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HomeMy WebLinkAbout_2002 02 11 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMJISSION REGULAR MEETING FEBRUARY 11,2002 I. CALL TO ORDER The Regular Meeting of February 11, 2002 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: Mayer Paul P. Partyka, present Deputy Mayor Cindy Gennell, arrived at 6:34 p.m. Conmlissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, arrived at 6:34 p.m. City Manager Ronald W McLemore arrived at 6:31 p.m. Members of the Commission discussed Agenda Changes, and agreed that Regular Agenda Item "A" would be moved up after "Public Input." The Commission agreed to hear several Regular Agenda Items prior to the "Public Hearings" Agenda. It was also agreed that the Consent and Informational Agenda Items would be moved to follow the "Public Hearings" Agenda Items. II. PUBLIC INPUT Deputy Mayor Cindy Gennell arrived at 6:34 p.m. City Attorney Anthony A. Garganese arrived at 6:34 p.m. Mayor Partyka stated, "Let the record show that Mr. Garganese and Commissioner Gennell are here." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 2 OF 36 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: presented each Member of the City Commission a video and related documentation on the issue of a "Paws Park." Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: as a member of the Central Winds Park Expansion Ad Hoc Advisory Committee, Ms. Davoli spoke on her volunteerism and her concern with the efforts of the Central Winds Park Expansion Ad Hoc Advisory Committee. / Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: commented on the proposed gas station at Hayes Road, and meetings the City Manager has had with developers. Ms. Drebert also asked for a copy of the Traffic Study as it relates to the proposed gasoline station to be built at the corner of Hayes Road. Discussion. Mr. Gene Lein, 1172 Winged Foot Circle, Winter Springs, Florida: suggested that the audio visual equipment in the Commission Chambers be used to present maps and drawings to the audience as much as possible, especially tonight. Ms. Antoinette Jardin, 15 La Vista Circle, Winter Springs, Florida: commented on the proposed gas station at Hayes Road; asked several questions about this project and said that she has copies of the bills for the property line fencing and asked who the bills should be sent to, for reimbursement. Commissioner Edward Martinez, Jr. said to Ms. Jardin, "The Ava Anthony people agreed to correct the condition of the building of the fence, the last time we were here." Ms. Cindy Slack, 1220 George Street, Winter Springs, Florida: spoke on her concerns with the Nursery Road issue; thanked the Commission for the sign; and addressed various concerns such as traffic problems, wells, and providing access for large vehicles such as buses and emergency vehicles. Mr. Curtis Slack, 1220 George Street, Winter Springs, Florida: Mayor Partyka stated that Mr. Slack was "Opposed," regarding the Nursery Road issue. Mr. Slack did not address the Commission. Ms. Ruth Bilskie, 103 Melton Drive, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated, "She is "Opposed," regarding the Nursery Road Issue. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 3 OF 36 Mr. Dennis Bilskie, 103 Melton Drive, Winter Springs, Florida: did not address the Commission. His "Public Input" form noted that he was "Opposed," regarding the Nursery Road issue. Mr. and Mrs. David Bohnstadt, 1170 Talmo Street, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated, "They are "Opposed," regarding the Nursery Road issue. Mr. Kevin Lathrop, 1230 George Street, Winter Springs, Florida: did not address the Commission, and Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Ms. Cheryl Lathrop, 1230 George Street, Winter Springs, Florida: did not address the Commission. Ms. Lathrop's "Public Input" form noted that she was "Opposed," regarding the Nursery Road issue. Mr. Ed and Deanna Lathrop, 1230 George Street, Winter Springs, Florida: did not address the Commission and their "Public Input" form noted that they were "Opposed," regarding the Nursery Road issue." Mr. Andrew Chipchak, 1221 George Street, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Mr. Tom Gekas, 1115 Oak Lane, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Mr. Harold Spangler, 1162 Talmo Street, Winter Springs, Florida: also did not address the Commission. Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Ms. Lilia1l Spangler, 1162 Talmo Street, Winter Springs, Florida: did not address the Commission and Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: spoke about her concerns with the Avery Park project such as a request for a ten foot (10') buffer, and that the dumpster be moved. Mr. Michael Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: also spoke of his concern with the Avery Park project and noted how fast this project seemed to be movmg. Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: identified some of his concerns with the A very Park project such as the lights and the dumpster. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 4 OF 36 Ms. Lisa Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: Mayor Partyka stated "Let the record show she is opposed." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR A; Office Of The City Manager Requests The Commission Readdress The Open Alcoholic Beverage Container Issue As Requested By The City Commission. Chief of Police Daniel J. Kerr introduced Chief Deputy Steve Harriet of the Seminole County Sheriffs Office. Chief Kerr stated that regarding a proposed Open Alcoholic Beverage Container Ordinance, "We are the only City in Seminole County that does not have such an Ordinance - and it's just a necessity to have uniformity and the ability to be able to enforce this Ordinance." Chief Deputy Steven D. Harriet, Seminole County Sheriff's Office, 100 Bush Boulevard, Sanford, Florida: addressed the City Commission regarding the proposed Ordinance, and stated this would be "A tool that would as a proactive or preventative measure, ensure the regulation of certain conduct in public areas." Chief Deputy Harriet added that with this in hand, our Police Department would "Have this as a means to regulate this type of conduct should it become a problem for your City" and "It still leaves the discretion of enforcement to the enforcement officer - by no means are you declaring that there be a zero tolerance. It would be at the discretion of the City Commission, through the City Commission, through the City Manager no doubt, to the Police Chief to determine how and where you would want this Ordinance enforced." Further, Chief Deputy Harriet said, "It would certainly be our recommendation to you that it would support and compliment the existing County Ordinance that regulates open containers and it would be very similar to all of the other Ordinances that we find in place in the other municipalities." Chief Deputy Harriet then stated, "Again, it allows us to regulate conduct that might contribute to an erosion of an orderly society." Discussion. Chief Kerr advised the Commission, "Weare beginning to experience more of these type of complaints from our multi-residential areas, apartment complexes where people call us about groups gathering and drinking." Chief Kerr explained that his officers "Talk to the individuals that are drinking, but we really don't have the ability to ask them to move on, because we don't have an Ordinance, and it's not until they become disorderly or they become intoxicated that we are able to take action and by that time, in a lot of cases we have either their participation in fights or they assault someone who walks through the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 5 OF 36 area or when we do have to make an arrest for being intoxicated, then they resist arrest. So it real1y exaggerates the problem - if we were able to initially say - we have an Ordinance about drinking in public, we would appreciate it if you would go to your yards or your homes, or to an area that is acceptable, rather than in front of other peoples homes and parking lots." Chief Kerr emphasized, "It's a quality oflife issue." Tape 1/Side B Chief