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HomeMy WebLinkAbout_2005 10 17 City Commission Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 17, 2005 CALL TO ORDER The Special Meeting of Monday, October 17, 2005 of the City Commission was called to order by Deputy Mayor Michael S. Blake at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, absent Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, arrived at 6:35p.m. Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:41 p.m. A moment of silence was followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Office Of The City Manager Requesting The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2005-30 Amending The City's Code Of Ordinances, Chapter 9, Article VIII, Impact Fees. Deputy Mayor Blake stated, "This is a carry-over from the previous regularly scheduled Meeting of a week ago. Is that correct Ron [McLemore]?" City Manager Ronald W. McLemore said, "That's correct." Manager McLemore added, "And advertised to a 'Date Certain'." Deputy Mayor Blake said, "Correct - which is this evening." Commissioner Robert S. Miller arrived at 6:35p.m. With discussion, Deputy Mayor Blake spoke for the Record about Commissioner Miller's attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 2 OF 14 Deputy City Clerk Joan Brown read Ordinance 2005-30 by "Title" only. Mr. Kip Lockcuff, P.E., Public WorkslUtility Department Director presented this Agenda Item and stated, "What's changed between First Reading and Second Reading is the Police Impact Fee. When we had done our calculations for the First Reading of the Ordinance, we had used the capital needs provided in the December update by LDI (Land Design Innovations, Inc.) of December 2004, and they had only included the five (5) year CIP (Capital Improvement Program) needs." Mr. Lockcuff added, "As you can see in the Second Reading we've increased the Police Fee from one hundred and fifty dollars ($150.00) for residential to three hundred fifty five [dollars] ($355.00)." Mr. Lockcuff said, "Fire, Parks and Public Building did not change. Transportation changed slightly when we used the revised build-out numbers." Discussion. While discussing adjustments, Deputy Mayor Blake stated, "So Parks is the only number we have adjusted?" Mr. Lockcuff noted, "That's correct." Deputy Mayor Blake then asked, "Why is that?" Mr. Lockcuff responded, "Because you adopted a CIP (Capital Improvement Program) that included projects that weren't on the original 2003 list - for Parks." Deputy Mayor Blake suggested, "There should be some explanation of that though, I think." City Attorney Anthony A. Garganese arrived at 6:41 p.m. Deputy Mayor Blake opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Blake closed the "Public Input" portion of the Agenda Item. Commissioner Miller stated, "Point of Clarification" and referenced page 2. Discussion ensued on Impact Fees. "I MOVE THAT WE ADOPT ORDINANCE [NUMBER] 2005-30." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 3 OF 14 VOTE: DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Office Of The City Manager Requesting The City Commission Adopt A Development Agreement Between The City Of Winter Springs And JDC Incorporated Relative To The Development Of The 46.5 Acre Schrimsher Tract Located In The North East Quadrant Of The Intersection Of Tuscawilla Road And State Road 434. Mr. George D. Tullos, Jr., Development Manager, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: gave a presentation on Phase IIA and Phase IIB property. Mr. Tullos noted a "Boundary topo survey of the 46.9 acres which will become an attachment to the Development Agreement. There are about four (4) items in here that will become attachments to that Agreement." Referring to the presentation, Mr. Tullos said, "Everything you see in the blue and green, they are wetlands, and we are currently mitigating those wetlands." Tape I/Side B Mr. Shane J. Doran, Senior Vice President, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: spoke on the proposed project. Discussion. Mr. Tullos said, "This lays out the Phase IIB section of the development as we finish all the way out to the pedestrian bridge. You can see we have taken out what we were unable to develop on the east side of the bridge. We will do the Detention Pond." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 4 OF 14 Commissioner Miller asked, "Your parking is going to be buried in the building?" Mr. Tullos responded by saying, "The parking will be in garages with liner buildings around, so, trying to make them invisible to the street." Referring to the next floor, Mr. Tullos said, "With residential units above the retail." Next, Mr. Tullos stated, "This is a Concept only - if we were unable to mitigate any lands, how we might fit this entire development on, but - that is not our interest, but I put it in there so you know that we have gone way down the road and have the very well thought-out plans for the development." Mr. Doran spoke for the record and said, "We did not expect these wetlands. And we have [Mr.] Bob Lochrane of Lochrane Engineering [Incorporated] here if the questions