HomeMy WebLinkAbout2000 06 26 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
JUNE 26, 2000
I. CALL TO ORDER
The Regular Meeting of June 26, 2000 of the City Commission was called to order by
Mayor Paul P. Partyka 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 Paul P. Partyka, present
Deputy Mayor Cindy Gennell, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
A moment of silent prayer was followed by the Pledge of Allegiance.
Agenda Changes: After discussion on several Agenda Items, the Commission decided to
discuss Regular Agenda Item "D" prior to Regular Agenda Item "A;" several members of
the Commission inquired about the attachments to Regular Agenda Item "E;" and wished
to ask questions on a couple of other Consent Agenda Items.
Consent Agenda Item "A" was pulled off the Consent Agenda for separate consideration,
and then after discussion on this, Commissioner Blake stated, "Mayor, I would
recommend Consent Item 'A' - that we could turn that into a Regular Agenda Item, and
just put it at the end of the Agenda."
Mayor Partyka stated, "Okay. Is there a Motion to that effect?"
"I'D MAKE A MOTION TO ENTERTAIN THAT." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
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Mayor Partyka stated, "Okay. Thank you. That will be moved up to'!, - on the Regular
Agenda. "
Mayor Partyka noted that Mr. Michael Schrimsher was here to sign an Agreement with
the City. A small "signing" ceremony with photographs was then held. Mr. Schrimsher
then spoke to the audience about his family's involvement with the community.
Presentations
Mr. Ronald W. McLemore, City Manager introduced Mr. Dennis Franklin, the City's
new Building Official.
II. PUBLIC INPUT
Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: passed out documents
to the Commission, about access to Oak Forest Lake, Ms. Krebs read a document for the
record (see Attachment "A") which also included a petition signed by "Homeowners from
all homes abutting Oak Forest Lake." Ms. Krebs showed some photographs to the
Commission that illustrated several different lots around this lake; and spoke of easement
impediments; aquatic plants; and then read a statement from a homeowner.
Manager McLemore spoke of visiting the site; and spoke of the best alternative which
could solve the problem.
Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke about
Resolution 855 and Ordinance Number 704, and appointments to the Tuscawilla Lighting
and Beautification District Advisory Committee. Mr. Lein inquired why reappointments
were not addressed in the Ordinance, and asked for clarification. Mr. Anthony A.
Garganese, City Attorney stated that he would check into this matter.
Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: introduced
Ms. Michele Hickey, Executive Director of Safehouse of Seminole and Ms. Patty Page,
Special Events Coordinator for Safehouse of Seminole. They gave a brief update on the
success of the recent soccer tournament (including approximately 100 teams) which was
held at Central Winds Parks. The Commission was presented with a plaque "In support
of the ongoing effort you've shown, to help victims of domestic violence in Seminole
County."
Ms. Hickey and Ms. Page also awarded Mr. Chuck Pula, Parks and Recreation
Department Director and Mr. R.T. Hillery, Sports Coordinator, Parks and Recreation
Department for their contributions. Ms. Hickey added that "They were phenomenal.
R. T. was there night and day. He did anything and everything and was on the spot
incredibly and we really want to thank them."
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Mr. Tom Helgeson, 992 Turkey Hollow Circle, Winter Springs, Florida: As the
Chairman of the Oak Forest Wall and Beautification District Advisory Committee, he
addressed earlier comments made about access to Oak Forest Lake.
.:..:. AGENDA NOTE: WITH DISCUSSION BY THE COMMISSION, THE
FOLLOWING AGENDA ITEM WAS TAKEN OFF THE CONSENT AGENDA,
AND MOVED TO THE REGULAR AGENDA AS REGULAR AGENDA ITEM
"I." .:. .:.
III. CONSENT
CONSENT
A. General Services Department
Requests That The City Commission Pass A Resolution For The Formal Adoption
Of The New Personnel Policies.
III. CONSENT
REVISED
CONSENT
B. City Manager
Requesting The Commission To Approve A Settlement Offer With Unicorp
National Development Inc. In The Amount Of $164,744.09 For Traffic Signal Mast
Arm Improvements At The Intersection Of State Roads 434 And 419.
Discussion ensued on a profit and overhead; recovered costs; whether this number had
been previously discussed; the original bid; total direct costs; the net number; and the
pavers.
CONSENT
C. Public Works Department
Requesting The City Commission To Direct Staff To Pursue Project Reallocation Of
The City's Portion Of The One Cent Sales Tax Program.
CONSENT
D. Utility Department
Requesting Authorization To Execute Amendment 63 - Town Center Force Main
For Consulting Engineering Services With Conklin, Porter & Holmes Engineers,
Inc.
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CONSENT
E. Public Works Department
Requesting Authorization To Execute Amendment 64 - Main Street (Tuskawilla
Road) Roadway Improvements For Consulting Engineering Services With Conklin,
Porter & Holmes Engineers, Inc.
CONSENT
F. Public Works Department
Requesting Authorization To Execute Amendment 65 - Spine Road Improvements
For Consulting Engineering Services With Conklin, Porter & Holmes Engineers,
Inc.
CONSENT
G. Public Works Department/Stormwater Department
Requesting Authorization To Execute Amendment 66 - SJRWMD Conceptual
Stormwater Permit For The Town Center For Consulting Engineering Services
With Conklin, Porter & Holmes Engineers, Inc.
