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HomeMy WebLinkAbout2010 10 25 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES 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 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 2 OF 29 CALL TO ORDER The Regular Meeting of Monday, October 25, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush introduced Mr. Charles Lacey, Mr. Cade Resnick, and Deputy Mayor Rick Brown as the incoming Elected Officials who were Elected Unopposed. 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. No discussion. INFORMATIONAL 101. Utility Department REQUEST: Providing An Project. Update On The Status Of The SR (State Road) 46 Alternative Water Supply CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 3 OF 29 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. There was no discussion on this Agenda Item. 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) [20'111 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. RECOMMENDATION: N/A (Not Applicable) Commissioner Gary Bonner said to City Manager Kevin L. Smith, "I just wanted to extend to the Manager and to the Staff— well done! This is really terrific to see this happening, so I just wanted to thank you for that and please pass that along to Shawn (Boyle, Director, Finance and Administrative Services Department)." Commissioner Bonner added, "Thank you. I am really very pleased." Manager Smith noted, "It is our pleasure." "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORI)A MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 4 OF 29 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. There was no discussion on this Agenda Item. 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. No discussion. 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). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 5 OF 29 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. 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. This Agenda Item was not discussed. 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 #BI09-2476 With DPC Enterprises, L.P. For The Purchase Of Gas Chlorine At $527.00 Per Ton. There was no discussion on this Agenda Item. 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. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 6 OF 29 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. 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. This Agenda Item was not discussed. "MOTION TO APPROVE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER MCGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. 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. Mayor Bush presented Resolution Number 2010-27 to Mr. Arsenio Calle for his Service to the City 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. Mayor Bush presented Resolution Number 2010-29 to Mr. Jim Pitts for his Service to the City as a Member of the City of Winter Springs' Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 7 OF 29 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. Mayor Bush presented Resolution Number 2010-32 to Ms. Cara Lynn Roesner for her Service to the City as a Member of the City of Winter Springs' Beautification of Winter Springs Board. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith remarked, "The Commission may recall that you previously gave myself authority to pursue options relative to Red Light Cameras and that there was a date certain placed on that directive, I believe October 31' which is closely approaching. We believe that we had a good proposal for revenues and costs with our current carrier but for a few reasons, it doesn't look like that proposal is going to hold up; so, more than likely, we'll be coming back to you with a recommendation to go back out to bid." Secondly, Manager Smith addressed some issues of concern - pill mills and internet gambling and asked the City Commission to hear a brief report from Chief of Police Kevin Brunelle, Police Department. Chief Brunelle addressed the City Commission on and pill mills/pain clinics and internet gambling and spoke of a proposed County -wide Ordinance adding, "What we're asking for tonight is to give us Approval to go forward with a moratorium until we can come together with an Ordinance that will prevent these in the City." Commissioner Joanne M. Krebs said to City Attorney Anthony A. Garganese, "Are you aware of any — activity in the Florida League (of Cities) regarding this issue and if not, then we probably should get to them too." Attorney Garganese stated, "I am aware that other jurisdictions are looking into this issue because it really has been a problem, especially in southern Florida. The League, I'm sure has some information on this, but as the Chief and the City Manager and I have been talking about this, if the City wants to really study this issue and possibly regulate it from a Land Use standpoint, then we would recommend that the City Commission direct us and prepare a Moratorium Ordinance which we'll present to you at your next Meeting. As the Chief mentioned, the County now is starting to look at this issue as well, but my recommendation would still be that the City Adopt a Moratorium. The Commission can study the issue and then decide whether they want to join forces with the County on a County -wide Ordinance or do something on your own, or all of the above. It's an issue that needs to be addressed from a Land Use standpoint." Manager Smith commented, "Mayor and Commissioners, I concur - and we'd like to come back to you all at your next Meeting with said Moratorium Ordinance for your consideration; further discussion as deemed warranted." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 8 OF 29 Commissioner Krebs asked, "Would you like a Motion right now?" Attorney Garganese commented, "Yes. If that's what the Commission desires — our recommendation is that you pursue studying this and you may need to take some Legislative actions. Our recommendation is that you direct us formally with a Vote to proceed with preparing a Moratorium Ordinance." "I WILL MAKE THAT MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER MCGINNIS: AYE MOTION CARRIED. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, AMC City Clerk Andrea Lorenzo-Luaces mentioned a previous discussion of the City Commission related to Dissenting Votes at Planning and Zoning Board/Local Planning Agency Meetings. Discussion. Mayor Bush commented, "Why couldn't the Chair of the P&Z (Planning and Zoning Board[/Local Planning Agency]) ask dissenting people if they chose to state their objections for the Minutes?" With further comments, Mayor Bush stated, "I just recommend that we ask the Chair of the P&Z (Planning and Zoning Board/Local Planning Agency) to ask each if it is a Dissenting Vote, if they wish to have their objections recorded in the Minutes." Commissioner Sally McGinnis added, "Their rationale." Commissioner Krebs commented, "I agree." Commissioner Krebs stated, "You just need a Consensus?" Deputy Mayor Brown stated, "I think we are good Mayor." No objections were voiced. City Clerk Lorenzo-Luaces asked, "And that is only for the Planning and Zoning Board[/Local Planning Agency], correct?" Mayor Bush stated, "That is the one we talked about." REPORTS 403. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey mentioned that next Tuesday is Election Day. Secondly, Commissioner Hovey thanked Mayor Bush and Commissioner McGinnis for their contributions to the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 9 OF 29 REPORTS 404. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Rick Brown had "No Report" but yielded his time to a presentation from the "Festival of the Arts." ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE DISCUSSED FIRST, AS NOTED. ❖ ❖ AWARDS AND PRESENTATIONS Ms. Brenda Brown and Ms. Cynthia Sucher representing the Winter Springs "Festival of the Arts" presented a framed signed poster to the City. Mayor Bush thanked the Oviedo -Winter Springs Regional Chamber of Commerce and the "Festival of the Arts" Committee for the successful Event. ❖ ❖ AGENDA NOTE: THE FOLLOWING REMAINING REPORTS WERE DISCUSSED NEXT, AS NOTED. ❖ ❖ REPORTS REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner spoke about economically disadvantaged citizens in the community needing assistance with water and sewer bills, and suggested that "We could modify our current Water Bill, to place on the Water Bill an opportunity for citizens of their own initiative to tender a donation to a pool of funds that could be used to satisfy at least the water and sewer obligation of citizens who find themselves in an inability to pay their debt for these services." Continuing, Commissioner Bonner stated, "My suggestion is that I spend some time with the Manager, with the Finance Director - we look to see if there is a technical way that we may be able to do this; spend time with the Attorney to see if there is an opportunity for us to do this". Furthermore, Commissioner Bonner mentioned that a citizen group could possibly be formed to oversee the distribution of funds. Discussion followed on concerns with the distribution of funds and possible confidentiality. Mayor Bush noted, "Discussing this with Kevin (Smith) and Anthony (Garganese) might be the next step." Commissioner Krebs asked, "If we could get with Staff to find out if our system can handle that. I think that is a great idea, Commissioner." Commissioner Bonner stated, "I will go ahead and get with Staff and the Attorney and so on, and hopefully we will have this back before you, at least the resolution of an ability to do that. I thank you for your support on behalf of those in need." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 10 OF 29 REPORTS 406. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Referencing efforts related to advertising on eBay® by City Staff, Commissioner Sally McGinnis stated, "I would like to relieve that burden from Staff and remove that as an option." Mayor Bush asked, "Why don't you make that a Motion, Commissioner." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MAYOR BUSH STATED THAT THE MOTION WAS "TO REMOVE FROM STAFF THE RESPONSIBILITY OF PUTTING SURPLUS ITEMS ON eBay®." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER MCGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Next, Commissioner McGinnis stated, "I cannot tell you how much I have enjoyed serving the City for the last eight (8) years", and urged others to run for Elected Office. REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs thanked Mayor Bush and Commissioner McGinnis for their Service to the City. Secondly, Commissioner Krebs recognized former Commissioner Donald A. Gilmore; former Mayor Paul P. Partyka, and Mr. Mike Schrimsher who were in attendance. Mayor Bush also acknowledged former Commission Edward Martinez, Jr. who also was attending this Meeting. REPORTS 408. Office Of The Mayor — The Honorable John F. Bush Mayor Bush stated, "It has been a real pleasure and privilege to serve as Mayor of the City for eleven (11) years, and I just want to let the citizens know that I think this Commission and the Staff that we have, is the best I have ever seen it, since I have been the Mayor. It is easy being the Mayor when you have good Commissioners." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 11 OF 29 PUBLIC INPUT Mayor Bush commented that Mr. Jerome Schmerling did not wish to address the City Commission and noted he was "Opposed to (Public Hearings Agenda Item) `500'." 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 I't 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 2°d Reading/Adoption Public Hearing Oct. (October) 25, 2010 - City Commission Public Hearing For 2nd Reading/Adoption Of Ordinance 2010-08 RECOMMENDATION: P&Z(PLANNING AND ZONINGULOCAL 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. Attorney Garganese read Ordinance 2010-08 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item and showed a PowerPoint presentation. Discussion. Tape 1/Side B CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 12 OF 29 Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: suggested that the owner -occupancy requirement be added back for the primary residence or Accessory Dwelling Units and that it not be eliminated; commented that she supported what the Planning and Zoning Board/Local Planning Agency suggested regarding utilities not being separated, and thought that Accessory Dwelling Units helped provide affordable housing in the City. Mr. Ted Johnson, 1107 Pleasant Circle, Winter Springs, Florida: noted that he opposed the Ordinance and displayed photographs of possible problems with an Accessory Dwelling Unit located next to his property. Discussion. Mr. Donald A. Gilmore, 803 Leopard Trail, Winter Springs, Florida: commented on concerns he had with. Accessory Dwelling Units, and suggested that the City Commission either Vote this down or Table the Agenda Item. Ms. Sharon Sheehan, 211 Heatherwood Court, Winter Springs, Florida: remarked about Accessory Dwelling Units and thought more information should be provided to the public. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed on lot size; on -street parking; access; owner -occupied options; commercial businesses; a possible Ordinance with a Resolution establishing criteria; concentration levels; and adherence to the City's Comprehensive Plan. Attorney Garganese stated, "To sum it up, the Commission could take a far more measured approach in trying to roll this concept out if you chose." Commissioner Krebs commented, "Now that is a good idea. How do you think we should do that?" Attorney Garganese replied, "You could address the lot size initially, that would reduce the application, the scope of this Ordinance. You can try owner -occupancy just to see how that works. You also can do a perspective effective date to give Staff an opportunity to work out some of the administrative details. You could put a one (1) year `Sunset' on the Ordinance, so you could review how it works out." "I WILL MAKE A MOTION TO TABLE." MOTION BY COMMISSIONER BONNER. MOTION DIED FOR LACK OF A SECOND. Manager Smith stated, "If the Commission is not of the mindset to `Table' this item, I would suggest maybe the `Sunset' approach would be the next most viable option, which would put a Date Certain for this to end and have to be reviewed; then come back with all the appropriate studies and results to see how it is or is not working and the decision can be made at that time." Attorney Garganese remarked, "In addition, the other issues that the Commission has commented on, was the owner -occupancy issue. You seem to be kind of going both ways on that larger lot size. I think Eloise (Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department ) indicated that if you increase the lot size to 6,600 feet, that would reduce the scope, and she enumerated the subdivisions that would no longer be eligible for an ADU (Accessory Dwelling Unit). And if you were inclined to make those modifications, I would recommend that you identify which modifications you want to make and then tell us whether or not you want to do a `Sunset', and whether or not you want to make this Ordinance effective in thirty Q0), sixty (60) days from the date of Adoption. You all have that prerogative under the Law." CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 13 OF 29 Commissioner Bonner noted, "I was going to ask the Commission since I don't have support for `Tabling' if there is support for reinforcing `No commercial business', which is already elsewhere within our Code, but just reinforcing that within this." Commissioner Krebs remarked, "Absolutely." Furthermore, Commissioner Bonner asked, "Any objection to that so that we can direct the Attorney to add that in?" Commissioner Krebs added, "No. I agree with that." No objections were noted. Mayor Bush summarized, "The items that have been mentioned: no commercial; minimum 6,600 square foot lot size; owner -occupied; and a "Sunset' provision." Attorney Garganese added, "There is a minimum one (1) parking space requirement for an ADU (Accessory Dwelling Unit) under the Draft Ordinance. In addition, parking is going to be coming up under the Conditional Use Criteria." Commissioner Krebs remarked, "I don't want the solution to be parking on the street. Because the main resident will give up their parking space, so to speak, so that they meet that Criteria, but in fact, it is not really a solution." Further comments followed on parking. Related to parking, Attorney Garganese added, "The Draft Ordinance says you have to have a minimum one (1) additional parking space and that ADU (Accessory Dwelling Unit) must be served by the same driveway as the principal dwelling, so the access remains the same. In conjunction with that, about a year and a half ago, the Commission Adopted the Amendment for the driveways — and the intent of that Ordinance was to provide additional parking