Kerr added, "Our desire would be to be able to warn people that - you are drinking in public, we have this Ordinance, and if we have to come back, it's a situation that we would have to make a charge." Further discussion. Chief Kerr stated, "I think the way that this Ordinance has been written by the City Attorney really addresses those kind of concerns." Manager McLemore asked Chief Deputy Harriet "Are you aware of the County Commission getting any complaints on this Ordinance - is it being abusive or dealt with in an unfair way with the public?" Chief Deputy Harriet explained that the Sheriffs Department often enforces not only County Ordinances but often City Ordinances and stated, "To my knowledge there have been no complaints lodged either when we enforce the City Ordinance or the County Ordinance. Again, it's one that is discretely enforced- when it's appropriate, warnings are rendered. When not, when it's time to take' enforcement action, because it's a continuing problem and there is a pattern of abuse there and it's detracting from the quality of life in that particular neighborhood, then that's when the enforcement activity occurs." Commissioner Miller spoke for the record on his support of this proposed legislation. Discussion followed on public/private areas. Chief Deputy Harriet then stated, "I think the concern here is giving the law enforcement authority in the City of Winter Springs the ability to address some sort of manifested problem, in an area that is either public or open to the public as a matter or right or custom - thus the reference to the private areas, i.e. privately owned or operated, managed parking lots such as shopping centers or apartment complexes." Chief Deputy Harriet added, "If you're concerned, just exempt out someone's private lawn." Chief Kerr said to the City Commission that when the City Attorney "Designed and wrote this, it was based on a model Ordinance that cities in Florida put together, so - if it's a word or a particular area that you want stricken from this Ordinance, it would be appropriate to do. The reason why a private driveway is in there - for example, if CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 6 OF 36 someone is in the roadway drinking or in an area and they can go up into your driveway, it's not their private driveway, but if it's not in the Ordinance here, and they step up into your driveway and say 'Well, you know I'm drinking in a private driveway, you can't enforce this' - well, obviously you don't want them standing in your driveway drinking and causing a disturbance." Discussion. Commissioner Michael S. Blake suggested, "I would like to see this brought back to us, re-written, without some of these other extraneous words in here and defining what it is we are trying to do." Attorney Garganese stated, "If the Commission wants us to bring back an Ordinance, I would appreciate some additional input on how you would want this narrowed." Attorney Garganese added, "I would like some clearer direction if we are going to come back with another Ordinance." Commissioner Martinez stated, "I still am of the opinion that this Commission should consider an Ordinance to assist the Chief and his troops to handle the streets correctly." Chief Kerr then explained that often people who live in an apartment complex get together, drink alcohol and are possibly harassing others and when the Police get called to the area they are fine - but "As soon as we leave they go back to the same activity they were doing. We get called back, only now, maybe after the second or third time we're called back, they are intoxicated to the level where we can arrest them, but, by that time, they have already assaulted someone, or now they are at the level where they want to resist arrest and it has escalated to a much worse situation." Chief Kerr further stated, "We don't want an Ordinance where we can drive around and spot people drinking." Additionally, Chief Kerr suggested, "Maybe what I should do is invite you to ride along with our officers, in those areas and experience some of the calls that they are going to, as they feel helpless to assist the people there until it gets to the point where we have crime oc~urring." Additionally, Chief Kerr added, "I'm looking to try - by this Ordinance and with this kind of activity, make our City as safe as we possibly can." Chief Kerr explained that problems will only escalate as the City grows. Chief Deputy Harriet suggested that the Commission consider this "Open Container Ordinance - as a preemptive measure to apply to a developing or established problem that law enforcement has to deal with." Deputy Mayor Gennell suggested that the Ordinance be written in "Such a way that it applies to the areas you intend to use it - if it is not intended for single family residential neighborhoods, then say so." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 7 OF 36 Manager McLemore explained that civil disorders follow a process, and further advised the Commission that Chief Kerr and Chief Deputy Harriet are "Trying to prevent that process from exploding by having an early ability to intervene in a civil disorder process." Manager McLemore further said that "Wherever you have these civil disorders where people are getting into a situation where anger and alcohol is mixed, you are going to have a situation that potentially builds out of hand, and what they are trying to tell you is an Ollnce of prevention is far less - than having to put in a pound of enforcement." Further, Manager McLemore said, "How do you deal with them in the least offensive way - and that's all they are trying to say." Additionally, Manager McLemore suggested, "The whole idea is to stop an escalating process at its earliest point, and that is all they are trying to do." "I WOULD LIKE TO MAKE A MOTION - RECOMMENDING THAT THE CITY ATTORNEY GET TOGETHER WITH THE CHIEF AND BRING BACK AN ORDINANCE THAT WOULD PLEASE THE REST OF THIS COMMISSION, SO WE CAN ASSIST IN THE ENFORCEMENT OF THIS SPECIFIC ASPECT OF LAW WITHIN WINTER SPRINGS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE ASKED MANAGER McLEMORE FOR CLARIFICATION AND FURTHER STATED, "IF YOU CAN PUT WHAT YOU JUST DESCRIBED INTO AN ORDINANCE - I KNOW I PERSONALLY WOULD BE MUCH CLOSER." Commissioner Martinez stated, "Point of Order" and commented on the Motion. MANAGER McLEMORE STATED, "THE ANSWER TO THE QUESTION IS, EMBEDDED IN YOUR LAW - YOU'LL HAVE TO HAVE THAT PROVISION, BUT THERE NEEDS TO BE OTHER GUIDING LANGUAGE THAT DEALS WITH THAT, IN MY OPINION." Tape 2/Side A COMMISSIONER BLAKE STATED, "THEN I WOULD LIKE TO SEE THAT." DEPUTY MAYOR GENNELL STATED THAT "THERE IS NOTHING IN THIS ORDINANCE THAT SAYS THAT IT IS DISCRETIONARY, THAT WE ARE GOING TO GIVE THEM A WARNING." DEPUTY MAYOR GENNELL ADDED THAT HER COMMENTS WERE APPLICABLE TO THE MOTION MADE BY COMMISSIONER MARTINEZ "BECAUSE THAT WAS A CONCERN THAT I HAVE THAT THEY ARE GOING TO NEED TO ADDRESS WHEN THEY DRAFT THIS - PROPOSED ORDINANCE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 8 OF 36 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Chief Deputy Harriet stated, "If the Sheriff s Office Legal staff could be of any assistance to the City Attorney, the City Manager, the Police Chief, in drafting this Ordinance, feel free to call on us." REGULAR D. Community Development Department - Building Division Requests That The Commission Reconsider A Request Of John Laudani, On Behalf Of The Homeowners Howard And Libby Baity, For A Variance In The Elevation Of The Finished Floor At 627 Sailfish Road. Mr. Dennis Franklin, Building Official, Building Division, Community Development Department introduced this Agenda Item to the Commission. Discussion. Mr. Charles Carrington, AICP, Community Development Department Director read a Section of the Code in regards to this Agenda Item. Discussion. Commissioner Blake stated, "Point of Order" and spoke of the application of a different Section from the Code of Ordinances. With brief discussion, Manager McLemore stated, "We can give the testimony on the record that we are recommending approval under that Code Section under Section - 8.34., rather than the one stated in your document." Further discussion. "I WOULD SUGGEST THAT WE POSTPONE THIS UNTIL THE NEXT COMMISSION MEETING - AND THAT'S A MOTION, AND HAVE STAFF BRING IT BACK WITH SOME OF THE COMMENTS AND OBSERVATIONS THAT HAVE BEEN MADE BY THE VARIOUS COMMISSIONER'S." MOTION BY COMMISSIONER MILLER. AS THERE WERE OTHERS WISHING TO SPEAK. MAYOR PARTYKA DID NOT ACCEPT THIS AS A MOTION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY I I. 2002 PAGE 9 OF 36 "I WILL MAKE A MOTION AGAIN THAT WE POSTPONE IT - THAT'S THE ORIGINAL MOTION - MOTION TO TABLE UNTIL THE NEXT COMMISSION MEETING, AND HAVE STAFF BRING IT BACK WITH SOME OF THE OBSERVATIONS THAT HAVE BEEN MADE INCLUDED IN THE PACKAGE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Blake stated, "Point of Order," and asked whether discussion was allowed. "MOTION TO APPROVE THE VARIANCE INCLUSIVE OF ALL THE DOCUMENTS AND AGREEMENTS THAT WE HAVE RECEIVED, AND CONTINGENT UPON THE EXECUTION OF A 'HOLD HARMLESS INDEMNIFICATION AFFIDAVIT' THAT IS SIGNED, NOTARIZED, AND RECORDED IN THE RECORDS OF SEMINOLE COUNTY, AND IF WE ATTACH THAT TO THE MOTION THEN IT CAN BE UP TO THE CITY ATTORNEY THEN TO MAKE SURE THAT THAT DOCUMENT IS COMPLETED AND ONCE THAT HAS OCCURRED, THEN THEY ARE DONE - THEY DON'T HAVE TO COME BACK BEFORE US AGAIN." