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HomeMy WebLinkAbout_2009 05 18 City Commission Special MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 18, 2009 CALL TO ORDER The Special Meeting of Monday, May 18, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:30 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, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, arrived at 5:31 p.m. Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, arrived at 5:34 p.m. City Attorney Anthony A. Garganese, arrived at 5:31 p.m. The Pledge of Allegiance followed a moment of silence. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And City Commission Recognizing Winter Springs High School In Honor Of Their First Place Winning Character Key Entry In The Leadership Seminole Character Key Video Contest 2009. Mayor Bush read a Proclamation in honor of Winter Springs High School students, Floyd Bennett, Elle Fernandez, Christine Fikry, Rachael Gregory, James Hedrick, Brian McDonnell, Tyler Marino, Ryan Roozrokh as Student Producers, who with their Faculty Sponsor Ms. Dawn Wilkerson together won with their Video entry in the Character Key Video Contest 2009. Commissioner Rick Brown arrived at 5:31 p.m. City Attorney Anthony A. Garganese arrived at 5:31 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 2 OF 27 Their winning video about "Generosity" was shown to those in attendance. City Manager Kevin L. Smith arrived at 5:34 p.m. PUBLIC INPUT Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association spoke of concerns with the proposed Town Parke Apartments project. REGULAR AGENDA REGULAR 600. Community Development Department Requests The Commission Reconsider The Approval Of The Conceptual Plan For Town Parke Apartments, A 201 Unit Apartment Complex On 10.32 Acres Within The Town Center. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item for discussion and stated, "Community Development staff is still of the opinion that the project meets the Town Center Code in terms of its physical design and in terms of what's being proposed for the buildings - should the project move forward, still have to go through Final Engineering; they'll still have to go through Aesthetic Review; those would come at a future date. Where we're at now, tonight is a reconsideration of - the approval of the Concept Plan that was brought forward to you on April 27' (2009)." Discussion. Deputy Mayor Joanne M. Krebs said, "I think there are a few components in this particular project or any project that - I am concerned about." Deputy Mayor Krebs continued on about affordable housing and noted, "In our EAR (Evaluation and Appraisal Report), I believe we do make the statement about affordable housing." Deputy Mayor Krebs added, "When you have - one project that is strictly affordable housing' or specifically for affordable housing' when in fact I like the idea of `Mixed-Use' where you had a certain percentage that was market rate, and a certain percentage that might be affordable as well, and maybe there is another component for ownership within this same development; because I think that would probably be a better balance; so, I am wondering - how this project fits with that - I don't think we got that information." Discussion followed on area housing and government programs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 3 OF 27 Commissioner Brown suggested, "We may have the opportunity to look at this development as meeting some of those criteria by setting aside a number of those for those types of individuals who need that type of housing; that would be school teachers, firemen, policemen, government workers and so forth. And then the other two things when the Applicant gets up and does speak, there were some questions at the last Meeting that just simply didn't get answered - when we spoke about the eviction process or removal process" and noted, "They had a seven (7) day process, seven (7) day notice and seven (7) day removal which is in contrast with the Florida State Law, so I would like to know how that information came out and how we reconcile what was said with what the reality is; and the other one, when we talked about the screening - the in-depth screening of the candidates that would be living there, the answer we got was that it goes through a very sophisticated software program." Commissioner Brown added, "I really would like to know what the screening process is and not the computer type that the application runs on. And then I would also like to address some of the crime statistics." Furthermore, Commissioner Brown commented on a suggested spike in crime and noted, "If we are seeing the spike, it really doesn't matter whether it is the individuals living there or the individuals that are being attracted there. There is something going on that is causing that kind of spike, so I would like to have that addressed as well." Information related to principal employers was then distributed. Commissioner Sally McGinnis remarked, "If you would just address the issue of some market value units." Mr. Stevenson spoke on the units and stated, "There are approximately 201 units. I believe forty-seven (47) of those are units are age restricted to fifty-five (55) plus and I've since found out that there are some market rate units." Commissioner Gary Bonner asked about this project and its location to the Tuscawilla PUD (Planned Unit Development) be addressed. Mr. Stevenson explained, "The property is in fact located within the Town Center - District if you will, which in reality allows a density of up to thirty-six (36) dwelling units per acre. This property comes in at about twenty (20) units per acre. It is on the south side of (State Road) 434; it is consistent, in Staff's determination with the tenants of the Town Center Code, in terms of its density; in terms of its design." Additionally, Commissioner Bonner asked Mr. Stevenson, "To Staff's interpretation of the Code as it exists today, it is a'Conforming Use'..." Mr. Stevenson stated, "...That's correct..." Commissioner Bonner added, "...That is proposed." Mr. Stevenson stated, "...That's correct. It's density, but it's density on a State Road with 38,000 trips a day and it is part of the Town Center Code. Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 4 OF 27 Chief of Police Kevin Brunelle addressed the City Commission on statistics related to this possible project; and explained that Part 1 Offenses include "Criminal homicide; forcible rape; robbery; aggravated assault; burglary; larceny; theft; vehicle burglaries - motor vehicle theft; and arson." Chief Brunelle spoke about different apartment complexes in the area and offenses at these properties. Chief Brunelle mentioned he had copies of the related statistics for the City Commission. Discussion. Chief Brunelle noted, "When we do a comparison of actually how many calls for service, I haven't been able to dissect it, but I will tell you and I can comfortably say that the apartments outside of Winter Springs are showing a higher volume of calls for service based on what we normally do there." Further discussion. Deputy Mayor Krebs asked Chief Brunelle, "If you took any other community into account and did a count on them; so, for instance, where I live in Oak Forest, we have 938 homes. What are the Part 1 Offenses during that period of time?" Chief Brunelle responded, "That was part of my process was to show the Part 1 Offenses, how they break down across the City, but that's labor intensive and I have not had the opportunity - we're still working on it." Chief Brunelle added that in communities such as the Highlands, Oak Forest, and Tuscawilla, "Those are single-family homes. They're not so close together. You're not going to have the issues associated with single-family homes that you would have with a high dense area like apartments." With further comments on management practices, Chief Brunelle stated, "To evict someone in the State of Florida, you are taking ninety (90), 120 days, somewhat longer and I even asked the question of the management out in the hallway there; what happens typically when you go through an eviction process and the apartments are damaged and they don't care about the rules and regulations and it takes much longer than seven (7) days." Mayor Bush added, "So, at the Meeting at which I missed, they led the Commission to believe it could be done in fourteen (14) days or less." Deputy Mayor Krebs said to Attorney Garganese, "Let's just suppose we have some kind of crime statistics like that and they are happening and we find that the Management Company is not enforcing - what we were told they were, in other words - there was zero tolerance; is there something that we can do as a City?" Deputy Mayor Krebs added, "How do we protect ourselves as a City?