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CCMtg06-19-06MinIJ®NGWO®I~ CIT'~Y C®1VIlVIIS~I®l~ ]Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida 1V][INUTES .l~JloTE 19, 2006 7:.001°.M. Present: ' Mayor John C. Maingot Deputy Mayor Dan Anderson Commissioner Mike Y-ll[olt Commissioner ILG. "B"etch" Bundy, Jr. Commissioner Brian D. Sackett Richard S. Taylor, Jr., City Attorney John J. ~Drago, City Administrator Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleets Richard Kornbluh, Division tVIanager of Utilities Carol Rogers, Director mf Financial Services Tom Jackson,. Chief of Police !.~ Pat Miller, Director of Commiunity Services Fran Meli, Recreation Progr~im Manager Amy Stevenson, Community Services Coordinator Ryan Spinella, Executive Assiistant Laura Mooney, Interim Fire Chief 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:03 p.m. 2. A moment of SILENT MEDITAT];ON was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENT'S. The following announcements were made: A. Senior Matinee will beheld on June 21, 2006 from 11:00 a.m.. until 1:00 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is Monster-hz-Law. B. Family Movie Night will be-held on June 22, July 6 and July 13, 2006 from 7:00 p.m. unti19:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. E ~ A. District #1 Nomination of the Business Person. of the Month Award for July 2006. CC 06-19-~06/143 Mayor Maingot nominated Don Cavone as Business Person of the Month. for July 2006. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. District #3 Nomination to the Board of Adjustment. Commissioner Holt deferred the nomination. 6. PUBLIC INPUT. A. Public Participation. None. 7. CITY ADMINISTRATOR'S REPORT. No report. 8. MAYOR AND COMMISSIONERS' REPORT. District #4. Commissioner Bundy proposed inviting the Business Person of the Month to the Board Appreciation Di-nner. It was the consensus of the City Commission to invite the Business Person of the Month recipients to the Board Appreciation Dimler. Commissioner Bundy suggested incorporating a bronze plaque ui the hardscape of the 911 Memorial with the following names on the plaque: current Commission, Administrator,. Police Chief, and the fire Chief who was onboard at that time. District #5. Commmissioner Sackett reported the FCAT scores came out and the City of Longwood did very well with. two A rated elementary schools, all middle schools were A rated and Lyman went from a C to a B rating. He affirmed he spoke at the last meeting in regards to a fence being placed around Mud Lake. He said he would like to see this come forward as an agenda item. He reported lie witnessed a police officer spending a day with an elderly neighbor while she was being evaluated as to whether she was capable of maintaining her own home. He stated he saw sensitivity there and congratulated the Police Department. District #1. Mayor Maingot reported the leadership briefing for June 7th had been cancelled. He stated.the Envision Seminole Mayor and Managers meeting was hosted by Winter Springs on June $th and the Superintendent of Schools gave a brief overview of the Interlocal Agreement and School Concurrency Draft being prepared for submission to the DCA. He stated when the draft is returned from the DCA, it will be presented to the County and the seven cities for input and/or modifications. He reported the Joint City/County Advisory Conunittee would meet on June 21St and consolidation of services will be discussed. He said it was his understanding, based on the survey results; the Commission preferred to have their owil services under the City's control. Deputy Mayor Anderson said it would behoove the City to look at where we could cooperate for cost savings. He stated accountability was important to the ~..1 residents. CC 06-19-06/144 It was the consensus of the City Commission that the. City has their own services. Mayor Maingot reported the Back to S`cl~ool Fair, Your Health Is Needed was requesting volessteers on July 29th and also requesting donations to help offset the cost of backpacks. Commissioner Sackett stated this was part of the Foundation acid advised they ].nave a pretty consistent income. District #2. Deputy Mayor Anderson reported MetroPlan MLUiicipal Advisory Conllnittee went through the new and revised long range plain7ing documents for iniproveinents to State Road 434. He stated the old plans showed the improvements to County Road 427,. however, the new plans stop at Raaigeline Road. He declared. the improvements needed to be done together to County Road 427 rather than fumleling the traffic onto Rangeline Road. Mayor Maingot said this has been an issue for some time. He said the Ci-ty~made it abundantly clear that the County has the right-of way between Lake Enuna Road and Coiuity Road 427 so they could work on the widening of this area. He stated