Loading...
CCMtg08-18-08MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES AUGUST 18, 2008 7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor H.G. "Butch" Bundy, Jr. Commissioner John C. Maingot Commissioner Dan Anderson Commissioner Mike Holt Teresa S. Roper, City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Tom Jackson, Police Chief Tom Smith, Division Manager of Streets/Fleet Richard Kornbluh, Division Manager of Utilities Carol Rogers, Director of Financial Services Laurie Mooney, Fire Chief Ryan Spinella, Executive Assistant Paul Sizemore, Director of Community Services Chris Kintner, Community Development Coordinator Fran Meli, Recreation Program Manager Danielle Adzima, Community Development Coordinator 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m, 2. A moment of SILENT MEDITATION was follotived by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. Senior Matinee will be held on Wednesday, August 20, 2008 from 1:30 p.m. unti13:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is Mad Money. 4. RECOGNITIONS. A. Proclaiming the week of August 17 - 23, 2008 as "Longwood Firefighter Appreciation Week." Mayor Sackett read a Proclamation proclaiming the week of August 17- 23, 2008 as "Longwood Firefighter Appreciation Week." He then CC 08-18-08/221 presented the Proclamation to Chief Mooney and Firefighter Jason -~~ Chesteen. Photographs were then taken. B. Presentation of the 2008 Key to the City Award to JoAnne Rebello. Commissioner Maingot read a Proclamation that outlined a biography on Ms. JoAnne Rebello. He then presented Ms. Rebello with the 2008 Key to the City Award and photographs were taken. C. Presentation of the 2008 Key to the City Award to Chief Thomas S. Jackson, Jr. Commissioner Holt read a Proclamation that outlined a biography on Chief Thomas S. Jackson, Jr. He then presented Chief Jackson with the 2008 Key to the City Award and photographs were taken. Mayor Sackett said Chief Jackson would like to recognize a new employee within the City of Longwood. Chief Jackson introduced to the Commission the new Longwood Elementary School Principal, Ms. Fisher. D. District #2 Nomination of the Business Person of the Month Award for September 2008. Commissioner Anderson nominated Babe Ruth Baseball for the Business Person of the Month Award for September 2008. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. Appointment of a Citizen Representative to the MetroPlan Orlando Citizen Advisory Committee. Nomination deferred to the next Commission meeting. 6. PUBLIC INPUT. A. Public Participation. None. 7. CITY ADMINISTRATOR'S REPORT. Mr. Drago gave an update of the preparations being made for Tropical Storm Fay. 8. MAYOR AND COMMISSIONERS' REPORT. District #2. No report. District #3. No report. CC 08-18-08/222 District #4. Deputy Mayor Bundy said it was time for the Annual Safe House Staff and Coordinator's Retreat. He has been contacted regarding the City allowing them to use the Community Building on September 22, 2008 from 7:00 a.m. to 10:30 a.m. It was the consensus of the Commission to allow them the use of the Community Building. District #5. Mayor Sackett reported ACi was not available for the presentation in September. They will be making their presentation the first meeting in October. District #1. Commissioner Maingot said the Florida League of Cities Conference was very well worth attending. He stated he would present a report at the next meeting. Mayor Sackett suggested the Commissioners present a written report to the City Clerk. 9. CONSENT AGENDA. A. Approve Minutes of the July 23, 2008 Workshop and August 4, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for September 2008. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for July 2008. D. Finance Division of the Financial Services Department recommends the City Commission approve the Seminole County Public Schools, School Resource Officer Agreement and authorize the Mayor to sign same. E. The Recreation Division of the Community Services Department recommends the City Commission approve a change order for $15,600 to Professional Design Associates, Inc. for the Reiter Park Project. F. City Administrator recommends the City Commission appoint Teresa S. Roper of the law firm of Roper and Roper as City Attorney. G. The Community Development Division of the Community Services Department recommends that the City Commission approve awarding a work authorization with Metzger & Willard, Inc., for professional design engineering services in the amount of $97,731 and authorize the City Administrator to sign all appropriate documents. CC 08-18-08/223 H. City Administrator recommends the City Commission confirm the --~ appointment of Carol Rogers as the Financial Services Director at an annual salary of $88,000. Commissioner Holt moved to approve the Consent Agenda as submitted. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. The Community Development Division of the Community Services Department requests the City Commission review the Site Plan (SP 04-08) for MSP Data Systems, a proposed office/warehouse use on approximately 0.34 acres fronting East Lake Avenue South, and take action the City Commission deems appropriate. Mayor Sackett announced this was a quasi judicial hearing and he reviewed the procedures. Ms. Adzima said the proposed project was for the development of a 4,109 square foot building located off East Lake Avenue on a property approximately .3 acres. She advised 3,075 square feet of the building is proposed warehouse and the remainder is office space. The property is in the Lyman Planning District and has a future land use designation of General Commercial. This project abuts properties with the same firture land use designation on all but the east side, which is designated Low Density Residential. This requires the Developer to construct an eight (8') foot wall of brick or stone which is specified in the