HomeMy WebLinkAbout2002 06 10 Consent I Approval of the May 6, 2002 City Commission Special Meeting Minutes
COMMISSION AGENDA
ITEM I
Consent X
Informational
Public Hearings
Regular
June 10. 2002
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
I. Office Of The City Clerk
Requesting Approval Of The May 6, 2002 City Commission Special Meeting Minutes.
,C
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
MAY 6, 2002
I. CALL TO ORDER
The Special Meeting of May 6, 2002 of the City Commission was called to order by
Mayor Paul P. Partyka at 6:31 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, arrived at 6:35 p.m.
City Manager Ronald W. McLemore, arrived at 6:33 p.m.
City Attorney Anthony A. Garganese, arrived at 6:35 p.m.
II. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Community Development Department
Requests The City Commission Consider The Objections, Recommendations And
Comments (ORe) Report Received From The Department Of Community Affairs
(DCA) And The Recommendations Of Land Design Innovations (LDI) For The
Evaluation And Appraisal Report (EAR) Based Amendments To The
Comprehensive Plan.
Discussion ensued whether Public Input would be heard at tonight's Special Meeting.
City Manager Ronald W. McLemore arrived at 6:33 p.m.
Discussion.
City Attorney Anthony A. Garganese arrived at 6:35 p.m.
Commissioner David W. McLeod arrived at 6:35 p.m.
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Mr. Earnest McDonald, AICP, Advance Planning Coordinator Community Development
Department introduced this Agenda Item and gave an overview of the related timeline.
Discussion ensued on whether this was an Adoption Hearing.
Attorney Garganese read Ordinance 2001-55 by "Title" and stated, "The City
Commission previously transmitted this Comprehensive Plan in its entirety to the
Department of Community Affairs. The Department of Community Affairs reviewed it
and issued an aRC [Objections, Recommendations and Comments] Report. That aRC
[Objections, Recommendations and Comments] Report sets forth only the only
'Objections, Comments and Recommendations' that DCA has on this entire document -
that aRC [Objections, Recommendations and Comments] Report if you really look at it
is very limited to certain areas - clearly it is within the Commission's right to delve
further into other areas of this Comprehensive Plan if you choose tonight, at the adoption
hearings, but from DCA's standpoint the only matters that are at issue are in that aRC
[Objections, Recommendations and Comments] Report."
Discussion followed on the only "Objections, Recommendations and Comments" from
the Department of Community Affairs (DCA). Regarding the "General revision to the
Future Land Use Map," discussion followed on the Minter, Weaver, and Carroll
properties. Attorney Garganese stated, "Ultimately, when the Courts decide that the
property is clearly within the City of Winter Springs, the City of Winter Springs will then
impose a Future Land Use designation and a Zoning designation on the Weaver, Carroll,
and Minter properties - which would then be submitted to DCA [Department of
Community Affairs] for approvaL"
Mr. McDonald noted the next "Objection" as the "Mix of Uses." Discussion followed on
the Greeneway Interchange District.
Commissioner Michael S. Blake stated, "When we originally created the Greeneway
Interchange District, we were required to complete a 'Comp Plan' Amendment - for that
process, send it to DCA [Department of Community Affairs], go through the Large-Scale
Amendment. As I recall, I believe there is an aRC [Objections, Recommendations and
Comments] Report on that, I do believe we responded to those questions at that point in
time and went forward and it was adopted and found to be in compliance. My question is
if we haven't changed it since then, which I believe we have not, why wouldn't our
response be at this point in time, any questions they have on that - it is no different now
than it was when you found it in compliance previously? Is there something that has
changed that caused that question?"
Attorney Garganese asked Ms. Tracy Crowe of Land Design Innovations, Inc., "Did you
make any amendments to the previous Greeneway Interchange designation?"
