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CCMtg10-20-08MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES October 20, 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 Smith, Division Manager of Streets/Fleet Richard Kornbluh, Division Manager of Utilities Tom Jackson, Police Chief Laurie Mooney, Fire Chief Ryan Spinella, Executive Assistant Carol Rogers, Director of Financial Services Paul Sizemore, Director of Community Services 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Minis read the following announcement: A. A Halloween Event will be held on October 31, 2008 from 6:00 p.m. unti19:00 p.m., Longwood Police Department, 235 West Church Avenue. There will be a costume contest, live music, line dancing, bounce houses, games, food, free candy for the children, and much more. 4. RECOGNITIONS. A. District #4 Nomination of the Business Person of the Month Award for November 2008. Deputy Mayor Bundy nominated Kelly Kirk, Owner of K Squared Cabinet Company, 1204 Eagle Trail, for the Business Person of the Month Award for November 2008. Nomination carried by a unanimous voice vote. CC 10-20-08/293 5. BOARD APPOINTMENTS. A. District #2 Nomination to the Parks and Recreation Advisory Board. Commissioner Anderson deferred the nomination. B. Appointment of a Citizen Representative to the MetroPlan Orlando Citizen Advisory Committee. Deputy Mayor Bundy nominated Susie Dolan, 1083 Cross Cut Way, as a Citizen Representative to the MetroPlan Orlando Citizen Advisory Committee. Nomination carried by a unanimous voice vote. C. District #1 Nomination to the Codes Enforcement Board. Commissioner Maingot nominated Gregory Vanatta, 305 McClintock Street, for reappointment to the Codes Enforcement Board. Nomination carried by a unanimous voice vote. ° 6. PUBLIC INPUT. A. Presentations. A representative from Seminole County will conduct a presentation on the Mosquito Control Program. Mayor Sackett advised the presentation has been delayed due to illness of the presenter. B. Public Participation. Connie Adams, 279 East Jessup Avenue, said she would be gratefid if the Commission would take the time to discuss the information she has presented to them. She stated this situation has been going on for more than rivo years. She requested it be dealt within the next week. She said she would abide by the Commission's decision and hope they know the decision they make will not only be for her, but for all of the citizens in Longwood. John Slack, 531 Granada Way, said he has been a resident in Columbus Harbor for riventy-nine years. He stated his issue has to do with a long standing known drainage situation. He.said in 1992 the City enacted a stormwater fee to address localized flooding problems. He lives at the end of a cul-de-sac in which the drainage has been bad ever since he has lived there. He declared his notes go back to having talked with Ron Sergeant in 1997 regarding this matter. However, it was not unti12002 that he really started becoming very active because of the tremendous problems he vas having. He said the water comes down the street into his driveway and he contacted John Brock at the time. Mr. Brock referred him to Ron Kowalski and he worked with Mr. Kowalski to adjust the problem. He said this continued well through 2004 with a continued commitment that the problem vas going to be fixed. He stated in the meantime, the CC 10-20-08/294 storrnwater fee has doubled with which he has no problem. He said when the plans came out; his project was not even referenced. He still tried to explain it was worsening, and he was going to need help on the driveway since he was starting to see cracks. He stated in 2006 a former City representative told him a project was going to be revived and in 2007, Mr. Drago called him and told him that was unfortunately not true. He said things were now happening on a positive note and said he appreciates this. However, he does have a request because of having lived with this since 2002. He declared he has suffered extensive damage on the driveway. He stated the driveway was cracked andlarge chunks were falling, down in certain areas. He has had water come into the.garage leaving a tremendous mess. He said he would hope the City would work with him. to help fix. his driveway problems as a result of this matter not having been taken care of in the past. He again said thank you for what appears to be an active involvement to fix the problem. He stated when it is fixed; he: would hope to be able to.meet with somebody in the City to help him figure out how they can fix his driveway. 