get too technical. They are actually worse than they look." Referring to soil testing, Mr. Doran said, "What we have done is react to that, squeezed everything to the west of the Trail Bridge, put a tract under contract, it is well over nine hundred thousand dollars ($900,000.00) and between it and Bob's [Lochrane] fees and our other Consultant's fees, to get this done and to get this mitigated, it comes out to be about a million dollars. We are trying to save this." Mr. Doran added, "This is just a very simple framework, get control of this land for us so that we can move forward in good faith with the City to build out - is our ultimate goal." Discussion ensued. Commissioner Donald A. Gilmore asked, "What are you mitigating on - at this point?" Mr, Doran said, "We have one (1) tract under control that allows us to mitigate everything to the west of this Trail Bridge and enough in here to drain everything to the west of that Trail Bridge." Commissioner Gilmore reiterated, "So you - can mitigate everything you show west of the Bridge." Mr. Doran said, "Yes." Mr. Tullos added, "And enough of the area to create the Detention Pond to drain everything west of the Bridge. " In reference to the Developer's Agreement, Attorney Garganese said, "I have a couple of minor changes from Shane's [Doran] lawyer in Atlanta." Attorney Garganese said, "The first change is, it's going to be called the 'Winter Springs Town Center Phase II Developer's Agreement' - keep this Agreement separate and apart from what we consider Phase I which is the - Publix area." Attorney Garganese said, "The fourth 'WHEREAS' clause as a result, we want to strike that." Attorney Garganese added, "The obligations and commitments of the parties are set forth beginning on page 2. The first would be approval of the Concept Plan and the Concept Plan as depicted - minimum of 400,000 square foot of retail." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 5 OF 14 Furthermore, Mr. Doran stated, "You are looking at the entire - that says Phase - it says Phase IIB because that area is highlighted. That section in - kind of tan - is IIA." Mr. Doran added, "We'll fix that - should it be approved and executed, we will..." Deputy Mayor Blake noted, "...If it is going to be attached as part of the Agreement then I want to make sure that the Commissioners visually attach which scheme it is, that you are looking at." Referencing the plans, Mr. Doran said, "One thing I want to note - these are temporary measures, for example, that one is only there to meet Fire until we get this from the Trail. Weare not looking to do cul-de-sacs, those are temporary Fire measures. They are not correct. " Deputy Mayor Blake asked, "Is everybody on the Commission comfortable with Phase IIA Concept Plan and Phase IIB Concept Plan and how they fit together?" There were no objections from the Commission. Discussion ensued on building heights. For clarification, Mr. Doran said, "When this happened to us, we are far enough along with our four (4) story plan that [Phase] IIA is to remain, in my mind, four (4) story." Mr. Doran added, "You can't build a six (6) story building at fifty-five feet (55')." Referring to paragraph 3.2, Attorney Garganese said, "They want to add some language that says that 'Any substantial change' and the new words would be 'Substantial change' in the mix of uses, if approved by the City Commission and in accordance with City Comprehensive Plan and Codes'," Deputy Mayor Blake suggested, "What is the trigger? And you have already said you don't really know what that level is, but let's assume for a moment that the trigger has occurred and now they come before this Commission or some future Commission, with a substantial change in the mix of uses. By what standard must the Commission make that determination?" With discussion, Deputy Mayor Blake added, "Does that look at those mixes as the Town Center proper itself? Attorney Garganese said, "Yes." Deputy Mayor Blake then noted, "I don't want to adopt an Agreement with a Developer, that at some point in time in the future, ends up tying the Commission's hands from what really the right decision might be for them to make." Furthermore, Deputy Mayor Blake continued, "And if they are bound to make a decision based on the language that you just have suggested, the mixed uses required within the Comp Plan, they might come here with a mix that quite frankly is allowed in the Comp Plan and maybe the Commission doesn't have a legal basis to deny the request." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 6 OF 14 Attorney Garganese stated, "The Agreement says that it has to be in accordance with the City's Comprehensive Plan and Code." Deputy Mayor Blake added, "Then what we need to do is add in that section - right after the words 'Comprehensive Plan', 'As amended'." Attorney Garganese noted, "In accordance with the City Comprehensive Plan and Code, as amended, from time to time?" Deputy Mayor Blake said, "Sure." Mr. Doran explained, "If I don't secure this anchor, for example, and that parking configuration, which would be hard to convince them to do, I've got to come back to you - this was a tool for us both to move forward in good faith and, like he says, my understanding as the City Manager has said, that I have to come back to you for changes. I mean this has to meet Code. You have a million ways to review this and make sure this is appropriate before I change anything. I went with a mix, which I thought was desirable at this time, but like I've always told this Commission, because I've always done everything I have said I'd do; if the market is not driven that way, I'll be back before you, and then I am telling you all right now, if this isn't working I'm going to see you again and say - I've got another plan." Further discussion ensued. In paragraph 3.3, Attorney Garganese said, "They want to change - from 'all permit applications' to 'file the initial permit applications for the construction of this Phase I, no later than one hundred and twenty (120) days following the date that the parties approve and execute an implementation Agreement', which we will discuss in paragraph 4. of the Agreement." Mr. Doran then elaborated, "We can certainly have the parking garage plans completed, turned in well in advance of that and be underway with construction, but the plans for these, they take about eleven (11) months. We've got nine (9) months left. So, there's a chance that you and I could agree too quickly and I could be caught in a bind. That's basically the reason for it. A hundred and twenty (120) days." Manager McLemore said, "What I'm trying to protect is the idea that Phase I is going to be all developed in one single development." Manager McLemore added, "The fact that we may advance the parking structures is not an issue to me. What would be an issue to me was that if we started putting this into two (2), three (3), or four (4) development phases then - that would be a problem." Mr. Doran said, "The natural order you would draw and construct these, you start with the parking garage because they are interior. You have to build those first." Mr. Doran added, "I was just worried about a time crunch on all the plans. I mean if we sign this tomorrow, I could theoretically have a one (1) or two (2) month time crunch. Even though my overall schedule, I think I could have Main Street finished in two (2) years - it's not all - things have to be going at the same time, it's not linear. You don't finish one thing and do - another." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 7 OF 14 Manager McLemore said, "My issue is that Phase A is all committed to Phase IIA and developed as one (1) project." Mr. Tullos said, "That is our intent. Absolutely." Deputy Mayor Blake said, "What you are saying Ron [McLemore], is that you don't want Phase IIA to be constructed building by building as Phase I is, where you design one (1) building, get approval on one (1) building, pull a permit on one (1) building; you grade it, you construct it, you build it. Building is complete, then, you go to the next building." Mr. Tullos stated, "That is not our intent." Mr. Doran added, "It's not our intent. But, what if we are sitting here fighting with the DOT [Department of Transportation]." Then Mr. Doran stated, "I was basically trying to cover myself, maybe I was being a little conservative. If you want to take it out, I can take it out. I really thought, maybe I was two (2) months uncomfortable in the time period and I thought that was an easy way to solve it." Manager McLemore said, "I have no problem with an advanced construction period for pieces of the project as long as it is fully understood that the project is moving forward all together as one development project and not to be built in phases." Mr. Tullos said, "I think we're on the same page." Mr. Doran added, "In regard to [Phase] IlA." Manager McLemore said, "[Phase] IlA - but the Agreement has to say that." Attorney Garganese referenced paragraph 3.3 and said, "There is a recommended change by JDC [Calhoun, Inc.], they want to strike the language 'begins approving and issuing the permits' and change it to 'issues a building permit a hundred and twenty (120) days from the date that the City issues a building permit for all or part of the construction of Phase 1'." Deputy Mayor Blake said, "I would agree with that change." Attorney Garganese said, "I can't really quantify what 'Substantial' is, but the intent of it is that they agree to commence as Commissioner Gilmore said, 'A whole lot of construction on Phase I within a hundred and twenty (120) days from the date the City issues a building permi t. " Manager McLemore said, "A whole lot is not enough." Deputy Mayor Blake asked, "Is there one (1) building permit for all of [Phase] IIA or is there a building permit for each structure or infrastructure part of [Phase] IlA?" Manager McLemore said, "There could be separate building permits for different buildings." Deputy Mayor Blake commented, "Exactly my point and that's where you could conceivably have an eight (8) month timeframe. Would it be appropriate to simply add the language into this section that it is the intent of both parties that Phase IIA will be designed, constructed, and built - whatever to clarify the intent of what it is that we are trying to say, and is that agreeable?" Tape 2/Side A Mr. Doran responded, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -OCTOBER 17,2005 PAGE 8 OF 14 Discussion. Next, Mr. Doran said, "The reason I am here is to get six (6) stories to fit the same stuff on here for my investor to buy this land. I don't need a Development Agreement to develop four (4) story gorgeous stuff on Main Street." Manager McLemore said, "The project will be developed as one (1) project and not 'Phased', it will not be 'Phased'. You don't have the option to Phase the construction." Attorney Garganese suggested, "Why don't we just say that Ron [McLemore]?" Mr. Doran said, "Of [Phase] IIA - and I am willing to say that." Attorney Garganese said, "I would just put a second sentence, 'The first phase of the project which is Phase I, IIA shall be developed as one (1) single development project.' We could put in '(no phasing)' if you want, in parentheses." Manager McLemore stated, "I'm okay if we say- 'shall not be phased and will be developed as one (1) development project." Mr. Doran noted, "That's fine with me." Furthermore, Attorney Garganese explained, "I will just change - second sentence, 'The first phase of the project, Phase IIA shall not be phased, and shall be developed as one, a single development project as depicted on Exhibit 'C'." Mr. Doran said, "I'm fine with that." Deputy Mayor Blake asked the Commission if they were also in agreement. No objections were noted. With further discussion, Mr. Doran said, "Our intent is not to drag it out. Our intent is to get going and the first thing to do is to get those garages built." Manager McLemore stated, "I understand that, but intent is great, but we need to have..." Mr. Doran said, ".. . And they are going to be built simultaneously, therefore you are already operating on the entire site." Furthermore, Attorney Garganese explained, "I will just change - second sentence, 'The first phase of the project, Phase IIA shall not be phased, and shall be developed as one, a single development project as depicted on Exhibit 'C'." Mr. Doran said, "I'm fine with that." Deputy Mayor Blake asked the Commission if they were also in agreement. No one voiced any objections. Commissioner Gilmore asked Manager McLemore, "Are you going to be able to turn permits around in adequate time for them to work?" Manager McLemore responded, "We're making a commitment to that in the Development Agreement." Deputy Mayor Blake said, "So, everybody agrees on 3.3?" There were no objections. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 9 OF 14 Referring to paragraph 3.4, Attorney Garganese said, "Recognizes that JDC intends; they want to change 'agrees' to 'intends' to commence substantial construction of the second phase of the Project no later than sixty (60) days following the City's issuance of the final Certificate of Occupancy for Phase lIA. And there are some language changes. They want to strike 'as depicted on Exhibit 'D" as well." Discussion. Deputy Mayor Blake said, "So, all we need to do is amend [paragraph] 3.4 to read, , JDC intends to commence substantial', leave all the other words the same, and add a sentence at the end that - 'This will be further defined in the implementation agreement as outlined in section 4.''' Mr. Doran said, "That's fine; and I will overrule my Attorney's comments as far as getting rid of the Concept Plan and go with the City Attorney's comment." Mr. Doran stated, "'Intends' - I want to go with it - and I do intend." Manager McLemore stated, "Why don't you put in there, 'According to the Exhibit as may be amended from time to time'." Commissioner Sally McGinnis said, "That's good." Mr. Doran said, "That's fine." Manager McLemore added, "It requires the consent of the Commission to amend it." Furthermore, Deputy Mayor Blake said, "I want to go back to - section 3.3. I don't know if the Commission actually agreed with the change - at the very bottom of 3.3, Anthony [Garganese]." Attorney Garganese said, "The change that they would like to make is 'Within one hundred and twenty (120) days from the date that the City issues a Building Permit'." Commissioner McGinnis said, "That sounds good." Commissioner Joanne M. Krebs said, "Yes." Attorney Garganese said, "Going back to 3.4 - 'JDC intends', are you alright with that language?" Deputy Mayor Blake stated, "Yes." There were no objections. Attorney Garganese restated the paragraph as, "JDC intends to commence substantial construction of the Second Phase of the Project as depicted on Exhibit 'D' - as may be amended, from time to time - as mutually agreed to, pursuant to paragraph 4. of this Agreement?" Deputy Mayor Blake asked, "Mr. Doran, do you intend to begin construction on Phase lIB immediately after completion of [Phase] lIA, if all of those other implementing factors are in place and taken care of?" Mr. Doran said, "Yes, I do." Deputy Mayor Blake then commented, "I would prefer to leave the sixty (60) day language in there, strike 'agrees', put in 'intends'; you add the language on the plan that it 'may be amended from time to time'." Deputy Mayor Blake added, "It is on the record that the Developer is intending to go forward and develop [Phase] lIB immediately." Mr. Doran said, "And any time our intentions change, it's subject to your approval." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 10 OF 14 Attorney Garganese asked, "Are we striking the - sixty (60) days, or keeping it?" Manager McLemore remarked, "We are saying that it's his intent to do that - but it would be further defined pursuant to..." Attorney Garganese then clarified, "We add a sentence to say - 'It will be firmed up in paragraph 4.'." Manager McLemore stated, "Right. " With further discussion on roadways, Deputy Mayor Blake noted, "The Roads shall be located in accordance with the Concept Plan." Manager McLemore added, "That is one of the things that will be amended from time to time - the road layout." Mr. Doran stated, "Can we add the amended language?" Manager McLemore said, "Yes." Deputy Mayor Blake remarked, "That is fine with me." Commissioner McGinnis said, "Good." Commissioner Krebs stated, "Yes." Discussion. Referencing paragraph 3.9, Mr. Doran said, "But we don't need more than four and a half (4%) [floors]." Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "The current plan shows you need five (5), I believe in the south garage and four and a half(4%) in the north garage." Discussion. With further discussion on the height of the garage, Commissioner Gilmore said, "Four (4) stories for [Phase] IIA." Deputy Mayor Blake added, [Phase] IIA on the liner - buildings." Mr. Doran stated, "Yes." Commissioner Gilmore stated, "You want to put that in there, Anthony [Garganese]." Mr. Doran said, "Here is a very basic example of what we are entertaining with nine foot (9') ceiling heights in the residential units this is what you end up with - a six (6) story from street level to the top of the parapet wall, sixty eight feet (68')." Commissioner Miller said, "I don't have any problem with the six (6) floors. I don't have any problem with putting up a maximum measurement on it either that would work out to the sixth floor - I think to the parapet would probably be the most suitable benchmark to use for six (6) floors." Deputy Mayor Blake said, "The Commission agrees - the measurement will be to the bottom of the eave..." Commissioner McGinnis said, "...Yes." Deputy Mayor Blake added, "And what they haven't yet agreed on is what that number will be." Commissioner Gilmore asked, "What kind of air conditioning are you having in this building?" Discussion. Mr. Doran said, "Obviously, it would have to pass an architectural review." Furthermore, Mr. Doran added, "What we want is a criteria that will allow both a pitch roof and flat roof buildings." Mr. Doran said, "I am not anticipating any cooling towers." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE II OF 14 Tape 2/Side B Mr. Doran said, "Each unit will have its own heat pump, air handler." Mr. Doran added, "I think it is a typical - split-unit with the Heat Pump." Additionally, Mr. Doran explained, "We will be submitting full set of plans, Elevations from every angle, and have to pass a full architectural review and be subject to the entire Town Center Codes." Discussion. Commissioner Miller suggested, "Maybe we will just say, 'It won't exceed the height of the parapet." Manager McLemore summarized the discussion on the height of the building by saying, "I think we've agreed that - the eave would be - a maximum sixty eight [feet] (68') - the bottom of the eave..." Mr. Doran said, "...If you are asking my opinion - I would like seventy five feet (75') to the eave or base of the parapet to the bottom of the eave, and I am willing to live with ten feet (10') max above that. So, it will be seventy five [feet] (75') and eighty five [feet] (85')." Discussion. Deputy Mayor Blake asked, "Are there any Members on the Commission that would be opposed to allowing a six (6) story building in - Phase IIB?" Commissioner McGinnis said, "No." Commissioner Miller said, "I don't have any objection." Deputy Mayor Blake said, "Then I would recommend that we leave section (B) Height. to simply describe six (6) stories and to handle these, how tall these six (6) stories issues to the actual Development Review Committee." Manager McLemore stated, "In that statement you mean that the Commission sitting as the Development Review Commission?" Deputy Mayor Blake answered, "Exactly." Commissioner Gilmore said, "I think you need a maximum height personally." Deputy Mayor Blake said, "Who wants to leave it at six (6) stories and allow each building to come before the Commission as the DRC [Development Review Committee] to make an ultimate determination as to what the height of the building should or should not be?" Commissioner Krebs said, "Yes." Commissioner McGinnis said, "Yes." Commissioner Gilmore said, "No." Commissioner Miller said, "I think we ought to put a maximum height on it too." Deputy Mayor Blake said, "And I would vote to leave it the same; so by a vote of three to two (3-2) it will stay at six (6) and any buildings would have to come before the DRC [Development Review Committee]." Discussion. Attorney Garganese noted that "The property is currently under a Development Agreement. The Schrimsher Development Agreement which is still a binding obligation on the property." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 12 OF 14 Deputy Mayor Blake stated, "Did we ever receive Deeds for those (2) park areas? Weren't we supposed to?" Deputy Mayor Blake added, "I think an investigation of what the Agreement was - that this pocket park and this one, which and this one got moved as I recall, we were actually supposed to receive Deeds to those - there's five (5) of them right?" Discussion. Deputy Mayor Blake added, "The key to the pocket parks was to make sure that those types of spaces existed throughout the Town Center Development - the green oases - if you will, throughout the higher intensity development, and I think it is important to make sure that those spaces continue to exist in some shape or fashion, and in a way where they are harmonious with the plan overal1." Attorney Garganese remarked, "The Development Agreement says that the small neighborhood squares 4 and 5, they may be relocated a maximum distance of two hundred and fifty feet (250') to the east or west, and to the south, as part of any relocation." Mr. Doran said, "Is there a way we can revisit that under 4. as well?" Manager McLemore added, "You can put another paragraph in here that says location of the pocket parks is subject to negotiations under section 4." Mr. Doran said, "If they can be relocated, I'd like to have the flexibility - I don't know about the two hundred and fifty feet (250'), if that works?" Mr. Doran commented, "That's fine with me. Frankly, I overlooked it." Furthermore, Mr. Doran added, "I am comfortable with them being the same size relocated in section 4. - 'Implementation [Ae:reement.]'- somewhere mutually agreed upon by IDC and the City [of Winter Springs]." Deputy Mayor Blake said, "Does the Commission agree with that?" Commissioner McGinnis stated, "Yes." There were no objections. Deputy Mayor Blake asked, "Anthony [Garganese], can you construct some language in section 4. - 'Implementation [Ae:reement.]' - where it lists a laundry list of things that would be discussed - the potential relocation of the two (2) pocket parks (.42 and .44 acres) to a location that suits both the development and the intent of pocket parks, in the developed areas?" Attorney Garganese stated, "Okay." Mr. Doran said, "But, I would like it stated in the record that all of the rights of the Schrimsher Development remain the same." Deputy Mayor Blake reiterated, "All other rights..." Mr. Doran said, ".. . Yes." Deputy Mayor Blake said, ".. .And responsibilities." Mr. Doran stated, "Yes - absolutely." Deputy Mayor Blake said, "Does the Commission agree with that?" Commissioner McGinnis said, "Yes, okay." There were no objections noted. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 13 OF 14 Deputy Mayor Blake said, "So, you will add into this, a statement that along with the pocket park language the relinquishing of the rights of the East Market Square and the acceptance of all other rights and responsibilities on the behalf of both parties of the original Schrimsher Agreement." Attorney Garganese said, "Something to that effect - just that the parties acknowledge that the Schrimsher Agreement remains in full force and effect, except East Market Square will be deleted and Mr. Doran will have the ability to negotiate the relocation of parks number 4 and 5 during the 'Implementation A2reement.' negotiation phase." Regarding multi-family units, Commissioner Krebs asked, "Are you considering those to be ownership or rentals?" Mr. Doran said, "We are intending for them to be Condos." Commissioner Krebs suggested, "I just think that a better fit would be ownership." Deputy Mayor Blake agreed and noted, "Absolutely." Commissioner Krebs stated, "I would not like to see apartments." Mr. Doran added, "I am telling this Commission, it is my intention to do 'Ownership'." Discussion on the Town Center tenants ensued. Tape 3/Side A Mr. Doran spoke further on the criteria for potential Town Center tenants, to which Commissioner McGinnis said, "Just keep us updated." MOTION TO "ACCEPT IT WITH THE MODIFICATIONS AS PROPOSED THAT WILL BE MADE BY ANTHONY [GARGANESE]." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. DEPUTY MAYOR BLAKE REITERATED, "MOTION AND A SECOND TO APPROVE THE DEVELOPER'S AGREEMENT INCORPORATING ALL THE MODIFICATIONS THAT WE HAVE DIRECTED THE ATTORNEY TO PROVIDE." DEPUTY MAYOR BLAKE ADDED, "THERE IS NO REASON TO BRING IT BACK. STAFF CAN JUST MAKE THE CHANGES AS WERE DISCUSSED." ATTORNEY GARGANESE SAID, "I WILL PUT IT ALL IN THERE." MANAGER McLEMORE REMARKED, "WE WILL COPY YOU ON IT." DEPUTY MAYOR BLAKE ADDED, "WE WOULD APPRECIATE THAT." VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 17,2005 PAGE 14 OF 14 ADJOURNMENT Deputy Mayor Blake adjourned the Special Meeting at 9:43 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC AND APPROVED: ') IJwrI NOTE: These Minutes were approved at the November 14,2005 Regular City Commission Meeting.