spaces under very limited conditions of extending driveways. That Ordinance would kind of go in conjunction with this requirement. Those parking spaces have to be on site, has to meet the design requirements of your existing parking regulations, and has to be accessed by the same driveway. And it requires a Conditional Use." Commissioner Krebs then added, "And it is a Conditional Use that has to come before us." Attorney Garganese remarked, "Correct." "I WILL MAKE THE MOTION THAT WE APPROVE ON SECOND READING WITH INCORPORATING THE EXCEPTIONS AND CONDITIONS THAT WE HAVE DISCUSSED TO INCLUDE NO COMMERCIAL USE OF THE PROPERTY, WITH THE MINIMUM LOT SIZE OF 6,600 SQUARE FEET, WITH AN EFFECTIVE DATE OF SIXTY (60) DAYS FROM THE DATE OF ADOPTION, PROPERTY MUST BE OWNER -OCCUPIED, PARKING MUST BE PER THE ORDINANCE ON PROPERTY, WITH A `SUNSET' FOR FULL REVIEW IN ONE (1) YEAR." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER KREBS ASKED, "CAN WE AMEND THAT TO NINETY (90) DAYS?" MAYOR BUSH STATED, "THE MAKER OF THE MOTION AGREED TO NINETY (90) DAYS." DEPUTY MAYOR BROWN AGREED. COMMISSIONER HOVEY ADDED, "NOT A PROBLEM." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 14 OF 29 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. 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(Plannine 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. Attorney Garganese read Ordinance 2010-18 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 15 OF 29 Ms. Sahlstrom spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MCGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. 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 Implementation Schedule: Oct. (October) 25, 2010 - City Commission 2°d 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)] CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 16 OF 29 RECOMMENDATION: P&Z(PLANNING AND ZONING BOARDVLOCAL 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). Tape 2/Side A Attorney Garganese read Ordinance 2010-20 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER MCGEIiMS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. 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. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 17 OF 29 First Is The Question Of Appropriateness Of The RIMS H 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 H — 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 H Multiplier Was Not The Optimal Model For The Town Parke Report. The Discussion Then Turned To The Fiscal Impact Analysis Model (FLAM), 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 (i.e., 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 FIRM 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? 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 18 OF 29 3) What Were The Customized Variables/Inputs Into The RIMSH Or FIRM 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 "8-23-20I0 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. I .I �CK�3� ITI �►117:11 Y C�7►`[. 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. I II krWA is 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, FLORMA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 19 OF 29 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. Attorney Garganese spoke on this Agenda Item and referenced a document entitled "SUMMARY HEARING OUTLINE" and noted that he had provided the Applicant with a copy also. Attorney Garganese commented for the Record that all fact and expert witnesses will be sworn in as requested by the Applicant. Attorney Garganese also noted for the Record, that Staff had provided a stack of emails. These documents were entered into the Record. The Mayor and Members of the City Commission announced any Ex Parte communications they have had. Attorney Garganese commented on correspondence that Commissioners had received would also be entered into the Record, and specifically stated, "The letter dated October 20t' from Atlantic Housing Partners which was addressed to all of our Commissioners and the Mayor which reflects the Village at Palm Coast in Flagler County, so I've identified that as an Exhibit for the Record." Ms. Rebecca Furman, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: noted regarding disclosures, "We just have the emails we sent and the same letter, could we put that in Evidence, just in case." Attorney Garganese swore in individuals who would be providing Testimony. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department spoke in depth on this Agenda Item. Mr. Shawn Boyle, Director, Finance and Administrative Services Department introduced himself for the Record, and commented comprehensively on the Fishkind & Associates, Inc. Report, economic models, and other related matters. Tape 2/Side B Further comments followed. Attorney Garganese swore in additional individual(s) who would be providing Testimony. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 20 OF 29 Dr. Edward T. Wolpert, Raffa Consulting Economists, Inc., 17 South Osceola Avenue, Orlando, Florida: addressed the City Commission on findings related to economic models. Discussion. Mayor Bush read from Mr. Wolpert's Affidavit and stated, "Number ` 14. The economic impact analyses contained in the Fishkind reports are completely lacking in substantiation, and silent with regard to how the conclusions of the studies were actually derived. As a result, it is not possible for me, or anyone else outside of Fishkind, to confirm or refute the conclusions drawn in these analyses'." Discussion ensued. Mr. Stevenson further addressed the City Commission on this Agenda Item. Attorney Garganese swore in additional individual(s) who would he providing Testimony. Next, Ms. Furman further addressed the City Commission on this proposed project. Attorney Garganese asked Ms. Furman, "Each of your witnesses will be testifying to the information that's in the binder?" Ms. Furman responded, "Yes, that and any additional information that's brought up tonight." Ms. Furman continued with her comments on this proposed project. Dr. Hank Fishkind, President, Fishkind & Associates, Inc., 12051 Corporate Boulevard, Orlando, Florida: introduced himself for the Record and addressed the City Commission on his fiscal models. Mayor Bush commented about increasing tax revenues in the City and the models used and said to Dr. Fishkind, "If the data is available for the City, why wouldn't you want to use it and present it?" Discussion. Ms. Furman spoke on the proposed project and providing competent and substantial Testimony. Tape 3/Side A Mayor Bush commented, "The Commission is very concerned about Economic Development as we all should be right now, and so we are wanting to get the greatest amount of tax revenue out of all of the available properties left in the City to do something about this disparity between residential and commercial and we are concerned about Winter Springs; and I know you said, well you could use these studies to do the County but — that doesn't pass the smell test with me. If the data is available for the City, why wouldn't you want to use it and present it, even if you can say, `Well it is not going to be any different'. I would just like to see that it is not any different, if it is available, and evidently a very minimal cost. Why wouldn't you do that?" Mr. Fishkind further addressed the City Commission. Ms. Furman again commented on the proposed project. Mr. Joel A. Ivey, President, Ivey Planning Group, 1349 South International Parkway, Suite 2441, Lake Mary, Florida: addressed the City Commission about his credentials and this proposed project. Ms. Furman briefly addressed the Code. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 21 OF 29 Mr. Randall Slocum, President, Slocum Platts Architects, 200 East New England Avenue, Suite 300, Winter Park, Florida: spoke to the City Commission about his credentials and this proposed project. Mr. David Glunt, P.E., Principal, Madden, Morehead & Glunt, Inc., 431 East Horatio Avenue, Suite 260, Maitland, Florida: addressed the City Commission about his credentials and this proposed project. Mr. Karl Krichbaum, J & B Engineers, 2602 Livingston Street, Orlando, Florida: spoke to the City Commission about his credentials and this proposed project. Mr. Rick Conant, FASLA, Foster Conant & Associates, Inc., 120 West Robinson Street, Orlando, Florida: addressed the City Commission about his credentials and this proposed project. Next, Ms. Furman commented on the Development Agreement. Mr. Ivey further spoke to the City Commission on the Housing Element and Affordable Housing. Mr. Calvin E. Gardner, MAI, President, Gardner Consulting Services, Inc., 1800 North Orange Avenue, Suite 200, Orlando, Florida: spoke to the City Commission about his credentials and this proposed project. Ms. Furman further addressed the City Commission. Mr. W Scott Culp, Executive Vice President, Atlantic Housing Partners, LLP, 700 West Morse Boulevard, Suite 220, Winter Park, Florida: addressed the City Commission on the evolution and merits of this proposed project. With further comments related to the proposed project, Mr. Culp stated, "The biggest concerns that were raised over and over again were having to do with crime and schools. And we thought, `How do we best address the concerns of crime and schools?' Obviously a Seniors community that we have restricted to no occupants under the age of eighteen (18)." Additionally, Mr. Culp then noted, "One of the concerns that I have heard raised is this issue of the `80/20' and our ability to change that and we did offer the housing for older persons act. We would still continue to move forward with this if you said that you don't want the twenty percent (20%) eligibility to be included in that; if you wanted a condition that all of it be for those households with a person fifty-five (55) years or older." Mr. Culp also spoke of occupants under the age of eighteen (18). Attorney Garganese explained, "The next step in the process would be, any interested party desiring to present factual and or expert Testimony in Evidence in favor of the Applicant's Application has an opportunity to present that Evidence now." Attorney Garganese noted, "I don't see anybody." Next, Attorney Garganese stated, "We will move onto the next category. Any interested party desiring to present factual and or expert Testimony in Evidence objecting to the Applicant's Application?" Attorney Garganese mentioned that any interested individuals speaking as an expert would need to present their qualifications for the Record. Attorney Garganese swore in additional individuals) who would be providing Testimony. Mr. Steve Blount, 149 Cherry Creek Circle, Winter Springs, Florida: commented on his credentials, gave a notebook to Attorney Garganese, and provided a document entitled "TOWN PARKE" to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 22 OF 29 Discussion Mr. Blount said to Mr. Culp, "I believe that your Novogradac (and Company LLP, Certified Public Accountants) Study said that vouchers would be accepted and you by law, probably have to accept them? Is that correct?" Mr. Culp stated, "I will address the Commissioners." Commissioner McGinnis asked about "The income levels for this project." Mr. Stevenson responded, "There are three (3) separate areas of these units. Ten