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HomeMy WebLinkAbout_2001 07 02 City Commission Special Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING JULY 2,2001 I. CALL TO ORDER The Special Meeting of Monday, July 2, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, absent Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present II. CONSENT CONSENT A. Finance Department Requesting The Commission To Approve A Supplemental Appropriation [n The Amount Of $23,650 From General Fund Reserves To Amend The FYOl Budget To Include The Cost Of The Sales Tax Liability For The Concession Stand For The Period 3/96 - 9/00. Ms. Louise Frangoul, Finance Department Director briefly addressed the Commission on this matter. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 2 OF 13 Further brief discussion. III. REGULAR REGULAR A. City Manager Discussion Of Town Center, Phase I By Developer Shane Doran. Mayor Partyka called a recess at 6:37 p.m. The Meeting was called back to order at 6:49 p.m. Mr. Ronald W. McLemore, City Manager introduced this Agenda Item and in t,erms of the Agreement, Manager McLemore stated that "If it's adopted tonight, it's adopted subject to further review by Staff and you sitting as the Development Review Committee." Mr. Anthony A. Garganese, City Attorney stated, "Some of the paragraphs are being changed because obligations have already been fulfilled. For example, the City already acquired Hickory Grove Park Boulevard, so the language in the original agreement relating to Hickory Grove Park Boulevard is going to be deleted. It's just to clean up the original agreement; to recognize obligations having been fulfilled. And then there are other changes that are a result of finally negotiating a deal with the School Board regarding stormwater; and also to recognize the fact that the time schedule has been changed for completion of certain obligations, because of the delay in acquiring that easement from the School Board." Mr. Chip Carrington, Lowndes, Drosdick, P.A.: representing The James Doran Company addressed the Commission and advised them that Shane Doran could not be in attendance tonight. Discussion. Mr. Chip Carrington discussed the "Conceptual Site Plan" and stated, "What we would ask tonight is that you simply look at it, and if you can give preliminary indicatlon that it's going in the right direction." Mayor Partyka asked Mr. Chip Carrington, "VVould a copy of this be provided to us, this new revised version?" Mr. Chip Carrington stated, "Yes" and further stated that "It would be an attachment to the first Modification. ", Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 3 OF 13 Manager McLemore spoke of his concern with a 10,000 square foot building in paragraph 1., and which was to be a 30,000 square feet building in the original plan. Another concern was mentioned by Commissioner Robert S. Miller who said that the "Entrance feature on 434 and Tuskawilla Road seems to have changed also." Mr. Chip Carrington explained, "When we originally did the 'Conceptual Site Plan,' Phases I, II, and III, it was based on our best information at the time and in configuring things, substantially in conformance with the Town Center Code, but also market considerations and presented it and everybody bought off on it. And the reasons for the change that you see before you is that Florida Department of Transportation which you know has jurisdiction over State Road 434, wants to see that particular driveway come into State Road 434 perpendicular to it, as opposed to on an angle. And it has to do with transportation engineering considerations. So this is - our best effort to - you know address that requirement by DOT, but to do so in a way that's as close as possible to the original 'Conceptual Site Plan.'" Further discussion. Commissioner Miller spoke of the changes to the plans and said, "I just want toO make sure that we don't get stuck with a surprise in the six (6) months - 'Well, this is the way it has to be, for the following reasons.' I would like to know about it as far in advance as possible." Manager McLemore said to Mr. Chip Carrington, "About this one (1) story building, and I assume you anticipate a one (1) story building with paraphets on Main Street, when we have said emphatically that that has to be a two (2) story building. I think that's a big deal. That's one we need to fix." Mr. Chip Carrington stated, "It just says one 0) story right?" Manager McLemore stated, "Right." Mr. Chip Carrington then stated, "'I don't think that's intended to be a departure from a one (I) story as defined under the Developers Agreement, which means to be one (1) story..." Manager McLemore said, ''No way! No way!" Mr. Chip Carrington said, "...It had to be two (2) story?" Manager McLemore stated, "Yes, absolutely. All the buildings that were on Tuskawilla cmd the main building there at the intersection