the Rangeline Road neighborhood should not be torn apart for the conveniences of people who do not live ul the City of Longwood. District #3. Commissioner Holt thanked Officer Albritton. for the great job he does with the senior citizens acid how he cares and touches their lives. He reported he attended the Projects and Land Conunittee meeting on June 8~' and reviewed the Aquatic Storage Recovery System„ He reported the St. Johns Water Management District has an agreement with Seminole County, Sanford, and Lake Mary for Tri-Party Water Supply where they will store purified water. Commissioner Holt reported the work had started on the Hero's Monument water feature. He said he spoke with the City Clerk and he stated comrriunication needed to be tightened up between Deppartment Heads. He.said there was a situation that needed to be addressed and he asked those who work together each day to iron out these issues. He stated 'the jobs needed to be done in a professianal mariner and through coirnnunication. 9. CONSENT AGENDA. A. Approve Minutes of the June:. 5, 2006 Regular Meeting. JB. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for July 2006. C. Finance Division of the Financial .Services Department recommends approval of the Monthly Financial Report for May 2006. D, The Police Department recommends the City Commission approve the distribution of $142,380 a~f Fiscal Year 2006/2007 Anti-Drug CC 06-19-06/145 Abuse Act funds for projects within Seminole County as requested by Seminole County and authorize the Mayor to sign all documents. E. The Community Development Division of the Community Services Department recommends that the City Commission approve . awarding the contract for Harbour Isle Way Drainage Improvements project to A & M Si Construction, Inc. in the amount of X317,955.00 and authorize the City Administrator to sign all appropriate documents. Deputy Mayor Anderson moved to approve the Consent Agenda. Seconded by Convnissioner Bundy. Discussion was held regarding Item 9 E. Mr. Drago advised the contract would be awarded and Phase I would be to make the retention pond larger. Phase II would be installation of the pumping station. 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 approve Ordinance No. 06-1803 for a Small Scale Comprehensive Plan Future Land Use Map Amendment. (SPA 04-06) from County Office to City General Commercial (GC) for the property located at 1449 North County Road 427. Mayor Maingot announced this was a quasi judicial hearuig. Mr. Taylor announced having proof of publication for this and all public hearings on the agenda. He then read Ordinance No. 06-1803 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Conunissioner Holt moved to close the public hearing. Seconded by Commissioner Sackett and carried by a unanimous voice vote. Conunissioner Holt moved to approve Ordinance No. 06-1803, as presented, Item 10 A. Seconded by Conunissioner Sackett 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 and approve Ordinance No. 06-1804 for a Small Scale Comprehensive Plan Future Land Use Map Amendment (SPA OS-06) from County CC 06-19-06/146 ~ Office to City General Com~r~ercial (GC) for the property located at 1455 North County Road 427. • Mr. Taylor read Ordinance No, 06-1804 by title only.. Mayor Maingot announced this was aquasi-judicial hearing. Mayor Maingot opened tale public hearing. No one spoke in favor or in opposition to the Ordinance. Coriunissioner Sackett :moved to close the public hearing. Seconded by Conunissioner Holt and carried by a una~7imous voice vote. Deputy Mayor A~iderson moved to approve Ordinance 06-1804. Seconded by Commissioner Holt and carried by a unanmous roll call vote. C, City Attorney recommends t]he City Commission read by title only and adopt Ordinance No. 06-•1805 amending Chapter 58, Planning and Special Uses and Events, Article IV Temporary Uses, Section 58- 193., Issuance of Temporary lUse Permits. Mr. Taylor read Ordinance No. 06-1805 by title only. Mayor Maingot opened the puhlic hearing. No one spoke in ..favor or in opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. Seconded•by Corrunissioner Holt and carried by a unanimous voice vote. Conunissioner Holt•maved to adopt Ordinance No. 06-1$O5, as presented, Item 10 C. Seconded by Commissioner Sackett acid carried by a unanimous roll call vote.. 11. REGULAR BUSINESS. A. The Community Development Division of the Community Services Department recommends the City Commission discuss the construction of a new commercial building at 1705 North County Road 427 and give stafi''direction the Commission deems appropriate. Mr. Taylor said he spoke with Jim Hattaway by phone and requested permission to go on the property. He said he was looking .for a way to reach a concession without compromising the Code: He stated there was a legitimate dispute between