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 5 OF 27 Attorney Garganese said, "In some cases, with new projects, cities have entered into Development Agreements to make sure that assurances that Developers provide to the City are met and you have a contractual obligation. Cities that I'm aware of have exercised regulatory control with respect to registering, having tenants or apartment complexes register with the City, making sure that they have management companies that are responsive to the problems that develop within the community. As you know, we previously discussed the International Property Maintenance Code which the City of Winter Springs has adopted, which is designed to make sure that rental units and any unit meets minimum health standards; and if not, there's a tool there for Winter Springs to use to insure - that these projects are run properly and people have decent affordable housing to live in. So, it is a regulatory arm, after the fact, which some communities have adopted as well as Development Agreements have been used as a tool. Those are just some examples." Commissioner Brown asked if there were any statistics on the apartments in the Town Center. Chief Brunelle noted, "I can search that." Further comments. Tape 1/Side B Brief discussion followed on a potential apartment complex near City Hall on Doran Drive. Mr. Scott Culp, Executive Vice President, Atlantic Housing Partners, LLLP, 329 North Park Avenue, Suite 300, Winter Park, Florida: introduced himself and spoke for the Record saying, "I do appreciate the opportunity to come back before you and address some of the concerns that were raised at the last Meeting, where you gave the Conceptual Approval on this. And, I've since spoken with the Chief a little bit this afternoon as he was starting to look at some of his statistics, and talk to him about our desire to be involved with him in some proactive crime prevention programs, that we would incorporate into the development program for this particular community. As I mentioned to the Chief, we're owners in the type of communities that we develop. We can't sell. We've maintained we've never sold one of our communities, and so our interest is aligned with your interest. We want a quality community where people want to live there, and having a crime situation in your community is not desirable. Tenants don't want to come back, don't want to stay in multi-family rental communities where there's a crime problem. So, I think our interest is aligned with yours in that respect and we do want to work with you on whatever criteria we can develop to help make sure that we do the best job we can at crime prevention. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 6 OF 27 With regard to the question about the affordable housing - the availability of affordable housing, that's a question that's ongoing across the state right now. It's a question that's been brought up at the Legislature, even with regard to the program you were referring to, the CWHIP (Community Workforce Housing Innovative Pilot) Program, `Community Workforce Housing Innovative Pilot' Program. That program no longer has any funding. Because of that particular issue, that particular type of housing which was focused all the way up to 140% of the median income, they've determined there's not a need for - they're not renewing the funding for that. They've also determined that with the existing inventory that we have of `For Sale' housing, that the needs and the affordability for `For Sale' housing are drastically less than they were in the past, so the `For Sale' product and the funding even from the State and Legislature for `For Sale' housing has been drastically cut. You're probably aware, you're not a SHIP (State Housing Initiative Program) entitlement community, but the County is a SHIP (State Housing Initiative Program) entitlement community; and all of the SHIP (State Housing Initiative Program) funding was cut this year. There is no SHIP (State Housing Initiative Program) funding available. The only reason that we have rental funding available is because they recognized in the Federal Stimulus Package that the Federal Government has recognized the need with the change in the economy; and with the change in the financial markets, the severe need for rental stimulus, and so all of the State Legislature doesn't have rental money, there's actually more money than has ever been available as far as stimulus for rental housing because of the need. Right now, with all of the job losses and the foreclosures and the lack of opportunity for mortgages, the need for affordable rental housing has gotten even greater, and what happens is, when people begin to get cost burdened, meaning they're spending more than thirty percent (30%) of their income on their housing; then they're no longer able to do things like repair their credit, like say for a down-payment on a home, like - be a normal contributor to the economy in their purchases. So, it's important that the housing is developed on the rental as part of the continuum, where people can start to save; they can afford, and they can afford to move towards that home ownership program. And that's why the rental is the program that's being pushed at the Federal and the State level at this point; because of that affordability concern and seeing that on the `For Sale' product, there is not as big a concern as there was. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 7 OF 27 You had a question about mixed income, and this community as we've got it designed today, there's a Phase that is ninety-four (94) units, that we're planning to be family and that particular Phase would be affordable for the workforce. There's a forty-seven (47) unit Phase that would be restricted to Seniors, heads of household, fifty-five (55) and older. That would be affordable. Then there's two (2) other Phases, and it's really one (1) Phase, but because of the configuration the property has a split to it, so you call it two (2) Phases to be built at one (1) time; which is an additional sixty (60) units that are totally unrestricted, that are market rate. So, yes, it is a mixed income community and we do anticipate that we'll have all the income levels within the community. With regard to the set-asides for essential services, and yes, CWHIP (Community Workforce Housing Innovative Pilot) [Program], was primarily focused - trying to focus on the essential services workers. That was the reason that legislation came out because at that time, if you remember we had these spikes in our housing pricing. We went up as much as forty (40), fifty percent (50%) across the State in housing pricing and they saw essential services workers in particular being priced out; and that's why they wanted to do something for those people, although they might not be able to - they may not be under a hundred percent in the median, up to 140, they still had no way to afford what was being priced at that time. The communities that we're designing, we think would fit well with essential services workers. We think - a lot of those people actually do qualify to live here and would want to live here, and we would encourage that, and if the City of Winter Springs desired to have some kind of advance marketing to the essential services workers that work for either the City or the County or the State - in this particular community, we'd be happy to do that, and we've developed programs like that in the past, where you do advance marketing to the essential services workers. I'm trying to make sure I hit all of your questions. I think we've worked real hard working with the Planning Department in trying to design something that was consistent with your Code, met with all of the requirements of the Winter Springs Town Center Codes and Guidelines, and we've got a long way to go. There's a long process here obviously to work through to get to the final design. We showed you last time, although, not necessarily part of the concept approval, because that concept approval - has some certain standards we have to meet, which we've met; but we did show you the renderings, the artist actually did, taking these actual buildings and developing the rendering from the street front, from the Trail, going down the center, so you could see this is going to be - congruent with what you've tried to develop here in the Town Center. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 8 OF 27 So, we think we're consistent with what your Codes are, and we think we're consistent with what your vision is for the Town Center. And, we're hoping that - we can continue to move forward in this process and work with the Planning Department, and work with the Police Department and address all these issues. It's a long process and we've got a long way to go before Permits, but we're going to be here - for the life of the community, and want to work with the City." Deputy Mayor Krebs said, "Back in 2003 you were here with a different project, and I am kind of finding it - I am a little confused, that at that time you said that the going rate, the market rate couldn't be integrated with your affordable housing and now you are saying you can do it?" Mr. Culp responded, "We can do it, phase developments. What we're doing here, in the State's application for Federal 9% Housing Credits, you need to be at least ninety percent (90%) affordable in that application phase in order to be competitive for the Federal Housing Credits. That ninety-four (94) unit phase will need to be at least ninety percent (90%) of the units rented to affordable workforce housing. That forty-seven (47) unit restricted elderly phase will have to be; those other phases don't have to be at all. There's no requirement to that in the current application. As you probably know, the rules are developed. There is a rule development process at Florida Housing Finance Corporation and that rule development process is ongoing each year. Each year, they write the rules that you apply for and each year they have the opportunity to direct where they want their funds to go and they write the rules based upon what - the way they want it to be done that year." Deputy Mayor Krebs asked Mr. Culp, "You didn't follow through with that project then why? Mr. Culp stated, "We weren't selected at that time. As you're aware..." Deputy Mayor Krebs said, "...Okay..." Mr. Culp continued, "...All of the projects that your - applications are more than ten-to-one (10-1) and if all of the perfect scoring applications go to tiebreakers and all of the perfect scoring tiebreakers go to lottery number, we didn't get a good enough lottery number." Continuing, Deputy Mayor Krebs remarked, "And I heard you say something about, matter of fact, Commissioner Brown brought up - Teachers, Public Safety with - Fire, Police, whatever and you are saying - and I don't know Anthony (Garganese) - can we as a City, say that we want, so many reserved, this amount reserved for these - like Teachers...?" Mayor Bush added, "...Essential workers..." Deputy Mayor Krebs added, "...Essential workers?" Attorney Garganese noted, "It appears to be a program that was established by the State at one point. I know other communities have put in place affordable housing projects, that were earmarked towards essential service personnel..." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 9 OF 27 Mr. Culp added, "...If I could, let me answer that - the way they accomplish that is the advance marketing..." Deputy Mayor Krebs remarked, "...But what if they don't have enough, okay and I can understand that, but if you don't have enough, the amount of people that you thought were going to react to that marketing?" Mr. Culp explained, "Yes, we can't hold those out and reserve them so that nobody else could come in, no other family could come in. We can do advance marketing and advance leasing to that group and allow them first priority but if nobody shows up, we can't then hold those out and not allow other residents to come in and apply for that." Deputy Mayor Krebs then commented, "So, you are saying you can't have - specific apartments put aside for - essential personnel?" Mr. Culp stated, "No. Again, we can advance market to them. We can have them move up on the waiting list for next come available. We can do things so they get the preference; but we can't reserve them for those. If there is an available unit and there is not an available workforce housing individual, we have to be able to rent to the next individual that comes in." Attorney Garganese asked, "But, do essential personnel get first preference?" Mr. Culp said, "Yes, we can give them first preference, yes." Attorney Garganese added, "So, a unit becomes open... Mr. Culp noted, "...We can mark you advanced..." Attorney Garganese continued, "...You advance market it? What, do you send out information?" Mr. Culp explained, "What we've done in other communities, the local governments and - whether it would be hospital, because that's also essential services workers - they work with us on getting information from us, on what units are available and what units are becoming available; so, that they have somebody that they see would fit within that income criteria, then they can send those to us, and we can bring them up to the top of the list." Commissioner Brown asked Mr. Culp, "Can you talk a little bit about your screening process?" Mr. Culp stated, "Sure. The screening process is typically described - as a four (4) part process. The first of course being an income guideline. We have to verify that these residents can actually afford to pay the rent. These residents are - it's not public housing so, these people - actually have to be able to pay their rent; so, they have to have a minimum income - just like qualifying for a mortgage. They can't have over a maximum income for those restricted units, so they have to - be in that narrow band between the minimum and the maximum. Now, as you said, most of your employees would probably fit right between that minimum and maximum. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 10 OF 27 Then we also have to do an employment verification and all of the applications go back to the management company that we hire and the management company in their central office does employment verification; both in writing and on the phone because they don't want to take the chance of just getting a written verification that might not be a hundred percent (100%) accurate; so, they also follow up - they verify that by phone. Then they also do a credit check on every person that's all on the lease to make sure that - they haven't skipped on their leases in prior communities and that they - don't have credit problems that are going to prevent them from being able to pay their rent. And then we also do a background check and that background check - we can take it a variety of different forms. We're always working with the local Law Enforcement Agencies and the State Law Enforcement Agencies to try and get the best background checks we can and the best public records check we can. We typically hire a management company that has a large number of units - so, they have a data base of their own as well; so, they can see if people are - trying to move from one community to the other; been evicted here and trying to move over there. That helps a little bit because of the size of their database with the number of units they have." Commissioner Brown asked, "And you don't allow that..." Mr. Culp stated, "...No..." Commissioner Brown then said, "...If somebody is evicted from..." Mr. Culp continued, "No, absolutely not..." Commissioner Brown remarked, "...Loma Vista they can't come in..." Mr. Culp continued, "...No, absolutely not. Again as I said - our interests really, I believe, are aligned with yours because we're the Owners. We have an economic incentive to make sure that long-term this is going to be a desirable community. If it's not a desirable community - our rents start to go down and our residents start to leave, not renew and we have trouble getting new residents in." Commissioner Brown then inquired, "What kinds of things would disqualify somebody from being able to rent in your community, as far as the background check?" Mr. Culp responded, "I don't have the detailed answer of that on what level of criminal activity, and I'd have to get you that information. We have parameters and I know that there's certain parameters on - if somebody had a call in an instance, as opposed to if they were convicted as opposed to what level of Misdemeanor or Felony as I don't have the answer. I can get that for you though." Next, Commissioner Brown said, "Okay. Is there a minimum credit score?" Mr. Culp explained, "I don't know if there is a minimum credit score because each individual credit application is reviewed in detail as an individual application. As you know, credit scores may not accurately reflect - what your credit worthiness is, so we look at each application individually. The credit score is one part of the component but that's not the only component." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 11 OF 27 Continuing, Commissioner Brown asked, "Now, you own and operate the two (2) that are close to us, Loma Vista and CastleWood?" Mr. Culp stated, "We don't own Loma Vista or Castlewood. Concord Management who we hire to manage our communities is also the Manager for Loma Vista and Castlewood. We own Oviedo Town Centre which is one of the ones the Chief had mentioned that he'd checked into; and we also had given you some others - references in the City of Orlando of other communities that we own. But yes, Concord Management who is the management company that we hire - they don't own those either but they do manage those communities as well." Furthermore, Commissioner Brown inquired of Mr. Culp, "Would you consider those communities that you would be proud of, from a management perspective; aesthetic perspective, and how they fit into the surrounding community, since they are your management company as well?" Mr. Culp said, "Well, again - we hire Concord Management. I'm not as familiar with Castlewood. I don't know a whole lot about it so I couldn't really answer that. I'm familiar with Loma Vista. I live - fairly close to Loma Vista and I think that's a pleasing community aesthetically. I think that community is representative of a type of apartment community that would be - needed in the community. I don't think that it's as high a quality as Oviedo Town Centre, obviously - is new..." Commissioner Brown added, "...But, Oviedo Town Centre is new..." Mr. Culp noted, "...Right..." Commissioner Brown then inquired, "What will it look like, I guess that is what I am getting to. What will the community look like in five (5) years? Because my son used to live at Loma Vista; I am very familiar with that community. I would probably disagree with you that it would be a pleasing community to live in because I know that he and many others have moved out because of issues in that community - what assurances do we have that five (5) years down the road what is built across the street doesn't end up being Loma Vista?" Mr. Culp responded, "I think we can work together through a Development Agreement process, and we're happy to institute anything in a Development Agreement process that are legal obviously, and that help both of us with regard to maintaining a quality community. Again, it's in our best interest to do that. So, if there's ways to do that in a Development Agreement, and all the things that you want to try and accomplish, that one, from the architectural standpoint, obviously that's going to be an important process; and what it looks like to your community and your Town Center. There's also things that we've worked with in the past and I don't remember the exact acronyms, and the Chief may, but there is having to do with crime preventative design. There's design that is conducive to crime prevention, and there's design that is - not good for that, and it is called CPTED - Crime Prevention Through - Environmental Design. Don't claim to be an expert on that but, we do hire Consultants - to work with that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 12 OF 27 The City of Orlando in some of the communities, The Fountains at Millenia, Northbridge - those communities down near the [Mall at] Millenia - they required that we work with them on CPTED [Crime Prevention Through Environmental Design], to do that crime preventing - design, and so our Consultants, our Architects, our Landscape Architects, had to work with the City's Planners and their Consultants to make sure we came up with something that they were pleased with. And we're used to - working in that environment and we're happy to do that, and I - told the Chief today when I called him, if there's other things that they know, because - they are the experts in crime prevention, we're not; but, if there are things they can help us with, with regard to what we ought to have in our lease, what we ought to have and what we require our management company to do, we're more than happy to do that. We think it's important." Commissioner Brown asked, "What are some of the older communities that you have that we may - want to look at because the ones you have shown in your first presentation a couple of weeks ago were both new and the photographs you showed us were new?" Mr. Culp said, "Oviedo Town Centre is fairly new; Fountains at Millennia is a few years older than that; Northbridge at Millennia is a few years older than that. We've only been developing these particular communities for about five (5) years. But, there's older communities, the different ones of us have been involved with but - as far as our ownership, I can get you a list of them. I can get you a list of all of them, as far as our ownership." Next, Commissioner Brown asked, "Is the Website accurate?" Mr. Culp replied, "The Website has a list of all the ones that we've had involvement - I'm a General Contractor and I have built a lot of communities that I wasn't an Owner in and didn't have an involvement from the ownership and management standpoint; so, some of the things you go to, our construction experience; my construction experience. I've built - probably over a hundred communities as a General Contractor as well; so, I'd have to give you a list of the ones that we actually own." Commissioner McGinnis stated, "Let's go back to the ninety-four (94), forty-seven (47) - and then the sixty (60) and that would be Phase 27 Mr. Culp explained, "Ninety-four (94) would be Phase 1. Forty-seven (47) would be Phase 2. and - Sixty (60) is Phase 3 and 4. It's Phase 3 and 4 only because of the way the property is situated. It will be built as a one (1) phase, at the same time..." Commissioner McGinnis noted, "...So you are going to build all of the ninety-four (94), forty-seven (47), sixty (60) all at once?" Mr. Culp stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 13 OF 27 Continuing, Mr. Culp noted on the plan, "This section of the property here, would be Phase I and that's the ninety-four (94) units. You can see a phase line drawn right here and it comes to this building. That's the forty-seven (47) unit senior restricted building. And then this building and this building and I believe it's these two (2) here make up the other sixty (60). There's Phase 3, you see it labeled on here. There should be a Phase 4. I believe they may have even combined 3 through a connecting parcel here, so it's contiguous. If there wasn't a connection there, there would be 3 and 4; but it would all be built at the same time." Deputy Mayor Krebs said to Mr. Stevenson, "This particular project fits within Code - Town Center Code? It meets Code correct?" Mr. Stevenson said, "From a physical design standpoint, it does meet Code and if I might, just to answer a question that was asked earlier. This is in the Town Center, it is approximately 700-800 feet away from properties within the Tuscawilla PUD (Planned Unit Development). At this point, it's separated by one of those Enclaves Mayor, that we always talk about. There is an Agreement that once those Enclaves do come in, and just to make sure we're clear on this - once those Enclaves come in, there will be Charette held with Tuscawilla, the THOA (Tuscawilla Homeowner's Association) and other members prior to any final designs on that; but this parcel that you're looking at meets the Town Center Code; it is currently within the Town Center." Deputy Mayor Krebs commented, "We do have a component in our EAR (Evaluation and Appraisal Report), regarding affordable or workforce housing. This is conceptual only." Mr. Stevenson noted, "It is Conceptual Approval only and I might ask again that they would touch on this. There is a reason they've asked for Conceptual Approval and it has to do with their finance package and I would like for them to - just so we get everything on the table, for them to cover with you that aspect, what they need from us and what their timeframes are." Deputy Mayor Krebs remarked, "Then, in my opinion - as a Commissioner, we can depend on a Development Agreement or any other tool available to ensure a quality community and that would probably be Anthony's (Garganese) job to help with that; craft some kind of Development Agreement and - you have heard all our concerns and things like that." Commissioner Jean Hovey said to Mr. Stevenson, "On the west side of that property, how far away is that from the Mobil station?" Mr. Stevenson responded, "It's probably about 400 feet from the southeast corner of the Mobil station." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 14 OF 27 Next, Commissioner McGinnis asked, "Have you thought of offering - and I don't even know if you can do this legally, or how you can do it - of offering an apartment to a Police Officer or Police family?" With further comments, Commissioner McGinnis stated that in the past "We were hiring new Police - and when I would meet a new one or see one I had not met, I would approach them and ask them, engage them in where they lived. And they didn't live in the City and they couldn't afford to live in the City. That just an aside - have you thought of - or would you consider just giving one to a Police family or can you offer a really reasonable rate for one (1) unit that would be designated for that purpose?" Mr. Culp stated, "What we like to do in all of our communities is have a Courtesy Officer Program, and that is a program where we have an agreement with whatever the municipality is, the City, the County, where we offer at a deeply discounted rate, we obviously want to cover the expenses for the apartment; but at a deeply discounted rate for a Police Officer or a Deputy Sheriff to be able to live there, to bring their patrol unit home, and to offer some services to aid us in crime prevention. Sometimes that's some of the education services, some of these things where they come - to the clubhouse and help educate us with Crime Watch and those types of things. But, we definitely want that, we'll be asking the City for that. And, we will definitely be providing a severely deep discount for that. The other question you have is in regard to - their income qualification. We have a mixed income community here; so, we have the ability to offer that at whatever income they're at in the City's system for those Officers. And of course - it's their choice on whether they want to live there or not, but we will definitely offer that." Mayor Bush commented that this Commission was very supportive of essential services personnel and said to Mr. Culp, "You kind of said that you really couldn't - you couldn't really set-aside units for that other than say you get first pick; but you can set aside units just for fifty-five (55) and up, but you can't do it for essential services people?" Mr. Culp stated, "Absolutely - under Federal Law that's one of the exceptions is the age restricted communities for seniors." With further comments, Commissioner Brown mentioned, "I did ask about embedding an Officer in the community and one of the things that more than one officer has told me is that that lasts for a short period of time because, if, and I am not going to say there is a case in this case, but if it does turn into a crime situation like they experienced in some other cases, that Officer often tends to withdraw from being actively involved because when he is at work he can't protect his family from retaliation. So, it works for a short period of time, but you don't have the ongoing enforcement if there is a criminal situation on an ongoing basis because of that, because they are human and have families as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 15 OF 27 Mr. Culp added, "And of course, that's the reason why it is important to be proactive on the front ends of the community - doesn't become one that is riddled with crime. We have offered in other communities, and I'd be happy to do that here, something similar to a substation; a place where you have Deputies - if you don't have one that wants to live there, a place where they can come - do reports, do things - that - computing, whatever they might have a need for a small space. Now, of course - we're in close proximity here to your Town Center and your City Hall, so that may not be a need, but we have done that before and that gives them an opportunity to be in the community, have a presence in the community; if they don't want to actually be living in the community." Commissioner McGinnis said to Mr. Culp, "Sounds like you will work to be a good neighbor and we will work with you to achieve those goals." Manager Smith said to Mr. Culp, "Is there a reason why you wouldn't or could you consider for example, rather than ninety-four (94) assisted..." Mr. Culp interjected, "...I would call it workforce housing..." Manager Smith continued, "...And the forty-seven (47) age restricted - is there a reason, or could you flip that?" Mr. Culp stated, "I could. I probably wouldn't." Manager Smith then asked Mr. Culp, "Is that a business decision as to why you wouldn't?" Mr. Culp remarked, "Yes, that's really a business decision - we have experience with age restricted and family communities and we try and size them such that we know that the market and the capture rate is going to work with your financing; so, that really is the business decision having to do with the financing." Manager Smith commented, "But short of that, it would be - both would be acceptable or eligible under the program that you're working to obtain?" Mr. Culp said, "That is correct." Additionally, Manager Smith added, "We talked a lot about the Commission's commitment to workforce housing tonight. I just want to be clear if you don't mind, the Commission's also expressed previously at our Goal Session Workshop, their commitment to the Town Center and the vision of the Town Center. There's been a lot of blood, sweat and tears put into that, there's been a lot of long debates about aesthetics, balcony sizes, and I'm not trying to be frivolous here, but there's been a lot of conversation, and I just - need you to know that if the Commission does decide to go forward with this project, that the Staff will be endeavoring to see those wishes through; and that's important." Mr. Culp remarked, "And, we recognize that and I don't know if you saw the renderings when they were here last time - we tried to design with all those things in mind and we definitely want to work with you to accomplish your vision for the Town Center." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 16 OF 27 Manager Smith noted, "I appreciate that, I hope you still feel that way several months into the process..." Mr. Culp added, "...It's a difficult process, but we get there together..." Manager Smith then stated, "...It will be something that we'll be very, very adamant on." Mr. Culp said, "Understood." Commissioner Bonner then said to Mr. Culp, "I want to understand as best I can, in order to achieve what you are trying to achieve from your funding source, could you please tell me what the definition is of affordable workforce housing? What does that mean to be compliant so that you have that 100% qualifying application?" Mr. Culp explained, "In the application of Florida Housing Finance Corporation, the application instructions and rules are new every year, and they publish those, and they're still in process, not final yet, but that process includes a financial review of financial commitments along with their commitments; because it is not just the Federal Tax Credits that are involved in the development of the community, it's the resources of the Owners and the Developers, and the first Mortgage Lender, because there will also be a first Mortgage Lender as well. All those things are part of the application. The ability to proceed, they need to see that the community that you're proposing in your application is consistent with the Zoning in the Comprehensive Plan for the site that you've chosen, which is why they ask to have this Conceptual Site Plan Approval come with your application; so, they know they have that consistent - the infrastructure availability. You need to confirm that you have adequate water, sewer, and roads available to the site. Those are confirmations that are required as part of the application. You're required to specify your resident programs - whether you're going to have - literacy programs, whether you're going to have employment, resume-type programs, whether you're going to have - whatever type of - swimming lessons, whatever program you want to offer to the residents. All those programs are required to be submitted in your application as well - that you're going to provide to the residents. You're required to - agree to the income set-asides. And the income set-asides for this community would be the ninety-four (94) families at the affordable workforce housing limit, which is adjusted annually. That annual adjustment comes from HUD (United States Department of Housing and Urban Development). It's not a HUD (United States Department of Housing and Urban Development) financed program, but HUD (United States Department of Housing and Urban Development) is the only one in the country that develops the median incomes for every metropolitan area. So, we have to use those guidelines in order to establish who can qualify and what the rent is going to be. You have to commit to sticking with the rents that HUD (United States Department of Housing and Urban Development) will allow on an annual basis. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 17 OF 27 There are proximity points in the tie breaker system that you have to provide a surveyor certification showing your proximity to a public school; your proximity to a grocery store; your proximity to a pharmacy. I think those are the three (3) primary - items in proximity. There's a number of other scoring criteria but that encompasses pretty much the world of the application. I think I included the experience of the Developer which is also a scoring item in the application." Commissioner Bonner remarked, "What I hear is and I am trying to seek a definition to affordable workforce that requires housing but what I hear is, it is really that targeted income set-asides that is the key criteria which allows you to have targeted rent ranges that go into that scoring system." Mr. Culp noted, "That is correct." Continuing, Commissioner Bonner said, "This community that you are building, proposing to build for us is to provide affordable workforce housing for employers of Winter Springs?" Mr. Culp responded by saying, "There is no set-aside requirement for it to be employers of Winter Springs. Obviously, when you provide an affordable community in a City, you want to target those employees that are in that City and like I said earlier, the advance marketing to those particular employers can be part of that Development Agreement. We obviously would prefer that they be within the City; if they don't move as much, if they're in close proximity to their jobs. Residents like to live close to where they work, so it's good for us if we have residents that work here." Additionally, Commissioner Bonner noted, "One of the things I am wrestling personally is the alignment of this workforce housing to our community of Winter Springs workforce housing need, and the marketplace - is the demand there for our City's workforce need and your product of affordable workforce housing? Are they in alignment - we've been working hard on a vision and a direction for the growth of our City in growing our workforce and as we are planning for the growth of our workforce in concert with input from our citizens for what we want the workforce environment within our City to look like say in 2020. I am trying to get my hands around personally that your product will be serving the workforce need that we have in that visioning process. Are they in alignment or are they in dis-alignment? The only tool that I have at my disposal currently to really know, even go down the road of answering that question is from our City's CAFR (Comprehensive Annual Financial [Report] Report, who our current employers are and what their workforce might look like; and from my perspective what I am inclined to want to do is to provide housing for the workforce of today and tomorrow within the City of Winter Springs. I am not really right now focusing on the larger region but really what the demand is for workforce housing in Winter Springs based on what the demand is from employers within the City of Winter Springs. And, I am concerned that there is not alignment to what that demand is - the ninety-four (94) units for example of affordable workforce housing may be a surplus of supply to the actual demand by employers within Winter Springs for workforce. Can you expand on that for me so I can understand your business plan a little better?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 18 OF 27 Mr. Culp remarked, "I think I can. I'll try. Your vision for the Town Center, your vision for Winter Springs is partly expressed by your Comprehensive Plan; partly expressed by your Zoning Regulations; partly expressed by your Land Use Regulations; partly expressed by the Regulations and Restrictions that you have within the Town Center. We have up to this point complied with all of those. We are committed to complying with all those moving forward and we see the development of this community, to be in concert with that. We believe that - rental in this particular area is needed. I believe your Comprehensive Plan even addresses the need for that and we're in concert with that and we think that we meet all the criteria that have been outlined by the City of Winter Springs for that. We recognize that - there won't be a restriction, just like there's not a restriction when you build a house that you can only sell it to someone who - works in the City of Winter Springs. Nobody has a restriction on who they can sell their house to. We have some restrictions that are allowed by the Federal guidelines and required by the Federal guidelines with regard to income limitations. We can't restrict based upon where the individual works. We can do advance marketing as I said and we can work towards accomplishing your vision and your goal and I think everything we've done up to this point is in concert with that and with everything that you've published, with regard to your vision and goal for the City of Winter Springs." Commissioner Bonner noted, "My concern is that you may bring a product to market for which there is not adequate demand and therefore you would create additional vacant housing within our City and - so, I know that is a business question for you but - you must have done your homework in order to come to this point. Could you help me understand where you intend to draw this income set-aside target market from?" Mr. Culp stated, "We think there's a lot of them here in the City already. We think there are a lot of people that are cost burdened in the City already that are qualified renter households, that are already cost burdened that would like the opportunity to have a quality affordable rental community here in the City, and we think we're going to draw from there. We think we're going to draw from employers here in the City. I can tell you that - throughout the State, our portfolio of rental households in this workforce housing program is at ninety-seven percent (97%) occupancy. The need is great and getting greater. The economy has put us in a position where - people need to have quality affordable rental housing to move through that transition period, that they're in. So, we believe that this community is sized appropriately for the market and the market demand that's here." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 19 OF 27 Commissioner Bonner asked Attorney Garganese, "In the structure of the Developer's Agreement, we have just heard there are four (4) Phases to this project. The first Phase which is for the income set-aside targets of ninety-four (94) units and then the subsequent forty-seven (47) and then the sixty (60) units. Am I correct in understanding that much like Tuscawilla Greens, our Developer's Agreement could require the completion of the balance of the project within a certain timeframe meaning Phase 2, Phase 3, and Phase 4 in order to grant approval?" Furthermore, Commissioner Bonner added, "A schedule of subsequent construction and the delivery of the other elements within the total project." Attorney Garganese explained, "Yes. The City can impose a reasonable development schedule. We've - in the past also proposed development schedules where people have not even - complied, where they didn't even commence construction which results in a termination of the Approval that was granted by the City and that's been put in a Development Agreement. The purpose being - once you approve a project is to get it constructed within a period of time if it is not - then we've had situations where the project has technically been abandoned." Commissioner Bonner added, "I don't want to see another Jesup's Reserve where we have more supply than there is demand and we end up with an incomplete project on [State Road] 434 at the heart of our Town Center development." Tape 2/Side A Mayor Bush said to Attorney Garganese, "Could - Performance Bonds that we can actually collect on, is that what we're talking about here?" Attorney Garganese said, "We've used the Bonds for infrastructure improvements, not to actually build units." Attorney Garganese added, "The City can impose a reasonable development schedule for the completion of the project. For example, if the project needs, like the Applicant said, the whole project is going to be completed together then - we can mandate that all the Permits be pulled and the construction commence for the entire project as - part of the Agreement with the City." Mayor Bush said to Attorney Garganese, "What about the possibility that - they have set- aside ninety-four (94) units for the - lower rents and what if they come back to the Commission and say, `You know what, we've rented those but we can't get rid of these sixty (60), so, we need more - of the other - how would you handle that?" Attorney Garganese remarked, "We'd have to talk to the Applicant about that, and - their funding commitments and what that means with respect to the use of those units." With further comments on possible changes to the mix, Manager Smith said, "If we're committed at sixty (60) market rate units, and the - Applicant comes back and says, `Well, we'd like to get thirty (30) more of those as workforce housing, can we restrict that through a DA (Development Agreement) or through any mechanism?