7. CITY AD'MINISTRATOR'S REPORT. Mr. Drago said he had distributed a letter from the Fire Chief relative to the Muscular Dystrophy Drive that the Firemen held recently. He reported Longwood Firefighters raised~$3,151 compared to last year's $2,707. He congratulated the Chief and Firefighters. Mr. Drago congratulated the Police Chief and Police Department for recently receiving their third State Accreditation which is good. for three years. Mr. Drago said they have been trying, to find a compatible date to hold a Work Session relative to the Historic Code. He inquired if the Commission would be interested in holding this in conjunction with the November 3, 2008 City Commission meeting. Commissioner Maingot said there would not be sufficient time to conduct a Regular Commission meeting at the same time. It was the consensus of the Commission to hold a Work Session on Monday, November 10, 2008 at 7:00 p.m. 8. MAYOR AND COMMISSIONERS' REPORT. District #1. Commissioner Maingot reported he visited the residence of Charles and Sherri Heitzhausen this past Sunday and saw first hand the tremendous flood damage to thus home. He said to compound this situation, that very night,lVlr. Heitzhausen left the premises after trying to secure the residence and thieves broke into their home. He stated this matter was on the Consent Agenda and. was worthy of consideration. He asked the City Administrator to expedite a visit with John Slack, 531 Granada Way, to evaluate the status of his driveway and come forward with a recommendation regarding this matter. CC 10-20-08/295 Mr. Drago advised he visited the area last week with the City Engineer to evaluate the issue with the drainage. He said Mr. Slack's concern was that over the time frame, standing water in his driveway cracked the concrete. He is asking for relief from the City regarding the driveway. Commissioner Maingot suggested there be some determination as to what costs would be involved so the. Commission can make some determination on how to proceed. Mayor Sackett inquired if the City has previously repaired private property from something that has occurred similar to this. . Deputy Mayor Bundy said in an area where a lot was unbuildable, the City purchased the lot to use for future drainage purposes. He agreed they needed an assessment of costs. Commissioner Anderson said they needed to determine how much of the damage vas caused because of the drainage problem. Deputy Mayor Bundy said they needed to be careful so as not to be liable for all driveways. Commissioner Holt said they are ,going to resolve the .drainage issue. He stated $1,200 seemed like a minimal amount. Mr. Drago said the cracks were in an area behind the right-of--way. Commissioner Maingot inquired if there were decals issued for the State Accreditation. Chief Jackson said they could purchase the decals. District #2. Commissioner Anderson said he did not see the Halloween event on the City's website. He suggested this be prominently displayed. Mr. Sizemore advised this information was currently on the front page of the City's website. Commissioner Anderson requested an update regarding the Adams matter. Ms. Roper advised this case was still in litigation and if the Commission wanted to discuss the matter it should be at an Executive Session. Commissioner Anderson said last weekend Northland. Church and forty other Churches throughout the .Central Florida area got together and volunteered on service projects. District #3. No report. CC 10-20-08/296 District #4. Deputy Mayor Bundy said the Commission. needed to discuss the Adams ease. He suggested they hold a meeting prior to the next regular Commission meeting. It was the consensus of the Commission to meet at 6:15 p.m, prior to the November 3ra regular Commission meeting. Deputy Mayor Bundy reported. he attended the Florida League of Cities Intergovernmental Relations Committee, meeting last week. He said the first couple of meetings were on housing and the issue of HUD money coming to the State from the Federal Government. He requested Mr. Sizemore to review the information provided in his packet. He stated DCA was placing a lot of strings on the funds when HUD's emphasis was to get the money to the communities. He said some of the larger cities that have Affordable Housing seem to think this money is targeted to projects that involve Affordable Housing, He stated with the number of foreclosures and the drop in the housing market, it can lend itself to some opportunities for some of the organizations like Habitat for Humanity. He advised they would probably have a Resolution from the next meeting to bring back to each of the cities. He said this would be presented as an action item for the upcoming Legislative Session. He stated this was not just a housing problem;, it was a housing collapse along with the economic downhirn we are experiencing. He said they are pushing for any programs being developed are for homesteaded properties. He stated their next meeting was on November 21st and he would have the information distributed once he receives it. He suggested the Commission submit