the parties. He advised, if the City Commission desired to reach a compromise, they would be entitled to do so. He pointed ' out the applicant was advised by Mr. Sizemore in a letter dated January CC 06-H~-06/147 23, .20.06, stating. they had to comply with the City's design standards. On February 16, 2006,. the applicant obtained a building permit from Seminole County and the very next day- applied to amlex into the City. There was a review of the site plan on February 20, 200.6, by the City in which the metal was specifically discussed aaad stated the metal must be stuccoed. He advised the letter dated January 23rd from Mr. Sizemore advised the applicant the City could provide utilities, but they must annex into the City and comply with the building standards. He stated when they applied for annexation that was an acceptance and agreement to the teens of the letter. He said the third issue being argued by the applicant was the confusion with the word facade. He stated the applicant did a good job of bringuig forward the. true definition of a facade. He said the Code has been consistently applied in using the teen facade plural. He stated there. was a transfer station and Aiiltrak to the back of the building. He suggested, if compromisilig, to compromise on the rear of the building. He also stated the right. side of the building was hard to see, due to the way it was angled. Mr. Miller said the City Attorney covered issues very well. He advised there was one time Mike Hattaway came to the office in late April to discuss colors with Ms. Adzima. When the colors were discussed, the metal -was .mentioned again. He reiterated the City requires metal buildings be stuccoed. He advised the City's response to the Site Plan was sent to the applicant on February 20th. He read the Owner Statement into the record. Mayor Maingot stated he wanted to make it clear that the City identified the requirements upfront and they were clearly understood. Mr. Miller stated the third comment of the Site Plan review stated; "If existing metal building is to remain, metal exterior finish should be covered with stucco, or alternative material. For allowable material see LDC 3.2.3 D8." He stated it did not refer to the front of the building,. the side of the building, but the building. He advised the first reading for the annexation Ordinance was held on March 6t'' andahe second reading was on March 20th. He stated on or around April 20th, Mr. Hattaway eanze in and spoke to staff regarding colors. At that time it was made note the metal siding would need to be addressed. On May 4th, he and Mr. Sizemore met with Mr. Hattaway and advised hiin metal siding had not been allowed to be exposed, other than the mansard. On May 9th, Mr. Sizemore notified Mr. Hattaway by letter with copies of photographs. He continued to review the timeline outlined in the. board item.. Mayor Maingot inquired if City staff made it abundantly clear as to what the requirements were for the satisfactory completion. of the building to the standards as i dentified by the City. Mr. Miller responded in the affirmative. He stated the timeline and .information provided was quite conclusive on how staff proceeded. CC 06-1.9-06/148 Commissioner Holt. stated at a previous meeting when this issue was tabled, that the applicant needed to receive all correspondence and docwnents. He inquired ,~Uout correspondence from Mr. Hattaway for the period of time from January to May 4`l'. Mr. Miller advised there was no other correspondence. . Commissioner Holt asked since the building started with Seminale County permitting and planning stages that the City overlooked some of this process. Mr. Miller stated, in lus opiiuon, starting out in Seminole County and with the aiulexation; switching over to the City was not a smooth transition.. Gonunissoner Bundy inquired if there were any statements in the annexation application with regards to the Longwood Development Code. Mr. Miller stated there were no eoms~lents relative to the Longwood Development Code in that statement. lames A. Hattaway, Esquire, s;~id lie was the attorney for the applicant, Fire Tower, LLC. He said there were a great ma~iy misperceptions as to what the facts are and what the- law is on this matter. He reviewed a document that showed this issue would cost his client $50.,000 to come into compliance with sta:Ef s incorrect interpretation of the LDC. He advised his client has already paid $3,556 to stucco the block on the sides and the back of the building which was work they were not required to do. He declared they had an agreement if they stuccoed the block; they would not be required to stucco the metal. He said not until the letter dated May 9~' did staff required the stucco on the building. He stated the only issue properly before the Commission tonight was the interpretation of one provision