were two (2) story buildings. - All the other buildings could be one (1) story with paraphets." Manager McLemore then said, "So that one, we have to fix!" With further discussion, Manager McLemore stated, "I think the real issues of concern are about the two aspects here, and I mean we will do what we can to work out that intersection with FDOT, as close as we can to the original design." Mr. Chip Carrington advised those in attendance that "Perhaps a way to approach that is to by Motion, clarify that any - inclination to go along with this 'Conceptual Site Plan' would be subject to, you know, further efforts to try to deal with DOT and secondly, that with respect to these several buildings that are depicted as one (1) story buildings that they be revised to go along with the original agreement." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 4 OF 13 Manager McLemore stated, "That section 1. is such a large departure. I think the Commission can give that direction tonight, but I think that we're going to have to bring it back at the next Meeting for final approval - this modification. They can agree to what direction they want here, but I don't know that we can work out language and all that, for final approval tonight - the issue of the two (2) story building at the corner. . ." Mr. Chip Carrington stated, "I don't want to hold up the Modification if we can - I guess what I would like to see is us consider the first Modification tonight, and if the 'Conceptual Site Plan' - can't be included as part ofthat..." Manager McLemore stated, "If we go back to paragraph I. and say - pertaining to a two (2) story building of not less than 30,000 square feet which was in the original agreement, and change that language, I think it works." Manager McLemore added, "A two (2) story building of not less than 30,240 square feet. I think the rest of that paragraph works." The agreement was then reviewed, paragraph by paragraph. 1. Mr. Chip Carrington started the review by saying, "With respect to paragraph 1., with the change from I 0,000 to 30,240. What we're trying to accomplish there is a provision that allows, as I was mentioning before, James Doran eighteen (18) months to market that corner to maximize the tenant there from an economic perspective, taking into consideration that it's the gateway to the Town Center and there is background there some of you are aware of, and was discussed at the Commission Workshop in terms of activities of a competitor and how those activities have delayed and frustrated our efforts to secure a drugstore for this location. We haven't given up hope at all for securing Walgreens at this corner and intend to pursue it. I think that with breaking growld, this side of 434 would be the logical location for Walgreens." Tape IISide B Commissioner Cindy Gennell commented on her concern with not seeing the u.;~ed for "Multiple openings down there by the comer drugstore." Discussion ensued on time periods and "Specific dates." Attorney Garganese stated, "The original agreement does protect against unforeseeable or unpredictable events such as acts of God, labor shortages, and other - adverse weather conditions, so we have agreed that if any of those unforeseeable or unpredictable events occur, that th.e time period's will be extended accordingly." CITY OF WINTER. SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 5 OF 13 Commissioner Michael S. Blake further spoke about two (2) story buildings and said, "I also thought that some of these other buildings along 434 were going to have two (2) stories, at least on the fascia," Manager McLemore stated, "They're required if they do a one (I) story building, they are required to do a parapet - on all four (4) directions, completely around the building to give the appearance of a two (2) story bU:llding." Commissioner Blake then said, "I would like to see that or some designation that depicts that on this as well, because where it says, and it clearly says one (1) story on many of these structures." Manager McLemore said to Mr. Chip Carrington, "What the Commissioner is saying is that we have it said in words; we don't have it said graphically - we don't have it depicted on this, to be consistent with the words in the contract, even though I think the words prevail." Manager McLemore suggested, "Maybe we need a note on the - plan that says where one (1) story is depicted, it means a one (1) story building with a second story parapet." Mr. Charles Carrington, AICP, Community Development Department Director stated, "On the original sketch plan, it did say one (1) story with parapet, on every building where it was one (1) story." Commissioner Blake then added, "I would like to make sure that we retain that language." 