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.