signed and sealed plans. She stated on May 29th, the day of the Citizens Awareness and Participation Plan (LAPP) meeting, the Community Development Division received a letter from Mr. Michael Kramer requesting a formal review of the project due to concerns of the impact the project would have on the neighborhood and traffic increase on Lake Avenue. She reported the CAPP meeting was held and according to the report, forty-nine {49) letters were sent out and four people attended; three of the people attending represented one property. She advised there were three main concerns; stormwater, access to the site off of East Lake Avenue, and the architectural design of the building. She said by the end of the CAPP meeting, it was reported the participants seemed to have been satisfied. However, Mr. Kramer sent a letter dated July 31st to reiterate his request for a formal review of the project by the City Commission and stated his concerns had not been adequately addressed. She stated staffs review of the Site Plan find it to be in full compliance with all applicable codes. Mr. Drago advised this went through a review before the Commission when the Applicant asked for the land use. He stated Mr. Kramer and some residents had complained at that time, and specifically wanted some provisions that the Applicant agreed to relative to the property where it CC 08-18-08/224 abuts residential. He said Mr. Kramer was notified of the meeting tonight and he was not present. Deputy Mayor Bundy inquired about the egress and ingress, whether it would be beneficial to keep traffic on Lake Avenue at a minimum by making this a no right turn. He said if they did a left turn, the traffic would go back to Ronald Reagan Boulevard. Mr. Sizemore said this was not part of the discussion during the review process. He stated the project was directed through Codes Enforcement who does review for traffic circulation. He said if this was a condition the Commission would like to see imposed on the Site Plan, he was sure the Developer would be willing to consider. As the project stands, traffic generation numbers were done and based on the trip generation rates; this would generate approximately thirty (30) trips a day in addition to the current traffic. He stated the applicant reported at the CAPP meeting that one of his requests was to seek cross access easement with Title Corp in an attempt to completely circumvent any need to access off of Lake Avenue. This was not incorporated into the Site Plan as they were unable to make this arrangement. Deputy Mayor Bundy said he thought Title Corp had agreed to a cross access agreement or had indicated they would work with a cross access at the time of the land use change. He said the Commission's concern at the time was that when this site would be sold and developed, they would run into this. Mr. Sizemore explained the Title Corp property was the property immediately to the east. He pointed out the new lot created by the split and a lot still owned by Title Corp that changed to General Commercial. As part of this arrangement, they did erect a wall. He advised Lot 9 was Low Density Residential property. With the development of this property as proposed, there is General Commercial property against Low Density Residential. Ms. Roper swore in the witness. Daryl Baker, Project Manager for American Civil Engineering, said they do quite a few projects in Longwood and he was present to answer any questions. Deputy Mayor Bundy inquired about restricting the right turn. „_ Mr. Baker said this was a small record storage type facility. He stated he did not see a problem with the left turn only. He said there would be no use for someone coming in to turn right into a subdivision when leaving. He stated if this was something the Commission would like to see, they can make the arrangement to prevent people from turning right. CC 08-18-08/225 Deputy Mayor Bundy said when traffic is congested on Ronald Reagan Boulevard, the tendency would be to go to Lake Avenue and avoid the intersection at County Road 427 and State Road 434. Commissioner Holt moved to approve Site Plan (04-08) for MSP Data,Systems, as presented, with the discussion by Deputy Mayor Bundy for ingress and egress, Item 10 A. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set a second public hearing date for the first available City Commission meeting upon receiving approval from the State Department of Community Affairs (DCA) on the transmitted comprehensive plan amendment, and approve the first reading of Ordinance No. 08-1872, which amends the City Comprehensive Plan (CPA 01-08) to be consistent with the 2005 District Water Supply Plan. Ms. Roper announced having proof of publication. She then read Ordinance No. 08-1872 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Bundy moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. Commissioner Maingot moved to approve the first reading of Ordinance No. 08-1872, which amends the City Comprehensive Plan (CPA 01-08) to be consistent with the 2005 District Water Supply Plan, and set a second public hearing date the first available meeting after approval by DCA, as presented, Item 10 B. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set September 3, 2008 as the public hearing date, and approve first reading of Ordinance No. 08-1873 to readopt Chapter 74, Stormwater Management of the Longwood City Code. Ms. Roper read Ordinance No. 08-1873 by title only. Commissioner Holt moved to approve the first reading of Ordinance No. 08-1873, as presented, and set September 3, 2008 CC 08-18-08/226 as the public hearing date. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission approve an Amended Design Guidebook Agreement for Liberty Plaza to extend the terms of the agreement for an additiona118 months, and authorize the Mayor to sign the amended agreement. Mayor Sackett said it was his understanding that Liberty Plaza was close to the twenty-four (24) month period and they need an extension. Commissioner Anderson moved to extend the terms of the agreement for an additional eighteen (18) months. Seconded by Commissioner Maingot. Commissioner Anderson said he understands the issue has been the real estate environment and the availability of lending at this time. He stated he looks at this as a great project that will enhance the City and help fill the vision they have set. He would like to extend them the opportunity to make this happen. Motion carried by a unanimous roll call vote. C. The Community Development Division of the Community Services Department recommends the City Commission review a request from Rick Lightly to extend the timeframe for a temporary use permit for Jack's Sports Bar at 274 West State Road 434 from 30 to 90 days for a weekly event. Ms. Roper advised the original permit was issued based on the allegation that the Applicant owned the property. She said, upon further research, it was determined he is leasing the property. Subsequent thereto, a letter was sent to him dated August 11, 2008 under Mr. Sizemore's signature indicating the original use permit was being voided. She advised, with this being the basis, there was nothing to extend. D. City Administrator recommends the City Commission read by title only and adopt Resolution 08-1199 which approves a Joint Participation Agreement between the City and FDOT for the allocation of federally earmarked funds relative to the Commuter Rail Station and authorize the Mayor to sign all documents. r Ms. Roper read Resolution No. 08-1199 by title only. Mayor Maingot moved to approve Regular Item 11 D, as presented, and adopt Resolution No. 08-1199. Seconded by Commissioner Holt and carried by a unanimous roll call vote. CC 08-18-08/227 E. The Recreation Division of the Community Services Department recommends the City Commission approve the Longwood Farmers' Market Policies. Mayor Sackett suggested Ms. Meli first review the changes. Ms. Meli said one of the items that changed was the time of the Market. She stated they were suggesting the Market be open from 8:30 a.m. to 1:30 p.m. She stated the use of generators was removed and they added companion pets based upon the previous discussion. She would like to evaluate the Market following a three month period of time. Discussion was held regarding prohibiting people from bringing dogs to the Farmers' Market. Commissioner Maingot said he spoke with two Commissioners from Winter Park and they are currently having a problem with the number of dogs being brought to their Market. He stated dogs should not be allowed other than working dogs. Commissioner Anderson said, as a dog owner, he seeks out places that he can take his dog. Since Winter Park does allow dogs, this is one of the ~,,,, places he goes to. However, when they do have their bigger festivals they prohibit dogs and will politely ask anyone that shows up with a dog to take it away. He said he can see that it may not work at this location so they can politely ask people to not bring their pets. He declared they needed to give Ms. Meli the flexibility to modify things as she sees fit for the benefit of the Market and have her report back to the Commission regarding any major change she needs to make. Commissioner Holt said he believed Ms. Meli would bring any major concerns to the Commission. He stated he would like to see some kind of entertainment venue incorporated into the Farmers' Market at some time in the future. Deputy Mayor Bundy said the Arts and Craft Festival does not restrict dogs. He said they have not had any problems. He agreed allowing Ms. Meli to make modifications. He said he would like to have her provide an update after the first of the year. Commissioner Maingot said he was only conveying what the two Commissioners from Winter Park had told him. He said, based on what has been discussed, Ms. Meli could have the flexibility to deal with problems. He inquired if Ms. Meli was the Market Manager. ~. Ms. Meli said Mr. Capizzi may share in those responsibilities. She suggested it state at the discretion of the Recreation Division. CC 08-18-08/228 Commissioner Maingot inquired who would be responsible for collecting the funds. Ms. Meli said the vendors were supposed to come in to their office to pay these funds. She stated whoever was hired to run the event would have the ability to accept the money for the following week and issue receipts. She said there would be checks and balances in place and they would be able to track everything. Commissioner Maingot said it stated special arrangements may be made with the City if a vendor needs power. He stated there were a number of other Markets that allow the silent running generators. He said Deputy Mayor Bundy had brought up the matter of pollution and noise of generators. He suggested rather than turning these away, one of the four corners where such a piece of equipment could be located be utilized. Ms. Meli said she did speak with the Building Official and Fire Marshal and they did not have issues with a generator. Deputy Mayor Bundy said that regardless of where you put it, they are going to be noisy. He stated he felt they would be better off not having _. them. He said they could always make special arrangements for a vendor that may need power. Commissioner Anderson said he worked with Ms. Meli to craft this language. He said it was not a guarantee, it stated they may make arrangements with the City. He stated this was one of those areas to give Ms. Meli the discretion to make that determination. Commissioner Holt said in the pictures provided, they show the vendors working from their vehicles. He inquired if this was how they proposed the Farmers' Market. Ms. Meli said our parking lot was conducive to this and it~was something they needed to discuss. Commissioner Anderson said the idea they discussed with Ms. Meli was if