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HomeMy WebLinkAbout_2010 10 25 City Commission Regular AgendaCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION AGENDA REGULAR MEETING MONDAY, OCTOBER 25, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five ❖ ❖ NOTE: IT IS NOT UNCOMMON THAT THERE MAY BE CHANGES TO THIS AGENDA, INCLUDING ADDITIONAL INFORMATION TO BE PROVIDED TO THE MAYOR AND CITY COMMISSION. ❖❖ PLEASE SILENCE CELLULAR TELEPHONES AND /OR PAGERS DURING THE MEETING CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 2 OF 13 CALL TO ORDER Roll Call Invocation Pledge Of Allegiance Agenda Changes INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. The Commission Agenda Has Been Posted On The Bulletin Board Outside City Hall, On The City's Electronic Sign; The Agenda Is Electronically Posted According To The City Clerk's Procedure. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. INFORMATIONAL 101. Utility Department REQUEST: Providing An Update On The Status Of The SR (State Road) 46 Alternative Water Supply Project. FISCAL IMPACT: The Cost For Phase I Is Projected At $75,000.00 And Is Expected To Occur Over The Next 18 (Eighteen) Months. 30% Of This Cost Will Be Due Within 60 Days Of The Consultant Agreement Execution Which Is Expected To Occur In March/April 2010 Timeframe. The City Has The Right To Terminate Participation In The Agreement At Any Time But Will Be Financially Obligated For Any Work Authorized Prior To Fulfilling The Termination Provisions. COMMUNICATION EFFORTS: This Information Will Be Posted On The City Web Page. RECOMMENDATION: Staff Recommends The City Commission Accept This Information INFORMATIONAL 102. Finance And Administrative Services Department REQUEST: Would Like To Inform The City Commission Of Recent And Prospective Training And Customer Service Initiatives. FISCAL IMPACT: The Entire Years Training Is Estimated To Cost Between $3,500.00 And $5,000.00. These Funds Have Been Budgeted In The FY(Fiscal Year) [20] 11 Financials. COMMUNICATION EFFORTS: Additional Training Opportunities Will Be Posted On The Intranet And Communicated Through email To All Prospective Employees. A Program Is Also Being Developed To Recognize Employees During Regularly Scheduled Commission Meetings If They Complete All Classes In The Prescribed Curriculum. We Are Going To Call This Program "University Of Winter Springs" And Issue Diplomas As Employees Graduate. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 3 OF 13 RECOMMENDATION: N/A (Not Applicable) CONSENT AGENDA CONSENT 200. Parks And Recreation Department REQUEST: Requesting The City Commission That Authorization Be Given To The City Manager And The City Attorney To Prepare And Execute The Agreement Between The City Of Winter Springs And The Winter Springs Rotary Club For The Veteran's Day Event. FISCAL IMPACT: City Police Overtime Services Of $616.00. Funds Are Budgeted For These Types Of Requests In The FY (Fiscal Year) 2011 Budget. COMMUNICATION EFFORTS: Promoted Through eAlerts And The City Website. Also Flyers - Posters Or Any Other Promotional Material Provided Would Be Displayed At City Hall, Senior Center And Parks And Recreation (Central Winds Park). RECOMMENDATION: The Parks And Recreation Department Is Requesting The City Commission That Authorization Be Given To The City Manager And The City Attorney To Prepare And Execute The Agreement Between The City Of Winter Springs And The Winter Springs Rotary Club For The Veteran's Day Event. CONSENT 201. Utility Department REQUEST: Requesting Authorization To Contract With Partridge Well Drillers To Install Three Monitoring Wells At A Cost Of $63,790.00. FISCAL IMPACT: The Cost Of $63,790.00 Will Be Paid Through Utility Enterprise Fund Capital Improvements Line Code 3600 - 65000- 62100. $75,000.00 Was Budgeted For These Monitor Wells. The Wells Are To Be Installed Before January 25, 2011. COMMUNICATION EFFORTS: This Information Will Be Posted On The City's Web Page. RECOMMENDATION: It Is Recommended That Authorization Be Granted To Contract With Partridge Well Drillers For The Installation Of The Three Monitoring Wells At A Cost Of $63,790.00 Plus 10% Contingency Payable From Utility Line Code 3600 - 65000- 62100. CONSENT 202. Public Works Department REQUEST: Requesting Authorization To Enter Into A Contractual Agreement With Wal -Rose, Inc. For Construction Of The O'Day Drive Pond Improvements (ITB #008- 10 -BF). FISCAL IMPACT: The Project Cost Is $47,770.50 Plus A 10% Contingency And The Funding Source Is The Stormwater Fund ( #3800 - 65000- 30147). COMMUNICATION EFFORTS: Staff Has Met Onsite With The Two Homeowners Immediately Adjacent To The Pond To Review The Project And Address Any Questions Or Concerns. Before Construction Begins, Staff Will Distribute A Construction Notice To All Residents In The Project Vicinity. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 4 OF 13 RECOMMENDATION: Staff Recommends That The City Commission Approve Wal -Rose, Inc. For Construction Of The O'Day Drive Pond Improvements In The Amount Of $47,770.50 Plus 10% Contingency Funded From The Stormwater Fund And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. CONSENT 203. Utility Department REQUEST: Requesting Approval To Piggyback Off Of The City Of Orlando Bid With DPC Enterprises, L.P. For The Purchase Of Gas Chlorine. FISCAL IMPACT: Annual Expenses Of $135,000.00 For The Purchase Of Liquid And Gas Chlorine Are Budgeted In The Utility Department Line Code 3600 - 55233. $30,000.00 Was Spent Last Year For Gas Chlorine. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets, Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: It Is Recommended That Authorization Be Granted To Piggyback Off Of The City Of Orlando Contract #13I09 -2476 With DPC Enterprises, L.P. For The Purchase Of Gas Chlorine At $527.00 Per Ton. CONSENT 204. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The October 11, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The October 11, 2010 City Commission Regular Meeting Minutes. CONSENT 205. Office Of The City Clerk REQUEST: Requests That The City Commission Review And Approve Resolution Number 2010 -56 Offering Their Appreciation And Gratitude For The Service Of Mr. Charles Lacey As A Recent Member Of The Planning And Zoning Board/Local Planning Agency. FISCAL IMPACT: There Is No Fiscal Impact With The Approval Of Resolution Number 2010 -56. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 5 OF 13 RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2010 -56. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. Lacey Regarding An Official Presentation In His Honor By The Mayor And City Commission. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And City Commission Presentation Of Resolution Number 2010 -27 Expressing Appreciation to Mr. Arsenio Calle For His Service As A Member Of The City Of Winter Springs' Code Enforcement Board. AWARDS AND PRESENTATIONS 301. Office Of The Mayor And City Commission Presentation Of Resolution Number 2010 -29 Expressing Appreciation To Mr. Jim Pitts For His Service As A Member Of The City Of Winter Springs' Code Enforcement Board. AWARDS AND PRESENTATIONS 302. Office Of The Mayor And City Commission Presentation Of Resolution Number 2010 -32 Expressing Appreciation To Ms. Cara Lynn Roesner For Her Service As A Member Of The Beautification Of Winter Springs' Board. RECESS REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire REPORTS 401. Office Of The City Manager — Kevin L. Smith REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC REPORTS 403. Office Of Commissioner Seat One — The Honorable Jean Hovey REPORTS 404. Office Of Commissioner Seat Two /Deputy Mayor — The Honorable Rick Brown CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 6 OF 13 REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner REPORTS 406. Office Of Commissioner Seat Four— The Honorable Sally McGinnis REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs REPORTS 408. Office Of The Mayor — The Honorable John F. Bush PUBLIC INPUT (Anyone Who Wishes To Speak At Public Input On Any Agenda Item Or Subject Matter Will Need To Fill Out A "Public Input" Form. You Will Be Given Three (3) Minutes To Speak; If You Are Speaking For A Group Or Homeowner's Association You Will Be Given Five (5) Minutes To Speak. It Is At The Discretion Of The City Commission To Allow A Speaker More Than The Allotted Time. If You Wish To Speak At The Public Hearing Portion Of The Agenda, You Will Also Need To Fill Out A "Public Input" Form And Will Be Given The Same Time Allotment As Mentioned Above.) PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For Second Reading Of Revised Ordinance 2010 -08, Amending The Code To Allow Accessory Dwelling Units (ADU's) As A Conditional Use In Single Family Zoning Districts Subject To Certain Criteria. FISCAL IMPACT: Improvements That Are Installed On Existing Residential Properties Typically Result In An Increase To The Taxable Value Of The Property. In This Case, The Value Lies Primarily In The Property Owner Upgrading