City's interests, in terms of the monies that are owed us ?" Attorney Garganese noted, "Conceivably the City Commission could move forward with a Lot Split but the binding agreement is still running against the land, and as I mentioned earlier, there are two (2) material obligations. One (1) is the 5t' Modification requires a Phase 11 office building to be built on the vacant portion and the two hundred thousand dollar ($200,000.00) commitment runs on all of the property. If the Commission was inclined to move forward with a Lot Split — that's the Commission's prerogative; but as the Manager mentioned, we have this issue with this binding Development Agreement where there have already been development approvals running with the land." Commissioner Cannon inquired, "If we did a lot split - this was the 5`h Modification to the Development Agreement, would the prior obligations of the prior versions of the Development Agreement, would they continue in place, as to the new lot that is split out ?" Attorney Garganese noted, "The whole Agreement would apply to the vacant portion as well as the Vistawilla portion with the existing building." Mr. McLeod suggested, "You could tie your present — to the present Tax ID number, which is the Tax ID number that is on the office building. The new split will have a different Tax ID number, okay. It could be written up so the Lot Split itself would then fund at the closing `x' dollars back to the City, whether it's the fifty [thousand dollars] ($50,000.00) we proposed or the seventy -five [thousand dollars] ($75,000.00)." Deputy Mayor Krebs mentioned a previous Police Department satellite office that Mr. McLeod assisted with and asked about the costs and efforts expended for that effort, to which Mr. McLeod addressed this. Discussion followed on the property in question remaining undeveloped, and the potential buyer's interest. Mr. McLeod added, "if this is all tied back to the fact of the sale, and upon that closing, we'll put it right in the closing documents that the City gets disbursement of `x' number of dollars, whatever that may be." Comments ensued on the proposed lot split, impact fees, risks, traffic, taxes, having Staff come back first with more information, Land Use, and the market. Attorney Garganese noted, "If the City Commission is going to accept a contingent payment upon the sale of property then you would need to memorialize that in writing. So, if buyer a fell through, then if there's another buyer, the same commitment stands and the City gets payment from the sale of the property." Mayor Lacey mentioned he thought the obligation split both ways would be one hundred eleven thousand dollars ($111,000.00) each. Remarks followed on possible scenarios and moving forward. Mr. McLeod stated, "I will stand behind what I say about it -- at the present time, I would be willing to take the seventy -five thousand [dollars] ($75,000.00) contingent upon the sale on property `a', or tenant `a', or sale `a'. Okay. If sale `a' falls through and we have to go to `b' and `c', I would up that by twenty -five thousand dollars ($25,000.00) to the City. That would then cover monies moving forward from a perspective to cover the City and I think that would be fair." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING, - APRIL 27, 2615 PAGE 12 OF 14 With further comments on potential offers and hardships, Mr. McLeod then noted, "Seventy -five thousand [dollars] ($75,000.00) with the present purchaser, a hundred thousand [dollars] ($100,000.00) if we have to look for other purchasers." "I WOULD LIKE TO MAKE A MOTION STATING EXACTLY THAT, TO APPROVE THE AGREEMENT AS STATED AT SEVENTY -FIVE THOUSAND [DOLLARS] ($75,000.00) - WITH THE SALE OF THE FIRST BUYER. IF THE FIRST BUYER FALLS THROUGH, THEN IT WOULD MOVE TO A HUNDRED THOUSAND [DOLLARS] ($100,000.00) WITH THE SALE OF A SECOND OR THIRD BUYER." MOTION BY COMMISSIONER RESNICK. MAYOR LACEY REMARKED, "SECONDED BY DEPUTY MAYOR KREBS." DISCUSSION. MAYOR LACEY INDICATED THE MOTION WAS THAT "WE ENTER INTO AN AGREEMENT TO ACCEPT THE PROPOSAL AS IT WAS SUBMITTED TO US WITH THE INTEREST NUMBER GOING AWAY, AND THE NET NUMBER BEING SEVENTY -FIVE THOUSAND DOLLARS ($75,000.00) UNDER THE CURRENT BUYER; AND WITH FURTHER AGREEMENT, SHOULD THAT BUYER FALL THROUGH AND A SECOND BUYER EMERGE AFTER THE FACT, THEN THE NUMBER INCREASES TO ONE HUNDRED THOUSAND [DOLLARS] ($100,000.00)." MS. TEDROW SAID FOR THE RECORD, "THIS IS NOT THE PROPOSAL WE MADE. THAT'S FINE AND WE ARE AGREEING TO IT, BUT I DON'T WANT THE TERMS IN THE MEMORANDUM TO SOMEHOW THEN BECOME TIED INTO WHAT WE ARE TALKING ABOUT NOW, BECAUSE THIS IS DIFFERENT THAN WHAT WE ORIGINALLY HAD PROPOSED IN THE MEMO. SO, WE ARE AGREEING TO HOW YOU JUST SAID IT." WITH FURTHER COMMENTS, MR. McLEOD MENTIONED, "A CAVEAT THAT SHOULD BE ALSO TIED WITH THAT, THAT WE CAN APPLY FOR THE LOT SPLIT AT THIS TIME AND GO THROUGH THE PROCESS WITH YOUR STAFF FOR THE LOT SPLIT..." COMMISSIONER RESNICK REMARKED, "...WHICH IS WHAT IS IN YOUR PROPOSAL." COMMISSIONER HOVEY ADDED, "RIGHT." MAYOR LACEY POINTED OUT, "AND I DON'T SEE ANYTHING THAT WE ARE SUGGESTING TONIGHT THAT WOULD INHIBIT YOUR RIGHTS TO DO THAT ANYWAY." MS. TEDROW SAID, "JUST TO BE CLEAR, THE AGREEMENT IS THE SEVENTY -FIVE THOUSAND DOLLARS ($75,000.00) AT THE CLOSING WITH THE BUYER THAT WE HAVE UNDER CONTRACT OR THE FIRST CLOSING THAT WE WOULD HAVE THIS YEAR. IF NOT, THERE'S TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) ADDED TO THAT AT THE NEXT BUYER AND THE OTHER TERMS THAT YOU'RE TRYING TO INCORPORATE FROM OUR ORIGINAL AGREEMENT. WHAT IN ADDITION TO THAT? BECAUSE FOR US, EVERYTHING ELSE GOES AWAY AND THIS SEEMS TO BE MOVING FORWARD." COMMISSIONER RESNICK NOTED, "YOUR RESOLUTION INCLUDES A LOT SPLIT AS A REQUEST, `c', `d', AND `e' WERE THE EFFORTS YOU WERE MAKING, THE RENTAL REDUCTION REQUESTS, AND THE... MS. TEDROW STATED, "...IN LIGHT OF THE ADDITIONAL TWENTY -FIVE THOUSAND [DOLLARS] ($25,000.00) PLEDGED TOWARD A NEXT CLOSING, I DON'T WANT TO SAY THAT WE CAN CONTINUE TO SUSTAIN ADDING THE SAME THREE -FIFTY PER SQUARE FOOT REDUCTION FOR FUTURE TENANTS BECAUSE THIS MIGHT MAKE IT PROHIBITIVELY DIFFICULT FOR US TO BRING THOSE IN, WHICH IS WHY I WANT TO JUST SAY WE ARE NOT GOING WITH OUR — ORIGINAL PROPOSED RESOLUTION. r[ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2015 PAGE 13 OF 14 THE RESOLUTION WE HAVE TONIGHT IS AS YOU JUST STATED, THOSE THREE (3) PRONGS — LOT SPLIT, SEVENTY -FIVE THOUSAND [DOLLARS] ($75,000.00) AND THEN THE ADDITIONAL p=—j TWENTY -FIVE THOUSAND [DOLLARS] ($25,000.00) IF THIS FIRST SALE DOESN'T GO THROUGH." MAYOR LACEY REMARKED, "I THINK THAT IS AGREEABLE." DEPUTY MAYOR KREBS AND &Z "d COMMISSIONER RESNICK STATED, "YES." ATTORNEY GARGANESE WAS ASKED FOR HIS THOUGHTS AND NOTED, "OBVIOUSLY MEMORIALIZE IT IN WRITING, BUT YES, AS I UNDERSTAND IT, THE LOT SPLIT WOULD GO FORWARD, NUMBER ONE. AND IT'S REALLY NOT TIED TO THE REVISION, TO THE 5TH MODIFICATION AND THAT REVISION, RATHER THAN BEING TIED TO THE BUILDING OF A SECOND OFFICE BUILDING - THE PAYMENT TO THE CITY IS NOW GOING TO BE TIED TO THE SALE OF THE FUTURE VACANT STAND -ALONE LOT, CORRECT; AND IT'S SEVENTY - FIVE THOUSAND [DOLLARS] ($75,000.00) IF THEY SELL THAT SOON TO BE NEW VACANT LOT TO THE CURRENT CONTRACT BUYER; AND IF THAT CONTRACT BUYER FALLS THROUGH, THAT PAYMENT NOW WILL RISE TO A HUNDRED THOUSAND DOLLARS ($100,000.00) UPON SALE TO SOME OTHER PERSON OR ENTITY IN THE FUTURE. CORRECT ?" MAYOR LACEY STATED, "YES." CONTINUING, ATTORNEY GARGANESE POINTED OUT, "THE ONLY OUTSTANDING QUESTION UNDER THE 5TH MODIFICATION IS THE FACT THAT IT'S STILL CALLING FOR THE CONSTRUCTION OF A PHASE II OFFICE BUILDING; AND THERE ARE FINAL ENGINEERING PLANS WITH RESPECT TO THAT. SO, IS THAT MATERIAL TERM BEING DELETED..." MAYOR LACEY STATED, "...IT HAS TO, RIGHT COMMISSION?" DEPUTY MAYOR KREBS SAID, "YES." COMMISSIONER RESNICK REMARKED, "YES, IT WOULD HAVE TO." OTHER COMMISSIONERSS NOTED THEIR AGREEMENT. MAYOR LACEY SUGGESTED, "SO, I THINK INCORPORATED IN THE MOTION IS THAT HOWEVER YOU ENTER INTO THIS AGREEMENT, INCLUDES A MODIFICATION TO THE 5TH DA (DEVELOPMENT AGREEMENT)." DEPUTY MAYOR KREBS SAID, "YES, EXACTLY." WITH FURTHER REMARKS ABOUT WHEN THE SECOND PROPOSED OFFICE BUILDING WOULD BE STRICKEN, ATTORNEY GARGANESE NOTED, "IT WOULD BE STRIPPED OUT NOW." DEPUTY MAYOR KREBS AGREED AND ALSO SAID "NOW." ATTORNEY GARGANESE CONTINUED, "THE REPAYMENT TERMS WOULD BE AMENDED AS WE DISCUSSED — THE SEVENTY -FIVE [THOUSAND DOLLARS] ($75,000.00) PLUS THE TWENTY -FIVE [THOUSAND DOLLARS] ($25,000.00) AND IT'S GOING TO BE TIED TO THE SALE OF THE SOON TO BECOME VACANT LOT." ATTORNEY GARGANESE MENTIONED, "WE'LL HAVE TO DEFINE THIS VACANT LOT AND I DON'T KNOW IF WE DEFINE IT BEFORE OR AFTER THE COMMISSION CONSIDERS AND APPROVES THE LOT SPLIT." MR. McLEOD NOTED THAT HE HAS A SURVEY WITH THE LEGAL INFORMATION. FURTHER COMMENTS FOLLOWED ON LAND USE, AND COMMISSIONER CANNON ASKED FOR MORE INFORMATION. MAYOR LACEY COMMENTED FOR THE RECORD ON THE PROPOSED SEVENTY -FIVE THOUSAND DOLLARS ($75,000.00) AMOUNT. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 27, 2015 PAGE 14 OF 14 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: NAY DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. Attorney Garganese said, "We will memorialize that in writing and give it to the Commission for final..." Mr. McLeod remarked, "...We're looking forward to moving through with that. I would like to mention - the building itself right now has signage on it from a previous tenant. We are moving forward with the signage that has UCF (University of Central Florida) Business Incubator on the face of the building which I think is very good as you enter the City. And underneath that, we are going to be putting the name of `Winter Springs'; unless a Commissioner has a problem with us putting your name out there." Tape 2 /Side B With further comments, it was suggested to add the word, "at" [Winter Springs]. Mayor Lacey noted that in previous discussions related to funding the Incubator in Winter Springs, Seminole County had wanted the Incubator in Winter Springs to be called the "Winter Springs Incubator ". PUBLIC INPUT Mr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: mentioned a property near Ontario Court and Northern Way which has a "corral" type fence and did not think this was a compatible use and hoped this could be revisited. Mr. Johnson then offered thanks to Chief Brunelle and Mr. Chris Caldwell, Director, Parks and Recreation Department for their departments' help with the Tuscawilla Homeowners Association Family Fun Day and stated, "I really appreciate their hard work." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the 2015 City Commission Regular Meeting.