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE." MAYOR PARTYKA DID NOT ACCEPT THIS AS AN AMENDMENT TO THE MOTION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: NAY DEPUTYMAYORGENNELL: NAY COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE VARIANCE UNDER SECTION 8-34. (b) (5), INCLUSIVE OF ALL THE DOCUMENTS PRESENTED TO US TONIGHT AND THE DISCLOSURE STATEMENT THAT HAS BEEN FILED AND RECORDED IN SEMINOLE COUNTY, CONTINGENT UPON THE EXECUTION OF A 'HOLD HARMLESS AND INDEMNIFICATION AFFIDAVIT' PROTECTING THE CITY OF WINTER SPRINGS THAT IS DULY NOTARIZED, AND RECORDED IN THE RECORDS OF SEMINOLE COUNTY, AND ONCE THAT DOCUMENT HAS BEEN COMPLETED, UPON THE APPROVAL OF THE CITY ATTORNEY, THEN THE VARIANCE WOULD BE GRANTED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 10 OF 36 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mayor Partyka said to Mr. Franklin, "I would urge Mr. Franklin to get together with the people and do all those necessary documents that has to be done.- and you'll check with the City Attorney or City Manager and make sure all those things are done." REGULAR E. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Howard Rosenfeld, 1034 Winter Springs Boulevard To Park His Over-Sized Recreational Vehicle At His Residence. Ms. Jimette Cook, Manager, Code Enforcement Division, Community Development Department addressed the City Commission on this issue and read several letters into the record. Mr. Harold Rosenfeld, 1034 Winter Springs Boulevard, Winter Springs, Florida: addressed the City Commission regarding his situation and summarized, "All I am asking for is permission to bring my vehicle to my driveway, park it overnight while I load up, start my refrigerator when I have to, and be offthe next day." Much discussion. Commissioner Blake suggested that "Perhaps, what we might want to do is look at the Codes." Regarding this complaint, Ms. Cook stated that "We could use some direction." Commissioner Blake added, "My recommendation would be that we do not take action on this tonight; that we send it back to Staff for some additional research and perhaps review the Code to see what we might do to be more realistic in some of the Codes - and also take a careful look at the commercial aspect of this particular use." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY I I, 2002 PAGE I I OF 36 With further discussion, Commissioner David W. McLeod spoke on what was before the Commission regarding this Agenda Item and added, "If we feel our Code is different, then I think we ought to research that thing and go forward." Additionally, Commissioner Robert S. Miller commented on large commercial vehicles such as eighteen (18) wheeler types of trucks and added, "I just would not like to see this get out of~and in that regard." "I WOULD LIKE TO MAKE A MOTION HERE - I BELIEVE THIS GENTLEMAN DOES HAVE A MOTOR VEHIClLE THAT FALLS UNDER CAMPING DEVICES BUT IS PROBABLY LICENSED BY THE STATE OF FLORIDA AS SUCH - I DON'T BELIEVE IT IS LICENSED AS A COMMERCIAL VEHICLE; THEREFORE, I WOULD MAKE A MOTION THAT WE DO GIVE HIM A PERMIT FOR A YEAR TO BE ABLE TO LOAD FOR NO LONGER THAN ANY FORTY-EIGHT (48) HOUR PERIOD IN COMPLIANCE WITH SECTION 20-411. (b)." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR K. Office Of The City Manager Requesting The City Commission To Consider Further Consideration To Concept Plans For Ava Anthony, Inc. To Construct A Gas Station And Convenience Store At The Corner Of Hayes Road And State Road 434 As Part Of Negotiations Of A Settlement Agreement With The Developer Relative To Vested Rights. Manager McLemore addressed the Commission and spoke of what has transpired thus far. Tape 2/Side B Manager McLemore advised the Commission that at the rear of this project, "Along that fence line is going to need a substantial amount of treatment - landscape materials." Further, Manager McLemore stated that another area was in need of work: "At the edge of this development of Phase eight (8), that we needed treatment to divide it from the balance of the tract in order to have the landscape go fully around the building." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 12 OF 36 Mr. Arron J Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola, Orlando, Florida: as the Attorney for the developer, Mr. Garovitz suggested that they wanted to know if they were on track and added that they were going to be "Bringing you back a Developer's Agreement at the next Meeting." Mr. Garovitz stated, "We pretty much were able to get from the Chevron folks, carte blanche to change their entire theme, the way they present their sites - the only thing we couldn't do was get an authorization to remove the blue stripe, which is something we asked for, but we told them that the sign package otherwise would be completely different than anything they have ever seen. It will be designed specifically for the City of Winter Springs and they have signed off on that." Mayor Partyka asked Mr. Garovitz for his comments on some of the questions that Ms. Antoinette Jardin had asked about earlier in tonight's Meeting. Mayor Partyka stated, "Texaco is now Chevron right?" Mr. Garovitz stated, "This will be Chevron, yes." Mayor Partyka then said, "The Ava Anthony company, is that the company that is going to be handling this convenience store/station?" Mr. Garovitz responded, "They are the developer, but there is a company called Medallion [Convenience Stores, Inc.] - that we've taken Ron (McLemore) around to all of the Medallion sites." Mayor Partyka then said, "Safeguards on possible future abandonment - that talks to the fiscal strength of the company?" Mr. Garovitz said, "Medallion and Chevron are both huge and Mr. Anthony is going to have it all in a Developer's Agreement." Mayor Partyka then said, "The fence issue -- reimbursement?" Mr. Garovitz stated, "She said they had to put up a fence because ours wasn't up and we committed that when we pull our building permit, we will reimburse them for the actual cost of the expense. We just want to get - we need to make that a condition of the building permit. We just want to get receipts to make sure it is a real number." Commissioner McLeod said, "I don't see a retention pond anywhere?" Mr. Garovitz responded, "On the final site plan, obviously the retention pond will be there." Furthermore, Mr. Garovitz said, "The pond I would imagine will be on the interior portion of the building when you are looking at the building on the right, it'll be landscaped as well - you know, commensurate with the other landscaping." Commissioner McLeod then said, "The retention pond for these two (2) pieces of property, at that time was one, now you are talking about splitting them - over next to the Cumberland Farms. My question - do you plan to have one common pond for both parcels?" Mr. Garovitz stated, "I don't think that's been determined. What we are going to do for both parcels is what you asked in the Developer's Agreement. We couldn't depict this. We are going to require that the architecture be compatible, that the landscaping be compatible on both pieces, so what you see here is similar to what you'll get there. Where their pond will go and whether it will be joined, I don't know yet." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11, 2002 PAGE 13 OF 36 The width of the proposed island was discussed next. Mr. Garovitz stated, "It's eight feet (8') wide and he talked about a two-foot (2') berm. That will actually change a little bit. When you get to the end it will be about two and one half feet (2 12') - you can't go much higher because the cars are going to be turning." Mr. Garovitz also said to the City Commission that "We hired the landscape architect by the way, who did Alaqua and did Heathrow. We went out and found the best guy that we could and what he told us is that you will end up with a roll, you really can't have a full berm. But he said that there would be a difference between an at-grade planting versus something with a roll, not a big berm and he thought that given the eight feet (8'), that was the best presentation. That was his professional opinion. So we told him to go with that. " Commissioner McLeod stated that "I did not see any treelil1es other than until you get to the corner showing a tree in the corner" - "Along the front of 434." Mr. Garovitz responded, "The landscape architect suggested annuals and colorful - plants. His recommendation was to do this kind of thing." Mr. Garovitz pointed along the drawing and said that it would go to about two and one half feet (2 12') - "In the middle and have almost like a - I don't want to say a residential entry feature, but something in that nature." Commissioner McLeod added, "What I have seen a lot of communities doing in order to soften the look of these stations along the corridors is naturally try to treeline them so that it does appear that it is back in the trees. I don't see that on this corridor." Mr. Garovitz explained, "The recommendation was really to not have trees in front, but to have the berm and the plantings." Commissioner McLeod asked whose recommendation this was. Mr. Garovitz then said, "The landscape architect." Commissioner McLeod then said to Mr. Garovitz, "Would you go back and ask him about possibly some trees on the front" to soften the look. Commissioner McLeod then inquired about the water fountain feature. Specifically, Commissioner McLeod asked Mr. Garovitz, "How are you going to keep it maintained to be something that doesn't look like it was a fountain on a building that had the water shut off?" Mr. Garovitz stated, "Well, that's something we'll look at, and maybe we'll do it with different and more dressed up landscaping, but we'll take a look at that." Commissioner Blake spoke of his concerns with keeping the landscaping looking great and asked Mr. Garovitz, "What sort of steps are you willing to take to make sure that what is depicted to us in nice 4-color - photos - is what we would actually see, and what the neighbors around the station, indeed the customers would see?" Mr. Garovitz responded, "The difference between this and probably almost every other development, is that we are going to enter into a specific Developer's Agreement that is going to give the City enforcement rights well above what would ordinarily be the minimum Code Enforcement rights." Mr. Garovitz added, "We'll get with the Attorney and agree to some stipulated fines and self help and other things, so that the City will be comfortable CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 14 OF 36 that what you see is what you are going to get. The other thing which is not legally binding is a technical matter - I can tell you that Mr. McLemore took a tour of this operator's stations all over town and they don't let them get run down. That's not to say that they wouldn't in the future change the policy." Commissioner Blake then asked about the east elevation (from Hayes Road) which had not been included in the packet of information given to the Commission. Mr. Garovitz stated, "When you come up along Hayes, you'll have two (2) more of these architectural features, I don't know what it's called - and more heavily landscaped areas. There will be one here and one here so it will look like an entry feature. I have assumed although I have not specifically spoken to the architect that the fayade on the building here would have similar treatment over here - I don't want to tell you it will be identical, but I can tell you it will be similar." Commissioner Blake stated, "I would hope that it would be at least as nice, and possibly even nicer since that is the side of the building that would be more exposed than the west side." Regarding signage, Mr. Garovitz pointed out the location of the "Name" sign and added, "The rest of the signage package will be done with - to meet your Code." Commissioner Blake then said to Mr. Garovitz, "You understand that if we decide that we like this landscape plan and if we were to go forward, that that sign would specifically not be an approved location - that can only happen in and of itself." Mr. Garovitz stated, "Sure." The height of the canopy was the next issue discussed and Mr. Garovitz briefly explained that through their due diligence, "You really do need it for safety purposes to be sixteen feet (16')." Discussion. Manager McLemore said to Mr. Garovitz, "The only way you are going to solve that problem out on the front and I mentioned this to you in a meeting, is I would at least like to see the option of a small amount of hardscape along the front, which would mean maybe a two foot (2') fence-like structure that breaks that up - I think a small amount of brick that gives you a footwall." Manager McLemore added, "It would give you the break between the street that you are looking for, and there would be plantings behind it and maybe incorporated in it." Managyr McLemore then said that "I would at least like to seek that option on paper, and I think it would be - it can be done and I would be more than happy to talk with him." Regarding trees along State Road 434, Deputy Mayor Gennell said to Mr. Garovitz, "I would just ask you to have something at least representative of the pictures you are showing us here." Furthennore, Deputy Mayor Gennell stated, "Just keep the trees up where they are sizeable - that's all I ask." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 15 OF 36 Commissioner Miller then commented on the suggested height of the canopy and stated, "I would like to see some of this - notification that you are talking about which has to be displayed when we go to a fourteen foot (14') canopy." Further, Commissioner Miller stated, "I also feel that we need more trees which brings me to my next point of how to accomplish that." Commissioner Miller also thought that the concept of the footwall was a good idea. Additionally, Commissioner Miller suggested that "Between the edge of the green space and the back of the - proposed store, and that just seems like it may be something that could be looked at, to move the building back five (5) or six feet (6') and haT.'e only a ten (10) or fifteen (15) opening in the back, large enough for an automobile to get through, and then move the pumps and the building back which would give you a lot of space up in the front to attend to trees that would really make this site look - I think much better in the end." Commissioner Martinez said, "There is a lien of $44,000.00 by the City of Winter Springs, running at the rate of $250.00 a day in fines, and there is a case in court which Code Enforcement has taken there. I don't know how much the total amount is to date but it has grown considerably and I would like to ask the applicant if you have paid the City lien?" Mr. Garovitz stated, "I don't know the answer to that." Commissioner Martinez then asked, "Do you know if you have paid any of the liens on that property prior to you acquiring ownership?" Mr. Garovitz responded, "Obviously, all that will have to be dealt with in the context of building permits. I don't know the answer." Commissioner McLeod spoke of the height of traffic lights and the proposed canopy height that Mr. Garovitz stated should be at a height of