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HomeMy WebLinkAbout_2006 08 28 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 28, 2006 CALL TO ORDER The Regular Meeting of Monday, August 28,2006 of the City Commission was called to Order by Mayor John F. Bush at 6:30 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 Michael S. Blake, arrived at 6:33 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:35 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. .:..:. AGENDA NOTE: THE FOLLOWING A WARDS AND PRESENTATIONS WERE DISCUSSED FIRST, AS NOTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. Deputy Mayor Michael S. Blake arrived at 6:33 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 2 OF 29 With the assistance of the City Commission, Mayor Bush presented Employee Recognition Awards to the following City of Winter Springs Employees: 5 Years Of Service: Mr. John Baker, Community Development Department; Mr. Chris Caldwell, Parks and Recreation Department; Mr. Eric Nieves, Police Department; Mr. David Raney, Police Department; and Mr. David Robinson, Fire Department. City Manager Ronald W McLemore arrived at 6:35 p.m. 10 Years Of Service: Ms. Robin Bernosky, Police Department; Mr. Robert L. Heatwole, Police Department; and Mr. Ron McLemore, City Manager. 15 Years Of Service: Tom Grey, Fire Department; Mr. Kip Lockcuff, Public Works/Utility Department,' Mr. Doug Seely, Police Department; and Ms. Lena Titus, Police Department. 20 Years Of Service: Mr. David Myers, Fire Department; and Mr. Glenn Tolleson, Police Department 30 Years Of Service: Mr. Tim Lallathin, Fire Department In other presentations, the City's highest Award of Recognition, a "Key to the City" was presented to Fire Chief Tim Lallathin for his excellence in service and his many contributions to the City of Winter Springs. AWARDS AND PRESENTATIONS 101. Office Of The Mayor Issuing A Proclamation For The 2006 Municipal Election. Mayor Bush read a Proclamation proclaiming the 2006 Municipal Election. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 3 OF 29 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED FIRST, AS NOTED. .:..:. REGULAR AGENDA REGULAR 300. Office Of The Mayor Requests The City Commission To Receive A Report From Project Director Shelly Lauten Of Myregion.org Regarding Future Growth In Central Florida. Ms. Shelly Lauten, Project Director, myregion.org, 75 South Ivanhoe Boulevard, Orlando, Florida: addressed the City Commission. Discussion. PUBLIC INPUT Ms. Mary Doty, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: briefly spoke on Regular Agenda Item "308". Ms. Rosanne Karr, 1323 Augusta National Boulevard, Winter Springs, Florida: addressed the City Commission on behalf of the Planning and Zoning Board/Local Planning Agency and provided an update from their latest Advisory Board Meeting related to data the Advisory Board Members have been collecting. With comments on a list of businesses in the City, Mayor Bush said to Ms. Karr, "I will print out a copy and have it mailed to you." Then, regarding where City employees reside, Mayor Bush mentioned the recent Workforce Housing Workshop and said to City Clerk Andrea Lorenzo-Luaces, "Would you see that Ms. Karr gets a copy of the materials that were given to us by Jaimie Ross?" City Clerk Lorenzo-Luaces acknowledged this request. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: commented on political contributions and perception related to the Municipal Election. Tape 1/Side B Brief discussion. Deputy Mayor Blake left the dais at 7:20 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 4 OF 29 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing To Consider Ordinance Number 2006-11, Amending Chapter 9 Of The City Code, As It Relates To The Subdivision Process. Mayor Bush said, "This is First Reading. Need a Motion to read by 'Title' only?" "SO MOYED." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read Ordinance 2006-11 by "Title" only. Deputy Mayor Blake returned to the dais at 7:24 p.m. 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. Much discussion ensued on average lot sizes and calculating lot sizes, to which Attorney Garganese spoke of the intent of the Ordinance and stated, "The average lot size would be the number of acres; that is what we're calculating." Deputy Mayor Blake pointed out, "It says the average shall be defined as the arithmetic mean - says it in the Ordinance." Deputy Mayor Blake noted, "It doesn't matter what the unit of measure is, as long as you use the same unit of measure for both the subject property and the properties around." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 5 OF 29 "I THINK THIS IS A WONDERFUL SOLUTION TO SOMETHING THAT HAS COME BEFORE US ON NUMEROUS OCCASIONS AND I WOULD LIKE TO MAKE A MOTION THAT WE MOVE IT ON." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH SAID, "MOTION BY COMMISSIONER BLAKE FOR APPROVAL. SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Sonesta Pointe (Previously Known As Sonoma Pointe), A 408-Unit Engle Homes Townhouse Development To Be Located In The Town Center On The 40 Acres Immediately South Of St. John's Landing On The East Side Of Tuskawilla Road. Manager McLemore spoke briefly on this Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Commissioner Robert S. Miller suggested, "I would like to see something done to the rear of those buildings - 1 am not really sure what, but to give them some definition that when you are walking down past the rear of the building, it looks attractive." Mr. Michael Maitland, Canin Associates, 500 Delaney Avenue, Suite 404, Orlando, Florida: stated, "I was the head designer on this project. There is stone on the back. It's on the base. You have stucco on this particular building and then you have siding with a break line. And in between that, you're going to have color changes due to the color pallets that we're using. And you actually have four (4) sided architecture because you even have all the windows wrapped and trimmed out just like you do in the front. There are very few of these buildings, and they are in the locations where they may not have the best views and that kind of thing, to get the price points down and to get the smaller square footage for those people that want to buy into this neighborhood. So, to say that there isn't variation - there is a lot of variation, you can see the breaking that's going on." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 6 OF 29 Discussion ensued on the rooflines, and the color variations. Manager McLemore said, "One point on the roof lines. Particularly on the villa units, in your earlier drawings we had the - chimneys on the buildings or 1 don't know if they were fake chimneys or dormers - and they disappeared and 1 really liked them. 1 think they helped to do what the Commission is talking about here." Manager McLemore continued, "I'm just wondering if we can pull some of that back in?" Mr. Maitland said, "I have no objection to doing that. The only thing 1 want to point out is that most of these buildings, when you're walking down the street or you're driving down the street, they're ten feet (10') back from the sidewalk; they're three (3) stories tall, those chimneys aren't going to show up." Manager McLemore said, "Not on the Vista? - I'm only talking about the Vista." Mr. Maitland said, "And we actually only had them on one (1) building, but I'm more than open to putting those back on." With discussion, Commissioner Donald A. Gilmore said, "HV AC (Heating, Ventilation, Air Conditioning) equipment, where is it going?" Mr. Maitland said, "The HV AC (Heating, Ventilation, Air Conditioning) goes between the garages and we actually have a smaller footprint then what you had before which allows us to have a little bit more landscaping to help hide those units. Again, they're in the passes, which are what we're calling the alley ways, so you don't have the AlC (Air Conditioning) units lining down the side of the building. They're all to the rear in the passes and there's plenty of room for landscaping." Discussion. Manager McLemore asked, "What was the - pricing on the units on the vista estimated?" With discussion, Manager McLemore noted, "350 ($350,000) - 400 ($400,000) on the units on the Vista." Tape 2/Side A 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. "I MAKE A MOTION WE APPROVE ITEM '201' WITH PROVISIONS ON THE CHIMNEYS AS AGREED TO BY THE ARCHITECT AND THE CITY MANAGER." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 7 OF 29 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Isis Building-Mounted Signage Proposed For The Front And Rear Of The IDC Town Center Building 2. Mr. John Baker, AICP, Senior Planner, Community Development Department presented his opening remarks related to 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. Deputy Mayor Blake said to Mr. Baker, "Do we know how long these signs plan to be here? Aren't these sort of in a temporary in nature as well, until they are sold out?" Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: said, "We think roughly three (3) years. But they are affixed in a permanent manner and then we can take them down and certainly repair behind that." "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 8 OF 29 PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Villa Grande, A 152 Unit Condominium Development Located On 4.78 Acres In The Town Center On The North Side Of State Road 434, Just East Of The City Hall Building. Mr. Randy Stevenson, ASLA Director, Community Development Department introduced on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Noone spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Manager McLemore advised the City Commission that, "The LaCesse Group has requested from the outset that they be able to use the retention pond - behind City Hall. We built this retention pond to spur the development of the Town Center. We've allowed the James Doran Company to use that retention pond. I don't know how we do that and not allow the same for this Developer, and any other Developers who would be within that drainage basin. Now, initially, when we started, we said 'Well, if you had to build this yourself, it would probably cost you about four hundred thousand dollars ($400,000.00)'." Manager McLemore continued by saying, '''If you made it available to James Doran [Company] and other people, why aren't you making it - available to me. We're adding a really classy development and we need some help like everybody else because our costs have gone up so dramatically'." Furthermore, Manager McLemore suggested that both parties discussed, "What if we split it? We won't require you to pay us four hundred thousand dollars ($400,000.00) for the pond, but you will pay us a two hundred thousand dollar ($200,000.00) contribution to set up a Trust Fund for the City for the arts in the City and that Trust Fund will be used to do art type sculptures, those type of things that would add and enhance the Town Center, add value to it forever. We would not spend it down, it would be a Trust Fund- we would all be able use the interest earned off that Fund and use it as a base to continue to grow the Fund, through contributions, and he was agreeable to that as long as it was a Trust Fund and not just spent all of a sudden on something else - ten (10) miles from the project." Discussion ensued on fire rescue access. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 9 OF 29 Mr. Chad Hochu/i, LaCesse Development Corporation, 650 South Northlake Boulevard, Suite 450, Altamonte Springs, Florida: remarked, "Yes, the colors are the same. They mirror the street side elevations all the way through. It's consistent." Continuing, Mr. Hochuli said, "We do have some balconies on the interior, but most of our balconies are on this street side elevation." Deputy Mayor Blake asked, "Are the units such that they go all the way through so that each unit has an exposure to the street side and the interior side?" Mr. Hochuli replied, "No, it's broken up. There are some units that actually face just the interior corridor and half the units face the street side." Mayor Blake asked, "So there are some units that wouldn't have a balcony at all?" Mr. Hochuli said, "There are some units that would not have a balcony at all. Yes, but there are several units that have balconies in the interior elevation." Deputy Mayor Blake then inquired, "How big are the units?" Mr. Hochuli replied, "They average from - a little bit over 1300 [square feet] to - close to 1700 [square feet]." Next, Deputy Mayor Blake asked, "And projected price points?" Mr. Hochuli said, "Between the low three's ($300,000.00) to the four's ($400,000.00)." Deputy Mayor Blake asked, "And does it cost more to be higher - or less to be higher?" Mr. Hochuli said, "I don't have that information handy, but usually what we're doing is we're trying to keep the prices a little bit higher where the balconies are on the street side and then also the higher up you go, like in that six (6) story building..." Deputy Mayor Blake noted, "...So there would be - some 'View' premiums?" Mr. Hochuli remarked, "Correct." Discussion. Regarding emergency power, Mr. Hochuli said, "When there's a power failure, the elevators automatically stop and everybody needs to exit through the stairwells." Commissioner Gilmore asked, "What if you have a person that is in a wheelchair? They can't get down - that stairwell." As to where the emergency generators were going, Mr. Hochuli added, "I believe if there is an emergency generator, it would be put inside the equipment buildings inside - on the first floor where the garage units are. We have a lot of space there." With further discussion on air conditioning, Commissioner Miller spoke of his concern with the appearance and noise; and stated, "Everything would be condominium-type things so why not make the air conditioning, condominium also?" Mr. Hochuli said, "I can ask the question." Commissioner Miller added, "It is worth looking into." Mr. Ralph Sanjurjo, Representative, LaCesse Development Corporation, 650 South Northlake Boulevard, Suite 450, Altamonte Springs, Florida: spoke on air conditioning systems. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 10 OF 29 Commissioner Miller said, "Well, 1 would like you to work with me on this, or work with us. 1 would like to see some thought given to this." Additionally, Commissioner Miller said, "I would like to see some photographs then of other units that you are referring to, and other buildings that look like this where they have used this solution. 1 would like to see what it looks like visually." Mr. Hochuli said, "I may be able to get some pictures this week." Commissioner Gilmore noted, "I think while you are addressing the aesthetics of that, 1 think you also have to address the noise issue. The noise of all those units and the condenser fans bouncing off that hard surface building is going to create quite a bit of noise along a pedestrian street, not to mention the people in condos above that. " Further brief discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE AESTHETIC REVIEW FOR THE VILLA GRANDE PROJECT - AS PRESENTED, WITH THE EXCEPTION OF THE MECHANICAL PLAN FOR THE AlC (AIR CONDITIONING)/HVAC (HEATING, VENTILATION, AIR CONDITIONING) SYSTEMS AND THEY NEED TO COME BACK TO US AND GET THE FINAL APPROVAL ON THAT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DICUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Manager McLemore asked for discussion on the issue related to the proposed Trust Fund that he brought up earlier. Discussion. Commissioner Miller suggested, "I think the operative word might be to explore alternatives, rather than pursue the objective; because I am not sure we really want to pursue it, but I think it is worth looking at from the standpoint of exploring what the alternatives might be." Commissioner Sally McGinnis remarked, "Yes." Commissioner Joanne M. Krebs said, "I agree with exploring the idea and then - the pros and cons. " Mayor Bush said, "I think that is basically the Consensus. Agreement then, Commissioners, that the Manager will explore the pros and the cons of his proposal as well as anything else that he might come up with. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE II OF 29 PUBLIC HEARINGS 204. Community Development Department Requests The City Commission Hear A Request For A Variance By The Winter Springs Centre To Allow Construction Of Their Dumpster Pad Enclosures Within The Rear Yard Building Setback. Mr. Baker briefly spoke on this Agenda Item. Tape 2/Side 8 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. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS VARIANCE BASED ON THE FINDINGS THAT WERE PRESENTED TO US BY THE STAFF AND THE BOARD OF ADJUSTMENT'S HEARING; AND IN ADDITION TO GRANTING THE VARIANCE AS PART OF MY MOTION, I WOULD LIKE TO HAVE THE COMMISSION'S APPROVAL TO RETURN THE FEE FOR THE VARIANCE APPLICATION, RETURNED TO THE APPLICANT AS THIS VARIANCE WAS CAUSED BY A CHANGE IN THE CITY'S CODES, NOT DUE TO A BETTERMENT FOR THE APPLICANT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MILLER SAID, "ONE OF THE THINGS THAT STILL NEEDS TO BE ADDRESSED IS THE LANDSCAPING IN THE FRONT." CONTINUING, COMMISSIONER MILLER REMARKED, "THE LANDSCAPING IS VERY POOR ON THE FRONT OF THE BUILDING." COMMISSIONER MILLER ADDED, "IT IS JUST BECAUSE IF WE ARE GOING TO RETURN THE MONEY, I WOULD LIKE TO SEE - THIS GROUP OF PEOPLE, FIX UP THAT AREA. I JUST DON'T KNOW WHETHER IT IS APPROPRIATE TO DO IT NOW, OR DO IT LATER; BUT IF WE'RE GOING TO RETURN FIVE HUNDRED DOLLARS ($500.00), I WOULD LIKE TO SEE IT PUT INTO ENHANCING THE FRONT OF THAT MALL." MAYOR BUSH NOTED, "I THINK IT IS SOMETHING YOU - ANY OF US - CAN BRING UP UNDER YOUR SEAT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 12 OF 29 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 205.1 Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of JDC Building Number 17, A 26 Unit Condominium Building Located On Blumberg Boulevard In The Town Center. Introducing this Agenda Item, Mr. Stevenson said, "Building 17 is located in the Town Center, proposed along Blumberg Boulevard. Again, it is our first residential component building located along Blumberg [Boulevard]. Additionally, Mr. Stevenson noted, "It is almost a companion building to Building 4 that you have approved a number of months ago when we were currently reviewing the plans on it. It's proposed as a twenty-six (26) unit condominium building, and located again along Blumberg Boulevard - you have seen this building a number of times. August the 22nd we postponed it; September the 12th they reviewed the Concept Plan for Building 17, and again, I need to amend my chronology, it was October the 10th that the City Commission approved the Concept Plan for Building 17 and the Development Agreement." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, 205 Little Creek Lane, Winter Springs, Florida: commented on nearby features. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: commented on delays and details related to this review process. Commissioner Miller stated "Point of Clarification " and spoke of the review process. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE I3 OF 29 In referring to a large tree noted on the proposed plans, Commissioner Miller said, "They are actually going to put that tree in? That is amazing." Mr. Stevenson said, "I believe that tree exists there, however, the health of that tree, unfortunately at this point, is in question. Our Arborist has looked at that tree." Commissioner Miller pointed out, "It really adds to the beauty of that building." Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: said, "What we'll do, if we do determine the tree can't stay, we'll replace it with some other trees." Deputy Mayor Blake added, "Same height." Mr. Tullos noted, "I didn't say that." Furthermore, Mr. Tullos remarked, "It is a fabulous looking tree - we're trying to save it." Manager McLemore asked, "Did you say there, the balconies on the first floor were 4.6 or a combination of 4.6?" Mr. Tullos said, "I actually think there are a couple of different sizes there. Some are as big as 6.8." Manager McLemore said, "I thought the Commission had stated that they had to be a minimum of six (6) on the first floor, first floor only, and then there'd be a combination - the top of the first floor." Reiterating his comments to Mr. Tullos, Manager McLemore asked, "The balcony depths - between the first and second floor, I thought - previously, the Commission had said it was a minimum of six feet (6') there and then you could have combinations of fours (4's) and twos (2' s) the rest of the building. Am I wrong on that?" Mr. Tullos said, "I don't recall a six foot (6') first floor. I recall just a simple combination of twos (2's), fours (4's), sixes (6's), and eights (8's), or twos (2's), fours (4's), and sixes (6's) throughout the project." Commissioner Krebs said to Manager McLemore, "I think you need to go back to some notes because I think you are right." Mr. Tullos said, "We still have six foot (6') balconies on the second floor. Is that what you're asking?" Manager McLemore commented, "That is what I am asking." Discussion ensued on the roundabout area. Mr. Rick Maxian, Project Coordinator, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: remarked, "That is correct. It is a combination of - you have the benches in between and then you'll have the seat wall also where the seat is steep enough for someone to sit on. So, it'll be a combination of the two (2)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 14 OF 29 Manager McLemore said, "My only question about that Rick (Maxian) was the seat walls are permanent, the benches require a lot of maintenance." Mr. Maxian said, "Well, the benches will be the metal benches like you guys have on Tuscawilla [Road] right now, so the maintenance is almost nothing for that; maybe painting every five (5), six (6) years, something like that, but it is a combination of the two (2)." Furthermore, Manager McLemore said, "And I'm assuming that this will be actually like brick veneer or arch stone type veneer on this and not just concrete?" Mr. Tullos