His Investment. COMMUNICATION EFFORTS: Agenda Items Are Posted In City Hall And Posted On City's Website. Additionally: Aug. (August) 22, 2010 - Public Noticing In The Orlando Sentinel Of Local Planning Agency Public Hearing Sept. (September) 1, 2010 - Public Hearing Before The Local Planning Agency Oct. (October) 3, 2010 - Public Noticing In The Orlando Sentinel Of 1 St Reading Public Hearing Oct. (October) 11, 2010 - 1st Reading Of Ordinance 2010 -08 Before The City Commission Oct. (October) 17, 2010 - Public Noticing In Orlando Sentinel Of 2nd Reading /Adoption Public Hearing Oct. (October) 25, 2010 - City Commission Public Hearing For 2nd Reading /Adoption Of Ordinance 2010 -08 CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 7 OF 13 RECOMMENDATION: P &Z(PLANNING AND ZONING) /LOCAL PLANNING AGENCY RECOMMENDATION: At A Regular Meeting Of The P &Z (Planning And Zoning) /Local Planning Agency Board Held On September 1, 2010, The Board Voted 4 To 1 (Four In Favor, One In Opposition) To Recommend Approval Of Ordinance 2010 -08, Amending The Code To Allow Accessory Dwelling Units (ADU's) As A Conditional Use In Single Family Zoning Districts Subject To Certain Criteria. The Board Member In Opposition Felt That The Addition Of Any ADU's (Accessory Dwelling Units) Into Single Family Zoning Districts Undermined The Intent Of The Single Family Zoning District. STAFF RECOMMENDATION: Staff Recommends That The City Commission Hold A Public Hearing For Second Reading Of Revised Ordinance 2010 -08, Make Any Corrections Deemed Necessary, And Adopt The Ordinance. PUBLIC HEARINGS 501. Community Development Department— Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -18, Amending The Comprehensive Plan To Create A Citywide Transportation Concurrency Exception Area (TCEA) For The City Of Winter Springs. FISCAL IMPACT: Developments Will Be Required To Implement, Or Provide A Funding Contribution To Directly Implement Mobility Strategies (Identified By The City), Based On A Proposed Development's Anticipated Net, New Trip Generation. Subsequent To This Amendment, The City Will Further Examine Other Implementation Strategies (Which May Include Mobility Fees, Proportionate Share Mitigation, Fees In -Lieu, And/Or Combination) To Support And Fund Mobility And Will Amend Its Land Development Code As Needed. The City Still Maintains The Ability To Collect Transportation Impact Fees To Ensure That New Development Pays For Its Fair Share Towards The Building Or Redevelopment Of Road Capacity. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website. July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission July 14, 2010 - LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments Oct. (October) 8, 2010 - ORC (Objections, Recommendations And Comments) Report From The State Dept. (Department) Of Community Affairs Oct. (October) 14, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Adoption Public Hearing RECOMMENDATION: P &Z(Planning And Zoning Board) /Local Planning Agency Recommendation: At A Regular Meeting Of The P &Z (Planning And Zoning) /Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -18, Amending The Comprehensive Plan. Staff Recommendation: Staff Requests That The City Commission Hold A Public Hearing For Second Reading And Adopt Ordinance 2010 -18, Which Amends Portions Of The City's Comprehensive Plan To Designate The Entire City As A Transportation Concurrency Exception Area (Tcea) And Establishes Interim Mobility Strategies. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 8 OF 13 PUBLIC HEARINGS 502. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -20, Amending The Comprehensive Plan Related To The GreeneWay Interchange District (GID). FISCAL IMPACT: This Amendment Will Help Facilitate Development Of The GID (GreeneWay Interchange District) In The Manner Envisioned By The City. The GID (GreeneWay Interchange District) Is Widely Recognized As The City's Greatest Potential For Diversification And Expansion Of The City's Tax Base. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website. July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 14, 2010 - LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments Oct. (October) 8, 2010 - ORC (Objections, Recommendations And Comments) Report From The State Dept. (Department) Of Community Affairs Oct. (October) 14, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Adoption Public Hearing lementation Schedule: Oct. (October) 25, 2010 - City Commission 2nd Reading /Adoption Hearing Oct. (October) 28, 2010 - Submittal To DCA (Department Of Community Affairs) For Compliance Review (Within 10 [Ten] Days Of Adoption) The Ordinance Becomes Effective 21Days After Of The Issue Of The "Notice Of Intent" To Find The Comprehensive Plan Amendment In Compliance, By The Florida Department Of Community Affairs. [Ref (Reference): 163.3184 (10)(a) F.S. (Florida Statutes)] RECOMMENDATION: P &Z(PLANNING AND ZONING BOARD) /LOCAL PLANNING AGENCY RECOMMENDATION: At A Regular Meeting Of The P &Z (Planning And Zoning Board) /Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -20 With Minor Text Changes. These Changes Were Incorporated Into The Text Considered During First Reading. STAFF RECOMMENDATION: Staff Requests That The City Commission Hold A Public Hearing For Second Reading And Adopt Ordinance 2010 -20, Which Amends Portions Of The City's Comprehensive Plan Related To The GreeneWay Interchange District (GID). PUBLIC HEARINGS 503. Community Development Department REQUEST: Requests The City Commission Review The Information Presented In This Agenda Item And Consider Three (3) Requests For The Proposed Town Parke Apartment Project. (1) Special Exception Requests, (2) Final Engineering Plans, And (3) A Development Agreement For A 108 Unit Senior Apartment Complex With Amenities On 6.95 Acres Within The Town Center. FISCAL IMPACT: Staff Estimates That The Two Parcels That Make Up This Project Currently Generate Approximately $16,000.00 In Ad Valorem Taxes. These Numbers Have Been Estimated Because Both Parcels Are The Result Of A Division Of Existing Parcels. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 9 OF 13 On October 8, 2010, The City Manager And Finance Director Met With A Representative Of Fishkind & Associates (Steve Schriever) And Atlantic Housing Partners (Marc Gauthier) To Discuss A Fiscal Neutrality Analysis & Economic Impact Study Of The Proposed Town Parke Apartment Development In Winter Springs. At That Meeting, Several Questions And Concerns Were Raised By Staff As A Result Of A Staff Review Of The Fishkind Study. First Is The Question Of Appropriateness Of The RIMS II Multiplier To Approximate The Impact Of The Town Parke Project On The Local Economy. In Economics, The Multiplier Effect Or Spending Multiplier Is The Idea That An Initial Amount Of Spending Leads To Increased Consumption Spending Greater Than The Initial Amount Of Spending On A Project. In Other Words, An Initial Change In Demand Causes A Change In Output For The Economy That Is A Multiple Of The Initial Change. The Key Question Is Where The Money Is Spent That Is Generated By This Project. Fishkind Demonstrates That 19 New Jobs Would Be Created With A Total Economic Output Of $3.0 Million ($3,000,000.00) Dollars. It Is The Opinion Of The City's Finance Director (Director) That Most Of The Economic Impact Will Occur Outside The City Limits, Due Primarily To The Fact That Winter Springs Is Approximately 90% Residential And 10% Commercial. It Is The Director's Opinion That The Multiplier Used (RIMS II — Seminole County) In This Study Is Too Broad And Therefore Yields Little Information That Can Be Used To Determine A True Economic Output Or Impact Of The Project. At This Meeting Steve Schriever (Fishkind) Agreed That The RIMS II Multiplier Was Not The Optimal Model For The Town Parke Report. The Discussion Then Turned To The Fiscal Impact Analysis Model (FIAM), Which Also Was Used To Approximate The Impact That The Town Parke Apartments Would Have On The City Of Winter Springs' Budget. Staff Raised Four Key Questions /Concerns That Arose After Reviewing The Fishkind Model For Revenue Projections: 1) Fishkind Uses The Market Approach To Estimate The Revenue That Would Be Derived From Property Taxes Paid On The Town Parke Apartments. David Johnson, Seminole County Property Appraiser, Indicated That The Customary And Appropriate Approach For Estimating Property Taxes For This Type Of Development Would Be The Income Approach. Therefore, We Have A Disparity Between The Model And What Will Actually Occur. This Disparity Will Likely Yield A Higher Revenue Stream Than Can Be Expected When The Project Is Completed. 2) The Revenue Model Used In The Fishkind Report Projected Road Improvement Fund Revenues (Le,Second Generation Sales Tax) Continuing For The Next 20 Years. The Road Fund Revenue Will, In- Fact, Only Continue For The Next 13 Months, Expiring In December 2011. Inclusion Of The Road Improvement Fund Beyond Its Actual Expiration Date Obviously Inflated The Revenue Streams And Resultant Net Fiscal Benefit In A Direction That Favored The Project. 