sixteen feet (16'). Commissioner McLeod asked Mr. Garovitz - if the City could show that a low height was acceptable and not required, would you "Go back to them and see about fourteen feet (14')?" Mr. Garovitz stated, "Sure." Commissioner McLeod then commented about the "Height and the clearance of the stop lights" and said to Manager McLemore, "I would like to have you confirm that with DOT, if you would please, or have Kip [Kip ton D. Lockcuff, P.E., Public WorkslUtility Department Director] - the Department of Transportation can tell us the height requirement for the stop lights." Mr. Garovitz added, "If it's fourteen-six (14'6") - that's no problem." Regarding the two-foot (2') wall, Commissioner McLeod suggested that he would be concerned with the wall getting infested with algae, as a result of the involvement of an irrigation system and the landscaping. Tape 3/Side A CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 16 OF 36 Commissioner McLeod - suggested, "A single directional one way around that building which would enable there to be more "Width at the street." Commissioner McLeod further recommended the need for "That turning radius and space" and added, "I would be very much in favor of seeing if you can't slide the building back and have a single directional behind the building." "UNDERSTANDING THAT THE TRASH DUMPSTER WILL BE AS FAR AWAY FROM THE RESIDENTIAL AREAS AS POSSIBLE, RIGHT? - THEN, MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO CONTINUE MOVING IN THE SAME DIRECTION, BRING BACK THE ISSUES THAT WE HAD TONIGHT, IN FACT - I THINK IT MIGHT BE BENEFICIAL FOR THEM TO BRING BACK NEXT TIME, A DRAFT DEVELOPER'S AGREEMENT WITH TWO (2) SEPARATE LANDSCAPE IDEAS, IF THEY MIGHT - ONE INCLUDING THAT HARDSCAPE ISSUE THAT THE MANAGER WOULD LIKE TO SEE, AND THE OTHER, MORE IN LINE WITH WHAT COMMISSIONER McLEOD - WE'RE NOT TALKING ABOUT TOTAL REDRAW HERE, WE'RE JUST MAYBE TALKING ABOUT A LITTLE EXTRA HERE, A LITTLE DIFFERENT WAY THERE AND BRING THAT BACK WITH THE IDEA THAT AT THE NEXT MEETING WE WILL MAKE A FINAL DECISION - HOPEFULLY, CAN'T GUARANTEE THAT, BUT HOPEFULL Y MAKE THE FINAL DECISION WHETHER TO ENTER INTO A DEVELOPER'S AGREEMENT OR TO GO AND DISCUSS THE VESTED RIGHTS ISSUE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 17 OF 36 III. CONSENT CONSENT A. Finance Department Requesting The Commission Approve Resolution 2002-02 Which Authorizes The City To Establish And Maintain Accounts With Bank Of America And Designates The City Manager, Finance Director And The City Treasurer As Authorized Representatives To Execute Documentation Required By The Bank. CONSFNT B. Community Development Department - Building Division Presents To The City Commission For Its Consideration An Interlocal Agreement Entitled "Local Compliance Review Board Of The Florida Building Code Interlocal Agreement" Which Would Establish A Countywide Compliance Review Board As Required Under The Impending Florida Building Code. CONSENT C. Office Of The City Manager Requesting The Commission Adopt Resolution Number 2002-05 Which Supplements Resolution 2001-48, Authorizing And Approving The Negotiated Sale Of $3.4 Million In City Of Winter Springs, Florida Limited General Obligation Bonds, Series 2002; Authorizes The Sale To Our Underwriters And Appoints The Paying Agent And Registrar. CONSENT D. Office Of The City Clerk Approval Of The Minutes Of The January 28, 2002 Regular City Commission Meeting. "I WOULD LIKE TO MAKE A MOTION WE APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 18 OF 36 Mayor Partyka called a break at 9:38 p.m. The Meeting reconvened at 9:54 p.m. Commissioner Miller returned to the Commission Chambers at 9:55 p.m. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Not Used. PUBLIC HEARINGS B. Not Used. PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-03 That Would Annex A 4.88 Acre lParcel, Owned By Wayne P. And Robin R. Roberts. Mr. Earnest McDonald, AICP, Advance Planning Coordinator Community Development Department introduced this Agenda Item. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" and added, "The only thing that we are gO~Ilg to need to get is a metes and bounds legal description of the property, which Staff is in the process of doing before advertising this Ordinance for Second and Final Reading." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 19 OF 36 Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one addressed the Commission. The "Public input" portion of this Agenda Item was closed. Brief discussion ensued on enclaves. "I MAKE A MOTION TO MOYE ITEM 'c' TO SECOND READING AND TO - ADD TO IT THE METES AND BOUNDS DESCRIPTION." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. YOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Industrial" To The Properties Totaling 6.5 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. Commissioner Blake said, "Point of Order" and asked that Regular Agenda Item "e" along with Public Hearings "D" and "E" be handled at the same time. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOYED." MOTION. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 20 OF 36 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion ensued on various neighboring properties and their designations. Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: addressed the Commission on neighboring parcels, and land use designations. Manager McLemore suggested, "I recommend that we Table this matter to the next Meeting." Discussion. Commissioner Martinez stated, "Point of Order" and commented on the land use classifications. With further discussion, Commissioner Blake explained that "My real concern here is - it's the issue of transition, and the issue of whether or not a 'C-2' - just for Zoning and 'Industrial' Land Use designation is suitable on property that - currently has a Land Use designation of 'Low Density Residential' and most specifically if property adjacent to currently existing and developed 'Low Density Residential' is suitable for us to zone and plc:.ce a Land Use designation of 'Industrial. ", "MY FIRST MOTION WOULD BE TO POSTPONE UNTIL FEBRUARY 25TH, 2002, CONSIDERATION OF 1st READING OF ORDINANCE 2002-01 - PRESERVING OUR ADVERTISEMENT FOR PUBlLIC HEARING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 21 OF 36 PUBLIC HEARINGS E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 6.2-Acre Tract, Located On Nursery Road On The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", And R-I-A "Single Family Dwelling" District To (City) C-2 "Industrial." "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE UNTIL - FEBRUARY 25TH, 2002, THE CONSIDERATION OF 1ST READING OF ORDINANCE 2002-02, PRESERVING ADVERTISING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. VI. REGULAR REGULAR C. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 6.2-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17-92 And Nursery Road. "I WOULD LIKE TO MAKE A MOTION TO POSTPONE UNTIL - FEBRUARY 25TH, 2002, THE CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND THE PROPERTY OWNERS ON THE U.S. 17-92 AND NURSERY ROAD PARCELS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 22 OF 36 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka stated, "Based on the background that goes back almost a year ago on the Talmo Street or Talmo Road area - we have told those people, they had requested that they would like to be considered for annexation into the City of Winter Springs, and I only this evening found out that we have not made any efforts at all to get them information to understand the whole annexation process. And, I thought that was being done. So, Ms. Slack basically said she would coordinate getting - information, and I thought that was there a year ago. So, whatever it is that we could give her, at least for that group to consider annexation - to apply for annexation." Manager McLemore advised Mayor Partyka that "All of our inquiries with people on Talmo was they were not interested after they got what they wanted from us." Mayor Partyka added, "Ms. Slack, you said you would 'coordinate, again, follow-up on that from a year ago. You just call up either Mr. Carrington - or Mr. McLemore." Manager McLemore stated, "We'd be happy to accommodate you." REGULAR B. Information Services Department Wishes To Update The City Commission On The Various Documents Being Placed Or The City's \Veb Site And Request That The Commission Determine The Length Of Time Those Documents Are To Be Left On The Web Site. Ms. Joanne Dalka, Information Services Department Director addressed the Commission on this Agenda Item. Mayor Partyka asked Ms. Dalka "What's your recommendation?" Ms. Dalka stated, "I can keep them up there for two (2) years - and that's my recommendation." Discussion ensued on related costs and work products. "MOTION TO APPROVE STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 23 OF 36 MAYOR PARTYKA CLARIFIED THAT THE TIME BEING RECOMMENDED BY STAFF IS "TWO (2) YEARS." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR F. Police Department Requesting The Commission To Give Approval To Purchase Used Crown Victoria Police Vehicles From Mears Motor Leasing Of Orlando, Florida. MAYOR PARTYKA STATED, "WE CAN, IF YOU WANT COMMISSION, IF YOU ALL AGREE - TO MAKE THE MOTION TO APPROVE?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED AND VOTED ON AS DOCUMENTED. .:..:. VI. REGULAR REGULAR G. Community Development Department Presents To The City Commission, In Its Capacity As The Development Review Committee (DRC), The Final Engineering And Site Plan For The Tuskawilla Office Park. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 24 OF 36 Mr. Carrington and Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item. Tape 3/Side B Discussion ensued with Ms. Sandy Bierly of CRC Development and Mayor Partyka. Mayor Partyka reviewed the earlier concerns mentioned under "Public Input" and said to Ms. Bierly: "On the brick wall, that they liked it, but to make sure it is on the plans." With confirn1ation by Mr. Baker, Mayor Partyka said, "So that is in the plans then." Commissioner Blake stated, "I would like the brick wall to be depicted in the Developer's Agreement, as wel1." Meyor Partyka then said, "Even though theoretically or technically that's not residential, that strip, that this Commission or the developer consider that residential adjacent to this." Mayor Partyka added, "They purchased that piece of property, it's going to be annexed into the City and the whole idea was it's just an extension of their residential property, so - I just want to make sure that's the consideration by this Commission." Mayor Partyka then said, "So from the developer's standpoint, I am assuming you are considering this piece that is adjacent to them as residential?" Ms. Bierly stated, "I let the piece go, didn't include it with my site plan, to give further distance from my piece to there. " Next, Mayor Partyka stated, "Ten foot (10') buffer, north of the brick wall - they had a concern about the road being too close to the wal1." Ms. Bierly stated, "There is not another inch to spare on this piece. I am not able to accommodate that." Ms. Bierly then said, "If! could plant trees in there, that's exactly what I want to do - that's exactly what 1 will do." Regarding the dumpster, Mayor Partyka commented, "They had a concern about that it may be too close to the homes, and they had - requested to be able to move it to the north end." Ms. Bierly said, "If I can relocate it to the area where the emergency exit is, then I might try to do that. But at this point, this is fully engineered, this site, way over budget - 1'd rather not go back - if we can do it as an as-built, take a look at it as the site gets developed and the City will allow that, I would like to accommodate." Mayor Partyka then asked, "Where is the sewer easement? They had a question on the easement?" Ms. Bierly responded, "Yes, it's coming from Oak Forest." Parking concerns were discussed next and Mayor Partyka inquired of Ms. Bierly, "Parking slots - are there enough? Too much - parking spots. They had a concern on whether it was planned for a one-story, two-story?" Ms. Bierly explained, "I believe we have justified our parking to Staffs satisfaction and I had asked and the Commission approved in the preliminary, that we didn't have to do two-story's on 5 through 11 and CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 25 OF 36 that was approved previously so it opens the door for us to do one or two-story. I don't believe we will do two-story's there, but I didn't want to be - in could get an exception to do one story's, that is what I wanted." Mayor Partyka then asked, "Who is going to take care of the retention pond?" Ms. Bierly answered, "The Association." Commissioner B lake inquired, "Can we have the wall built prior to the..." Ms. Bierly stated, "...1 can't answer that question, because typically we would not do it until we had most of that large equipment out of there." Ms. Bierly added, "I would rather have the separation as soon as possible, for my own sanity sake - if! can do it I will." Further, Commissioner Blake said, "Is there a way we can agree to have the wall done and accepted and approved prior to the - second pad being put down?" Ms. Bierly stated, "The wall will definitely be finished, I will be out of there right - before these buildings are built. Absolutely. - In seventy-five (75) days the infrastructure will be in and the wall will be up - the landscaping will be in and there will be no buildings up yet." Commissioner Blake then said, "Can we have that representation as part of the Developer's Agreement?" Commissioner Blake further explained that "I am looking to have the wall up and completed, prior to the majority, if not all of the elevation work - the vertical - the point is that the folks - that live there in their houses, are looking to be shielded from the construction activities, to the greatest extent possible." Ms. Bierly responded, "I understand, I absolutely understand." Commissioner Blake then said, "I am just asking for that to be made part of the Agreement that the wall will be completed prior to some point - however we define that. And that point for me is before the first building is built - that is what you just said, so I am just asking if we can put that as part of the Agreement?" Ms. Bierly said "Fine with me." Manager McLemore said, "Prior to vertica1." Ms. Bierly stated, "Fine - as long as the City cooperates with - building of the wall, with the permitting." Ms. Bierly then said, "I would like to be able to build on lot 4, as soon as possible, and it's the furthest distance from them." Regarding the landscape plan, Commissioner Blake spoke of the Oak trees "That are predominately on the northern side of buildings 9, 10, 11, and then some that go all the way to the very western edge of the property, over here on the other side of the retention pond and then a few more that go around the circle - I think the circle is important to maintain, but T am looking to have somehow, some additional trees placed along the southern boundary - even if they are on the other side of the wall, on the south side of the wall, if it's possible for us to find a way to do that, in those areas where it's really wide open." Commissioner Martinez departed the Meeting at 10:52 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 26 OF 36 Discussion. Ms. Bierly explained to the Commission, "The landscaping plan is subject to change - I am sure it will change when we get on site, and the areas that don't need..." Ms. Bierly added, "I want the flexibility when I am on site to make those decisions and I will commit that I will shield those folks and put as many trees on my property and any place where there is a deficit, that I would make a commitment to put something there on their property. I don't know how enforceable that could be." Commissioner Blake suggested that "Perhaps - the City could even be involved in that, because we are trying to facilitate a win-win here also r think, and if that gets us closer to having an optimal development, that's neighbor friendly as well..." Ms. Bierly stated, "...I'm fine with that. Absolutely." Commissioner Blake asked about the dumpster situation. Ms. Bierly stated, "I don't think that based on the way that we have changed the entrance that you know, it has to work engineering wise, and r can't say at this moment in time, but if I can change it, I will." Ms. Bierly added, "If T can move it, I wil1." Furthermore, Commissioner Blake said, "I have a real serious problem with it being where it is currently depicted, and there is - I am sure that we could come up with at least a couple of other alternatives here..." Ms. Bierly then said, "As long as it doesn't hold up my site permit, I will change this. But to go back, and if it is something we can do in the field, we will change it." Commissioner Blake said, "I would have to have an agreement that it's not going to be along this residential line." Ms. Bierly remarked, "That's fine." "MOTION TO EXTEND FOR ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner Blake said to Ms. Bierly, "The easement that was vacated, this drawing includes the fifteen feet (15') of it or the half of it - the northern half?" Ms. Bierly stated, "Yes. I hope so." Commissioner Blake then said, "How will we know? I mean you are sure." Ms. Bierly stated, "Yes." Discussion ensued on buffers. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 27 OF 36 Commissioner McLeod suggested that in the future regarding Developer's Agreements, that "There ought to be - here's the Code Commissioners, here is what we are asking for in the Developer's Agreement, rather than we Commissioner's have to dig through this." Further, Commissioner McLeod said, "What you are putting in the Development Agreement and what Code pOliion we are giving up, I think the Commission ought to be aware of what they are giving up, and what they are getting." Buffers and the distance from the buildings was further discussed. Deputy Mayor Gennell departed the Meeting at J J :07 p.m. Commissioner McLeod stated, "I think that we really need to be very sensitive to what is going along that wall - r wish there was a way to get some plantings in there." Commissioner McLeod added, "The six (6) homes between - buildings 8 and 10 - that's one of the areas that I think definitely - you are talking about a six foot (6') wall and that's all you have got, and other than that you are looking right at the building, and you are also looking at the street lights - you are going to have street lighting here at night?" Ms. Bierly stated, "Yes." Commissioner McLeod then said, "So it is going to light those back yards also?" Ms. Bierly explained, "Not from what the Florida Power tells me- no, there is lighting that I can put in there that will - not affect neighboring properties." Further discussion followed on lighting. Ms. Bierly stated, "I intend to bury the lines from in front of the whole property." Ms. Bierly added, "And we have done the same thing in Avery Park." Issues dealing with trees and the dumpster were further discussed. Commissioner Blake stated, "As far as how many trees, T would rather define it, in terms of the type of benefit that is provided." Manager McLemore suggested that "We could sit down with Mike Mingea [Arborist/Environmental Inspector, Code Enforcement Division, Community Development Department] and work through some of these things." Commissioner Blake was in agreement with this. Ms. Bierly suggested, "What if move forward with this, with the idea that the next Commission Meeting - allow construction to begin and the site plan, or the landscaping plan is going to be amended anyway - I know that right now, because there are things I'll change when we are on site and come back to you at the next Commission - and say, this is how many trees it took - and work it out with the neighbors?" Discussion. Commissioner Blake suggested, "My best recommendation would be to have a spacing formula, and it looks like these trees that are in here are currently about thirty feet (30') on center, and - I would think that if you went to, in the areas were there aren't trees along the southern boundary, if you put additional trees in there at forty-five feet (45') on center, that that would give each homeowner, on the other side, at least one (1) tree and in CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 28 OF 36 most cases, two (2) trees if there wasn't a tree - in terms of what they see when they look om back." Ms. Bierly said, "That's fine." Tape 4/Side A Commissioner Blake added, "It \vould be in the Developer's Agreement - we would want to draw on here, Charles (Carrington) - and make this part of the Developer's Agreement understanding that - I know that the landscape plan is going to be amended as we get there, but that will be one portion of it that we will have already settled on." Ms. Bierly stated, "Fine." Commissioner McLeod added, "So you are really talking putting these trees to the south of the wall, is that correct?" Ms. Bierly stated, "Correct." Commissioner McLeod then suggested, "I would say that based upon that the owner would have to agree with a tree being put on their property." Ms. Bierly agreed and said, "Right." Discussion followed on the size of trees with Commissioner McLeod asking, "What size is this tree?" Ms. Bierly responded to Commissioner McLeod's question and stated, "I would say six (6) to seven feet (7')." Ms. Bierly added, "I would like to put the kind of trees that they would like in their back yard, it's going to be their back yard, but if you want to dictate something that could be flexible to what they want, that's fine." Commissioner Blake said, "I think our discussion was based on the trees that are already being placed along the south em border to continue with those, which according to this would be the Oaks that are fourteen (14) to sixteen feet (16') by sixty-seven feet (67') tall, three and one-half (3 Yz) to four inch (4") caliper, sixty-five (65) gallon..." Ms. Bierly inteIjected, ".. .So that becomes part of my tree replacement, total tree replacement? All right. Fine." Commissioner McLeod suggested that "You would have to get this arrangement and put the trees in - I would suggest, before the wall goes in." Furthermore, Commissioner McLeod stated, "You should have it in writing, so that they sign something that says they do not want anymore trees in their yard." Manager McLemore stated, "That won't be a problem." Landscape care was next discussed. Ms. Bierly offered, "What if I make a monetary donation to each one of those people, write them a check." Commissioner McLeod suggested ways to resolve the problems associated with maintaining the trees and suggested that a ninety (90) day warranty might be best. Commissioner Miller proposed, "Could we table this until the next Meeting, and have Staff bring back some proposals." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 29 OF 36 Commissioner McLeod suggested that the City Manager and the City Attorney figure out thE. best solution to this problem. Commissioner McLeod then said, "I would also try to- Ron, 1'd look at least at some kind of ninety (90) day agreement, that if they put trees there, they make sure that they are handled." Manager McLemore said, "I think you can get your standard warranty, as long as they know the tree has been planted cOlTectly, and they are being watered correctly. We'll look at it." Attorney Garganese stated, "With respect to the approval of the engineering plans there were going to be certain conditions that need to be added to the Development Agreement." Attorney Garganese added, "Make sure that you make the Final Engineering Plans contingent upon all of those additional conditions being added to the Development Agreement." RRr.ULAR J H. Community Development Department Requests The City Commission Approve A Binding Development Agreement Between CHC Development And The City Of Winter Springs For The Development Of Tuskawilla Office Park. Ms. Bierly added, "That is incolTect - it is between Tuskawilla Office Park, LLC and the City of Winter Springs." Commissioner Blake asked Ms. Bierly, "The text in the agreement is COITect?" Ms. Bierly stated, "Yes, it is." "THIS IS ITEM 'H' WHICH IS A DEVELOPERS AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND TUSKAWILLA OFFICE PARK, LLC, I MOVE APPRO V AL OF THE AGREEMENT WITH ALL OF THE ADDITIONS AND CHANGES THAT \VERE DISCUSSED THIS EVENING, FEBRUARY 11, 2002, INCLUDING THE REPRESENTATIONS MADE BY THE DEVELOPER AND COMMENTS OF STAFF." COMMISSIONER BLAKE ADDED, "AND THE CHA..l\JGES IN