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Ms. Tracy Crowe, Principal Planner with Land Design Innovations, Inc., 140 North
Orlando Avenue, Suite 295, Winter Park, Florida: explained to those in attendance that
"It's staff. It's basically a reviewer right now - different reviewers have very different
pet peeves at DCA [Department of Community Affairs], and right now the 'Mix of Uses'
- they are really requesting a range of uses."
Commissioner Blake said to Ms. Crowe, "The one thing that we did want to limit, is we
wanted to limit the amount of residential development that can occur in that residential,
but on the other side which we discussed, it specifically stated that it could be one
hundred percent (100%) commercial, and that was done very deliberately by this
Commission." Further, Commissioner Blake added, "In terms of the mix of that
developable portion, one hundred percent (100%) of that could be commercial or no more
than twenty-five percent (25%) of that developable space could be residential. We had a
long discussion on this, and that is why if we are changing this here - that is why I am
bringing it up, that concerns me - it is a very material change to what we spent a lot of
time doing."
Ms. Crowe then stated, "I apologize - I didn't actually work on this, on the language and
I don't have the original copy of the Greeneway Interchange with me. My preference
would be when you write your actual descriptions or guidelines for this, that they are
going into Land Development Codes that the City controls and you can amend."
With further brief discussion, Ms. Crowe stated, "Do you want to just - go back to
whatever the original was?" Commissioner Blake stated, "I would like to, and my
response to the question would simply be the approval that we received before."
Additionally, Commissioner Blake stated, "On this particular item, I think we should
come back to it and revisit it and ask Staff to bring us the original language that was
approved and look at supplying that as our response to this 'Objection. ",
Regarding "Does it conflict with the original Ordinance," Commissioner Blake stated,
"The Manager's question is did the EAR [Evaluation And Appraisal Report] language
that we put together, did that create a conflict in this language that created the
'Objection,' I think that is a good question."
Ms. Crowe inquired, "Am I going to be preparing this next time for the next Meeting,
because I was directed to not work on the Greeneway Interchange for this Meeting?"
Attorney Garganese suggested, "I think we need to get a copy of the original Interchange
Policy, ifit exists and then just evaluate it - take a look at it, and then go from there."
Attorney Garganese left the Commission Chambers at approximately 7: 1 0 p.m.
Further discussion followed on "Mixed Use."
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Commissioner Blake inquired of Ms. Crowe, "The seventy-five percent (75%) cap of the
single use in "Mixed Use" area, is that new? Did we add that or was there some level
existing in the past, or did we throw that in?" Ms. Crowe responded, "Residential before
was already allowed to go up to seventy-five (75)." Commissioner Blake then said, "1
believe that was superceded Ron [McLemore] - that was the purpose of the Greeneway
Interchange District when we adopted that." Manager McLemore stated, "I don't
remember. Let me go back." Regarding the Greeneway Interchange District,
Commissioner Blake stated, "We're clear on we don't have a resolution."
Tape I/Side B
The next "Objection" was related to "High Density Residential" or High Residential
Density. Brief discussion. Next, the Commission discussed the "Objection" to the
"Density Bonus" as proposed.
Ms. Patricia A. Tyjeski, AICP, Senior Planner of Land Design Innovations, Inc., 140
North Orlando Avenue, Suite 295, Winter Park, Florida: commented on the use of
"Density Bonus,' caps, clustering and withdrawal.
Regarding these concepts, Manager McLemore asked, "Is it the intent of the Commission
to come back at a later date, after we have the time to do the analysis - one (1), do you
want to invest in this?" Commissioner Blake said "It's too complex a question to answer
like that off the cuff tonight. I think it is something we can certainly look at and Staff can
bring it back to us, but she is right, it is a major undertaking to provide all the detailed
analysis required to get something like that through. It's just an excellent technique that
is being used in many areas and it's a shame that we can't use it as well without jumping
through all of these regulatory hoops."
Manager McLemore then stated, "We will have a consensus to adopt without that
provision, but then is it your direction to us then to come back with information that
would tell you - it's going to cost us 'x' number of dollars to pursue this policy? Do it or
don't do it?" Mayor Partyka stated, "I don't think we are prepared to discuss that at this
point in time." Commissioner Edward Martinez, Jr. stated, "If we want to do it in the
future, we will bring it up."