of the LDC. He said what the City has done with other buildings before or after theirs was completely irrelevant. He declared the only issue before the City Commission was the definition of a facade. He reviewed Section 3.2.3 D8 of the LDC: 1:3e stated City staff would have us understand to believe that facade meals the entire exterior of the building. He said it did not. He stated the proper definition. of facade was determined by looking a1: the L.DC, Section 3.2.0, which is the section dedicated to Site .Design Standards. He said from there they were referred to Section 3.2.3 -Design Standards for Development on U. S. Highway 17- 92, Dog Track Road, State Road 434, County Road 427, and GC P/I and IND Properties in the City. He read paragraph {a) of this section and reviewed paragraph (b).:He went on to review paragraph D8 and stated we % know from simple grammar that facades is not a plural noun. He stated the grammar and the intent was singular and this was also supported by the architectural definition of facade. He read this definition from the Dictionary of Architecture and Construction. I-Ie pointed out the LDC CC 06-15~-06/149 does not define a facade and the Florida Administrative Code does not define-facade. He pointed out the LDC also refers one to Section 163.3164 of the Florida Statutes 'for additional definitions 'and that provision of Florida Law does not define facade. He stated the LDC did not have multiple definitions of facade, but the Historic District Code Book refers to front facades, yard facades, and other facades. He stated the Historic District Code Book was not applicable to this particular. piece of property. He provided an Affidavit from a licensed Florida Architect. as to the defnution of facade and he states it wasvnproper to conclude that the LDC contemplates this to be anything more than the front of a building. He declared the law tells us that the. definition of facade and how they should proceed on this building was along the lines he has been discussing. Discussion ensued. Commissioner Sackett read Section 3.2..4 E and pointed it referenced "primary facades" multiple times and it also referenced "both street facades", indieatiiig more than one. Mr. James Hattaway stated they were dealing with Section 3.2.3. He submitted that Section 3.2.4 was inapplicable to this situation and City staff had not. cited to it. He stated the LDC nowhere defines the word facade, and it tells us that when a word is not defined, it must be given its common and ordinary meaning. He stated that government must work within the law. He said the City had the opportunity to amend this acid make changes. He requested his client be spared the unnecessary expense to stucco more than he should have to. He declared what the City has told other property owners to do was irrelevant. Each individual property must be treated on its own merit. He stated there was no paper trail until the May 9~' letter from Mr. Miller regarding stucco on the building. He reviewed pictures of another building in the City that hadmetal on the sides of the building. He declared the law has not been applied accurately or evenly. He said the property was re-zoned by Seminole County, the Site Plan was approved by Seminole County, and a Building Permit was issued by Seminole County, all inspections were done by Seminole County, and a Certificate of Occupancy will be issued by Seminole County. He stated the letter from the City dated January 23rd stated; "Please be advised that any aspects of your project which are not designed and constructed to City standards must be brought into compliance before your property will be annexed." He submitted, if the City lias .annexed the property, they must be in compliance. He submitted this matter was beyond the City's . jurisdiction and power. Mr. Taylor said he did not hear anything about a compromise that they had discussed last week over the phone. ~l CC 06-19-06/150 ~~ Mr. James Hattawav said there: was a portion of the front of the building they will stucco that is not ma.~isard. Commissioner Holt inquired ii.'they were willing to stucco aiiy of the metal exposed on the front of i:he building that was not mansard. Mr. Mike Hattawav recoiruner~ded talking about each individual portion of the building so tllere'was no misunderstanding. He stated you could not stucco an overhead door and expect the stucco to remain in place:. Commissioner Holt clarified the areas of the front of the building he was referring to be stuccoed. Mr. Mike Hattawav pointed out on the pictures the areas that were clot mansard and stated they would stucco that area on both sides. He said they City had not asked them to stucco the portion above the mansard, but they would also agree to stucco than. portion. Commissioner Bundy said the City had made a mistake with the ' annexation in