2. Mr. Chip Carrington stated, "Paragraph 2. has to do with the fast food restaurant next to the roundabout, which we've already talked about, which would be a Wendy's - and you're providing, if you approve this, a Modification, conceptual approval of that configuration subject to us going through the full blown process and submitting a site plan, and all the other submittals that are required under the Town Center Code, similar to what we are asking to do with respect to this modified conceptual site plan." Commissioner Blake stated, "I just want to make sure we're clear on this again, now what we're simply stating in Paragraph 2. is that there is no denial coming down the road because it has to be a fast food restaurant, in the middle, but there is no obligation for us to approve that structure or building or use ifit doesn't meet the other requirements. Isn't that what you're asking for? What we're basically saying is, 'No we don't have any objection to a fast food operation being utilized internally there,' but this is necl::ssarily task approval for whatever you want to do with that structure, you still have to go through the other steps." Mr. Chip Carrington said, "That's correct." 3. Regarding Paragraph 3., Commissioner Martinez said, "It should be a wash." Mayor Partyka stated, "So 3. is okay with them." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 6 OF 13 4. Mr. Chip Carrington stated, "At the point in time that James Doran closes on its purchase of the property, the City would be obligated to put in the infrastructure that was already contemplated in the original agreement. The key to this paragraph is we are now specifying the revised dates, and they are attached as 'Schedule 1.' The other element of paragraph 4. has to do with the connection points for sewer and water, and we need to know what those are fairly quickly, and that's why it provides that we'll get that information within fifteen (15) days of the effective date of this agreement." Discussion ensued on whether the City's Consultant, Mr. Terry Zaudtke has the requested information, and whether the fifteen (15) days would be acceptable. Manager McLemore said, "Weare going to make sure ofthat in the morning." Mr. Chip Carrington stated, "We're agreeable to thirty (30), we'd like to do the fifteen (15). Further discussion. Commissioner Blake addressed Manager McLemore and Attorney Garganese - "Ron and Anthony, I just want to be absolutely certain, the rest of the language, we're not now being required to build something that we haven't already agreed to build. This is only bringing utilities up to the property line. We're not putting infrastructure inside the actual parcel. All we are doing is redefining the dates of what we've already agreed to build." Manager McLemore added, "We're not putting any infrastructure inside this development." Mayor Partyka inquired of Mr. Chip Carrington, "What is the anticipated close date?" Mr. Chip Carrington replied, "No later than August 13th, and we'd like to do it sooner." 5. Mr. Chip Carrington stated, "Paragraph 5. has to do with another result of the negotiations with Staff and the City Manager. At an appropriate time we're going to approach the Kinsgbury's about purchasing a piece of property, located at the corner of Main Street and Hickory Grove Park Boulevard, and the City is merely agreeing here to process those applications in good faith - permit applications in good faith, for that additional component of the development, should we successfully get it under contract, which is what we intend to do." 6. Mr. Chip Carrington stated under paragraph 6., "IV d), that was in the original agreement because at this point of time, it's been determined that as to the onsite permitting, the onsite stormwater system and the permitting of it; there are no practical concerns at this point in time." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 7 OF 13 7. Mr. Chip Carrington stated, "This one addresses some elections made by James Doran, per the original agreement, there contained in Article III, that III g), and VII c), ha.ving to do with diagonal parking. Those elections were made - actually months ago, and this is simply making sure that someone reading the agreement is aware that those elections were made. Attorney Garganese stated, "On that, you indicated that we were going to attach an Exhibit 'A,' that would set forth those elections." Mr. Chip Carrington stated, "Those would actually be the Minutes of the City, which we obtained about a week ago, and I don't have with me, but they're the City's own records. And I can get those to you." Commissioner Blake added, "In this language on 7., I would like to see the language in there, you're going to elect the diagonal parking language - the additional right of way that would be donated. Is that in this agreement elsewhere or is it just appropriated by reference in the original agreement?" Attorney Garganese stated, "That language is in the original agreement, that if they elect diagonal parking, they