Mr. McDonald continued with a comment from DCA [Department of Community
Affairs], regarding Policy 1.4.3 ("Intensive Developments" and "Alternative Service
Delivery Systems"). Commissioner Blake stated, "Does this mean that we have to
discourage any development in our Town Center area, which is currently not served by
water and sewer?" Mr. McDonald stated, "No, I don't think it attempts to - I don't think
the intent is to do that." Commissioner Blake then asked, "Can we clarify this language
somewhat to make sure it's clear that it's a matter of what our facilities capacity is, not
necessarily where it is located at the time. I am just concerned about there being a
challenge somewhere that says - per your own 'Comp Plan,' you can't issue that permit
or review that project for property that happens to be located geographically in the center
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of your City because there is no water or sewer infrastructure today, and to do SO, would
be a violation of your 'Comp Plan.'"
Manager McLemore stated, "I think what they are referring to is your designated Utility
area, not where you currently have lines." Commissioner Blake then said, "So, we can
designate anything as our utility service area - then legislatively is what you are saying -
and that should take care of it?" Manager McLemore responded, "Yes." Commissioner
Blake added, "Then, let's make sure that we do that."
Further, Manager McLemore advised the Commission, "Typically, you would have a
map designating your utility service area, and it is generally understood to be certainly
within your municipal limits - to go outside of your municipal limits, you should
definitely have a designated utility area. Additionally, Manager McLemore stated, "We
have not formally designated a utility service area outside of our boundaries."
Proposed Policy 1.8. and specifically 1.8.1 was discussed next with Commissioner Blake
stating, "I would absolutely not want to adopt the new language."
Attorney Garganese returned the Commission Chambers at approximately 7:45 p.m.
Policy 1.9 was covered next. Commissioner Blake said, "I would just like to know, who
is going to write the check." The protection of historical buildings was discussed next
and Manager McLemore stated, "The language needs to be qualified a little bit to say, no
it is not totally open, it's going to be - as determined in a future regulation that this Board
will adopt. It doesn't have to be the State's - they can set another policy, arIother
guideline, but we need to say in here that that is what s going to happen." Mr. McDonald
agreed and stated, "You are right, I think we can quantify it a little better by simply
adding in a date, by which time that would be done, in order to make that a practical
approach." Manager McLemore added, "The Commission needs to have a control over
this situation, in the way it is written." Deputy Mayor Cindy Gennell stated, "I agree
with Mr. McDonald's suggestion to put a date there." Manager McLemore suggested,
"Or you can say, we will adopt the State's until such other time as the Commission
adopts a new standard." Deputy Mayor GenneUliked this idea also.
Manager McLemore summarized, "Are you comfortable with that - say we will adopt the
State's until such time as we adopt another standard." Further discussion ensued on
historical and archeological sites.
Commissioner Martinez stated, "I would like the City Attorney to provide the
Commission with the latest Congressional legislation regarding property owners rights to
develop - the same as we got the last court decision where the City had to pay large sums
of money for denying an owner the right to develop. I think we are entitled to get a copy
of this recent legislation that came up and was shown in the Orlando Sentinel last week,
so we know exactly where we stand as far as developers are concerned." Attorney
Garganese stated, "I will be happy to look into that."
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PAGE60Fl!
Water Resources was discussed next regarding "Areas where public drinking water - are
located;" required distances; and concerns with the word "Field." Commissioner Blake
stated, "Ifit is 'Wellhead' that's fine. Now we know what that means, I agree to take the
word 'Field' out, then we do have something that is better defined. Then my comment
would be, I don't think 500 feet is enough." Further, Commissioner Blake stated, "I am
concerned with the distance around the 'Wellhead,' and I don't think 500 feet is enough.