allowing the permits and inspections to be done by Serriinole County. He said that: saved the applicant the expense and time of going through the City's Land Development Review process. He affirmed ' that this has taught them from now on anyone- being required to annex in needs to go through our :Land .Development Review process. He said, in this case, there had been same misconceptions on both parts. He stated. he was happy with this corrxprom:se. Conunssioner Sackett suggesl:ed this compromise be accepted and they move forward. Mayor Maingot stated he wani:ed to make sure there was.. a clear understanding and full knowledge of what they have agreed to. Mr. James Hattawav staked. he and Mr. Miller have worked out on t11e drawing that agreement and if lus clienf is in agreement with this, he has marked it as Exhibit A to provide to the Court Reporter as a permanent record. Mr: Taylor advised in his discussions with Mr. Hattaway they were going to paint the metal and the stucco the same color. Discussion ensued. Mr. James Hattawav reviewed the marked photographs labeled Exhibits A-D. Mr. Miller reviewed all of the Exhibits. CC 06-1~~-06/151 Conunissioner Sackett moved to accept the compromise offered by our staff, Mr. Miller, and. Mr. Hathaway in joust effort to make this project come to fruition. Seconded by Conunissioner Bundy and carried by a wiaiumous roll call vote. S. The Recreational Programs Division of the Department Community Services requests the City Commission discuss future recreational programs and facilities,, including partnerships with Lyman High School and First Baptist Church of Altamonte Springs and give staff the direction deemed appropriate. Ms. Meli said the Recreational Programs Division has been presented with several opportunities. She said the recreation staff has been doing ~as much programming they can based on the facilities available. She said they were looking for partnerships to be able to increase their progranuning, specifically athletic programming. She and Mr. Miller have met with the First Baptist Church of Altamonte Springs which is within the city limits of Longwood. Tliey are proposing putting in two multipurpose f elds. She advised they have also been talking to Lyman High School which is where the .Summer Camp Program is located. She said our agreement for the use of~their facilities was running out the end of this year and they were looking to partnership. with Lyman High School as well. She advised she a11d Mr. Drago have discussed this and request direction from the Commission. Kenneth Kenars, Administrator of First Baptist Church of Altamonte Springs on North Street, passed out a handout and he gave a brief history of how he came about being here tonight. He said Ms. Meli and Mr. Miller spoke with the Pastor of the Church approximately a year ago regarding partnering to build sports fields to serve the Longwood Community. The Church has 6-acres of flat land that would be well utilized for sports fields. He said the long term plans of the Church were to build a new sanctuary and these fields would be temporary for the next 5-7 years. They do have additional 13-acres to the back of the property that is not cleared. He said the long term plan was to build. a sports complex on the property to serve the community and draw people to their property. He said they would like to build fields on their open area in the interim. He stated they would like to partner witlZ the City of Longwood on maintenance. They hope to be able to build the fields. through private fiuiding and grants. He said. these would be soccer fields and adult softball fields. Mayor Maingot questioned. the use of Bermuda grass. Mr: Kenars stated with soccer the roll of the ball being true was very important and this type of grass was the most conducive to that sport. He advised he was also the President of ACYS which is a Christian youth ~~ sports league. of 145 soccer teams. He stated they, were playing on that type of grass at two other facilities. He said the quote was from. Major CC 06-19-06/152 ~, League Sports Fields, a local organization that installs and maintains sports fields aszd considered experts iii the installation and maintenance of such fields. Discussion ensued. Ms. Meli advised there were no multi-~urhose fields in t11e City at this time. She said there was a need for more fields. She stated they ~~ould like to offer some sports cliiucs and eventually offer some leagues. She advised they did not wa~7t to compete with the leagues that are around. She reiterated there was a tremendous need for fields; and soccer and. lacrosse could take up field time for however many fields were available. She said the City would like to have a flag football program for the residents. Conu~iissioner Bundy said if v~re had something in mind to utilize the fields for then it would be good to partnersip. Mr. Miller said they discussed moving the City's softball to these fields, leaving the current fields to baseball. Also, lacrosse would utilize these fields. Mr. Kenars said they initially spoke in regards for practice fields and space for softball. Ms. Meli said t11ey would .like to find out if there was interest in these conversations to start and move forward. Deputy Mayor Anderson stated they were getting-hung up on details. He said there would be a concurrence to move forward with discussions. He said the Corrunission has discussed this previously. He said they City did not have land and the Church does. He said ,the concept to explore a partnership and look at what tl-ie benefits would be for the citizens and for the Church. He stated thin begins to look like a bargain if it gives us access. He said he liked the idc;a of building additional fields. He stated the more 'facilities we can provide over time, the healthier our City would be. He suggested getting an agreement on the high level concept, then work out the implementation with an eye on the end result for both parties. Mr. Miller said they originally discussed the 13-acres, but they came back to what could be done inunediately. Ms. 1Vleli said they often receive requests for field rentals. She stated she would prefer not to rent the fiE;lds, but have the fields used by a service we provide to our citizens.- She said her vision was. for the City of :Longwood ~ to have a full fledged Parks anal Recreation program. She advised,. because ~~ of the land situation, partnering was the sensible way to proceed. CC 06-19-06/153 Frank Castillo, Principal of Lyman High School, said their proposal was a little bigger.. He said when he took over he was given the challenge of changing the perception of Lyman in the community. The .second challenge was to bring Lyman Higli School to the community and the connnunity to Lyman High School, then thirdly to make it one of the flagship schools iii Central Florida. He reviewed their successes acid statistics. He said they have the oldest and smallest. pool in the County. Discussions have started ili regards to partnering on their pool area from redesigning anew pool to extending t11e pool they have. They have also discussed the athletic fields. Bill Co~el, Football Coach at Lyman High School, said he was excited to discuss some of the plans they have. He distributed a packet of information. He stated there have been some meetings with Ms. Meli and Mr. Capizzi as well as a meeting with the School Board regarding, this plan.. He said 35% of Longwood residents have children 18 years or younger and there was a need for facilities with fields. He said this was a win, win situation across the board. He advised they were eeking grants from the NFL. He said natural turf, BernZUda, was the best surface to play on, but the most difficult to keep. He said they were looking into a synthetic turf that plays exactly like grass, perhaps better than grass. He reviewed statistics in reduction of injuries when playing on tlus turf. He submitted to the communty to look at Field Turf that would provide a 10- 15 year field with no manual maintenance cost. He said the grant will be submitted in August. and it .i's a $200,000 matching grant. He advised they were looking fora $100,000 partnering that would go directly to the field. Commissioner Bundy suggested this be brought forward as a1z agenda item for a future meeting. Ms. Meli advised Lyman High School needed a letter of support to submit with the grant. It was the consensus of the. City Commission to supply the letter and move forward at the next meeting with the items framed out. C. City Clerk recommends the City Commission review a request by Commissioner Holt and Commissioner Bundy to attend the Annual Florida League of Cities Conference in Jacksonville and take action the Commission deems appropriate. Commissioner Bundy moved , to approve the attendance of . Commissioners Sackett, Holt, Bundy, and Mayor Maingot to attend the Florida League of Cities Conference and bring forward I a budget amendment. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. •___Jl CC 06-19-06/154 ~ 1~. Commissioner Bundy requests the City Commission discuss some issues concerning the anne:tafion of 131 Longwood Hills Road and take .action the Commission deems appropriate. Commissioner Bundy stated, in talking with Mr. Towers regardu1g completing the annexation. in July for the property located on Longwood Hills Road, Mr. Towers expressed he wanted to move forward. He said Mr. Towers had some concenns and would like the property annexed. He stated Mr. Towers would like to make swe the property has the right land- use designation and would like to have medium-density residential. Commissioner Bundy moved to extend the meeting. Seconded by Commissioner