would convey an additional right-of-way to the City." Commissioner Blake said, "So we don't need to restate it in - here, because we are in a sense - 7. is basically just choosing their election from III g) - it's not deleting or taking out any language from the original agreement." Attorney Garganese stated, "That's correct." Commissioner Blake added, "I just want to make sure it's on the record and clear that that additional right-of-way needs to be provided." Mr. Chip Carrington stated, "And then paragraph 12., it clarifies that this Modification, it clarifies that unless changed by this particular Modification and provisions of the original agreement would control." Commissioner Gennell asked about the internal parking guidelines, and section J. 6. With further discussion, Mayor Partyka stated, "So 7. is okay." 8. Mr. Chip Carrington stated, "We have simply taken the original paragraph - and rewritten it to conform it to these provisions." Mayor Partyka stated, "That's okay." 9. Mr. Chip Carrington stated, "Paragraph 9. addresses the basins we've been talking about. We have a West and East Basin, all ofthis dictated by ridge line, and it clarifies that we'll be undertaking development in these two steps, with the 'Phase 1B' portion delayed. Hopefully not long, but long enough to get the stormwater system in place for 'Phase IB.''' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 200 I PAGE 8 OF 13 Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director stated" "Chip, the modifications to - the West Basin, the 'IA,' may require some onsite temporary improvements, because it exceeds the ridge line which you discussed. You're aware of that, right?" Mr. Chip Carrington asked, "Which portions?" Discussion. Mr. Chip Carrington stated, "We desire to do the access point to Main Street and to Hickory Grove Park Boulevard if we are, and I would like the Minutes to reflect this. If we do have problems with that, we would just be proceeding with the West Basin without those access points." Manager McLemore stated, "It would be nice if we could do it without those retention areas, but if we have to, we have to." Commissioner Blake inquired as to who pays for the temporary stormwater. Mr. Lockcuff and Manager McLemore stated, "And the responsibility of the developer." Commissioner Blake further said, "It's something I haven't seen spelled out, and I just want to make sure clear that we're all clear again." Manager McLemore added, "The original agreement explains what we have to do." Mayor Partyka added, "And Mr. Carrington, here for the developer is also nodding in the positive, that's their responsibility. Okay." 10. Mr. Chip Carrington stated that "In paragraph 10., James Doran is waving its right of termination in the event it's not successful in getting the drug store anchor. That would be a termination right in connection with the entirety of the agreement. We're not of course going to terminate the agreement there to get the drugstore anchor. Weare reserving the right with respect to the grocery store anchor, although we have for all practical purposes secured the grocery store anchor. In the (ii) there, James Doran is agreeing that the 6,000 square foot building and 10,000 square foot building would be constructed in 'Phase I' as opposed to 'Phase II' as originally planned, and that was part of the negotiations with the City; a concession by James Doran. The final sentence has to do with the 6,000 and 10,000 square foot buildings which were part of 'Phase II;' they'll still count for purposes of the 45,000 square foot trigger that determines when we have to build the northern most Main Street building, so that's favorable to the City as well." Discussion ensued about the 6,000 and 10,000 square foot buildings. Mr. Carrington (Community Development Department Director) spoke about the original sketch that was attached to the agreement that was approved about a year ago, (and pointed out) "That's the 6,000 square foot building and that's the 10,000 square foot building.'" Mr. Carrington (Community Development Department Director) then said, "But it's changed on this latest drawing." With further discussion by Commissioner Blake and Commissioner Gennell, Mr. Carrington (Community Development Department Director) stated, "That language is not correct." Mr. Carrington (Community Development Department Director) added, "It's really 10,500." Commissioner Blake asked, "Is there any way we can go through and label each of these buildings and discuss them as their CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 9 OF 13 individually labeled?" Commissioner Blake suggested, "As we go through different revisions here, make sure that each building is named, numbered, and that they are depicted in the agreement that way." Mr. Chip Carrington then stated, "I just made it here, and if Anthony makes it there, it's