THE ENGINEERING PLAN AS WELL." ATTOR.'lEY GARGANESE SUGGESTED THAT THE FOLLOWING BE INCLUDED: ADDRESSING THE BRICK WALL IN THE DEVELOPMENT AGREEMENT - "THE WALL HAS TO BE BUILT PRIOR TO VERTICAL - WITH THE EXCEPTION OF - 4. THE DUMP PAD HAS TO BE MOVED..." COMMISSIONER BLAKE ADDED, "...THE DUMP PAD ON THE SOUTH PROPERTY LINE." ATTORNEY GARGANESE CONTINUED, "LIGHTING, NO GLARE ON OAK FOREST. WE ARE GOING TO PUT A PROVISION IN FOR THAT. THERE \-VAS A REFERENCE TO ATTACHING THE LANDSCAPE PLAN..." COMMISSIONER BLAKE ADDED, "...ATTACH A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 30 OF 36 LANDSCAPE PLAN WITH THE ADDITIONAL TREES BEING PLACED AT FORTY-FIVE FEET (45') ON CENTER; THOSE BEING THE SAME TYPE OF OAK TEES THAT ALREADY ARE LISTED ON THE DEVELOPER'S - LANDSCAPE PLAN - THOSE TREES COULD OCCUR SOUTH OF THE PROPERTY LINE THROUGH AN AGREEMENT THAT THE CITY WOULD ASSIST WITH, WITH THE INDIVIDUAL PROPERTY OWNERS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR G. Community Development Department Presents To The City Commission, In Its Capacity As The Development Review Committee (DRC), The Final Engineering And Site Plan For The Tuskawilla Office Park. "ITEM 'G' - THIS IS THE DRC, THE CITY COMMISSION SITTING AS THE DRC, REVIE\VING THE FINAL ENGINEERING AND SITE PLAN FOR THE TUSKA\VILLA OFFICE PARK, I MOVE APPROVAL CONTINGENT UPON- ALL OF THE DISCUSSIONS THAT \VE HAD TONIGHT - THE PLAN BEING AMENDED TO REPRESENT AND REFLECT ALL THOSE AGREEMENTS MADE TONIGHT AND SUBJECT TO ALL THE CHANGES AND ADDITIONS MADE TO THE DEVELOPER'S AGREEMENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 31 OF 36 REGULAR I. Community Development Department Requests The City Commission As The Development Review Committee Approve The Final Development/Engineering Plans For The Proposed Tuskawilla Office Park Subdivision. Brief discussion. "I MAKE THE MOTION TO APPROVE THE FINAL SUBDIVISION PLAN SUBJECT AGAIN TO ALL THE CHANGE AND DISCUSSIONS, MODIFICATIONS, ALTERATIONS THAT WERE AGREED UPON TONIGHT AND THAT OCCUR IN THE DEVELOPER'S AGREEMENT AS AMENDED THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. With discussion, Ms. Bierly said, "If a dumpster is going to hold me up, then I'll say I will eliminate it and come back at another time to adjust my site plan." Mayor Partyka summarized, "So basically she is saying, "Approve it - they will approve it without the dumpster which is fine. Okay, then it is up to her to come back at another time to request of this Commission the siting of those dumpsters." Commissioner McLeod stated, "I would be opposed to that. I would prefer to see that we know right where it is going." Commissioner McLeod then suggested, "Let them have it - within two (2) weeks from now if you don't have the information you just get a 'Stop Work Order.' Can you follow that through, Ron?" Manager McLemore stated, "Yes, indeed." But it sure should be on the plans." REGULAR J. Community Development Department Requests That The Commission Approve The Recordation Of The Plat And Supplemental Covenants For Avery Park. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 32 OF 36 "I MAKE A MOTION TO APPROVE THE RECORDATION OF THE PLAT AND SUPPLEMENTAL COVENANTS FOR AVERY PARK." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE STATED THAT BElFORE DEPUTY MAYOR GENNELL HAD LEFT SHE HAD ASKED THAT THE FOLLOWING INFORMATION BE DOCUMENTED IN THE RECORD: "DEPUTY MAYOR GENNELL HAS REQUESTED THAT A REQUIREMENT BE ADDED TO THE DOCUMENTS FOR A RESERVE FUND FOR REPAIR AND REPLACEMENT." MS. BIERLY STATED, "YES. JOHN (BAKER) I BELIEVE WILL GIVE ME A FORMAT THAT YOU ALL HAVE ACCEPTED MAYBE WITH PARKSTONE, AND WE WILL HAVE THAT PAGE CHANGED IN THE COVENANTS." FURTHER, ATTORNEY GARGANESE STATED, "A COUPLE OF ADDITIONS THAT I WOULD LIKE TO SEE ADDED - WE PUT A CONFLICT PROVISION IN THE DOCUMENTS TO ENSURE THAT LOCAL, STATE AND FEDERAL LAW PREVAIL IN THE EVENT OF ANY CONFLICTS WITH YOUR PRIVATE DEED RESTRICTIONS." ATTORNEY GARGANESE ADDED, "I WOULD RECOMMEND BECAUSE THERE ARE CERTAIN PARK AND RECREATION AREAS DEDICATED FOR RECREATIONAL USES, WE WOULD WANT AN ABILITY TO ENFORCE ANY DEPRIVATION OF THAT RECREATIONAL SPACE, SO - THE CITY 'VOULD BE THIRD PARTY BENEFICIARY IN THE DOCUMENTS TO ENSURE THAT THAT LAND STAYS PERPETUALLY AS RECREATIONAL AREA - AND I CAN GET WITH THE DEVELOPER ON THE LANGUAGE WITH THOSE PROVISIONS." ATTORNEY GARGANESE ADDED, "IN ADDITION, IT GOES IN THE DECLARATIONS AND COVENANTS." MANAGER McLEMORE SAID TO MS. BIERLY, "WHERE YOUR BENCHES ARE LOCATED ON THE LAKE, WE NEED TO DO SOME RE-GRADING IN FRONT OF THAT" TO GET RID OF THE DOWNWARD SLOPE. MS. BIERLY ADDED, "I WAS GOING TO DO BENCHES LIKE THEY DO DOWN AT CELEBRATION, WHERE THEY DON'T - YOU CAN FACE EITHER WAY." MANAGER McLEMORE SAID, "WE NEED TO LOOK AT THAT. WE NEED TO LOOK AT IT AGAIN, BECAUSE THERE IS A SAFETY ISSUE THERE." FURTHER, MANAGER McLEMORE SAID, "I STILL WANT TO TRY TO GET THOSE OTHER TWO (2) BENCHES SITES ON THE OTHER SIDE OF THE LAKE." MS. BIERLY ADDED, "WE WANT TO HAVE BENCHES BACK THERE." MANAGER McLEMORE STATED, "OKAY, VERY GOOD. IT IS ON THE RECORD." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 33 OF 36 COMMISSIONER McLEOD SUGGESTED THAT IN "TRACT 'E' ACCESS BACK THERE - IN THE VERY BACK - YOU GO DOWN TRACT 'J' TO THE BACK, THAT RETAINER WALL IS ABOUT TWO FEET (2') HIGH - BUT THAT RETAINER WALL, RON, IS LEANING." MS. BIERLY STATED, "IT'S BEING RE-DONE." COMMISSIONER McLEOD ADDED, "THAT WALL IS DEFINITELY LEANING." MS. BIERLY EXPLAINED, "YES - THEY'RE HAViNG TO RE-DO IT, I THINK THEY HAVE TO T AKE THAT WHOLE ALLEY BACK OUT AGAIN. THAT AREA HAS TO COME OUT." MANAGER McLEMORE SAID, "WE ARE AWARE OF IT AND WE ARE GOING TO BE DEALING WITH IT." "I WOULD LIKE TO MAKE AN AMENDED MOTION TO INCORPORATE THE COMMENTS MADE BY STAFF AND THE APPLICANT." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR L. Community Development Department Requesting That The Commission Consider And Approve A Development Agreement For A 16.64 Acre Tract Located On State Road 434 Just West Of The U.S. Post Office Retention Pond. Mr. Carrington briefly introduced the Agenda Item. Manager McLemore stated, "I did talk to Mr. Daly earlier today and that it is that we add to this the requirement for a fencing along the roadway, on the left hand side, going in."- Mr. Tom Daly, Daly Design Group, Inc., 861 West Morse Boulevard, Suite 125, Winter Park, Florida: answered questions and concerns from the Commission and Manager McLemore. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 34 OF 36 Discussion. "I MAKE A MOTION THAT WE APPROVE THIS DOCUMENT WITH THE AMENDMENT AS WAS DISCUSSED TONIGHT RE: THE FENCING OR SOME SORT OF AN ORNAMENTATION ON THE LEFT HAND SIDE OF THE ROADWAY HEADED IN FROM THE PAVILION OR GAZEBO RATHER, TO THE GUARDHOUSE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the Meeting at 12:05 a.m. .:..:. AGENDA NOTE: NO ACTION WAS TAKEN ON THE FOLLOWING ITEMS DURING THIS MEETING. .:..:. IV. INFORMATIONAL INFORMATiONAL A. Community Development Department Requests The Commission As The Development Review Committee Receive Information Related To A Change In Layout For The Recreational Area In Avery Park Subdivison. INFORMATIONAL B. Office Of The City Attorney Requests The City Commission To Receive Information Regarding The HCCH Closing. INFORMATIONAL C. Not Used. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 35 OF 36 INFORMATIONAL D. Office Of The City Manager Advising The Commission Of Oviedo's Response To A Request For A Joint Meeting To Discuss Location Of A Hospital In Oviedo. VII. REPORTS REI>ORTS 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 Four/Deputy Mayor - Cindy Gennell REPORTS E. Commission Seat Five - David W. McLeod REPORTS F. Commission Seat One - Robert S. Miller REPORTS G. Commission Seat Two - Michael S. Blake REPORTS II. Commission Seat Three - Edward Martinez, Jr. REPORTS I. Office Of The Mayor - Paul P. Partyka CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 36 OF 36 ZO-LUACES, CMC rr;: :' . ., .r --:- PAUL P.~ 'A.1<:TYKA..:- /~ . . - . ..... - ,.~~.~q~.. - .~~(. '..-- , J .;~ -; '.. :...--~- :;:'", , . . '" ~ 'bo - NOTE: These Minutes were approved at the f-ebruary 25, 2002 Regular City Commission Meeting.