Loading...
HomeMy WebLinkAbout2003 04 14 Consent L Unapproved Minutes from the March 31, 2003 City Commission Special Meeting COMMISSION AGENDA ITEM L Consent X Informational Public Hearings Regular April 14. 2003 Regular Meeting Mgr. / Dept. Authorization CONSENT L. Office Of The City Clerk Requesting Approval Of The March 31, 2003 City Commission Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING MARCH 31, 2003 CALL TO ORDER The Special Meeting of Monday, March 31, 2003 of the City Commission was called to order by Deputy Mayor Robert S. Miller at 6:38 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). After a moment of silence, the Pledge of Allegiance was led by Deputy Mayor Miller. ROLL CALL: Mayor John F. Bush, present (via teleconference call) Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., arrived at 7:01 p.m, Commissioner Sally McGinnis, present Commissioner David W, McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:39 p.m. REGULAR REGULAR 1. A. Office Of The City Manager Presents To The City Commission A Request To Further Discuss A Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. City Attorney Anthony A. Garganese arrived at 6:39 p,m. City Manager Ronald W. McLemore introduced this Agenda Item, In speaking of this Agenda Item, Manager McLemore stated, "They do need a contribution of $150,000.00 for the affordable housing project in order to be competitive in that process, Their agreement with us is if that project goes forward, then they will pay back to us through the Wagner's Curve Company, $250,000,00 and this will be a concurrent transaction which would net the City $100,000,00 which we could contribute to any of the parks we wanted to. If that project does not go forward, the affordable ~.J .~. ~ ~ ~ <Z~ ~ ~~. 0 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 31, 2003 PAGE20F8 housing project, they are still willing if the other project goes forward, the Wagner's Curve project, the Wincey project, they will then provide to the City a check for $250,000.00. " Next, Manager McLemore explained, "What we need to go forward is - I need to be able to execute on behalf of the City, the form which verifies the local Grant. That form - you can terminate that agreement to do that - subject to if we don't get to a Development Agreement that we can all agree to, and we will then memorialize all this in a Development Agreement, a Master Agreement which would come back to you for your approval, setting out all of the details and also, there would be a separate Development Agreement for each of the projects which would be consistent with the Master Agreement. " Discussion. Ms, Lisa M Stephens, Comptroller and Development Coordinator, Davis Heritage, 20725 SW 46th Avenue, Newberry, Florida: addressed the City Commission, Commissioner Michael S. Blake inquired, "Is there any requirement from you folks that that $250,000.00 contribution be earmarked for Parks only?" Commissioner Blake added, "Would it be a deal killer if that was General Fund money and not money that is earmarked specifically in a Parks Trust Fund?" Ms. Stephens stated, "No," Furthermore, Commissioner Blake inquired of Ms. Stephens, "If the Cypress Pointe project is not approved by Florida Housing Finance Authority, and Wagner's Curve is - the Leerdam property, then you will make the contribution? And you put it that way Because you do not yet have a contract or plans on the Wincey property?" Ms. Stephens stated, "That is correct." Commissioner Sally McGinnis