percent (10%) of the units are set aside for incomes at thirty-three percent (33%) of the Area Medium Income. That is a range of fourteen thousand to twenty-three thousand dollars ($14,000.00 — $23,000.00); seventy-nine percent (79%) of the units are at incomes at sixty percent (60%) of AMI (Area Medium Income) which equates to twenty-five thousand to forty- two thousand dollars ($25,000.00 — $42,000.00), and then eleven percent (11%) of the units as I understand it are unrestricted." Ms. Furman then addressed Mr. Blount on his comments. Mr. Culp stated, "With regard to public housing and project based subsidized housing and those are defined terms, public housing and project based subsidized housing do address a hundred percent (100%) of that housing, below the extremely low income. Well, we have ten percent (10%) of that below thirty-three percent (33%)." Tape 3/Side B Continuing, Mr. Culp commented on public housing and project based subsidized housing. Mr. Blount reiterated his question to Mr. Culp, and said "It appears in the Novogradac (and Company LLP, Certified Public Accountants) Market Study that was submitted, the revised market study that was submitted, that there was a comment from an Official of Seminole County, and I believe it was a woman, that she expected that some voucher recipients would be qualified for and would become residents of this project. I was just asking if that was accurate enough?" Mr. Culp replied, "With regard to that, that is accurate — if you will remember, the first page of the summary for the Board, shows that we have ten percent (10%) of our units at or below the thirty-three percent (33%) AMI (Area Medium Income). Those units are eligible for the `Section 8' income qualified people would be eligible for those units. That is correct." Mayor Bush added, "That is the voucher recipients?" Mr. Culp stated, "That is correct." Commissioner McGinnis remarked, "Ten (10) units?" Mr. Culp stated, "It's actually, I think they round up, so ten point eight (10.8) would be eleven (11) units; that would be eligible for that. It doesn't mean you have to have `Section 8' people in there. They would be eligible to apply." Attorney Garganese asked, "Any other interested parties desiring to present factual or expert Testimony, objecting to the Applicant's Application?" Ms. Tracy Crowe, President, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: commented on Land Uses, the best use of the property, and fiscal analysis. Ms. Furman addressed Ms. Crowe on her comments. Attorney Garganese stated, "Any other interested parties want to present factual or expert witness Testimony objecting or neutral to this particular project?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 23 OF 29 No one spoke. Commissioner Hovey mentioned she had just opened a letter in favor of this project and provided the letter from Ms. Sarah Schwemin, dated October 20, 2010. Attorney Garganese said it would be added to the Record. Discussion followed on Economic Development; bringing in smart growth; and economic impact as noted in the City's Comprehensive Plan. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Steve Blount, 149 Cherry Creek Circle, Winter Springs, Florida: representing the Reserve at Tuscawilla Homeowner's Association, Mr. Blount commented on the vision of the Town Center, segregating seniors, New Urbanism, and mentioned some conflicts with meeting the Code. Ms. Suzanne Walker, 1012 Winter Springs Boulevard, Winter Springs, Florida: representing the Oak Forest Homeowner's Association, Ms. Walker said this proposed project did not seem to be the best Use for this land, and noted opposition to this proposed project. Mr. Charles M. Kleinknecht, 108 Cherry Creek Circle, Winter Springs, Florida: as the Vice President of the Reserve at Tuscawilla Homeowner's Association, Mr. Kleinknecht noted their unanimous disapproval from their Board of Directors and residents of this proposed project; and mentioned concerns with decreasing property values, an increase in crime, conflicts with Land Use, and the Cross Seminole Trail. Mayor Bush read from Mr. Scott Harden's Public Input form and said, "He does not want to address the Commission but — on behalf of the Chelsea Woods Homeowner's Association Board, we are opposed to proposed Town Parke apartment project due to the known negative impact similar projects have had on surrounding communities with regard to property values and criminal activity." Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: representing the Creeks Run Homeowner's Association as their President, Mr. Martinez commented on the proceedings, the Town Center Code, whether this project fits in with surrounding residences, and listening to the residents. Deputy Mayor Brown commented for the Record on previous comments and Quasi -Judicial Hearings. Mr. Kevin Cannon, Esquire, Post Office Box 3151, Orlando, Florida: noted he was speaking at the request of the President of the Howell Creek Reserve and Eagle's Watch Homeowner's Associations, and commented on 316.3194 (1) (a) and the word "shall"; and the concentration of affordable housing. Commissioner Krebs stated "Point of Order" and commented on addressing the Mayor. Mr. Cannon then spoke referred to Tab 5 of the binder submitted by the Applicant and noted a reference to Senior Housing in Mr. Ivey's Affidavit, mentioning that it seemed that all the Affidavits had been prepared by the Law Firm that Ms. Furman is associated with. Mr. Cannon then asked that the project be Voted down. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association, Ms. Carroll commented in opposition to this proposed project and read from a previous decision of the Homeowner's Association in opposition to this proposed project; and commented on a requested Rental Housing Study. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 24 OF 29 Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: suggested that there was not a need for this kind of housing and hoped that the Commission could try to get occupants for the homes that are currently not occupied in the City, and noted that he did not see any benefit of this kind of project in the City. Mr. Charles J. Edwards, 117 Cherry Creek Circle, Winter Springs, Florida: as a new resident from Pennsylvania, Mr. Edwards commented on this project not being revenue neutral, and thought that citizens would pay higher taxes if this Project was approved. Ms. Sarita Forbes, 302 Heatherwood Court, Winter Springs, Florida: noted her opposition to this proposed project and thought it would be a detriment to the Town Center. Mr. Ralph Waterhouse, 314 Balfour Drive, Winter Springs, Florida: did not think this site was suitable for the proposed project, referenced the Novogradac and Company LLP, Certified Public Accountants Study, mentioned he had concerns with crime if this project was Approved, and asked if this had gone through the Development Review Committee. Tape 4/Side A Ms. Sharon Sheehan, 211 Heatherwood Court, Winter Springs, Florida: asked if the City Commission had received a handout and noted they should send the City Commission a copy, spoke of property values, safety concerns living on the Trail, and issues related to crime. Ms. Sheehan also thought that Mr. Boyle deserved an apology and said to Mr. Boyle, "I do as a resident, appreciate all the hard work and your attempt to understand what they were doing." "MOTION TO EXTEND." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Deputy Mayor Brown clarified that the extension of the Meeting was for "Sixty (60) minutes." Mr. John Russo, 202 Heatherwood Court, Winter Springs, Florida: commented on his concern with crime, remarked about the long-term picture, and did not think this proposed project was the best use for this site or Winter Springs. Mr. Phil Karwowski, 202 Torcaso Court, Winter Springs, Florida: thought there were too many high density projects and commented on parking in the Town Center and the need for high traffic roads, egress/ingress on Tuskawilla Road, concern with failed developments, and noted he was opposed to high density projects. Mr. Scott Ryerson, 720 Bear Creek Circle, Winter Springs, Florida: spoke of wants and needs and did not think this proposed project was wanted, and asked the City Commission to Vote against this proposed project. Mr. Mark Cecere, 1004 Sapling Drive, Winter Springs, Florida: commented on low income housing and spoke of negative impacts on property values. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 25 OF 29 Mr. Tom Kasbohm, 206 Heatherwood Court, Winter Springs, Florida: spoke of needs and wants, why he chose to live here, the Town Center, asked the City Commission to consider what the citizens were saying, and mentioned that Winter Springs was regarded as a safe community. Mr. Jim Hansherger, III Cherry Creek Circle, Winter Springs, Florida: mentioned he had attended all of the public meetings on this issue and that most people were against this project; and spoke about the distribution of wealth, and that this was the wrong project. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese stated, "Regarding the procedures, if you recall, the Commission Adopted 2010-21 which put the Planning and Zoning Board within the Town Center procedures and some of the nomenclature and the Code was changed regarding the Development Review Committee; and the Planning and Zoning Board's role that may be causing a little confusion because if you go on line and look at the Code, it still has the old version. It doesn't have 2010-21, so procedurally, the Special Exceptions and the project went to the Planning and Zoning Board for a recommendation, to the City Commission who now sits in two (2) capacities as the DRC (Development Review Committee) and the City Commission regarding this project, consistent with 2010-21 which was adopted a couple of months ago." With further comments, Ms. Furman noted, "No Comprehensive Plan Amendment has been requested or granted in connection with this project." Mr. Culp further addressed the City Commission on this proposed project. Attorney Garganese remarked, "I just want to make sure that this project is framed properly, because there were some last minute Amendments and I believe there were some representations regarding the unit occupancy. I think I heard Mr. Culp say that a hundred percent (100%) of the units will be restricted to fifty-five (55) plus..." Ms. Furman stated, "...If it's the Commission's will, we offered the `80/20'. If it's the Commission's will that is a hundred percent (100%), we would agree to that." Continuing, Attorney Garganese added, "Secondly, there would be an age restriction, no one would occupy any of the units under the age of eighteen (18)." Ms. Furman responded, "Correct." Discussion. "I WILL MAKE A MOTION THAT WE FOLLOW STAFF'S RECOMMENDATION AND DENY." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER MCGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese then said, "There were some extensive discussion regarding that Novogradac (and Company LLP, Certified Public Accountants) Findings. That Report is on line and I know the Commission had access, everybody had access to the Novogradac (and Company LLP, Certified Public Accountants) Study, so that document is in the Record; and then Agenda Item `500' which was referenced in the Staff Report also is part of the Record, as well as the Commission's decision regarding that Agenda Item." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 26 OF 29 Additionally, Attorney Garganese said to the City assuming that is all three (3) items, one (1) Motion. Krebs stated, "Yes." No objections were voiced. REGULAR AGENDA Commission, "Based on your decision of denial, I am Is that correct?" Deputy Mayor Brown and Commissioner 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 2011 Work Order Are Not To Exceed $93,590 Annually Plus $2,808 For Reimbursable Expenses. Funds Are Appropriated In The Adopted FY 2011 Budget For This Purpose. COMMUNICATION EFFORTS: No Additional Communication Efforts Are Needed At This Time. RECOMMENDATION: The City Manager Recommends That The City Commission Authorize The City Manager To Renew The City's Current Contract For Services With Land Design Innovations, Inc. For The Purposes Of Providing Continuing Economic Development Services To The City Of Winter Springs, For Up To An Additional One (1) Year Term, Ending On Or Before September 30, 2011 And Authorize The City Manager And City Attorney To Prepare And Execute Associated Documents With Land Design Innovations, Inc. Manager Smith briefly began the discussion on this Agenda Item. Discussion ensued on current services, plans for Economic Development, and other Economic Development options. Tape 4/Side B With further comments on possible options, Commissioner Bonner suggested that the City Manager be held responsible for the current Vendor's performance. Discussion followed on the City Manager being pro -active in his search for a new Economic Development Vendor. Ms. Tracy Crowe, President, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission on her company's efforts, and that she had offered eleven thousand dollars ($I1,000.00) for "Free hourly work". Furthermore, regarding a new Vendor, Ms. Crowe remarked, "I will help you search for them." Ms. Crowe then mentioned a binder she had that contained what their company had produced and noted, "The only thing that is rolling over is the Website and the completion of the revisions for the brochure and that is because Staff has asked for different pictures and things of that nature; there is clean-up of parcel data — there is not much more than that to it." Discussion followed on a possible Bid, and Logos for the City. Deputy Mayor Brown stated, "Point of Order" and spoke of extending the Meeting. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 27 OF 29 Discussion. "MOTION TO EXTEND". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER MCGINNIS: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. "MOTION TO APPROVE". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO APPROVED ITEM `600'." VOTE: COMMISSIONER MCGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. 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. 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. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 2010 PAGE 28 OF 29 RECOMMENDATION: The City Commission Is Requested To Make Three (3) More At Large Appointments To The "Parks And Recreation Advisory Committee". Mayor Bush suggested, "I recommend that we Table (Agenda Item) `601'." "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. 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 Neat Scheduled City Commission Special Or Regular Meeting. Attorney Garganese spoke on this Agenda Item and his Legal Opinion. Discussion followed on a Swearing -In type Ceremony. "I WILL MAKE A MOTION TO ACCEPT THE LEGAL OPINION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 25, 2010 PAGE 29 OF 29 Manager Smith asked, "Do you want to have any type of Inauguration..." Commissioner Krebs stated, "...Yes..." Manager Smith continued, "...Ceremony that expends public funds? And if so, how much?" Commissioner Krebs then said, "Why wouldn't the citizens want to be able to celebrate the new Election?" Commissioner McGinnis agreed. Commissioner Krebs added, "Yes." Discussion followed with City Clerk Lorenzo-Luaces on how much had been spent in previous years and that at previous Inauguration Ceremonies, the City had provided Invitations, Programs, coffee, cake, and refreshments. Commissioner McGinnis remarked, "That is good". Commissioner Krebs agreed. Furthermore, Commissioner McGinnis suggested that each person could have Invitations sent out. Additional discussion ensued on Invitations and the City Clerk was asked to check how the last Inauguration Ceremony was handled. Discussion followed on this matter, Announcements versus Invitations, possible dates, and whether there would be two (2) City Commission Regular Meeting dates in November. Deputy Mayor Brown suggested that the City of Winter Springs' Inauguration and Regular Meeting be moved from November 81h, (2010) to November 15`h" , (2010) and not hold a second Meeting in November. Commissioner Bonner and Commissioner Krebs agreed. "MOTION TO HAVE IT ON THE 15TH (OF NOVEMBER 2010) AT 5:15 (P.M.)." MOTION BY COMMISSIONER KREBS. COMMISSIONER KREBS ADDED, "NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00). SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. As to an alternative date for the Inauguration Ceremony should the Referendum question not pass, Manager Smith mentioned the date of December the 61h, 2010." This was agreed to with no objections. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 11:17 p.m. RESP6UL .SUBMITTED: AZ4D RENZO-LUAC S, M' 1C CITY. LERK APPROVED: + MAYOR �-- NOTE: These Minutes were approved at the November 15, 2010 City Commission Regular Meeting.