CONSENT
H. Public Works Department
Requesting Appropriation Of Funds To Pay For Street Resurfacing Cost Overrun.
Mr. Alan Hill, Superintendent, Public Works Department answered questions and
discussed overages; bid estimates; averages; take-off estimates; cubic yardage; "quantity
bids;" contractor responsibility; and competitive bidding procedures. Commissioner
McLeod suggested "That we take a look at our procedures."
Mayor Partyka stated, "At this point in time, I'm looking for a Motion to approve the
Consent Agenda?"
"SO MOVED." MOTION TO APPROVE THE CONSENT AGENDA BY
COMMISSIONER BLAKE. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTYMAYORGENNELL: AYE
MOTION CARRIED.
COMMISSIONER BLAKE THEN STATED, "MAYOR, JUST FOR CLARITY,
THAT MOTION I MADE WAS TO APPROVE THE CONSENT AGENDA, LESS
ITEM 'A,' WHICH HAS BEEN MOVED TO THE REGU~AR AGENDA."
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.:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA
ITEM WAS BRIEFLY DISCUSSED. .:..:.
IV. INFORMATIONAL
INFORMATIONAL
C. Parks And Recreation Department .
Notifying The City Commission About Recreational Program Agreements With
Local Youth Sports Organizations And Draft Fees And Charges For Field Usage.
Commissioner Martinez asked about liability concerns, and requested that such
information be provided to the Commission. Further comments were made about
partnership agreements, and Commissioner Martinez stated that "I recall the Commission
requesting that a policy be set" to avoid previous situations.
.:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA
ITEM WAS ALSO BRIEFLY DISCUSSED. .:. .:.
INFORMATIONAL
B. Community Development Department - Land Development Division
Presents To The Commission For Informational Purposes The Proposed Site Plan
For The First Baptist Church Of Winter Springs.
Brief discussion ensued on building phases.
.:..:. AGENDA NOTE: THE COMPLETE INFORMATIONAL AGENDA ITEM
WAS THEN VOTED ON. .:..:.
INFORMATIONAL
A. General Services Department
Would Like To Advise The Commission That, Pursuant To Resolution #845, The
City's Safety Program Has Been Updated, And To Present A Copy Of The New
Safety Program Manual.
INFORMATIONAL
B. Community Development Department - Land Development Division
Presents To The Commission For Informational Purposes The Proposed Site Plan
For The First Baptist Church Of Winter Springs.
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INFORMATIONAL
C. Parks And Recreation Department
Notifying The City Commission About Recreational Program Agreements With
Local Youth Sports Organizations And Draft Fees And Charges For Field Usage.
Mayor Partyka stated, "I need a Motion from the Commission to approve the
Informational Agenda?"
"SO MOVED." MOTION TO APPROVE THE INFORMATIONAL AGENDA BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Commissioner Blake asked if the Commission should return the Safety Program
Manuals, after they have finished reviewing them. Manager McLemore said "Yes."
Tape IISide B
V. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing On Ordinance 2000-21 To
Consider Rescinding Ordinance 758, Adopted On May 8, 2000 Establishing Three
(3) Policy Statements In The Comprehensive Plan Involving Preservation Of
Historic And Environmentally Sensitive Resources.
Mr. Charles Carrington, AICP, Community Development Director mentioned that due to
a misunderstanding with the Department of Community Affairs regarding the adoption
dates and "submittals" of Ordinance Number 2000-09 and Ordinance Number 2000-10,
"It is staffs recommendation that you rescind Ordinance 758, so that we're not using up
our second submittal which we would make in August, because we have other 'Comp
Plan Amendments' that obviously need to be processed then. And that's why that is
before you. Unfortunately, in order to stay in tune with 'DCA's' deadline, it will be
necessary for the Commission to hold a Special Hearing - on Monday, July the 3rd, in
order to have the second Public Hearing on this Ordinance that's before you tonight, and
meet the requirements of 'DCA' to get this off oftheir review process."
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Discussion followed regarding other submittals; notification; and which Members of the
Commission could attend this hearing.
Mayor Partyka said, "I'll need first of all, a Motion to read by "Title" only."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance Number 2000-21, by "Title" only.
Commissioner McLeod left the dais at 7:45 p.m.
Commissioner McLeod returned to the dais at 7:46 p.m.
Attorney Garganese added, "Mayor, this afternoon I advised Staff that I've recommended
two changes to this Ordinance. Section III needs to specifically state that 'Ordinance
Number 758 is hereby repealed in its entirety, and shall not be given any force and
effect. ' Section V needs to be amended to state that the effective date of this Ordinance
shall be the date - this Ordinance is adopted by the City Commission of Winter Springs,
Florida. Mayor."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Mayor Partyka clarified that there would be a Special Meeting held on July the 3rd, 2000,
at 5 :30 p.m.
Mayor Partyka then said, "We do need a Motion to move this on to July 3rd."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
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VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: REGULAR AGENDA ITEM "D" WAS HEARD NEXT,
PRIOR TO THE REST OF THE AGENDA. .:. .:.
VI. REGULAR
REGULAR
D. Public Works/Stormwater Department
Requesting Direction Regarding The Access To Oak Forest Lake For Maintenance.