this worked and they want to do that, then they can. He said a large van would not work and that needs to be at her discretion. Commissioner Anderson moved to approve the Longwood Farmers' Market Policies. Seconded by Deputy Mayor Bundy. Ms. Roper suggested on Item 14, regarding animals, placing a reference to the Ordinance or Statute that defines a service dog and companion animal. Commissioner Maingot reiterated they still need to give some flexibility with regards to power. CC 08-18-08/229 Commissioner Holt said from what he reads, it states if a vendor needs power, special arrangements maybe made with the City. Mr. Drago said there are electrical outlets out there. He does not know if they are on the same circuit or not. He stated he did not envision heavy users coming in wanting a separate power source. Deputy Mayor Bundy reiterated they should not allow generators. Motion carried by a unanimous roll call vote. Ms. Meli pointed out that they would not be open on the Saturday of the Arts and Craft Festival and this would be the Saturday before Thanksgiving. F. City Administrator recommends the City Commission discuss the Single Family and Duplex Driveway Access Policy and take action the Commission deems appropriate. Mr. Drago said the Commission discussed the old Policy at the last Commission meeting and came to a consensus on a new Policy which is now before them. The basic difference is that through a permitting procedure and a determination by the Police Chief that there is no safety ....~ hazard; the property owner could be granted an additional driveway access on an adjacent right-of--way. He stated it was also discussed that they would only be granted one additional driveway access. Commissioner Anderson moved to adopt the Driveway Policy as submitted. Seconded by Deputy Mayor Bundy. Commissioner Anderson said one of the concerns they had the last time was how to handle the unique lots with strange dimensions or locations. He discussed with the Administrator allowing some form of a variance process to the Policy. He suggested this would state to have some kind of unique circumstances enumerated that if due to some kind of an architectural need or there was some unique use with the lot, they could appeal to the Commission. Mayor Sackett asked the City Attorney if unique was a definable word, or would everyone's situation be unique. Ms. Roper said she would think most people could prove their situation was unique. She suggested if they were going to tailor this to situations in which the property doesn't fit into the normal situation, she would rather it be where they show exceptional circumstances beyond what is generally .~. seen in the population. She would want to see it more defined. CC 08-18-08/230 Deputy Mayor Bundy suggested adding a number six and place something similar to the Board of Adjustment standards for a variance. These require a financial burden not created by yourself, marketability, and uniqueness of the plat plan or elevations thereof. He said it would be easy to add an item and state this same reasoning or refer to that section of the Code and state they may be addressed upon appeal to the City Commission. Ms. Roper said she could craft language by the next meeting. She stated they should also have language so that for all intense purposes only two accesses are allowed. Mayor Sackett suggested that the language be crafted as one item under five. Commissioner Anderson withdrew the motion to allow this matter to come back at the next City Commission meeting. G. City Administrator recommends the City Commission discuss entering into a lease agreement with T-Mobile for the placement of a cell phone tower on City property and take action the Commission deems appropriate. Mr. Drago said this was before the Commission for information regarding the proposed cell tower behind Station 17 that had been previously discussed. He stated they were not asking for approval at this time as they are required to come back with appropriate exhibits. Commissioner Anderson inquired if it was an exclusive lease agreement. Mr. Drago said there was not a second tower, but they could co-locate antennas on the tower if it were feasible. He said the lease agreement would be exclusive, but they could sublease the antennas to a second party and the City would receive a fee. Deputy Mayor Bundy moved to approve the lease agreement a_s outlined. Mr. Drago advised he was not asking for approval at this time. The purpose of the Agenda Item was to have feedback from the Commission. Deputy Mayor Bundy withdrew his motion and inquired if there was a section that should the tower become inoperable, it is the tenant's responsibility for the removal. Commissioner Maingot inquired if any consideration had been given to add some tree like treatment to the pole. CC 08-18-08/231 Mr. Drago said they planned to hang a flag on this tower and it would look like a large flagpole. Commissioner Holt referenced Item 19, Assignment, and asked the City Attorney if she was comfortable with the language. Ms. Roper said they would not be able to assign it to anyone. This would have to be through reorganization, merger, or consolidation. Deputy Mayor Bundy suggested Item 20, "Tenant may sublicense or sublease the Property upon written notice to the City" be changed to state "...upon approval by the City." Ms. Roper said they could require this and it would be at the Commission's discretion. She said it was very common to request approval and notification prior to subleasing. Mr. Drago said he would have the City Attorney work on the language. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. Ms. Mirus reminded the Commission that the next City Commission meeting would be held on Wednesday, September 3ra due to the ,,~ Labor Day Holiday. 14. ADJOURN. Mayor Sackett adjourned the meeting at 8:43 p.m. A'T'TEST ; Sarah M. Mirus, CMC, MBA City Clerk CC 08-18-08/232