Holt and carried by a unalumous voice vote.. Michael Towers said his requE>st was to have a future land-use designation ordinance passed for tlxe property prior to the annexation; and to have uti-lifies brought to the property. He stated he put his request ui writing and had no response. Mr. Drago said the issue of the annexation is separate from Mr. Towers other issues. He stated in speaking with Mr. Towers, lie was aware of the procedures with first the annt~xation, then granting the land-use change, then going through both. the sate plan and building plain reviews; and then utilities are brought to the property. He stated he didn't want to bring the utilities prematurely and nothing happens. He said he would like to see site plans and building plans before expending the money for utilities. He said if nothing is done with the property, then the utilities just sit there. Mr. Drago said 'if Mr. Towers is willing to pay for the utilities and let the utilities remain inactive; then he's not opposed to doing it that way. He said normally it isn't done that way. Discussion was held regarding; the annexation and the utilities. Mr. Towers said with regarding to what Mr. Drago suggested, he had no problem and understands h.is concerns. He stated he would like the utilities brought to the property at the ~ippropriate time. Deputy Mayor Anderson stated he wanted an indication that if he moves forward they would receive a ~Nhole package. Mr. Towers stated his other alternative. is to withdraw his application for annexation and continue his buildvig permits with the County. Discussion was held regarding' the land-use designation. Mr. Drago said an ordinance ~Nas needed to annex the property. He stated they held a CAP'P meeting. CC 06-1Si-06/155 Mr. Towers said they had met with Longwood Green Homeowners Association and copies of the paperwork were on file in Connnnunity Services. He advised they l7ad a traffic .study done and they were less than 1.2%. He stated his request was for documented support for a future latld- use designation. Mr. Drago said he doesn't know how the city could legally grant aland- use change on a cowzty property without the property being located in the city. Mr. Towers stated they did some research and this can be done. Mr. Taylor. stated they could look into the matter and asked Mr. Towers for the information. Mayor Maingot requested the information be passed to the City Administrator and City Attorney for their review and see if they can accommodate the request. Deputy Mayor Anderson stated if an ordinance were drafted granting a land-use change and the effective date was predicated upon a future event, then it may work. Mr. Taylor stated the City would have to hold a public heaxing and go through. the formal requirements to add the property to the future land-use designation. He said the hearing for July 17t would have to be postponed. 1VIr. Drago said Mr. Towers could accomplish what he wants. more rapidly following the procedures he outlined earlier. He said any changes made to the future land-use map will take several months. He said aland-use change under 10-acres to a specific property will be presented to the Land Planning Agency, and then presented to the Con~m7isson at two meetings. He said if he stays on track, Mr. Towers will get it done quicker than what was said earlier:. He stated he doesn't have any more assurances than what was expressed. ~ • Mayor Maingot stated he would prefer that Mr. Towers follow what was outlined by the City Administrator. E. 'The Central Florida Society for Historical Preservation requests the City Commission approve repainting 1:4.1 West Church Avenue the same colors that are currently on the building and waive the •requirements of the City's Historic District Codebook relative to using the approved color palette. Mr. Dave Putz, Central Florida Soc-ety for Historic Preservation, stated ~' the current tenant was Pam Redditt and the store. in the building was the Enchanted Cottage. He demonstrated the color of the building and said CC 06-19-06/•156 ~ they would like to keep t:he building the same colors and change the accent colors. Mr. Taylor inquired if they had the authority to change the colors. Mr. Drago advised staff had made some reconuneiidations for changes to the Longwood Development Code (LDC) that will be reviewed in July. He said these amendments would provide for additional flexibility vi the Historic Code relative to window sizes and shapes. He suggested waiting until the LDC amendments ~ue:re approved and then bring forth the request. Mayor Maingot said it was never the intention to do away with an appeal process. Connnissioner Bundy stated when they discussed doing away with the Historic Preservation Board they said the City Commission wouad have the authority to make a ruling on an applicant's. behalf or the