any ideas to Mr. Sizemore or Ms. Minis. District #5. Mayor Sackett requested an update regarding the pipe that goes through the back of Highland Hills. Mr. Drago said the City Engineer has surveys,. and has been there several times to evaluate the matter. Mayor Sackett reported he met with Mayors and Managers and he learned that there was talk coming from other areas to Orlando that there does not seem to be support for the bus transit from the Train Station.. Instead, they are looking for trolley service coming away from the Train Station. Commissioner Anderson said this was discussed at MetroPlan and this will be for certain projects. Mayor Sackett discussed the Seminole Work Opportunity Program (SWOP), which is a program for adults with special needs that was $4.00,000 short from the Seminole County School Board. He advised they put together what would be Longwood's share of the shortfall and stated there are six adults participating in this Program. He said they stated Longwood's responsibility would be $31,200.. Since that time they have found that Orlando Limousine is willing to pick up the transport of these people. They will also receive the Medicare supplement so there is no need for any money from Longwood. CC LO-20-08/29? Mayor Sackett inquired if next year-the City would like to pursue the Haunted House in conjunction with or separate from the Longwood Chamber of Commerce. He stated at some point in time there would be portables available. He said he thought we were trying to hand this over more as a Longwood Chamber Project. Commissioner Anderson said when he read the letter, it was polite and said at this point in time the City had moved on and had done something else for this year. However; if the Chamber was interested in doing something, then make it happen. He stated people really like the Haunted House and want it to continue. He said he wasn't sure it was a good use of that much funding by the City. He stated using volunteer hours and some type of a partnership would be a great idea. Mayor Sackett said he would get together with the Chamber and suggest they look into taking responsibility of these portables prior to their being destroyed. Deputy Mayor Bundy said there was a real possibility that this could be done with very little finding from the City. Commissioner Anderson said this could be a good partnership through Parks and Recreation. Mayor Sackett .said they had received a letter requesting a waiver of some fees to the Community Building for Relay for Life on March 16, 2009. Commissioner Anderson moved to work with Relay for Life to identify an evening that works on the calendar and waive the fees for that event. Seconded by Deputy Mayor Bundy, Mayor Sackett said they would be paying the cleaning fees. Motion carried by a unanimous voice vote; Mayor Sackett asked Deputy Mayor Bundy if he could attend a Scierice Fair on December 16, 2008 at Rock Lake Middle School, as a judge. Deputy Mayor Bundy responded in the affirmative. 9. CONSENT AGENDA. A. Approve Minutes of the October 6, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends paymen"t of approved and estimated bills for November 2008. C. Finance Division ofthe Financial Services Department recommends approval of the Monthly Financial Report for September 2008. CC 10-20-08/298 D. City Administrator recommends the City Commission approve the adoption of the Collective Bargaining Agreement between the City and the Teamsters Local Union No. 385 for the period of October 1, 2008 through September 30, 2009 and authorize the Mayor to sign the agreement. E. City Administrator recommends the City Commission approve the adoption of the Collective Bargaining Agreement between the City and the"International Union of Operating Engineers, (IUOE) Local 673 covering the Blue Collar Unit for the period of October 1, 2008 through. September 30, 2010 and authorize the Mayor to sign the agreement. F. The Building Division of the Community Services Department .recommends the City Commission approve a purchase order with Page, Dixon, Chandler, Smith (PDCS) for building official, plans review, and inspection services for $200,000.00 and authorize the City Administrator to sign all appropriate documents: G. The Building Division of the Community Services Department recommends the City Commission waive building permit fees related. to repair and restoration activities resulting from flood damage at 551 East Wildmere Avenue. H. The Fire Department recommends the City Commission .approve a Blanket Purchase Order for Ten-8 Fire Equipment not. to exceed $27,000.00 and authorize the City Administrator to sign the Purchase Order. I. Utility Billing Division of the Financial Services Department recommends the City Commission approve a purchase order in the amount of $43,680 to Severn Trent Environmental Services, Inc. for