done." Commissioner Blake added, "Vie still then need to discuss which revision we're talking about, because, and especially if there happens to be more than one (I) building of the same square footage." Commissioner Blake then asked, "What would be the harm in numbering them, so we know exactly - if we're going to talk about a specific building in an agreement, shouldn't we have a way, to get from the agreement - show us exactly which building that we're talking about?" Commissioner Gennell agreed with Commissioner Blake's concerns. Mayor Partyka then asked, "This is the conceptual we have not yet approved?" Mr. Chip Carrington responded, "That's correct." Mayor Partyka then said, "This agreement, as far as I'm concerned, goes back to the original and that's where we ought to be looking." Mr. Chip Carrington then stated, "At this point, I would just like to withdraw consideration of the 'Conceptual Site Plan,' because it's creating more confusion than it's worth. All we really have right now, is the 'Phase I,' 'Phase II,' and 'Phase III' 'Conceptual Site Plan.' Those are the ones that are legally binding on the parties. All we're asking for with respect to the drawing that has created so much confusion tonight, is a preliminary reaction, and we've gotten that in part. You know, we've gotten comments with respect to the DOT issue, and which I can take back." Manager McLemore advised Mr. Chip Carrington, "I think all that has been asked for is for a legend of buildings, when you do the graphics." Mayor Partyka added, "Identify everything as best as you can, so they're consistent right across the Board." Manager McLemore added, "And I think this has been articulated, and we really do need to articulate it, that that doesn't mean the shape and size of these buildings and the number of these buildings aren't going to change." Mr. Chip Carrington agreed. Mr. Chip Carrington then stated, "What I will do, is I will suggest to them that when we come back, that we need to have a legend and it needs to track what's in the 'Phase I,' 'Phase II,' and 'Phase III' plan." Commissioner Martinez agreed with "A conceptual plan for approval, and then you have a legend." 11. Mr. Chip Carrington stated "11. has to do with a requirement by the City which we were okay with that this 'Mod' be effective until, or nor be effective unless we actually do close on the 'JDC' property, which is rme." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JlIL Y 2, 2001 PAGE 10 OF 13 12. Mr. Chip Carrington explained that paragraph 12. is "Saying that the original agreement is controlling, except to the extent modified here." 13. Mr. Chip Carrington stated, "Paragraph 13., is out." 14. Mr. Chip Carrington explained that "Paragraph 14. is a clarification that at this point in time, it's a right-of-way that had originally been contemplated for purchase; has been purchased. That's Hickory Grove Park Boulevard, and Hickory Grove Park Nort:hJSouth Extension Street. Those have been already acquired by the City, therefore Vb) - beginning with the third sentence of that is deleted." 15. Mr. Chip Carrington said, "Paragraph 15. has to do with a requirement in the agreement, the original agreement, that James Doran give the City notice of it's intention to proceed. This provision, the legal effect of it is that we'd still have an obligation to give you notice of our intention to proceed with 'Phase II,' not less than ninety (90) days in advance, and also give you the same notice with respect to the drug store anchor; but we would. not be required to give you that notice with respect to Publix, because should we be required to give you that notice, it would put things off and we wouldn't be able to break ground. It's a ninety (90) day notice provision." Manager McLemore stated, "In lieu of that we agreed to the schedule, basically, is what we're saying." Mr. Chip Carrington agreed and said, "Right." Mr. Chip Carrington added, "The only waiver we're making is with respect to us going forward with Publix." "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. Mr. Chip Carrington suggested, "Would you like me just to clarify with Anthony, the changes we've discussed very briefly, because we discussed a change to paragraph 1., to make it from 1 0,000 to 30,240, and. .." Mayor Partyka said, "Let's hold off on the Motion, then to handle this." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE II OF 13 Mr. Chip Carrington reiterated his comments on paragraph 1. by saying, "10,000 square foot, where it's referred to in the second sentence. A 10,000 square foot building would be increased to whatever it is - 30,240." Attorney Garganese and Commissioner Blake added, "And two (2) story - 30, 240 square feet." Mr. Chip Carrington then added, "Basically to track the original agreement and the site plans attached. Then in paragraph 10., instead of referring to a 10,000 square foot building, it should be referring to a 10,500 square foot building. And we've eliminated the confusion because we're not dealing with the conceptual site plan at this point." Commissioner Blake added "Delete section 15." Mr. Carrington (Community Development Department Director) then said, "Under II., it should refer to - the last thing instead of 'Purchase of the 'IDC' property,' it should be 'Purchase of the Kingsbury property.'" Attorney Garganese added, "Well, the 'IDC' property is the Kingsbury property. We defined the Kingsbury property, the 'IDC' property in the original agreement." Regarding 4., Manager McLemore stated, "Did we agree to change the fifteen (1.5) days to thirty (30) days, or keep it in as fifteen (15) days?" Mr. Chip Carrington stated, "What I was sort of offering is that you all could make that call tomorrow. You know, we could make it thirty (30) days ifit needs to be, but try to keep it fifteen (15) if we can. We're agreeable to either." Manager McLemore stated, "If the Commission is comfortable, that's making that modification to thirty (30) if we need to." Commissioner Blake stated, "I'm fine putting in thirty (30) days, just to make it easier, but I would like the City to act on a fifteen (15) day basis or sooner." Mr. Chip Carrington stated, "So, let's just make it thirty (30)." Mayor Partyka stated, "Okay." Attorney Garganese asked about paragraph 6., and clarified, "This paragraph pertains to on site stormwater collection system. Kip is saying - based on our actual knowledge, we believe any permitting would be routine for the onsite stormwater collection system, and we would delete paragraph IV d); and IV 4) required 'JDC' to provide the City with volume and flows expected, to be generated from the property for purposes of storrnwater planning, for the two (2) basins. Has that been provided to us, that information'?" Mr. Lockcuff said, "It certainly hasn't been provided to the City. Perhaps Chip could speak to whether it's been provided to the consultant." Mr. Chip Carrington stated" "The answer is there are other things that the paragraph deals with, and that is an important element that obviously needs to be preserved, but in order for you to receive our stormwater, we have to provide that information, in any event." Mr. Lockcuff stated, "I understand your concerns and I think that's another thing we'll just verify tomorrow." Manager McLemore stated, "If you use the word, if you insert the word 'conditions as permitted' - as contained in the permits, that does it, doesn't it?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 12 OF 13 Mayor Partyka asked Attorney Garganese for his preference on the wording. Attorney Garganese stated, "From my standpoint, I wouldn't delete d) unless Utilities is comfortable with that; I mean I would prefer to keep the whole d) in place, to the extent it makes sense." Mayor Partyka then said, "Does that pose a problem with you Mr, [Chip] Carrington, if we just left it in place?" Mr. Chip Carrington stated, "We can address it correspondence, I think." Mayor Partyka stated, "Okay." Commissioner Blake suggested that regarding 6. on the Modification, "Basically delete 'and, therefc)re, the parties hereby agree that the provisions of subparagraph IV d) are hereby deleted.,' just - strike the deletion language." Attorney Garganese stated, "That works for me." Tape 2/Side A "I MAKE A MOTION THAT WE APPROVE SPECIAL MEETING REGULAR AGENDA ITEM' A' - OF AGREEMENT PRESENTED TO US THIS EVENING - AS CORRECTED, AND NOTED CORRECTIONS THAT SHALL BE ADDJ8:D TO IT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE INQUIRED, "WHICH CHANGES IS HE..." COMMISSIONER MARTINEZ STATED, "ALL THE ONES THAT HAVE BEEN NOTED..." MANAGER McLEMORE ADDED, "TO WHICH THE COMMISSION HAS AGREED DURING THE DISCUSSION." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. In other City business, Manager McLemore advised the Commission that he had received notice from A.P.C. Fireworks stating that "They were unable to meet their requirements" for the upcoming Fourth of July celebration. Manager McLemore advisl~d the Commission, "We have an agreement now with another company who will provide all the services under the contract with AP.C. Fireworks." Manager McLemore then advised the Commission that AP.C. Fireworks was wanting to work out a way to reimburse the City the $6,500.00 that had been forwarded to them. Brief discussion ensued on the planned length of the fireworks for the Fourth of July celebration. IV. ADJOURNMENT "MOTION TO ADJOURN." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mayor Partyka adjourned the Meeting at 8:22 p.m. --=' ZO-LUACES, CMC ~~ _- - _' L""'-l;' .. -~ ~~..>. ... - ,~ .- .- ~ ~ ~~ ;: , -0. .:Jl +-.~ ~~~~- ...~ # ,"'" E>_ NOTE: These minutes were approved at the July 23, 2001 Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JULY 2, 2001 PAGE 13 OF 13