Manager McLemore further stated that his advice to the Commission was to "Heavily
weigh the option here of not disturbing any of this - there has obviously been a lot of
investment in their yards and landscaping - and then the ongoing disturbance that we do,
in coming and going, when you're doing maintenance. So, with that other alternative in
mind, I think the better approach is to use that alternative which is the entrance on
Tuscawilla. I think we should send back to the Advisory Committee that there is some
concern with the beautification aspects of the wall."
Discussion ensued on visiting sites, whenever possible; culverts; which access point was
the least disturbing to the area; and curb-cuts. Commissioner McLeod stated, "On this
last go around on this thing, I had asked the City Manager to make sure we did write to
the County, and hold our position on that." Commissioner McLeod then inquired, "Has
this been done at this time?" Mr. Kipton Lockcuff, P.E., Public WorkslUtility Director
responded that "We are waiting for tonight's decision."
Commissioner McLeod then stated, "I don't think we should have waited at this point. I
think my recommendation before was pretty clear - at least, to notify them in writing that
we were looking at that potential access, so that we held our position there."
Commissioner McLeod then stated, "I'd like to put it on the record - I don't think the gate
is more expensive than the wall. I think there should be a wash there by the contractor;
and I would recommend that we go back to the Beautification Committee, and have them
look at the Oak Forest entrance and the wrought iron that is there - that's aluminum and
see if that fits in this particular location; along with - there is one presently north of there,
that was brought out this evening. Already, the present design - if it fits, if it works,
attractively, to match Oak Forest, that's just North of there, that's already on the
drawings, as I understand it, there would be no charge for any additional design work,
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engineering work from the County. Those kind of things - I think the Board needs t.o
look at. "
Commissioner McLeod then stated regarding the "three access points for utility drainage
easement that we presently have. Each one is encumbered by fences. Each one is
encumbered by landscape - there's also a shed sitting in the one area. Now, I do know
last meeting that we had on this - that Mr. Martinez had directed that that shed was there,
and that shed was in our easement, and ought to be dragged out."
Deputy Mayor Gennell stated, "I'm concerned - mainly for the property owners who live
on the lake - of creating an attraction, for future problems - for outsiders, by access
through that gate. That's all- or by visibility through the gate." Deputy Mayor Gennell
then said, "But it is still, they would be afforded a certain amount of protection and
security, by virtue of having a solid brick wall that they are forsaking, doing this - and I
am just concerned for them; but as long as we go on the record and show that they were
asked if there was anybody there that was willing to provide alternative access, and this is
almost an access oflast resort, as a result of that."
Further discussion followed on boats; curb cuts and gates.
Commissioner Miller stated, "At the last meeting, we were going to hear something, I
thought from the Architect - whether a gate was going to be more than the wal1."
Commissioner Miller left the dais at 8:01 p.m.
Discussion ensued on easements; noise; and security concerns.
Commissioner Miller returned to the dais at 8:05 p.m.
Regarding security issues, who would have a key to the gate, and who is responsible for
damage to the lock were next discussed. Safety and possible risk liability were also
addressed. Attorney Garganese addressed minimizing potential risks.
Commissioner Blake then added, "I would support the gate and the wall with the
appropriate screening, with the appropriate safety measures; and with the understanding
that I hope this does not become policy."
Commissioner Blake left the dais at 8:06 p.m.
Commissioner Martinez spoke of easements and encroachments.
Commissioner Blake returned to the dais at 8:09 p.m.
Attorney Garganese left the dais at 8:09 p.m.
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A photograph was shown of properties abutting the Oak Forest Lake; design; curb-cuts;
safety concerns; "aprons;" and the individuals who have signed the petition.
Attorney Garganese returned to the dais at 8:11 p.m.
Further discussion followed on "Tract 'B;'" accessibility; the integrity of the wall;
easements; and what has transpired with the owner, regarding discussions and expenses.
"I'D LIKE TO MAKE A MOTION THAT - ON ITEM 'D,' THAT WE BRING
ACCESS IN THROUGH TUSKA WILLA ROAD; THAT WE WRITE THE
COUNTY AND PUT THEM ON NOTICE THAT WE WANT THAT 'APRON'
CUT IN TUSKAWILLA; AND ALSO TO DIRECT THE BEAUTIFICATION
BOARD TO GO BACK AND TAKE A LOOK AT THE EXISTING DESIGN OF
THE - ALUMINUM FENCING THAT WILL BE ON TUSKA WILLA ROAD -
AND WINTER SPRINGS BOULEY ARD, TO SEE HOW THAT DESIGN BLEND
MAY WORK; AND ALSO TO LOOK AT THE OTHER PRESENTLY
DESIGNED GATE SYSTEM, THAT IS ON THE COUNTY'S PLANS FOR THE
OPENING THAT IS NORTH; AND MAKE A RECOMMENDATION AS TO
WHICH WAY TO GO WITH THE GATE." MOTION BY COMMISSIONER
McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
I WOULD JUST LIKE TO AMEND THAT MOTION TO INCLUDE THE
ORIGINAL OF THIS PETITION BE ATTACHED TO THE MINUTES OF THIS
MEETING." (SEE ATTACHMENT "A"). AMENDMENT TO THE MOTION BY
DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
YOTE: (ON THE AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
YOTE: (ON THE MAIN MOTION)
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Commissioner McLeod then stated, "I would like to also address that the - 1 think it goes
without saying - the City Manager, the City Attorney, to get with Mr. Allen to go ahead
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and let's get an 'easement' drawn up." Mayor Partyka then said, "Yes, that's all part of
that Motion - I believe." Commissioner McLeod stated, "I just want to make sure we all
understand that. Thank yOU."