suggested, "I would like to ask that in the future, that Cypress Pointe be referred to as affordable housing and not low income housing." Manager McLemore stated, "Okay, that's fair." With further discussion, Manager McLemore asked Ms. Stephens, "If the Wincey property doesn't develop, but yet the Wagner's Curve project does develop, are we still talking about the $250,000,00 gift?" Ms. Stephens stated, "Yes. At the time that we - Davis Heritage have a project that we know is moving forward in the community, whether it be the Wagner's Curve property, the Wincey property, or the Golf Course property, we're prepared to make a contribution of $250,000.00 to be used as the City sees fit - so it is not tied to our affordable housing project going forward, nor is it tied to getting the Wincey property under contract - just at the point that we become a member of your community, that's when we'd make that contribution." Commissioner David W. McLeod suggested, "That should be stated in whatever Motion is made this evening." ~~ ~ ~ ~ ~ ~.3) ~ ~~_ iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 31, 2003 PAGE 3 OF 8 Manager McLemore said to the City Commission, "I need the authority to sign the Grant form and direction from you to the City Attorney and t to develop the Development Agreement and bring it back to you - the Master Development Agreement." "I WOULD LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER AND THE ATTORNEY TO - PREPARE A MASTER DEVELOPMENT AGREEMENT WITH THE DAVIS COMPANIES AND ALL OF THEIR ASSOCIATED SUB-COMPANIES, OF WHICH THERE ARE VARIOUS, IN ORDER TO REQUIRE A $250,000.00 DONATION TO THE CITY OF WINTER SPRINGS AT THE TIME THAT EITHER THE CYPRESS POINTE PROJECT IS APPROVED BY THE FLORIDA HOUSING AND FINANCE AUTHORITY OR THE W AGNERS CURVE OF WINTER SPRINGS IS APPROVED BY THE CITY OF WINTER SPRINGS TO COME INTO THE GENERAL FUND AND CONCURRENT WITH THAT TRANSACTION THE CITY OF WINTER SPRINGS WOULD MAKE A $150,000.00 DONATION IF THE CYPRESS POINTE PROJECT WERE TO BE APPROVED BY THE FLORIDA HOUSING AND FINANCE AUTHORITY, SUBJECT TO THE LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION GRANT CERTIFICATE WHICH WOULD BE AT THAT TIME EXECUTED BY THE CITY." COMMISSIONER BLAKE ADDED, "THAT IS NOT QUITE RIGHT BECAUSE THIS HAS TO BE EXECUTED NOW - BUT, WE HAVE TO MAKE SURE THAT THE DEVELOPER FROM THE MASTER DEVELOPER'S AGREEMENT IS STRUCTURED SUCH THAT IN THE EVENT THAT THIS PROJECT - CYPRESS POINTE IS NOT APPROVED BY THE FLORIDA HOUSING AND FINANCE - THEN, THIS CERTIFICATE IS NULL AND VOID AT THAT TIME." MANAGER McLEMORE ADDED, "IN ORDER TO COMPLETE THEIR APPLICATION, WE NEED THAT CERTIFICATE." COMMISSIONER BLAKE ADDED, "AND FURTHER THAT IF THE WINCEY PROJECT DEVELOPS, THEN THE DEVELOPER WOULD AGREE TO CONSTRUCT A ROAD AND ENTRANCEWAY INTO THE CITY.PARK WITH A TRAFFIC PATTERN THAT WORKS - TO BE DETERMINED." MOTION BY COMMISSIONER BLAKE. Commissioner Edward Martinez, Jr. arrived at 7:01 p.m, SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO INCLUDE THAT PROJECT ALSO - THE WINCEY PROJECT, SO THAT IF IT SHOULD GO FIRST, THE $250,000.00 WOULD BE DONATED TO THE CITY." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. m ~.."'. ~ ~ ~ ~~ ~ F==:'l. '. ' ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 31,2003 PAGE40F8 ATTORNEY GARGANESE STATED, "IT IS MY UNDERSTANDING THAT THE $250,000.00 DONATION TO THE CITY WILL OCCUR WHENEVER ANY OF THE SITE PLANS FOR ANY OF THE PROJECTS IS APPROVED BY THE CITY COMMISSION..." MANAGER McLEMORE AGREED AND SAID, "...RIGHT..." ATTORNEY GARGANESE THEN ADDED, "...IN ADDITION THE CITY'S $150,000.00 CONTRIBUTION WILL OCCUR IF AND WHEN THE SITE PLAN IS APPROVED FOR THE - CYPRESS POINTE PROJECT, KEEPING IN MIND, I DON'T BELIEVE THE DEVELOPER IS GOING TO COME FORWARD FOR FINAL APPROVAL UNTIL YOU KNOW WHETHER OR NOT YOU ARE GETTING YOUR GRANT WITH THE STATE..." MS. STEPHENS STATED, "...RIGHT, WE WILL START PRELIMINARY APPROVAL IMMEDIATELY BUT FINAL APPROVAL WON'T COME UNTIL LATER..." ATTORNEY GARGANESE ADDED, "...FINAL APPROVAL WON'T COME UNTIL YOU KNOW THAT YOU HAVE YOUR FINANCING, YOUR FUNDING LOCKED IN WITH THE STATE..." MS. STEPHENS AGREED AND SAID, "CORRECT..." ATTORNEY GAR~ANESE THEN SAID, "...SO, IT'S THE SITE PLANS THAT TRIGGER THE PAYMENT OF THE $250,000.00 - IT COULD BE ANY ONE OF THREE (3) SITE PLANS APPROVED, AND THE $150,000.00 CONTRIBUTION IS TIED ONLY TO THE CYPRESS POINTE OF WINTER SPRINGS SITE PLAN." COMMISSIONER BLAKE INQUIRED, "THE $150,000.00 PAYMENT WOULD OCCUR WHEN? FROM THE CITY TO THE DEVELOPER? THAT CONTRIBUTION WOULD OCCUR AT WHAT POINT IN TIME?" ATTORNEY GARGANESE SAID, "AS THE FINAL SITE PLAN IS APPROVED FOR THE CYPRESS POINTE AT WINTER SPRINGS LTD., AND IF THAT IS THE ONLY PROJECT THAT IS APPROVED, SIMULTANEOUSLY WITH THAT, THEY WOULD GIVE YOU A $250,000.00 CONTRIBUTION TO THE CITY AS PART OF THE MASTER AGREEMENT." VOTE: (ON AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. cc-:~.~ ~.. f;~ r.!::-';-. ~.:.;'~ ,. ..2] ,:, .~-<=:I "8 t.' :.;;~ ~.'.:Z2J Ii~';~, ~\...-.~ ~ ~ ~~J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 31, 2003 PAGE50F8 VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 2. B. Office Of The City Manager Presents To The City Commission A Request To Discuss Certificates Of Occupancy For The Town Center. Manager McLemore introduced this Agenda Item, Commissioner Blake stated, "When the Commission first took this action September 9th, it was seven (7) months ago, and I remember that night very specifically and I remember stating that there would be no additional e.O.'s [Certificate of Occupancy's] until the problem was done, fixed, and Shane Doran stood before us and said I understand that, we will come to a Resolution, because I cannot afford to hold up e.O.'s [Certificate of Occupancy's], Now, that is paraphrasing, but I think if you pull the tapes, we are going to hear him say something very close to that." Discussion followed on how this situation has been progressing. Tape 1/Side B Discussion. Commissioner Martinez suggested, "Perhaps the Commission should direct the City Manager to sit down with these people one (1) more time, and draft a document that puts an end to all this haggling back and forth. Further discussion. "MY MOTION WOULD BE THAT WE DO GRANT THE C OF 0 [CERTIFICATE OF OCCUPANCY] ON BUILDINGS 10,8, AND 15; HOWEVER WE WOULD ISSUE PERMITS ON BUILDING 1. THE PROBLEM WOULD BE RESOLVED BEFORE THE C OF 0 [CERTIFICATE OF OCCUPANCY] OF BUILDING 1, GIVING APPROXIMATELY 90 TO 120 DAYS TO RESOLVE THE ISSUE." MOTION BY COMMISSIONER McLEOD. ~ ~ ~1:.8) ~ ~ ~ ~ ~... iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 3\, 2003 PAGE60F8 COMMISSIONER McLEOD ADDED, "THE BUILDING ITSELF AT THE PRESENT TIME IS NOT OUT OF THE GROUND - THE DEVELOPER KNOWS THE ISSUE. THE DEVELOPER THEN WILL COME BACK - YOU AND HE WILL GET TOGETHER AND COME BACK TO US WITH HOW YOU ARE GOING TO RESOLVE THIS ISSUE." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MANAGER McLEMORE STATED, "I BELIEVE COMMISSIONER McLEOD'S RECOMMENDATION TO YOU WILL WORK. AND I WOULD SAY THE CAVEAT IS THAT WE HAVE TO BE BACK IN FRONT OF YOU IN THIRTY (30) DAYS WITH A PLAN, BUT WE ARE NOT TO HOLD UP THESE CERTIFICATES OF OCCUPANCY. AND THEN ONCE WE GET BACK IN FRONT OF YOU WITH A PLAN, THEN YOU'VE GOT TO DECIDE WHETHER YOU LIKE IT OR NOT, AND YOU MIGHT WANT TO TWEAK IT." "I WOULD LIKE TO MAKE A MOTION THAT WE DO NOT GRANT ANY MORE PERMIT'S OR C.O.'S [CERTIFICATE OF OCCUPANCY'S] FOR THIS PROJECT BEYOND THAT WHICH IS APPROVED AND AUTHORIZED TONIGHT UNTIL THIS LIGHTING ISSUE IS SETTLED BETWEEN THE CITY OF WINTER SPRINGS AND THE DEVELOPER." AMENDMENT TO THE MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER MARTINEZ ADDED, "THAT WE DO NOT ISSUE ANY MORE PERMITS OR C.O.'S [CERTIFICATE OF OCCUPANCY'S] BEYOND THAT WHICH IS BEING APPROVED TONIGHT, UNTIL THEY SETTLE THIS ISSUE OF THE LIGHTING." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER McLEOD SUGGESTED, "THE OTHER THING THAT HE NEEDS TO UNDERSTAND HERE IS THAT THE LIABILITY AND RESPONSIBILITY TO HIS TENANTS OF BUILDING 1, HE NEEDS TO MAKE THEM AWARE OF THE CONDITIONS OF THE ACCEPTANCE OF THE C OF o [CERTIFICATE OF OCCUPANCY], FOR THAT BUILDING, AND THE BURDEN THEN FALLS ON HIS SHOULDERS." ATTORNEY GARGANESE SAID, "I THINK THE CITY'S ISSUE IS A PERMITTING ISSUE - WHETHER OR NOT HE HAS A RIGHT TO GET THE CERTIFICATE OF OCCUPANCY WHEN THE BULDING IS READY FOR OCCUPANCY, AND WE HAVE A SERIOUS BREACH OF CONTRACT ISSUE WHICH NEEDS TO BE SATISFIED I BELIEVE, BEFORE THAT CERTIFICATE OF OCCUPANCY IS ISSUED - THAT IS ONE (1) ISSUE. HIS ISSUE WITH HIS TENANTS IS SIMPLY A LANDLORD-TENANT ISSUE, HOW CAN HE WITH ANY ASSURANCE TELL SOMEBODY THAT THE BUILDING IS GOING TO BE AVAILABLE WHEN HE HAS GOT A BREACH SITUATION THAT NEEDS TO BE RESOLVED." ~ ~ ~ ~ ~3 ~ (1:. <"0 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 31, 2003 PAGE70F8 FURTHERMORE, ATTORNEY GARGANESE SUGGESTED, "PUT A NOTATION ON THE BUILDING PERMIT WHEN IT IS ISSUED - THAT A CERTIFICATE OF OCCUPANCY IS CONDITIONED UPON THE RESOLUTION OF THE LIGHTING ISSUE." Tape 2/Side A VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: NAY MOTION DID NOT CARRY VOTE: (ON THE MAIN MOTION) COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: NAY MOTION DID NOT CARRY With discussion, Deputy Mayor Miller said, "I think probably what we are going to need to do is have this issue brought back 1 suppose at the next Meeting." Further, Manager McLemore asked, "Specifically, what is your bottom line?" Deputy Mayor Miller said to Manager McLemore, "We want a proposal Ron - my own personal opinion right now having been the Chairman of this Meeting, would be to bring back at a date certain, either the next Commission Meeting or the one after that - this is what is possible in the period of time in which it is going to be done. At least that way, we will have a scope of the concept of what really is going on here." Additionally, Deputy Mayor Miller stated, "I personally want what we originally agreed to - that is what I want." Commissioner McLeod then said to Manager McLemore, "I think the Motion last week was for you to go back and negotiate." ~ ~ ~ ~ ~ ~.....'. ~ ~ '. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 31, 2003 PAGE 8 OF 8 ADJOURNMENT Deputy Mayor Miller adjourned the Special Meeting at 8:22 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F, BUSH MAYOR NOTE: These Minutes were approved at the , 2003 Regular City Commission Meeting. ~.........~.. ~ ~ ~ ~ CS'-'~ ~ CS3J