applicant could appeal to the City:Corrunission. Mr. Putz stated the tenant liked the current colors of the house and felt they identified her business. ~°' Mayor Maingot said they needed to give the authority to go ahead as -~ requested, or to table this until such time to amend the Code to accommodate the~request. Deputy Mayor Andersoix said :it did not need to be tabled, but have the applicant apply once the amendment is done. He said it was better to air on the side of caution. He statE:d this needed to be revisited with some form. of leeway. Commissioner Bundy stated tk~ese were the items that require specific variances and it was better doing it that way and being specific. Mayor Maingot stated it would be best to make the necessary amendments. Mr. Putz advised the contractor would like to start as the contract has been signed. He stated there was time to start later. The Commission recessed at 10:44 p.m. and reconvened at 10:50 p.m. F. -Fire Department recommends the City Commission read by title only, set July 17, 2006 as the Public Hearing date, and approve the first reading of Ordinance No. 06-1806 amending Section 2-423, Paragraph 4, Subsection A-F' of the City Code amending the ambulance transport fees. CC 06-19-06/157 Mr. Taylor read Ordina~ice No, 06-1806 by title only. ` u~ Deputy Mayor A~iderson moved to approve the first reading of Ordinance 06-1806 and set July 17, 2006 as the public hearing date. Seconded by Conunissioner Sackett and carried by a una;ninrous roll .call vote. G. City Administrator recommends the City Commission review the proposed personnel and equipment requests for the _ FY 2006/2007 City Budget and give the City Administrator the appropriate direction. Commissioner Sackett inquired if replacuig the sound system was a step toward televising of the .meetings. Mr. Drago stated neither the sound system. aior the .recording equipment was intended toward televising of meetings. He reviewed the equipment involved in replacement of the sound system. Conunissioner Bundy said it would take a nunimum ofthree cameras and abetter sound system to be able to televise meetings plus someone to operate the camera equipment. Discussion was held regarding televising.. of meetings. 1 Commissioner Holt said the replacement of audio recordings with digital equipment would provide for people to be able to go online and access the recording, of the meetings. Deputy Mayor Anderson said he could download a free piece of software and connect a cable to the computer for the audio recordings on the. webpage. He stated they should replace the sound system with ceiling mounted speakers and ,better projectors. He stated a normal conversational voice should be heard around the room. He said they should find a firm that was here and a resident technology person. Commissioner Bundy suggested Deputy Mayor Anderson, the City Administrator and City Clerk coordinate their efforts on the sound system. Conunissioner Holt recorrunended approving table linens for the C.ommwuty Building. It was the consensus of the City Commission to approve the purchase of table 1ineris for the Community Building. Commissioner Holt inquired about the software for the Cemetery. CC 06-19-06/158 ~ ~ Mr. Drago advised the $6,000 only provided for the cost of the license. It did not include the data input or traiiung. He stated he did not feel there : was justification for this level ~,~f expenditt>re with only a few cemetery lots sold per year. Discussion ensued regarduig tl>e budgeted items that were not reco>ninended. Conunissioner.Holt uiquired about the forklift replacement. ' Mr. Drago said they could get along with the one they have for another year and the riloney could go towards the park. He said it was determined the rubber tire loader'was more important to replace than the forklift. Discussion was held regarding improvements to the park. Discussion was held reg~erding the multi-mode fiber. Deputy Mayor Anderson inquired about the purchase of the Class 1 type ambulances. Mr. Drago advised the intent v~Tas to get rid of the two older ambulances replacing them with the two ne:w ambulances. Discussion ensued. Mr. Drago declared his intent was to keep the nzillage rate the same. Discussion was held regarding .charitable contributions. 12. CITY ATTORNEY'S REPORT. Mr. Taylor reported that Don Roper, Esquire, has requested to hold an Executive Session with regards to the Towers litigation. He suggested July 1.7111, begimling at 6::.15 p.m. would be good. It was the consensus of the Conunission by a unanimous voice vote to hold an Executive Session for the Towers litig;~tion on July 17, 2006 at 6:1,5 p.m. 13. CI'J<'Y CLE'RK'S REPORT. No report. CC 06-19~-06/159 14. ADJOURN: Mayor 1Vlaingot adjourned the ineetiiig at 11:39 p.m. John C.1V~t, lylayor Attest: Sarah M.1V~~rus, CMC City Clerk ,~ CC. 06-19-06/160