Mayor Partyka called a break at 8:20 p.m.
The meeting was called back to order at 8:40 p.m. by Mayor Partyka.
.:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE
DISCUSSED, AS DOCUMENTED. .:. .:.
REGULAR
A. Community Development Department
Requests The City Commission Schedule A Workshop To Discuss The Need For
Changes To The Code Of Ordinances Related To Wetlands, Conservation Areas
And Docks As Determined By Breedlove, Dennis & Associates, Inc. And As Related
To Floodplain Management As Prepared By CPH Engineering, Inc.
With discussion by the Commission, it was agreed that this Workshop would be held on
August ih, at 6:30 p.m.
Commissioner Martinez asked "If Chapter 8 and Chapter 9 would be included in these
discussions;" and reminded those in attendance, "I recall requesting a consideration of
Chapter 8 and 9, back in 1998."
Mayor Partyka asked that handouts and preview information also be provided, if possible.
REGULAR
B. Office Of The City Clerk
Respectfully Requests That The City Commission Make An Appointment To The
Oak Forest Wall And Beautification District Advisory Committee, To Fill The
Vacancy As A Result Of The Recent Resignation Of Committee Member Anna
Fernandez.
(This Item Was Previously Scheduled To Be Discussed At The (Previous) June 12,
2000 Regular City Commission Meeting, However The Commission Requested That
This Be Discussed On This Agenda.)
Commissioner Martinez said he is nominating Ms. Alice Louise Allen of 1065 Winter
Springs Boulevard.
Commissioner McLeod asked if the City Attorney could address the previous comments,
during "Public Input" concerning the status of appointments and reappointments.
Commissioner Martinez stated, "Point of Order. This doesn't apply to this Ordinance.
The Ordinance, this specific Ordinance is very clear and specifies that each
Commissioner will name a person, under his seat, and that two will serve for terms of two
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years, and three will serve for terms of three years. So, the question that was asked
before does not apply to this specific Board."
Attorney Garganese responded, "I've looked at Ordinance Number 98-704, and although
I think it could be written much clearer than it is written, I dpn't believe anything in this
Ordinance would prohibit the Commission from reappointing somebody to one of these
Committees. That was one of the questions. Also, as specifically set forth in the
Ordinance, even though the Ordinance sets forth some criteria for appointing initial
members - this Commission can always adopt a Resolution changing some of the
appointment criteria, as specifically set forth in this Ordinance. So, if you wanted to even
change policy midstream, about appointing members to either Oak Forest or Tuscawilla,
you could by Resolution, change that appointment policy."
After additional discussion, Attorney Garganese added, regarding "The initial terms are
expiring - the Ordinance specifically says, 'thereafter, members shall serve not more than
. two consecutive three year terms', so it implies that there will be other appointments after
the initial members were appointed." Discussion.
"I THINK IT WOULD BE APPROPRIATE TO TABLE THIS ITEM FOR A FEW
MINUTES." MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
REGULAR
C. Parks And Recreation Department
Requests The City Commission Consider Information Pertaining To A Change
Order.
(This Item Has Been Postponed Until The July 10, 2000 Regular City Commission
Meeting.)
No action was required or needed.
REGULAR
E. City Manager
Requesting The City Commission To Review The Development Agreement
Prepared By IDC Calhoun, Inc. And To Receive Stormwater And Utility Extension
Information Related To The Town Center.
Tape 2/Side A
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Mr. Terry Zaudtke, Consultant with Conklin, Porter & Homes, Inc. spoke on stormwater
issues; the flow of swales; retention for the school board property; curbs and gutters;
basins; the most viable alternative; acquisitions of property; maintaining the property;
easements for stormwater; school board; sizes of ponds; volume; and "our plan of
attack. "
Commissioner McLeod left the dais at 9: 1 0 p.m.
Further discussion included ownership of the pond.
Commissioner McLeod returned to the dais at 9: 11 p. m.
Manager McLemore then said, "Do we agree on the next step? And, the next step, I
believe is to start - contacting - members ofthe Board."
Commissioner Blake stated, "I absolutely agree that we ought to get moving on it, and I
think it is really important that the Elected Officials contact the Elected School Board
Members, as soon as possible. I think timing is very key on this. And, to make sure that
we are not working in the wrong direction now, I would ask that Staff provide us, with as
frequently as necessary, and then notify us - to let us know, that you have something
written up. If there is a change in direction of what we are doing, or what we are trying
to accomplish - for instance, the change that we've already discussed tonight, is
important for us to know, so that we are working in the right direction, and not against
something. "
Mayor Partyka asked for a "One page talk-piece, so each of the Commissioners, as they
talk to anybody, talk with the same kind of things, and beyond this - this is a start, but it
would be nice - if one page had the benefits, and maybe with another page, of just a map
of what we're talking about. Can we do that like on quick timing?"