said, "More likely the second that you spoke of. Absolutely not just concrete. No." Mr. Tullos continued, "It will likely be concrete block wall faced with an architectural stone." Manager McLemore said, "Well, can we get a commitment on that so that we can get it in the record?" Mr. Maxiansaid, "That's correct. And then the piers will be the brick to match Building 17, and where the benches are will be the arch stone backing. That's correct. " Continuing, Manager McLemore said, "I'm trying to understand, how large is the brick section here and that's a fairly large monument - on the Site Plan?" Mr. Tullos noted, "Basically three (3) sections of feet." With discussion, Manager McLemore said, "The point of it is, you can continue this, maintain that open, more like an urban design instead of a wall and you can landscape, fill that with landscape and still serve your privacy, and you wouldn't have that monument there, that brick monument there." Discussion. Mr. Tullos said, "I'm in agreement that the entire wall is temporary. We don't want to do it anyway." Commissioner Gilmore said, "Where is your AIC (Air Conditioning) going?" Mr. Tullos said, "The majority of the units are going on the roof." Further discussion ensued on balcony sizes. Mr. Chuck Travis, AlA, Principal, The Housing Studio, 500 East Boulevard, Charlotte, North Carolina: remarked, "If it is a six foot (6') requirement, ifit is written in black and white, we'll be happy to accommodate that, but 1 think the intent that we were wanting to have a variation of balcony sizes. This is a very important unit on this comer and 1 think the desire of that evening was talking about having the four foot (4') balconies so that you could at least have a chair out. And we've tried to accommodate that and as you'll see if you follow the building plans, it actually decreases to two feet (2') as you go up. But, there are entry pedestals; there are variations throughout the building, such as a large comer balcony, this one is particularly large, so you get different market units." Manager McLemore said, "I think that was debated." Mr. Travis said, "It was. 1 recall." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 15 OF 29 Mr. McLemore continued, "About six feet (6') at the second floor level and then the variation above that." Deputy Mayor Blake said, "And then there's a question about B5- 2 over here also." Deputy Mayor Blake continued, "Now this particular unit has two (2) balconies. But, that one also looks to be something less than six feet (6')." Mr. Travis said, "It is. You're correct." Manager McLemore asked, "That's on the side street?" Mr. Travis said, "It is." Deputy Mayor Blake said, "Well, we have our Ordinances and Codes hopefully written down someplace. Mr. Baker, do you recall, or can you cite for us what the Code states for balconies at different levels?" Mr. Baker said, "The second floor balconies have to be six feet (6') deep according to Code." Deputy Mayor Blake asked, "Can you cite the Section of Code that that is in?" Mr. Baker said, "That is Section 20-326; six foot (6') mInimum for second floor balconies." Deputy Mayor Blake asked, "What about unit B5-2? The problem is since it's in the Code, we just can't ignore it. It doesn't mean it won't necessarily change, it just means we can't just ignore it. There has to be a process that we have to comply with." Manager McLemore said, "We've have had extensive conversations with your Consultant and we've - been down there with Developers and we've gone over and over and over this, that the second lower level balconies was there to perform a function which was to provide some relief to the street in terms of shade or rain; and he really wasn't concerned what happened on the third, fourth, fifth floors, but on the - first floor they needed to be not less than six feet (6'). Deputy Mayor Blake said, "Right." Manager McLemore continued, "And then you could have combinations and changes as you went forward or up the building vertically, in order to create the architectural balance." Discussion. Mr. Travis said, "The only point that I wanted to make is this is actually the sidewalk in this area. And then you have the entry stoop that brings you up to the lower level unit. This is actually the four foot (4') balcony that we're talking about, the extension on the end which is adjacent to the residential home that is remaining. So, this is the piece of the building, that's where the four foot (4') balcony would occur. So, if you want to take this to six feet (6'), I think it works, the problem is it starts pushing on the tree, which as I've learned tonight, may be going away anyway. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 16 OF 29 The building right now, if you look at in plan, it's not symmetrical. The reason that we had stepped this back in was to help to preserve that tree. The other balcony could also be six feet (6'). It could also go away and become some type of bay window extension to that unit. We just thought it was a nice break to the Elevation. That's why we introduced it." Mr. Maxian added, "Yes, that's the point, it created the reveal. If you go to six feet (6'), you come closer to matching that very next bump out. Structurally can we do it, yes. Architecturally, do we like it, no? That's the honest answer." Deputy Mayor Blake said, "Apparently on September 1ih 2005, almost a year ago, the Commission had an extensive discussion on balconies. And it looks like we made a decision that was never carried out in Code. So Ron (McLemore) - the discussion was