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 20 OF 27 Attorney Garganese noted, "I think you can impose the use in a Development Agreement and if changed circumstances result, they'd have to come back to the City and discuss it and negotiate a change to it, unless they have other thoughts - about their proposal and their financing commitments." Mr. Culp then said, "I think everything that you've been discussing so far is consistent with what we've presented - we're planning to develop a community all at one time so - the issues with regard to infrastructure and Building Permits, those are all things that - we're happy to work on in the Development Agreement. Our commitment is for financing. Yes, we're applying for the ninety-four (94) units as the workforce housing and we're intending to keep - the sixty (60) as market rate. Your City Attorney is exactly right, if - I wanted at some point to do something different, I'd have to come back to you and get your approval to do that. So, I think that's a process we can work through in the Development Agreement to spell out everything that you're looking for in the Development Agreement." Commissioner Brown asked Mr. Culp, "What is your occupancy rate in Oviedo?" Mr. Culp responded, "We're full." Commissioner Brown added, "You are full in Oviedo Town [Centre]?" Mr. Culp stated, "Yes." Deputy Mayor Krebs stated, "I understand that we were told he was building everything at once, but I am not sure we can control whether the man would go bankrupt or not, if that was to happen." Continuing, Deputy Mayor Krebs noted, "I don't know what we could do to prevent it other than have the Security Bonds in place for the infrastructure, but anything other than that, I don't see how we could prevent that from happening." Attorney Garganese noted, "That's historically what we've done - yes, is making sure that all the infrastructure gets constructed; getting securitization for that; imposing a reasonable development schedule is perfectly appropriate. If they don't fulfill that - the Permits could expire or become abandoned. With respect to building units however, that's always been left to the private sector and market forces." Furthermore, Attorney Garganese commented, "But with respect to the infrastructure, I think we would need securitization just like any other project, probably in the form of a Letter Of Credit would probably be more appropriate." Mayor Bush asked Mr. Culp. "What is the estimated value of this project?" Mr. Culp stated, "I apologize for not having the number. It's well in excess of twenty million dollars. I don't have the number at my fingertips. I can get that back to you and I apologize for not having it with me tonight." Mayor Bush then said, "That is what it is going to cost you to build it?" Mr. Culp stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 21 OF 27 Attorney Garganese then asked Mr. Culp, "What's your financing you're applying for? For the full amount?" Mr. Culp responded, "No - we'll be applying for Federal Tax Credits; those Federal Tax Credits are a fairly complicated formula. It's based upon your eligible basis. It's a Tax Credit given to the Owners every year over a 10 year period for maintaining the affordability for a minimum of fifteen (15) years and the competitive process with the cycle of the State. In order to be competitive, you have to commit to the affordability being either thirty (30) or fifty (50) years depending on where you are in the rules in their cycle. But that's one component of it. You also have a first mortgage through a conventional lender as well." Attorney Garganese then inquired of Mr. Culp, "Do you have a loan commitment already, if you get the Tax Credits approved?" Mr. Culp commented, "We have preliminary commitments..." Attorney Garganese mentioned, "...Conventional Banks?" Mr. Culp responded saying, "Yes." Mayor Bush asked, "None of this property is tax exempt I assume?" Mr. Culp remarked, "No, it is not." Commissioner Bonner stated, "Do you receive any relief to Ad Valorem taxes we collect here in the City?" Mr. Culp said, "None whatsoever. The only relief under the Florida Statutes for affordable housing from Ad Valorem Taxes are for non-profits, 501(c)3 and we're not a Non-Profit." Additionally, Commissioner Bonner commented, "So, we would receive taxes on the rent rates that you collect. Is that how that works? Or will we receive the Ad Valorem taxes on the assessed value of your property, I believe. Is that right?" Mr. Culp noted, "That's correct." With further comments, Manager Smith remarked, "Not all apartment complexes in the City are based on the value of the property. It's not simply twenty million times our Millage Rate." Manager Smith added, "An income based approach..." Mr. Culp stated, "...That is correct." Following that statement, Commissioner Bonner remarked, "If it were to be income based and they are on a reduced rent structure, then the overall income would be lower. Would that mean there is lower tax revenue for the City?" Manager Smith responded, "That would be a reasonable conclusion. I'm just not sure if the Property Appraiser allows for that and would tax at the higher market rate or if they do allow for that reduction. I just don't know, but I'll be happy to call Mr. [David] Johnson [Seminole County Property Appraiser]." Mayor Bush noted, "Oviedo should be able to answer that question - since they have a property in Oviedo, and David Johnson [Seminole County Property Appraiser] too." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 22 OF 27 Furthermore, Mayor Bush said, "It is my understanding this has already been Approved. Do we need to Vote on this again?" Attorney Garganese stated, "There was a Motion to Reconsider that was Approved - if you're not going to change your decision, then the previous decision stands. But there's been a lot of discussion about a Development Agreement and I think, just to make that clear for the Record, you may want to make that a condition of the Approval." Additionally, Mayor Bush asked Mr. Culp, "How many school age children do you believe that your units will produce?" Mr. Culp remarked, "If you look at statistically what the school age children has generated from a workforce housing community, you typically will have one (1) school age child for every three (3) apartment homes - the highest ratio that I've seen in one of these workforce housing communities is one (1) school age child for every two (2). Now, of course you wouldn't count that on the age - restricted communities because there is going to be very few school age children within that community; so, if you look at the blend overall it will be much lower." Mayor Bush then inquired, "So, this meets the school Concurrency, as far as we know?" Mr. Culp stated, "As far as we know today, yes." Mayor Bush then inquired of Mr. Culp, "Have you talked to the School Board about this at all?" Mr. Culp responded, "We have not had any Meetings with the School Board yet - once we go to the next step and we start working on Final Development Plans, then we'd be meeting with them as well." Next, Mayor Bush asked, "In your fifty-five (55) and older, are you restricting it to no kids?" Mr. Culp answered, "There are restrictions with regard to the household and the head of household. I don't think we can restrict to where they don't have any other children in the household. I think we're only allowed to restrict to head of household in that community." Mayor Bush added, "Anthony (Garganese) has recommended that we have a Motion that includes some of our discussion concerning the Development Agreement. I still like the idea of the essential workers being in there some - where too." Attorney Garganese added, "I think what he said is they would have an advanced marketing program for essential service personnel where they would get preference for the units. That would be part of a commitment - you heard the Applicant make certain assurances to you all - he said that he would be willing to negotiate a Development Agreement. You approved the Conceptual Plan two (2) Meetings ago. If you want to impose the Development Agreement as a condition, just - Amend the previous Approval to include a Development Agreement to be negotiated by the City and the Applicant, pursuant to the Town Center District Code - would make it clear for the Record." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 23 OF 27 Deputy Mayor Krebs said to City Clerk Andrea Lorenzo-Luaces, "When you go through the Minutes, to specifically write down what assurances we asked for." Deputy Mayor Krebs added, "I just want the assurances to be verbatim." Commissioner McGinnis noted, "That was going to be part of my Motion." "I ENVISION THAT BEING PART OF THE MOTION, THAT WE CONTINUE OUR APPROVAL OF THE CONCEPT, INCORPORATING INTO THIS, A DEVELOPMENT AGREEMENT ADDRESSING ALL THE ISSUES AND CONCERNS WE RAISED TODAY AND USING ANTHONY'S (GARGANESE) LANGUAGE..." ATTORNEY GARGANESE NOTED, "...THERE ARE ASSURANCES THAT HAVE BEEN REPRESENTED TO YOU ALL. PURSUANT TO THE TOWN CENTER DISTRICT CODE; YOU CAN ENTER INTO A DEVELOPMENT AGREEMENT - AS PART OF THE FINAL PERMIT." "SO MOVED. AND THAT WOULD COME BACK TO US." MOTION BY COMMISSIONER McGINNIS. ATTORNEY GARGANESE ADDED, "IF THEY PROCEED WITH THE PROJECT, WHAT WOULD HAPPEN IS THEY WOULD BE BACK BEFORE THE CITY FOR THE OTHER DEVELOPMENT APPROVALS, THE FINAL DEVELOPMENT APPROVAL. IN CONJUNCTION WITH THAT, THERE WOULD HAVE TO BE A DEVELOPMENT AGREEMENT NEGOTIATED AND WORKED OUT AS PART OF THAT PROCESS." SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. ATTORNEY GARGANESE ADDRESSED THE MOTION ON THE FLOOR AND EXPLAINED, "IT'S ACTUALLY AN AMENDMENT TO THE PREVIOUS APPROVAL AND THAT AMENDMENT WOULD BE TO IMPOSE A CONDITION. THAT CONDITION BEING NEGOTIATION OF A DEVELOPMENT AGREEMENT PURSUANT TO THE - TOWN CENTER DISTRICT CODE REQUIREMENTS AND - ALL OF THE ASSURANCES THAT WERE MADE AND THE DISCUSSION; AND THE ISSUES THAT HAVE BEEN BROUGHT UP WOULD BE A FRAMEWORK FOR NEGOTIATING THAT DEVELOPMENT AGREEMENT. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 24 OF 27 FOR EXAMPLE, THE APPLICANT-DEVELOPER HAS INDICATED THAT THEY WOULD - ESSENTIAL SERVICE PERSONNEL WOULD GET PREFERENCE. THAT - ADVANCED ADVERTISEMENT PREFERENCE WOULD BE IMPOSED BY DEVELOPMENT AGREEMENT, SO, YOU CAN HAVE ASSURANCE THAT THEY WILL FOLLOW THROUGH WITH WHAT THEY'RE SAYING HERE THIS EVENING. AND THERE WERE A LIST OF OTHER ASSURANCES THROUGHOUT THE NIGHT. FOR EXAMPLE, THE NINETY-FOUR (94), FORTY-SEVEN (47), SIXTY (60) MIX IS ANOTHER ASSURANCE. THIS IS ALL CONSISTENT WITH THE TOWN CENTER DISTRICT CODE WHICH - AND EVEN THOUGH THIS IS A CONCEPTUAL REVIEW, THE INTENTIONS OF THE APPLICANT - ARE ALSO EXAMINED, AND THOSE INTENTIONS, APPARENTLY, WE'LL MEMORIALIZE THEM IN A DEVELOMENT AGREEMENT." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Brief discussion. Commissioner Brown then mentioned to Attorney Garganese, "I am sure you captured it, but just to make sure that there was also supposed to be a negotiated Agreement between the Developer and the Police Department for adequate coverage in that community." Mayor Bush called a Recess at 7:21 p.m. Mayor Bush reconvened the Meeting at 7:26 p.m. REGULAR 601. Community Development Department Providing The City Commission With A Synopsis And Up-Date On The History And The Current Status Of The Vision And Implementation Of The Town Center. Mr. Stevenson began a PowerPoint presentation on the Town Center District Code. Commissioner Bonner returned to the dais at 7: 30 p.m. Attorney Garganese returned to the dais at 7:3Op. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 18, 2009 PAGE 25 OF 27 Discussion. Video clips were shown throughout this Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department next addressed the City Commission on aspects related to good Town Center development practices. Tape 2/Side B Discussion followed on Charettes; "Park once" philosophy; parking garages; and the "Sidewalk experience". Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department spoke on the "public realm". Further comments. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed parking issues and speed limits along State Road 434. Discussion. Tape 3/Side A Discussion followed on the development of business before housing in Phase 1 of the Town Center; the economy; and "perceptions" with parking. Architectural elements were addressed next by Mr. Stevenson. Next, discussion ensued on why the City Commission acts as the DRC (Development Review Committee) for the Town Center, and not another entity. Attorney Garganese explained, "The way it was structured is that it is set up where there is a Development Review Committee that is responsible for making a lot of decisions under the Code; then there is the City Commission - expressed authority to grant Special Exceptions. The Code is silent as to who the DRC (Development Review Committee) is." Furthermore, Attorney Garganese noted, "In terms of negotiating a Development Agreement, I would think it would be logistically - very difficult if you had another - final decision maker that wasn't the Commission." Comments followed on the many details that the City Commission used to approve. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 26 OF 27 Related to the Town Center, Mayor Bush suggested that Staff bring forward to the City Commission recommendations "On how we can overcome this and make it a viable business destination." Commissioner Brown asked about the possibility of the City to "Issue Bonds and purchase that land?" Brief comments followed, to which Commissioner Brown added, "Why couldn't we become the Land Owner and Developer of Phase 2 in our Town Center and own our Town Center?" Attorney Garganese noted, "Nothing would prohibit you from attempting to acquire that property." Commissioner Brown then noted other stages in "Even Phase l." Commissioner McGinnis then said to Mr. Stevenson, "You did a really good job, all of you did..." Deputy Mayor Krebs added, "...Yes, your whole Staff did." Manager Smith stated, "I think I am hearing several things. I am hearing keep the vision, but then I'm also hearing- that maybe we need a paradigm shift and thought process; that we can't do things we've always done the same way we've done them. Maybe the answer is somewhere in the middle; but, we'll definitely bring back some thought processes we had." Discussion ensued on Lake Jesup and Mayor Bush suggested, "We need a different plan." Attorney Garganese recommended an action plan for economic development and spoke of things the City of Cocoa has done. Manager Smith then mentioned his idea to possibly partner with the City of Oviedo on an RFP (Request for Proposal) for Economic Services. With further discussion, Mr. Stevenson commented on parking issues and mentioned they will be bringing an Economic Development Incentives Agenda Item to the City Commission in the near future. Discussion followed on drugstores for the Town Center. Tape 3/Side B With further comments on access, Commissioner Bonner commented, "If we had that plan sketched out so that it was suitable to send up to our support at the Federal Level, they might steer some money our way and low and behold, we could have a Michael Blake Boulevard and then we would be a little more attractive for the next Developer that comes to town." Mr. Stevenson noted, "We've got plans on that, I believe about sixty percent (60%) and Brian (Fields) probably wants to address that; and Kevin (Smith) - I think we have applied for a number of the shovel-ready projects." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 18, 2009 PAGE 27 OF 27 Mr. Fields noted, "We've nominated Michael Blake Boulevard at the State level for what is called TRIP funding, which is more of what it is eligible for, for several years." Mr. Fields added, "It is on our list. It's not really eligible for the Federal funding, like the Stimulus Plan because it's not a Federal Aid Road, but we are always on the lookout for any funding to help us out." In other City business, Mayor Bush spoke of an email from Indian Trails Middle School related to a possible change to the Code related to electronic signs and a possible Waiver and suggested, "Maybe at our next Meeting it needs to be discussed, because they have a deadline." Mayor Bush added, "I think that probably ought to be on the Agenda for - Tuesday [May 26, 2009]." Mayor Bush asked the City Commission, "Do you have any objection to this being on our next Meeting to discuss this? They need an answer." No objections were voiced. Mayor Bush said, "I am going to forward this to you Kevin (Smith), this email and will you let them know it is going to be on the Agenda." Next, Mayor Bush remarked, "I am glad to hear Kevin (Smith), what you said about the Economic Development Initiative with Oviedo. I think that is a good step - I think we have got some smart people here too; so, I think we should start thinking about what we could do, and there have been some things brought up tonight, I think that we need to explore further." Commissioner McGinnis said to Staff, "Very, very good job!" Mayor Bush added, "You all did a good job!" Deputy Mayor Krebs also agreed. Commissioner Bonner commented, "Well done!" ADJOURNMENT Mayor Bush adjourned the Special Meeting at 9:36 p.m. Y SUBMITTED: LORENZO-LUACES, MMC APPROVED: 4mioiOh_N F. BUSH NOTE: These Minu'es were approved at the June 8, 2009 Regular City Commission Meeting.