Manager McLemore responded and said, "Sure, we could have it available tomorrow."
Commissioner Miller added, "If there are other issues that the City Manager is aware
of," that he would like to have those also included. For instance, "If there are certain
things that the schools are going to be asking us to do, which may not be directly
associated with this issue, but, if we could move quickly, and support those type of
. "
Issues.
Deputy Mayor Gennell then stated, "Maybe this goes without saying, but I would hope
that if we do acquire that, and it is developed - for water retention - that it becomes an
added park facility, of some kind."
Further discussion ensued on "Bringing water and sewer to the edge of the property," and
the issue involving service to "two different property owners, and potentially two
different developers and how you allocate that cost becomes a real issue, and what we'll
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actually come back to you with is a proposal for an additional connection charge
throughout the system which will recover most of these funds, as an alternative way of
recapturing your investment."
Additional costs; infrastructure; and "off-site costs" ("improvements downstream on our
system, that we're going to have to do as the flow increases) were next elaborated upon.
Commissioner Martinez left the dais at 9:26 p.m.
Mr. Chip Carrington, Esquire from Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
representing the James Doran Company and Mr. Shane Doran, Vice President of the
James Doran Company addressed the Commission about the proposed agreement, and
stated that they "Are on a fairly accelerated schedule here, the reason being, that the
property is under contract and there are critical dates under that contract."
Commissioner Martinez returned to the dais at 9:28 p.m.
Mr. Shane Doran reviewed some renderings of the proposed project. Discussion ensued
on the proposed building phases, and the size of some of the planned buildings; and the
"Main Street" and "Market Square" areas. Mr. (Chip) Carrington then stated that "We
would need to know, as Shane (Doran) had pointed out, at the Workshop, we would need
to know the points where the water and sewer would come into the site, so we could plan
accordingly; but, there is flexibility there - as long as we know in advance."
Manager McLemore left the dais at 9:38 p.m.
Manager McLemore returned to the dais at 9:39
Commissioner Miller left the dais at 9:40 p.m.
Further, Mr. (Chip) Carrington stated, "Article IV., [sub] b) deals with the City's
completion of Hickory Grove Park Boulevard, and establishes the time line for that. At
the point in time that James Doran would proceed beyond Phase I, which would be any
building, any increment of development beyond Phase I, at that point in time, this City
would begin construction of Hickory Grove Park Boulevard, as contemplated in the
Town Center plan. The City however would not have an obligation to proceed on that
path, if the City isn't successful on acquiring the right-of-way. I think the current
indications are that there is no impediment - no significant impediment to acquiring that
right-of-way, so, I think there are some issues that we're going to need to deal with; one
of which is 'stormwater.' We've talked about that before this discussion. And, it sounds
like we have a good plan there, but that is - in my mind probably the single impediment
to getting this done, in a timely fashion, so that we can satisfy the tenants."
Commissioner Miller returned to the dais at 9:43 p.m.
CITY OF WINTER SPRINGS
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Page 15 OF 23
Further review of the proposed do~ument continueq discussion of the "Main Street
Improvements." Mr. (Chip) Carrington added, "James Doran is committed to work with
the City, with the School Board effort, and in terms of incurring legal fees and
engineering fees and, so we would be happy to participate in that lobbying effort and do
what we can to support the City and of course our project too." Discussion followed on
density and intensity; applications for related. permits; large footprint buildings; the
Development Review Committee; anchor tenants; planned parking; one-story structures
and/or actual true two-story buildings; and special exceptions.
Mr. Shane Doran advised the Commission on the economic necessities of this plan to
include a "Publix and a Walgreens which really drive the Main Street development."
Brief discussion followed on "breaking ground;" the need for water and sewer.; and
related timelines.
Manager McLemore then stated, "there are some critical paths here that keep being
reverberated, and talked about, and we just have to deal with them; and the critical path -
number one - would be stormwater. We have to be able to conquer this one, or there is
no deal. Second one is - the acquisition of right-of-way - from the Blumbergs, for that
additional road for Hickory Parkway." Manager McLemore further said, "That one is
well under way; we have had discussions with the Blumbergs, we have talked numbers,
they are satisfied with the numbers we're talking." Manager McLemore added, "I have
asked Anthony to be developing a contract to offer them. Obviously, you would have to
be the party to that - but we would propose - to potentially maybe to get that back to you
by the next meeting, to see what their contract would look like - to approve it and
forward it."
Further, Manager McLemore stated, "We do need the surveys completed, depending on
how much time it is going to take to get the surveys done - to finally get to that point, but,
that appears to be doable, we don't appear to have any obstructions there. And then
again, on your side is the grocery store and the drug store issue. So, these kind of form
the core of the Agreement that without these things in place, all the other discussions are
interesting, but they're academic. So, let me go through those other discussion points.
Again, our very important issue, I won't call it the number one issue, is in Section IV. a)
- the issue of the timing of construction and infrastructure, and how that relates to your
timing - has to be coordinated in such a way that before we spend major bucks for
construction, we have to have some assurance that you are going to build. So, we have to
work that out, - 1'd offer a couple of things - timing and building permits - when you ask
for a building permit, that we could do a notice to proceed with construction or another
alternative we've talked about - you do up front developer financing, for which you can
be reimbursed. That's giving you the ability to do it, if you can put the deal together.