to have a mix of balcony widths, depths - I don't think it says anything in that discussion about where different size balconies go. Does Section 20-326. say anything about levels above the second story or can you tell when that Code Section was amended?" Mr. Baker said, "I'm not aware that there's any requirement on the levels above the second floor." Mr. Baker added, "I don't believe it's been amended since I've been here." Regarding Section 20-326. of the Code, Deputy Mayor Blake said to Attorney Garganese, "It is talking about balconies, specifically the second story balcony must be six feet (6') deep. Commission Meeting, September 1ih 2005, there's a lengthy discussion on balconies, types of balconies, depths of balconies. And there were two (2) separate Motions by the Commission that were passed, talking about a mix of the balcony depths, but apparently there's been no Code change, no text change in the Code since that time. And the discussion on September 12th, 2005, as I read it briefly, I don't believe has any text that requires anything on one (1) floor versus another floor. And we have a plan here that has a four foot (4') balcony on the second floor and a second, four foot (4') balcony on the second floor. And while I think we want to approve it, it doesn't comply with law as the Code book states." Further discussion. Deputy Mayor Blake asked, "We still come back to the question, 'Where are we'?" Manager McLemore said, "I think the answer is, 'Where do you want to be'?" Manager McLemore continued, "The function of the balconies is to provide, again, your relationship to the street, provide for a degree of protection from sun, and weather, rain - and obviously architectural variation as well. That was the main function and the reason why they did not have to be six feet (6') as you vertically - go up the building, vertically." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 170F29 Tape 3/Side A Discussion ensued on balconies. "I MAKE A MOTION THAT WE APPROVE - THAT WE APPROVE THE AESTHETIC REVIEW WITH THE EXCEPTION OF THE TWO (2) CHANGES TO EXTEND THE FOUR FOOT (4') TO SIX FOOT (6') BALCONIES ON - SECOND FLOOR." MOTION BY COMMISSIONER MILLER. DEPUTY MAYOR BLAKE NOTED, "INCLUDING THE LIGHTS, THE ISSUE OF LIGHTS AS WAS PRESENTED BY STAFF." COMMISSIONER MILLER ADDED, "THE LIGHTING ISSUE TOO." MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION "I WILL MAKE A MOTION TO AMEND - THE MOTION TO INCLUDE THE DISCUSSION REGARDING THE SEAT WALL WHERE WE WANTED IT, TO HAVE SOME TYPE OF FINISH ON IT..." MANAGER McLEMORE NOTED, "...STONE VENEER, OR..." COMMISSIONER KREBS CONTINUED, "...OKAY." FURTHERMORE, COMMISSIONER KREBS NOTED, "I WOULD LIKE TO SEE - MORE OF THE RAIL - ALUMINUM SECTIONS ON THE WALL, RATHER THAN THE BRICK, WITH HEAVY LANDSCAPING." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 18 OF 29 Deputy Mayor Blake spoke of balconies and stated, "The Motion passed, ultimately that was passed, approved everything except those balconies which means, as we stand right now, the entire project has to come before us again." Continuing, Deputy Mayor Blake remarked, "I would like to give Staff some direction to be able to go forward on this so it doesn't have to come back before us and allow them to get rolling on the project." Attorney Garganese stated, "The Commission could direct that we finalize a Development Agreement and have a variation to the Codes." Mayor Bush called a Recess at 9:51 p.m. Mayor Bush called the Meeting back to Order at 10:08 p.m. PUBLIC HEARINGS 205.2 Community Development Department - Planning Division Requests The City Commission Consider And Approve The Final Engineering/Site Plan For IDC Building Number 17, A 26 Unit Condominium Building Located On Blumberg Boulevard In The Town Center. Mr. Stevenson presented his opening remarks and noted, "The Findings are - the site is approved by the St. Johns River Water Management District for eighty percent (80%) impervious area under the Town Center's Master permit. You will note, if you look at the impervious area noted on the plans that it says 80.2. 1 have confirmed with the Engineer that that is incorrect. The actual impervious surface is 79.8, so it does meet the eighty percent (80%) impervious area requirement." Attorney Garganese returned to the Meeting at 10:09 p.m. Continuing, Mr. Stevenson commented that "All site lighting and signage must be consistent with the Town Center Code Standards. We have reviewed the photometries as we mentioned earlier. The only issue that we have is that the light pole that's being proposed, be changed from a flat black matte pole to one that matches the existing poles out there." Mr. Stevenson added, "The Wall between Building 17 site and the Kingsbury site should be considered temporary, to be removed at such time as the Kingsbury site develops." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 19 OF 29 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 GILMORE. MAYOR BUSH ADDED, "WITH THE ITEMS THAT RANDY (STEVENSON) LISTED." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED AGAIN, AS NOTED. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 205.1 Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of JDC Building Number 17, A 26 Unit Condominium Building Located On Blumberg Boulevard In The Town Center. Manager McLemore said, "The balconies would be amended to be six feet (6'); as far as the wall is concerned, as long as it is noted in the Agreement that this is temporary, that we could live with that for a while, was the compromise we struck on this and so that is what I am suggesting." Manager McLemore added, "They agreed to a stone finish on the - seat wall." "MOTION TO RECONSIDER" 205.1. MOTION BY COMMISSIONER KREBS. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 20 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE GO WITH THE ORIGINAL PROPOSAL FOR THE THREE (3) OR FOUR (4) SECTIONS OF CONCRETE BRICK WALL, WHATEVER IT WAS THAT WAS PROPOSED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "AS PRESENTED..." COMMISSIONER MILLER CONTINUED, "...AS PRESENTED BY THE DEVELOPER FOR THAT AREA AROUND THE JACUZZI AND THE BARBE QUE AREA. THE REST OF THE WALL WOULD BE ALUMINUM AS ALSO PRESENTED BY THEM - AND TEMPORARY - NOTED IN THE DEVELOPMENT AGREEMENT AS TEMPORARY." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MR. STEVENSON INQUIRED ABOUT THE BALCONY EXTENSIONS AND ASKED, "IS THAT TO BE WORKED OUT AT STAFF LEVEL OR..." MANAGER McLEMORE STATED, "...NO. IT'S SIX FOOT (6') BALCONIES." MR. STEVENSON THEN ASKED, "DO THEY HAVE TO BRING IT BACK TO THE COMMISSION?" MANAGER McLEMORE COMMENTED, "WE DON'T HAVE TO BRING IT BACK TO THE COMMISSION." Deputy Mayor Blake returned to the Commission Chambers at approximately 10:19 p.m. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 21 OF 29 REGULAR AGENDA REGULAR 301. Information Services Department Wishes To Update City Commission On Televising Of Commission Meetings And Requests That The City Commission Decide Whether To Move Forward With The Entire Project Or Any Piece Of The Project And If So, Fund Project Accordingly. Mr. Joe Alcala, MCSE, CISSP, IT Coordinator/Security Administrator, Information Services Department addressed the City Commission on this Agenda Item. Commissioner Miller suggested, "Because of the Budget constraints under which I think we are going to be working for the next year or so, and because of the size of the amount that is involved, I am not going to support this. I would be willing to look at it again next year, put it in the Budget for 2008 and then reconsider it at that time." Commissioner McGinnis noted, "I think we need to do a little more work before I could support this." "MOTION NOT TO CONSIDER IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mr. Alcala then asked, "Did you want to consider the upgrades with relation to some of the equipment in here?" Mr. Alcala added, "The projectors and the new document imaging camera?" Commissioner McGinnis stated, "I think we can wait on that too." REGULAR 302. Finance Department Requesting That The City Commission Adopt Resolution 2006-44, Relating To The Oak Forest And Beautification Assessment Area. Ms. Michelle Greco, Director, Finance Department mentioned that "Both of the Assessments, both the Capital and the Maintenance, are at their legal maximums or their threshold." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 22 OF 29 Continuing, Ms. Greco remarked, "These legal maximums will need to be increased before adoption of the next fiscal year's Budget." Furthermore, Ms. Greco explained, "We are spending Fund Balance and if we don't increase the Assessment at some point, there will be no Fund Balance to spend from and then we won't be able to fund programs so, I just wanted that to be on the Record that there is the potential that this Assessment, both Capital and Maintenance, will need to be raised in the future. In order to do so, we are going to have to go through legal channels, notifications and advertisements in order to raise that rate." Discussion ensued on fees and possibly going out for a new Request for Proposal (RFP). Commissioner Krebs asked about Bids and Request for Proposal's (RFP's) and stated, "I don't see that we go out to Bid on many things, and so I am asking, if we don't, why don't we and why can't we?" Manager McLemore said, "We could put out an RFP (Request for Proposal) sometime during the year if you would like to do that for Assessment Consultants." Discussion. Commissioner Krebs stated, "When they come back with an increase, do they not justify the increase? Do we know what that justification is? Can I see that justification?" Manager McLemore remarked, "Sure. Absolutely." Commissioner Krebs said, "That is what I would like to see - any justification on any increase like that." Manager McLemore noted, "Sure." Mayor Bush said to Ms. Greco, "So you could give Commissioner Krebs that information now, she is asking for..." Commissioner Krebs added, "...As well as 'Tuscawilla' too. Not just 'Oak Forest'." Tape 3/Side B Discussion. "MOVE FOR APPROVAL, RESOLUTION 2006-44." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 23 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 303. Finance Department Requesting That The City Commission Adopt Resolution 2006-45, Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phase I. "MOVE FOR APPROVAL, RESOLUTION 2006-45." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MS. GRECO ADDED, "THESE AREN'T AT THEIR LEGAL MAXIMUMS, BUT WILL NEED TO BE RAISED THIS YEAR BECAUSE THE MAINTENANCE SIDE IS WAY UNDER." MS. GRECO ADDED, "THE MAINTENANCE SIDE WILL NEED TO BE INCREASED NEXT YEAR - NOT FOR FISCAL YEAR (20)'07, BUT FOR FISCAL YEAR (20)'08." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 304. Finance Department Requesting That The City Commission Adopt Resolution 2006-46, Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phase II. "MOVE FOR APPROVAL, RESOLUTION 2006-46." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 24 OF 29 MS. GRECO ADDED, "THIS ONE TOO IS ALSO AT THE LEGAL MAXIMUM." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 305. Finance Department Requesting That The City Commission Authorize Televox To Provide Automated Customer Notification Of Their Delinquent Payment Status And Potential Disruption In Utility Services, Authorize City Attorney To Review And Revise Agreement As Necessary, Authorize City Manager To Execute Agreement And Customer Order Form With Televox And Authorize Funding For Service Fees In The Fiscal Year 2006/2007 Final Budget. Ms. Greco introduced this Agenda Item. Much discussion. Commissioner McGinnis mentioned a large Utility bill and adjustment related to her Homeowner's Association's and that there had not been a notice regarding a cut-off; to which Commissioner McGinnis remarked, "If I had been told in the beginning to pay that full amount and then deal with the adjustment, no problem." Ms. Greco remarked, "I will mention that to my Staff." "I MAKE A MOTION THAT WE ASK STAFF TO BRING IT BACK WITH WAYS IT COULD BE ADMINISTERED SO - THAT THE CHARGE IS - NOT SPREAD OVER THE PEOPLE THAT PAY THEIR BILLS ON TIME EVERY MONTH." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY DEPUTY MAYOR BLAKE." DISCUSSION. DEPUTY MAYOR BLAKE SAID, "IMPLEMENTED BY AND PAID FOR IT BY ADJUSTING THE DELINQUENT FEES." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 25 OF 29 YOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush asked, "We need a Motion to extend the Meeting." "SO MOYED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. YOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE:NA Y MOTION DID NOT CARRY. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 11 :04 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS AND REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. REGULAR REGULAR 306. Office Of The Mayor Requesting The City Commission To Appoint Commissioner Joanne M. Krebs To The State Gopher Tortoise Stakeholder Group. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 26 OF 29 REGULAR 307. Community Development Department Requests The City Commission Consider And Approve The Final Engineering/Site Plan For Phase II Of the Vistawilla Office Center, Located On The South Side Of State Road 434, Just West Of The GreeneWay Interchange, Subject To Conditions. REGULAR 308. Office Of The City Attorney and Office Of The City Manager Request That The City Commission Provide Preliminary Comments Regarding Proposed Ordinance 2006-12 And Determine Whether Or Not The Ordinance Is Ready To Be Presented To The Planning And Zoning Board For Review And Recommendation. REGULAR 309. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk, As Requested By The City Commission At A Previous Meeting. REGULAR 310. Office Of The City Manager ADD-ON Requesting The City Commission Approve Resolution Number 2006-48 To Revise The City's Personnel Policies Regarding Payment Of Overtime To Exempt Employees As A Result Of A Declared Emergency. CONSENT AGENDA CONSENT 400. Office Of The City Manager Advising The City Commission Of Information Regarding The State Of Florida 38th Annual Pension Trustees Conference And Requesting The City Commission Authorize The Payment Of Mileage And Meals For Persons Who Desire To Attend. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 27 OF 29 CONSENT 401. Police Department Requesting The City Commission To Approve An Operational Assistance Mutual Aid Agreement Between The City Of Winter Springs And Orange County. CONSENT 402. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The First Amendment To Seminole County/City Of Winter Springs HUD (Housing And Urban Development)/CDBG (Community Development Building Grant) Sub recipient Agreement, Program Year 2005-2006. CONSENT 403. Public Works Department Requesting Approval To Enter Into A Contract To Purchase Fill Dirt For The Public Works Complex And Screen And Haul Debris. CONSENT 404. Public Works Department Requesting Authorization For Asphalt Restoration For The Underdrain Installation Project. CONSENT 405. Police Department Requesting To Purchase (1) 2006 Chevrolet Impala Police Package Vehicle By Purchasing Off Of Florida Sheriff's Association Bid Number 05-13-0822 With Classic Chevrolet. CONSENT 406. Public Works Department Requests The City Commission Authorization To Approve Resolution 2006-47 And Enter Into A Landscape Construction And Maintenance Agreement With The Florida Department Of Transportation For Landscape And Sidewalk Maintenance Associated With The West End Center Project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 28 OF 29 CONSENT 407. Office Of The City Clerk Requesting Approval Of The August 14, 2006 Regular City Commission Meeting Minutes. INFORMA TIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL 501. Not Used. INFORMATIONAL 502. Finance Department Wishes To Update The City Commission On The Status Of The Utility Billing Customer Service Review Process. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire REPORTS 601. Office Of The City Manager - Ronald W. McLemore REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake REPORTS 604. Commission Seat Three - Donald A. Gilmore CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2006 PAGE 29 OF 29 REPORTS 605. Commission Seat Four - Sally McGinnis REPORTS 606. Commission Seat Five - Joanne M. Krebs REPORTS 607. Office Of The Mayor - John F. Bush REPORTS 608. Commission Seat One - Robert S. Miller RESPECTFULLY SUBMITTED: DANIeLLE HARKER, ASSISTANT TO THE CITY CLERK AND ORENZO-LUACES, CMC LERK APPROVED: ~ NOTE: These Minutes were approved at the September 11,2006 Regular City Commission Meeting.