meter reading services and authorize the City Administrator to sign the appropriate documents. J. Computer Services Division of the Financial Services Department recommends the City Commission approve a contract and purchase order in the amount of $67,260 to The Revere Group, Inc., for information technology (IT) infrastructure managed support services and authorize the City Administrator to sign the appropriate documents. K. Computer Services Division of the Financial Services Department recommends the City Commission approve a purchase order in the amount of $72,852 to SunGard H.T.E., Inc. for annual sofrivare access, maintenance, upgrades and support and authorize the City Administrator to sign the appropriate. documents. CC 10-20-08/299 L. The City Administrator recommends the City Commission approve the purchase of eleven (11) 2009 Ford vehicles from Duval Ford, in the amount of $227,972.00 and authorize the City Administrator to sign the purchase order. M. The City Administrator recommends the City Commission approve the purchase of four (4) 2009 Ford vehicles from Don Reid Ford, in the amount of $63,472.00 and authorize the. City Administrator to sign the purchase order. Commissioner Anderson moved to approve the Consent Agenda. as submitted. Seconded by Commissioner Holt. Discussion was held regarding Item 9 I. Motion carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. The Community Development Division of the Community Services Department recommends the City Commission .read by title only and adopt Ordinance 08-1874 to amend the Longwood Development Code (LDCA 02-08). Ms. Roper announced having proof of publication for both Public Hearings listed on the Agenda. She then read Ordinance No. 08-1874 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Holt moved to close the public hearing. Seconded by Deputy Mayor Bundy and carried by a unanimous voice vote. Commissioner Holt moved to adopt Ordinance No. 08-1874 to amend the Longwood Development Code; as submitted. Seconded by Deputy Mayor Bundy. Deputy Mayor Bundy said he wanted to make sure the revisions were strong enough on the. vehicle sales facilities. He stated they need to make sure there was enough parking for vehicles to be sold as well as customer parking. Mr. Sizemore said that was one of the instances that lead to changing the Code a couple of years ago when small properties were converted to car lots. He advised if they fit under this exemption, they still have to demonstrate having the required number of parking spaces. CC 10=20-08/300 Commissioner Anderson said,. as he recalls, the parking spaces of the business needs were separate from those of the. customer needs. Mr. Sizemore reiterated this does not weaken the standard for required parking. Motion carried by a unanimous roll call vote. B. The Finance Division of the Financial Services Department recommends the City Commission read by title only and adopt Ordinance 08=1877 which amends the Fiscal Year 07/08 Budget. Ms. Roper read Ordinance No. 08-1877 by title only. Mayor Sackett opened the public hearing.. No one spoke in favor or in opposition to the Ordinance. Commissioner'Maingot moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 08-1877, as presented, Item 10 B. Seconded by Commissioner Holt 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 a public hearing date for November 3, 2008, and approve the first reading of Ordinance 08-1878 which amends the City Comprehensive Plan (CPA 02-08) to update the Capital Improvements Element. Ms. Roperxead Ordinance No. 08-1878 by title only. Commissioner Maingot moved to approve Ordinance 08-1878 and set November 3, 2008 as a public hearing date. Seconded by Commissioner Anderson. Commissioner Anderson inquired if on the Capital Improvements for Transportation, this would be completed in four years. Mr. Drago advised the dirt streets would be paved within four years. He said they were hoping the County and other cities would decide whether to ask the voters for a third generation of the optional sales tax. He stated that helped to fund a lot of this. If they seek voter approval, at that time he would entertain retrofitting on the east side and other areas needing attention relative to roads,, sidewalk and drainage. CC 10-20-08/301 Commissioner Maingot inquired about the vacuum systems for wastewater. Mr. Drago said vacuum systems pull the waste rather than pushing the waste. He stated it takes less energy and they had some in place at 17/92. Motion carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission review a request from Raymond L. Scott to grant Infill Development Status for a proposed project located on an unaddressed property west of 502 North Grant Street. Mr. Sizemore said several years ago the property located at 502 North Grant Street received a lot split to break the property