There's a couple of ways of trying to satisfy that issue."
Mr. Doran inquired, "Would that be water and sewer and, the Main Street infrastructure,
or are we talking about just Main Street infrastructure?"
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Manager McLemore replied, "No, we're talking about everything. The Commission has
approved the engineering studies tonight. They're underway. Our position is that we
would have to have the engineering studies underway. Those studies would be done to
construction detail, and we would try to go to bidding as quickly as possible. We would
not give a notice to construct, until you are ready to pull building permits." Manager
McLemore then added, "Or - there could be a performance bond, or there could be some
other letter of credit, or there could be something - as a surety that says - something that
says, that if we build two or three million dollars of infrastructure, we're getting that
money back someplace - in what you agree to do, or in some other valuable
consideration. "
Tape 2/Side B
Further discussion continued with members of the Commission, Manager McLemore,
Mr. Terry Zaudtke, Consultant, Mr. Chip Carrington, and Mr. Doran of the James Doran
Company on water and sewer issues; the design and construction of the stormwater
system; the related time line for the design and permitting of water and sewer; potential
construction timelines; "establishing a framework;" and that both parties "Over the next
week," might want to check to see "If the time frames work" and are feasible.
Mr. Doran clarified an earlier comment about tenants, and stated, "My actions are
market-driven, and I think I did give a bit of a quick answer when I said if it's not Publix
and Walgreens, it's over - and I understand what you all want, is a nice Town Center,
and some density, and some new urbanism, and a nice Main Street here, I know, is a big
focus. I'm assuming that if I come to you with two - restaurants on the corner, and do
those architecturally nice - you'd be open to that as well."
Manager McLemore then stated that regarding the water and sewer connection charges,
that "We would want the same language that we have in the Schrimsher Agreement; and
that agreement says we would not apply any specific connection charges - or impact fees
to the Town Center, that would not apply system-wide. We're talking about capital costs
now, not maintenance costs." Discussion. Mr. Doran added that they are "Donating the
right of way for Main Street - the eleven (11) feet, and the Market Square property,
which is something - and that was in consideration of getting the sewer and water and the
other things under the Agreement, that we've been talking about."
Manager McLemore then stated, "Eighteen (18) months closing after Effective Date. I
think we've moved that to Permit - rather than Effective Date."
Mayor Partyka asked Manager McLemore, "Under that point, just to add, because there
was a point that they made - the sewer points, where are they, in terms of connection,
that you had mentioned that point." Mr. Doran added that they would like to get this
information, as soon as possible.
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Page 17 OF 23
Further discussion ensued on the involvement of the School Board; large footprint
buildings; and the special exception process. Mayor Partyka stated, "Mr. McLemore, is it
safe to say that, when it comes down to our Town Center development, that we would be
in a position to act quickly on anything that comes in front of us?" Manager McLemore
stated, "Sure." Mayor Partyka added, "We're willing to work with any timing issues, as
long as it is done within the process."
Manager McLemore added that a special exception could "Allow a single story building
with a two-story fayade - or whether the Commission will say 'No, you've got to at least
'shell-out' a second story' - these are two remaining big issues, I think, that you're going
to have to settle, in order to get this thing back to the Commission in the next meeting
and get it approved." Discussion. Mr. Doran stated, that "What you end up with on
Main Street is two of the three buildings being true two-story - the third building upon
completion of Phase II, being - well, you would end up with two true two-stories and one
fayade, two-story, on Main Street which gives you, I think, the presence and feel that you
want in terms of the Main Street."
Ownership of this entire project was then discussed; along with conceptual plans; parking
considerations; and one-story and two-story buildings. Deputy Mayor Gennell stated,
"What you are representing here now is Phase I - is actually taking an additional building
from Phase II, and putting it on Phase I - on Tuskawilla Road, right?" Mr. Doran
replied, "I'm leaving that building in Phase II as far as the footprint, but I'm saying that I
will commit to make a second story functional and occupiable - but when it is occupied,
market conditions would mandate." Deputy Mayor Gennell stated, "It showed as one-
story with a parapet last time. Correct?" Mr. Doran replied, "Correct." Deputy Mayor
Gennell added, "And you're committing that to two full stories?" Mr. Doran stated,
"Yes." Deputy Mayor Gennell then stated, "And the smaller one in the middle, you
would want to keep as one-story with a fayade?" Mr. Doran stated, "Yes." Deputy
Mayor Gennell said, "And the one closer to the Walgreens, would be two full stories (as
it was shown)." Mr. Doran stated, "Yes." Deputy Mayor Gennell then stated,
"Regarding the middle one - it's one-story with a fal(ade. Can it be built in such a way as
- to enable whoever own it in the future to add the second story?" Mr. Doran replied, "It
could." Deputy Mayor Gennell stated, "I would like to see that." Discussion ensued on
related costs.
Regarding the buildings planned for Hickory Grove Park Boulevard, Deputy Mayor
Gennell stated, "So, by accepting your conceptual Phase I, Phase II, and Phase III, would
we be waiving any right later, to come in and say 'No, we as a City want those to be two-
story.' Would we be waiving that right?'" Mr. Doran stated, "Yes."