I have no science or anything like that, just intuitively, it seems to very, very close. And I
don't know that 1000 feet makes me feel better or what it is but - I wish someone had
some information on that." Manager McLemore stated, "I've got it noted." Attorney
Garganese suggested, "1 don't think this Policy is intended to address private drinking
wells, so if you don't have water in an industrial area, the property owner has one choice
- to put a private well in. This Policy would protect public drinking sources like sources
generated by the City of Winter Springs." Ms. Tyjseski added, "Yes, it is just public."
Mayor Partyka polled the Commission for their preferences. Commissioner Blake stated,
"I would try to do something about the 500 feet, otherwise I would like to see 1 000 feet."
Commissioner McLeod said, "I think we should check and find out where the 500 comes
from. If it comes from the State, St. John's Water Management, then I don't know that
we can change that. I think that is the issue, where did it come from, and could you have
that information at our next Monday Meeting." Deputy Mayor Gennell stated, "Same."
Commissioner Martinez responded, "According to what he read before, it says it comes
from the St. John's Water Management, so I am okay with what the St. John's Water
Management says." Commissioner Robert S. Miller stated, "1000 feet." Commissioner
Blake said, "1000." Mayor Partyka said to the Commission, "Is everybody happy with
that then - it is St. John's based on 500?,' Deputy Mayor Gennell further remarked, "If
we are going to bring this back, I don't mind leaving it at 500 tonight, but if we are going
to bring back any other information relative to this, I think it would be nice to hear from
Kip [Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director] on a little bit
of background." Mayor Partyka added, "All right, but we will leave it as based on this
Commission -leave it at 500 until we get more information."
Commissioner McLeod left the Commission Chambers at 8:00 p.m.
Discussion next encompassed wetland buffers.
Commissioner McLeod returned to the Commission Chambers at 8:02 p.m.
Tape 2/Side A
Objective 1.4 was discussed next which included discussion on the minimum required for
buffers. Ms. Txi seski stated, "The second one is the one that you had as .1, now is .2 -
the 15 and 25." Commissioner Blake asked Ms. Tyjseski, "When did we add - in the
language to go down to fifteen feet (15'), because it doesn't show up in either one of my
areas, and I don't recall doing that." Mr. McDonald commented, "These changes are the
result of either directives from the series of Workshops, because this was the copy of the
Comprehensive Plan that was transmitted to DCA [Department of Community Affairs],
'.
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and this is in fact a copy that was reviewed, upon which the aRC Report is based."
Commissioner Blake stated, "I've got to tell you, I would like to see the Minutes to find
out when that occurred. I was here for everyone of those Meetings and I don't remember
adding a provision to go down to fifteen feet (15'). In fact, I think if it would have been
discussed, that there would have been some opposition to that from this Commission."
Additionally, Commissioner Blake asked, "How did this get in there."
Mr. McDonald advised Commissioner Blake, "We will be happy to produce the Minutes
to clarify any oversights." Members of the Commission briefly discussed this with
Mayor Partyka stating, "Let's look it up in the Minutes." Then Mayor Partyka inquired,
"Does this Commission agree with the twenty-five (25)?" Commissioner Martinez
stated, "Yes." Furthermore, Commissioner Martinez spoke on the wetlands and the
acquifer and stated, "I think twenty-five feet (25') is the minimum we should establish as
a rule." Mayor Partyka summarized that "Right now, this Commission is saying twenty-
five (25) minimum is what they want."
Transportation issues and comments from the Department of Community Affairs (DCA)
were discussed next, followed by the Future Transportation Map. Discussion.
Commissioner Blake asked for an update from Attorney Garganese pertaining to his
review of the records regarding the Greeneway Interchange District. Attorney Garganese
advised the Commission that no "Goals, Policies, and Objections" could be located for
the Greeneway Interchange District. With discussion, Manager McLemore stated, "If
their objection was you did not write any Goals and Policies, then we should go back and
write Goals and Policies." Manager McLemore then inquired, "How do we cure the
current problem to get this plan adopted, because if we do that - can we write those now?