3) In Theory, The FIAM Model Relies Heavily Upon Customized Data Relevant To The Economy Being Studied. As Of Today, Staff Has Not Been Granted Access To The Model's Parameters Or Specific Winter Springs' Data Inputs. Further Review To Determine The Accuracy Or Quality Of The Model Can't Occur Without Access To The Specific Model And Data. 4) The Results Of The FIAM are Stated In Terms Of Net Present Values Using A "Discount" Factor Of 10 %. The Discount Factor, In Theory, Is The Rate That The City Could Reinvest Monies At Market Rates If They Decided To Invest In An Alternative Investment. Staff Argued That 10% Is Not A Realistic Rate Of Return That Any Government Can Sustain Over The Long Run. At The End Of The Meeting Staff Sent A List Of Follow -Up Questions To Fishkind's Office For Clarification. Fishkind's Response To These Questions Is Included In This Agenda Item As Attachment G. The Response To The Questions Raised Further Concerns About The Appropriateness Of The Analysis And Its Application To Winter Springs. Those Questions Are As Follows: 1) How Do You Complete An Economic Impact Analysis Without Knowing The Income Levels Of The Occupants? CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 10 OF 13 2) In The FIAM Model, The Revenues And Expenses Are Projected Out In A Linear Method. Revenues Are Increased At A Constant 2% And Expenses Also Increase At A Constant 2 %. As Staff Looked Back Over History, This Is Not The Pattern That The City Of Winter Springs Has Realized. 3) What Were The Customized Variables /Inputs Into The RIMSII Or FIAM Model? Simply Stated, The Director's Conclusion, As Supported By The Affidavit Of Edward T. Wolpert, PH.D With Raffa Consulting Economists, Inc., Is That The Information Presented In The Fishkind Report Is Very Generic And Sometimes Not Relevant To Winter Springs. Additionally, The Revenue Assumptions Utilized To Calculate The Total Net Fiscal Benefit And Net Present Value (NPV) of The Net Fiscal Benefit Contain Inaccurate And Improper Data. Thus, The Fishkind Report Is Not Sufficient To Draw Any Conclusions About The Optimization Of This Project And Its Economic Impact On The City As Required By The City's Comprehensive Plan. The Entire Fiscal Neutrality Analysis Can Be Viewed On The City's Website By Looking Under "Proposed Town Parke Apartment Project" On The Front Page. The Name Of The Analysis Is "8 -23 -2010 Fiscal Neutrality Analysis" And Is Located Under The "New Project Proposal" Heading. COMMUNICATION EFFORTS: Extensive Information On This Site Is Posted On The City Website. In Addition, A Sign Has Been Posted On The Site And Letters Have Been Sent To Abutting Property Owners Of Land Within 150 Feet Of The Site As Part Of The Public Notification For The Special Exception. This Meeting Date Has Also Been Posted On The City's Website Under The Project Name. This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATIONS: ITEM 1 RECOMMENDATION OF THE PLANNING & ZONING BOARD: At Its Regular Meeting Of October 13, 2010, The P &Z (Planning And Zoning) Board Recommended That The Commission Deny The Deviations. STAFF RECOMMENDATION: Based Upon The Finance Director's Conclusion, As Supported By The Affidavit Of Edward T. Wolpert, PH.D With Raffa Consulting Economists, Inc., That The Information Provided In The Reports By The Applicant As Of The Date Of This Staff Report Is Insufficient To Support Any Conclusion That The Proposed Development Meets The Criteria Contained In Section 20 -321. Of The City's Code Of Ordinances, Staff Must Recommend Denial Of The Special Exception For The Deviation At This Time. Staff Has Been Unable To Determine Whether Or Not The Project Meets The Requirements Set Forth In The Comprehensive Plan Related To The Fiscal Impacts Of The Development (FLU Policy 2.3.4) And Whether The Project Optimizes The City's Tax Base (FLU Policy 2.3.3.). In Addition, The Proposed Development May Not Be Consistent With Housing Element 1.3.13 Of The City's Comprehensive Plan Which Discourages The Concentration Of Affordable Housing And Encourages The Integration Of Affordable Housing. ITEM 2 RECOMMENDATION OF THE PLANNING & ZONING BOARD: At Its Regular Meeting Of October 13, 2010, The P &Z (Planning And Zoning) Board Recommended That The Commission Deny The Final Engineering Plans For The Town Parke Apartment Project. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 11 OF 13 STAFF RECOMMENDATION: The Information Provided In The Reports By The Applicant As Of The Date Of This Staff Report Is Insufficient To Support Any Conclusion That The Proposed Development Meets The Criteria Contained In Section 20 -321. Of The City's Code Of Ordinances. Staff Recommends That The City Commission Deny The Final Engineering Plans For The Town Parke Apartment Project Based Upon The Inability To Determine Whether Or Not The Project Meets The Requirements Set Forth In The Comprehensive Plan Related To The Fiscal Impacts Of The Development (FLU Policy 2.3.4) And Whether The Project Optimizes The City's Tax Base (FLU Policy 2.3.3). In Addition, The Proposed Development May Not Be Consistent With Housing Element 1.3.13 Of The City's Comprehensive Plan Which Discourages The Concentration Of Affordable Housing And Encourages The Integration Of Affordable Housing. ITEM 3 STAFF RECOMMENDATION: If The City Commission Approves The Special Exception And The Final Engineering For The Proposed Project, Staff Recommends That The City Commission Approve The Development Agreement As May Be Modified At The Direction Of The City Commission At The City Commission Meeting. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting Authorization From The Commission To Renew The City's Current Contract For Services With Land Design Innovations, Inc. (LDI), For The Purposes Of Providing Continuing Economic Development Services To The City Of Winter Springs, For Up To An Additional One (1) Year Term. FISCAL IMPACT: Financial Terms Of The FY (Fiscal Year) 2011 Work Order Are Not To Exceed $93,590.00 Annually Plus $2,808.00 For Reimbursable Expenses. Funds Are Appropriated In The Adopted FY (Fiscal Year) 2011 Budget For This Purpose. COMMUNICATION EFFORTS: No Additional Communication Efforts Are Needed At This Time. RECOMMENDATION: The City Manager Recommends That The City Commission Authorize The City Manager To Renew The City's Current Contract For Services With Land Design Innovations, Inc. For The Purposes Of Providing Continuing Economic Development Services To The City Of Winter Springs, For Up To An Additional One (1) Year Term, Ending On Or Before September 30, 2011 And Authorize The City Manager And City Attorney To Prepare And Execute Associated Documents With Land Design Innovations, Inc. REGULAR 601. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Any Remaining Appointments To The City's New "Parks And Recreation Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -07. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Parks And Recreation Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Parks And Recreation Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210 - 51214). Parks And Recreation Department Liaison Staff Costs Have Been Absorbed Otherwise. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 12 OF 13 COMMUNICATION EFFORTS: As Requested By The Mayor And City Commission (As Noted On Attachment "A" Of This Agenda Item), The City Clerk Has Been In Touch With The Individuals Who Have Been Appointed, To Find Out Which Of The Nine (9) Suggested Categories They Would Represent And That Information Has Been Forwarded To The City Commission. This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Requested To Make Three (3) More At Large Appointments To The "Parks And Recreation Advisory Committee ". REGULAR 602. Office Of The City Attorney REQUEST: Presents His Formal Written Legal Opinion Regarding The Application Of The Proposed "Lame Duck" City Charter Amendment On The Incumbent Mayor And City Commissioners If Approved By The City Electors On November 2, 2010. FISCAL IMPACT: None. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. Advance Copies Of This Agenda Item Were Distributed To The Mayor, City Commission, City Manager, City Clerk, Mayor -Elect Lacey And Commissioner - Elect Resnick On October 15, 2010 By email. RECOMMENDATION: The City Attorney Recommends That The City Commission Accept The Attached Legal Opinion. In Addition, If The "Lame Duck" Charter Amendment Is Approved By The City Electors, The City Commission Should Direct The City Manager And City Clerk To Schedule The Swearing In Of Mayor -Elect Lacey And Commissioner -Elect Resnick After The November 2, 2010 Election, But On Or Before The Next Scheduled City Commission Special Or Regular Meeting. ADJOURNMENT CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 13 OF 13 PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend. This Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327 -1800 "at least 48 hours prior to the meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes.