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