Can that be our response now?" Attorney Garganese stated, "Your response can be
Attachment' A,' which is part of the Agenda package."
Mayor Partyka asked, "What are you suggesting?" Manager McLemore stated, "I would
agree with Anthony [Garganese] if they will accept it knowing that it is not law here yet,
that it is a proposaL" Attorney Garganese added, "It could be adopted next Monday, as
part of the EAR [Evaluation and Appraisal Report] Based Amendments." Further, Mayor
Partyka asked, "What are you suggesting for this Commission to do, to in effect answer
the question from DCA?" Manager McLemore replied, "Submit the proposed changes as
your answer." Attorney Garganese concurred and stated, "It is Attachment' A,' it is Goal
3 of the Future Land Use Element." Mayor Partyka then stated, "This Commission could
ultimately decide to move this on now, but potentially they may say, let's bring it back on
Monday." Attorney Garganese stated, "Correct." Mayor Partyka explained to the
Commission, "The action for this Commission, next step is either to approve this today -
or to come back to a date certain, being next Monday potentially with any of the changes
or anything else that we want." Attorney Garganese stated, "Yes - we have to come back
with some information for you to make a final decision."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
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Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: handed out information which he
noted was the same in 1998, and spoke about his concern with land use; water and sewer;
and suggested working together.
Commissioner Blake said to Mr. Logue, "I would ask him to talk to his Elected Officials
at the County level and also his neighbors to the south in Oviedo and ask them to come to
the table as we have invited them to on various occasions to have a discussion on a Joint
Planning Area. We have initiated those discussions, the door has not been opened."
Brief discussion ensued regarding a possible deannexation of properties.
Commissioner Martinez mentioned that a recent article in the Orlando Sentinel was
unfair to the City of Winter Springs.
Further brief discussion ensued on the criteria required for deannexation.
Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida.' commented on a
high density area proposed for the Highlands subdivision and asked the City to close a
"loophole" regarding high density in this area of the City.
Ms. Gracia M Smith, 1114 Ocelot Trail, Winter Springs, Florida: Ms. Smith advised
Members of the Commission about a letter written by Mr. Robert King that was just
handed to them. Ms. Smith explained that as Mr. King could not attend this Meeting, she
asked to read it into the record. Mayor Partyka stated, "Let the record show that this is a
comment from Mr. Robert King, 2211 Black Hammock."
Attorney Garganese stated, "Point of Order" and explained that "The Commission
should just accept this into the record as being part of the record of this Public Hearing
process. "
Mr. Tony Matthews, Principal Planner, County of Seminole, 1101 East First Street,
Sanford, Florida.' spoke on behalf of Mr. Kevin Grace, County Manager for the County
of Seminole and said that the removal of the Carroll, Minter, and Weaver properties from
a Land Use designation was a good idea; and commented on Policy 1.4.3 saying "This is
the proposed Plan Policy that you all are - that Staff is recommending that you amend to
say that intensive development proposed for areas outside the established utility service
area shall be discouraged, and I think again - the County thinks that is a good idea, we
support that." Mr. Matthews also commented on a letter written by Mr. Grace to the
Department of Community Affairs regarding a Joint Planning Agreement and added, "I
understand from tonight - you chosen not to do that, so I would like to go on record to
state that again, we would encourage you to adopt the language that's in the letter that is
also in the Department of Community Affairs ORC [Objections, Recommendations And
Comments] Report."
Tape 2/S ide [3
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Discussion ensued on a Joint Planning Agreement. Commissioner Blake said to Mr.
Matthews, "I have been a proponent and others on this Board have been a proponent for
some time for the County to come together with us and have discussions."
Commissioner Blake added, "I am just trying to make sure that you deliver back to your
boss and then he can deliver it to his bosses what the issue is here. We are ready, willing
and able I believe to sit down and begin having substantive discussions in this area." Mr.
Matthews said, "I have been making notes earlier Commissioner Blake about getting
back with Commissioner [Randy] Morris and actually mentioning it to him that I have
been here tonight and let him know of your feelings on all this."
The "Public Input" portion of this Agenda Item was closed.
"I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THE VOTE
ADOPTING AGENDA ITEM 'A' AND ORDINANCE NUMBER 20ot-55 TO A
DATE CERTAIN, THAT BEING MONDAY, MAY THE 13TH AT WHICH TIME
AND BEFORE THE ADOPTION VOTE IS TAKEN, THE STAFF AND ALL
CONCERNED WILL PROVIDE US WITH THE CHANGES AND
CORRECTIONS DISCUSSED TONIGHT AND THE INFORMATION
REQUESTED TO. BACK THIS ITEM." MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
COMMISSIONER MILLER STATED, "I WOULD JUST LIKE TO ASK THE
CITY MANAGER, ANY ITEMS THAT HE COULD POSTPONE FROM THE
13TH UNTIL THE COMMISSION MEETING AFTER THAT, PLEASE DO
THAT."
COMMISSIONER BLAKE ADDED, "JUST WANT TO MAKE SURE THAT THE
MOTION IS CLARIFIED AND IT ALSO PRESERVES ADVERTISING FOR
ALL THOSE - TONIGHT TO MAKE SURE THAT THEY KNOW THAT WILL
BE A PUBLIC HEARING." COMMISSIONER MARTINEZ SAID, "SO
STATED." ATTORNEY GARGANESE ADDED, "I JUST ALSO WANT TO
MAKE IT CLEAR THAT IT IS MONDAY, MAY 13TH BEGINNING AT 6:30 P.M.
- THE NORMAL REGULARLY SCHEDULED CITY COMMISSION
MEETING."
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
. ,...
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Mayor Partyka called a break at 9:05 p.m.
The Meeting reconvened at 9.'12 p.m.
.:. .:. AGENDA NOTE: AT THE REQUEST OF MANAGER McLEMORE, THE
FOLLOWING MATTER WAS DISCUSSED NEXT, PRIOR TO
ADJOURNMENT. .:. .:.
Manager McLemore advised the Commission about his performance review and
commented on information outlined in a Memorandum written to the City Commission.
Discussion followed on accomplishments, suggested compensation, and a survey of the
"Metro-average. "
Commissioner Blake stated, "As far as any final action, I would request that it be placed
on the Regular Agenda for next week." Mayor Partyka agreed with Commissioner Blake
and said, "We ought to put this on a Regular Agenda, handle it quickly." Commissioner
McLeod stated, "I would like to see a copy of last year's - the same chart as you have
given us here - I would like to see where these other Manager's were a year ago." With
further discussion, Commissioner McLeod added, "Matter of fact, I would like to see the
charts over the last two (2) years."
Deputy Mayor Gennell commented on considering the pay from the appropriate time
period and the respective economic conditions. Commissioner Martinez added, "From
our conversations and as a result of an article in the paper, what I would like to see - if
this Commission approves an increase that you are requesting, some assurances that you
are going to stay and continue managing the City where you have, up until now for at
least another couple of years." Manager McLemore responded, "There is no question
that my intent is to stay through the full period of the contract, which I hope renews for
another - the way it is unless you notify me on July 22nd that you don't want me here any
longer, then it will renew another three (3) years."
Mayor Partyka commented that regarding one looking for other employment, "I don't
want to be surprised and hear about it through secondary sources, and lately, I have been
surprised - and I think this Commission deserves that kind of consideration - that if there
are opportunities for you elsewhere, that we are not surprised."
VIII. ADJOURNMENT
"MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mayor Partyka adjourned the Special Meeting at 9:37 p.m.
ASP. ECTFULLY ~UBMITTED:
nl~,
~REA Nio-LUACES, CMC
CITY CI::ERK
PAULP. PARTYKA
MA YOR
NOTE: These Minutes were approved at the June 10,2002 Regular City Commission Meeting.
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