addressed to Grant Street off from a vacant property that lies to the west of it and fronts on Lake Horton. He stated this property was designated Medium Density Residential (MDR) and has a maximum allowable residential density of ten units per acre. He said it was ahalf--acre of buildable property that would result in a total of five .allowable units. He stated several years ago the Commission established a process called Infill Development Designations. This separate set of regulations would allow flexibility, setbacks and dimensional requirements for lots. He said in the MDR District you are allowed this higher level of density, but if you ever attempt to try to develop something and meet the required setbacks, it is impossible to get that number of units. He stated this puts developers on small Infill lots in a situation where they can either build mini fewer single family homes or they could develop a condo or apartment project. He said there would be no way to develop them as smaller single family units due to he dimensional criteria. The Infill process is aimed at properties like this. that are around ahalf--acre in size designated MDR and have a developer interested in building single family homes that could be sold fee simple. He stated the applicant is Scott Architecture and is present to answer any questions and discuss their, proposal. They are requesting Infill .Status for this property, which is the first step in a multi-phase process. He reviewed a preliminary site layout of what they would like to do if the Commission decides to grant Infill Status to this property. Their aim is to provide five single family units instead of five. condo or apartment units. These units would have to adhere to the requirements of the Infill Standards as established in the Longwood Development Code. He advised in this phase the applicant is only required to provide conceptual site layout and eoncephial design for the Commission's consideration. If the Commission determines to grant the Infill Status, the next step would be for them to move forward with more site engineering with the actual dimensions and begin with 'the preliminary plat process. The applicant would still be required to do a preliminary plat, adjacent property owner notification, and go through the full staff review with site development CC 10-20-08/302 plans. He stated once this has been completed, they would have to come back to the Commission to get a final' plat approved in order to subdivide the properties. Commissioner Holt said they have approved some of these projects previously. He stated the project on Oak Street hasp't been touched in 12 to 14 months. Mr. Sizemore said the applicant for Oak Street had problems with their contractor and had to .get a new contractor on board.. He stated they do have active permits on the site, but there have not been any inspections for some time. I=Ie advised if six months elapses after the last one, then the permits will be voided. Commissioner Holt said with this project, he inquired if the .gravel or mulch walking. path could be elevated to a deck type of walkway. He said they show pictures of the proposed project, and what actually gets built is nothing similar to the pictures. He referenced a project near Bethesda. Mr. Sizemore advised the applicant of the property near Bethesda had approached the City with a proposal to do a development according to the Infill Standards. He stated this vas an optional program so people can develop property and do their property as fee simple ownership. Otherwise, they would be forced to develop duplex, rental, or condo .type units. He said this applicant came forward with a proposal. The Commission decided to grant the Infill Status and he did not take advantage of that opportunity. He elected to go with the typical setbacks and development standards available to him: He advised the development before the Commission could do the same and develop what is allowed on 1VIDR property. He stated granting the Infill Status is not a guarantee the applicant will move through the final stages of the process. Commssioher Maingot said there must be some way the City can tie them to comply with the intent of granting the Infill Status. Mr: Sizemore said the lists of benefits that go with this Infill Designation are. reduced setbacks and flexibility in the dimensional criteria for the lot. If the Commission approves this concept and grants the Infill Status, the only way they can reap the benefits from that approval is to follow the Infill Design Standards. Commissioner Maingot inquired about the time frame for actual construction. IV1r. Sizemore said if they make it through the site. development plan process, a development order is valid for one year and they can request an extension for one year. He stated this .means they have to pull their