Brief discussion continued on one-story and two-story buildings. Deputy Mayor Gennell
inquired, "In their request, that we accept in principle, the substance that - Phase I, Phase
II, Phase III tonight - if we did that, even given the wording he has proposed; does that
waive our rights when they decide to make up their mind whether they want to go one or
two-story, we have no leeway then, if want somebody to go two-stories?" Manager
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Page 18 OF 23
McLemore said, "If you're going to make it mandatory, you've got to get it in the
Agreement; if you're going to make it subject to future negotiations, then that is the
language you use." "If you're going to make it subject to future negotiations, I think at
least you want to require it. If it's not true two-story, that it at least has a two-story
fayade, on those rear buildings." Discussion continued.
Mr. Doran explained - "I have other users, in essence, financially subsidizing Main
Street. It's invisible to you'll here, but to do this level, everywhere, it doesn't work, and
we have to pick one area that's more high profile than the other. I can't commit to
having this done to this level of detail."
Manager McLemore stated regarding Hickory Grove Park Boulevard - "I'm saying to
you, I think that's where you can negotiate..." Deputy Mayor Gennell added, "Make it
subject to future negotiations, instead of nailing it down, that we accept this, as it is. And
I would prefer that - to keep the height of those buildings on that back street, subject to
future negotiations."
Further discussed ensued on Phase II. Deputy Mayor Gennell further added, "Whether or
not it's one or two-stories - with a fayade or without - I think we would all do just as
well to wait, instead of just accept one-story wholesale tonight."
Artificiality; "New Urbanism;" parking ratios; and a real need for parking were next
discussed. Deputy Mayor Gennell stated, "I would concur with the City Manager to want
to go for real two-stories, along Main Street - I think it's important that we not start off
with anybody, with it being artificial, otherwise we're creating something that's just
artificial." Discussion followed on parking; "pocket parks;" emphasizing "Main Street
and maintaining some character in the back, along the parks and the park ways."
Regarding one and two-story buildings, Manager McLemore clarified, "There are two
issues. One is, is it true two-story or not; and the question is, is it all in Phase I, which is
what was voiced at the last meeting, or is it divided into Phase I and Phase II."
Commissioner Blake spoke of the I 0,500 square foot building, "The Phase II building"
and that Main Street is indeed the primary one - and asked if Mr. Doran would consider
that this building would be built "prior to many other buildings in Phase II?" Mr. Doran
spoke of risks, and added that he was making it a true "two-story building."
Commissioner Blake further explained that "What I am concerned about is that - if that
building gets pushed to the end of Phase II, then we have all this other square footage that
we are building back here, and we're not completing our Main Street - that's my
concern." Discussion.
Commissioner Blake added, "I would consider allowing these two other buildings up on
434, as I said, that's a boulevard of primary importance as well, but what I am concerned
about are the back buildings back here - or the internal buildings being built, prior to that
CITY OF WINTER SPRINGS
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REGULAR MEETING - JUNE 26, 2000
Page 19 OF 23
one on Main Street." Mr. Doran said, "I would be willing to link something back here -
to it, in the interest of moving things forward tonight."
Manager McLemore left the dais at 10:55 p.m.
Commissioner Blake further stated, "Mayor, that would be my desire to link that
building, the one that we were discussing - or requiring that building be constructed prior
to any of the buildings on the north edge - Magnolia Square, or Hickory Grove Park
Road, or the internal buildings."
Manager McLemore returned to the dais at 10:58 p.m.
Discussion. Mr. Doran clarified that "I'm proposing to link it to one of these, right on the
Park." Discussion.
Commissioner Martinez left the dais at 10:59 p.m.
Commissioner Blake explained, "All that I'm trying to do is to get that, and make sure
that building gets built as soon as possible, understanding that it may be not feasible to do
it in Phase I, but to make sure that it's near the front of Phase II, and not in the back of
Phase II."
With further discussion, it was agreed that the Manager would work on these details, and
Mr. Doran confirmed this discussion, that "For the Phase II Main Street building, we
would establish a square footage at which we would have the obligation to go forward
with that building, to be determined, based upon negotiations with the City Manager and
Anthony Garganese, and that would take care of Main Street; because we were clear on
Phase I, which would be a true two-story building and another building that would be a
fa9ade, but a fa9ade. . ." Mayor Partyka stated, that a consensus was still needed.
Commissioner Martinez returned to the dais at 11 :01 p.m.
The Commission was asked for their consensus regarding their preference for true two-
story construction or. one-story structures with the fa9ade of a two-story building.
Discussion.
Tape 3/Side A
Mayor Partyka summarized, that "I think on the stories then - Main Street - the consensus
of this Commission should be two full stories."
Mr. Doran inquired, "I assume you guys have no problem if I wanted to make that
building larger in Phase I, I'm not assuming any opposition to that?" Mayor Partyka
stated, "I believe that's okay." Mr. Doran further said, "For less than 9,000 square feet,
the economics of an elevator. . ."
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REGULAR MEETING - JUNE 26, 2000
Page 20 OF 23
Mayor Partyka further added, that it was agreed for the "City Manager to discuss with -
Doran, to come up with some kind of minimum square footage program, whatever,
amongst themselves, and then could bring it back to the Commission." Commissioner
Blake said, "... With the ultimate goal to have the Main Street Phase II buildings
constructed as early as possible." Mayor Partyka added, Commissioner McLeod has
stated that "He would like to see it market-driven." Deputy Mayor Gennell stated, "If we
get two full stories on Main Street, then I'm willing for them to negotiate out the square
footage and staging - market driven..."