permits within that time period. Once the permit is pulled, the permit is valid for CC 10-20-08/303 six months. He advised all they would need to do is call for an inspection within the six month period. The permit is then good for another six months from the inspection. Deputy Mayor Bundy said they have all felt a little disappointed that they go to the effort to grant the status and take the time to look at the projects, and then they decide not to go through with it. He suggested a way in the future would be; if they decide to revert back to the old standards, they are required to come in and have the Infill Status removed. Ms~. Roper said she would need to research conditions because of the property rights issue. She stated the Commission may want to possibly look at an expiration time unless action is taken. Deputy Mayor Bundy said this would still allow them to go back to the old standards. He stated it was a fine line and there was no easy answer. He asked- if calling in for an inspection was for a valid inspection°and not one that fails. Commissioner Anderson said the issue with the permits was a different issue and needed to be dealt with separately. He stated he wouldn't have any problem requiring they have to complete a percentage of the project within six months. He said the person was completely within their rights to build the project on Warren and Grant aril has nothing to do with whether Infill Status was granted. He stated if he was hearing. correctly, they are almost making the Infill Status as another land designation. He said with regards to this project, it is rare that someone wants to build today. He stated rather than building the prototype there was vision in this to create something different and it was a great project. He said by placing more struchires on the land in an attractive fashion, you have lowered the cost of entry into those homes. He declared he vas in favor of granting the status. Mayor Sackett asked fihe applicant if this was a situation where they would prefer a decision tonight, or could they wait until the City Attorney reviews provisions. Emily Weidner of Scott Partnership Architecture said their deposit goes hard on November I4, 2008. She stated in response to their intent for the property, they do not intend to do this project unless they do this Infill Status. She said they do not feel it would be a quality project if they cannot develop it like this. Also, in response to Commissioner Anderson's comments about the land costs; the reason they are doing the f ve units is to keep the cost down. She stated they want to keep these units within reach for the people of Longwood. She said somewhere around $175,.000 was their hope with housing being so .difficult at this time. She stated they were trying to do some green principles and wanted this to be good quality architecture design to enhance the community. CC 10-20-08/304 Mayor Sackett inquired if they could do something with conditions since she had a deadline. Ms. Roper said she could have something prepared by the November 3, 2008 meeting. Deputy Mayor Bundy said from what he is hewing the. Commission wants to .grant the Infill Status. He stated he was not sure they could impose a standard on the applicant that was not in effect at the time they made application. He said he used this as an opportunity to bring up what he perceives as something they need to tighten within this program. He stated he did not have a problem. with granting the Infill Status to this project. Mayor .Sackett said he would like this to be investigated to see what would be appropriate the next time. Ms. Roper said if they did do some amending, everyone from this point forward would have those same conditions. Commissioner Holt said he applauded this company for wanting to come to Longwood and work with them. He stated they have been burnt in the past and this was not what they were getting. He said they would work with the Attorney on this grey area. He stated they did not want to stop this project. Commissioner Maingot moved to grant the Infill Development Status, Regular Item 11 B, as presented. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. C. The Finance Division of the Financial Services Department. recommends the City Commission read by title only, set November 3, 2008 as a public hearing date and approve the first reading of Ordinance 08-1$79 which amends the Fiscal Year 08/09 Budget. Ms. Roper read Ordinance No..08-1879 by title only. Commissioner Holt moved to approve the first reading of Ordinance No. 08-1879 and set November 3, 2008 as a public hearing date. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. No report.. CC 10-20-08/305 14. ADJOURN. Mayor Sackett adjourned the meeting at 8:30 pm. ATTEST: j Sarah M. Mi~•us, CMC, MBA City Clerk ~. Brian D. Sackett,~lVIayor CC 10-20-08/306