Commissioner Miller stated, "It was never my understanding, right from the beginning,
that all those buildings in Phase I, Phase II, Phase III, all had to be precisely as they
appear as depicted right there." Commissioner Miller added, "It was always my
understanding that they could be a little bit bigger, a little bit smaller, a little bit further to
the right or left - this is just a conceptual. . ."
COMMISSIONER MARTINEZ STATED, "POINT OF ORDER." MOTION TO
EXTEND FOR ONE HOUR." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE : AYE
MOTION CARRIED.
Mr. (Chip) Carrington concluded by stating, "I think just to briefly clarify - I think we're
looking at - we're going to go back, Shane is going to go back and talk to the design
people about what can be done, back behind the Publix, to in effect, make things happen
on Main Street sooner, under this market driven approach."
Mayor Partyka called a break at 11:04 p.m.
The meeting was called back to order at 11:20 p.m. by Mayor Partyka.
REGULAR
F. Fire Department
Requesting The City Commission Approve Resolution Number 2000-17
Establishing Fee Charges For The City's Emergency Medical Patient Transport
Service.
"I'D LIKE TO MAKE A MOTION TO APPROVE RESOLUTION 2000-17."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - JUNE 26, 2000
Page 21 OF 23
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
"ITEM'!' BE POSTPONED UNTIL THE NEXT COMMISSION MEETING."
MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD
ADDED, "I BELIEVE IT OUGHT TO COME BACK AS PART OF THE
REGULAR AGENDA." SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
"I ACTUALLY WISH TO AMEND THE MOTION." MOTION BY
COMMISSIONER BLAKE. COMMISSIONER BLAKE STATED, "I WANT TO
AMEND THE MOTION TO ADJOURN." SECONDED. DISCUSSION.
VOTE: ("ON THE MOTION TO POSTPONE'!' TO NEXT COMMISSION
MEETING.")
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
"THE MOTION IS TO ADJOURN." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
VIII. ADJOURNMENT
Mayor Partyka stated, "This meeting is adjourned and we'll continue this to - right
before the next Regular Scheduled Meeting.
CITY OF WINTER SPRlNGS
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CITY COMMISSION
REGULAR MEETING - JUNE 26. 2000
Page 22 OF 23
Mayor Partyka adjourned the meeting at 11 :24 p.m.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS BRIEFLY
DISCUSSED EARLIER IN THIS MEETING, THEN TABLED - NO OTHER
ACTION WAS TAKEN. .:..:.
REGULAR
B. Office Of The City Clerk
Respectfully Requests That The City Commission Make An Appointment To The
Oak Forest Wall And Beautification District Advisory Committee, To Fill The
Vacancy As A Result Of The Recent Resignation Of Committee Member Anna
Fernandez.
(This Item Was Previously Scheduled To Be Discussed At The (Previous) June 12,
2000 Regular City Commission Meeting, However The Commission Requested That
This Be Discussed On This Agenda.)
.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS
WERE NOT DISCUSSED DURING THE REGULAR MEETING OF JUNE 26,
2000. .:..:.
REGULAR
G. Office Of The City Clerk
Respectfully Requests That The City Commission Decide On The Appropriate
Appointments Or Reappointments For Terms Of Office Which Will Be Expiring In
July 2000 - Pertaining To The Beautification Of Winter Springs Board; The Board
Of Adjustment; The Planning And Zoning Board/Local Planning Agency; And The
Tuscawilla Lighting And Beautification District Advisory Committee.
(This Item Was Scheduled To Be Discussed At The (Previous) June 12, 2000 Regular
City Commission Meeting, However The Commission Tabled This Item Until This
Meeting.)
ADD-ON
REGULAR
H. Office Of The City Clerk
Respectfully Requests That The City Commission Make An Appointment To The
Oak Forest Wall And Beautification District Advisory Committee, To Fill The
Vacancy As A Result Of The Recent Resignation Of Committee Member Dennis
Norsesian.
.:..:. AGENDA NOTE: THE FOLLOWING "NEW" REGULAR AGENDA
ITEM "I" WAS TABLED UNTIL THE NEXT MEETING; AND NO REPORTS
WERE MADE AT THIS MEETING. .:..:.
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 26, 2000
Page 23 OF 23
REGULAR
I. General Services Department
Requests That The City Commission Pass A Resolution For The Formal Adoption
Of The New Personnel Policies.
VII. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
REPORTS
B. City Manager - Ronald W. McLemore
REPORTS
C. City Clerk - Andrea Lorenzo-Luaces
REPORTS
D. Commission Seat IV - Cindy Gennell
REPORTS
E. Commission Seat V - David W. McLeod
REPORTS
F. Commission Seat I - Robert S. Miller
REPORTS
G. Commission Seat II - Michael S. Blake
REPORTS
H. Commission Seat III - Edward Martinez, Jr.
REPORTS
I. Office of the Mayor - Paul P. Partyka
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
AP~'RO\i"i;i't,
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. ~ . Augus t 14,
. NOTE: These minute~ were approved at the
, 2000 City Commission Meeting.
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