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CCMtg08-07-06MinLONGWOOD CITY COMMISSION ~~ Longwood City C'omr~iission Chambers . 175 West Warren Avenue Longwood, =Florida MINUT]E5 AUGUST , 200.6 7:U0 P.I.VI. Present: Mayor John C. Maingot ' Deputy Mayor Dan Anderson Commissioner Mike Ilolt Commissioner H.G. "Butch" Bundy, Jr. Commissioner Brian D. Sackett Richard S. Taylor, Jr., City Attorney John J. Drago, City Administr•~itor Sarah M. Mrus, City Clerk Tom Smith, Division Manager Hof Streets/Fleet Tom Jackson, Police Chief Pat Miller, Director of Community Services Laurie Mooney, Interim Fire Chief Ryan Spinella, Executive Assistant Paul Sizemore, Community Services Coordinator 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:03 p.m. 2. A moment of SILENT MEDIT.ATIO~N was followed by the PLEDGE OF ALLEGLANCE. 3. COMIVIUNITY ANNOUNCEMENTS.. The following announcements were made: A. Senior Matinee will be held on .August 16, 2006 from 1.1:00 a.m. until 1:.00 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is Failure to Launch. B. A Blue Grass Pickin' will lbe held on August 19, 2006 from 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. PROCLAMATIONS/RECOGNITIONS. A. Proclaiming the week of Augus~~t 20-26, 2006 as Longwood Firefighter Appreciation Week. Mayor Maingot read the Proclamation proclaiming the week of August 20 '~, through August 26, 2006 as Longwood Firefighter Appreciation Week. He commended the Longwood Firefighters for their efforts on behalf of the CC 08-07-Oc/203 Muscular Dystrophy Association. He presented Interim Chief Laurie Mooney with the Proclamation. Photographs were then taken. B. C. D. Mayor Maingot read a letter from the United States Fire Administration National Fire Academy recognizing Interim Chief Laurie Mooney as Executive. Fire Officer. Proclaiming the City of Longwood General Election- November 7, 20Q6. Mayor Maingot react a Proclamation proclaiming. the City of Longwood General Election to be held November 7, 2006 from 7:00 a.m. to 7:00 p.m. He announced registered voters of Longwood will vote at the precinct indicated on their voter's identification cards. Early voting for the November 7, 2006 General Election will begin Monday, October 23, 2006 through Sunday, November 5, 2006.. Early voting will be available during the hours of 10:00 a.m. to 6:00 p.m. Monday through Friday; on Saturdays 8:00 a.m. to 12:00 p.m., and on Sundays 12:00 p.m. to 4:00 p.m. Early voting will be conducted at the Central Branch Library, 215 North Oxford Road, Casselberry, Northwest Branch Library, 5.80 Greenway Boulevard, Lake Mary, East Branch Library, 310 Division Street, Oviedo, West Branch Library, 245 North Hunt Club Boulevard, Longwood, and Seminole County Supervisor of Elections Office, 1500 East Airport Boulevard, Sanford. District #2 Nomination of the Business Person of the Month Award for August 2006. Deputy Mayor Anderson nominated Dan Nantas, Owner/President of Milcarsky's Appliance Centre', 461 East State Road 434, for the Business Person. of the Month Award for August_2006. Nomination carried by a unanimous voice vote. Nominations- Annual Key to the City Award. Commissioner Holt nominated Donna Bundy, 72.1 Eagle Avenue, for the Annual Key to the City Award. Mayor Maingot nominated Ray and Jean McWilliams, 122 Temple Drive, for the Annual Key to the City Award. Nominations carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. District #3 Nomination to the Board of Adjustment. ~I CC 08-07-06/204 Commissioner Holt nominai:ed Anthony-Boni, 1003 Foggy Brook Place, to the Board of Adjustment. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Presentations. Traffic Safety an~3 Education Forum (Driver Education and Committee Findings.) by Robin Butler from the Seminole County Traffic Engineering Department. Robin Butler, Seminole County Traffic Engineering Department, introduced Dede Schaffner, Seminole County School Board. She stated in 2003 there were 24 fatalities. on the roadways iri Seminole County,, and in 2004, there were 64 fatalities on the roadways. She said the 15-24 age groups for Seminole County ratio of involvement in fatal crashes was 2.4. She reviewed statistics and stated the teenage driver population makes up 7% of our population, but they are 20% of all drivers involved in crashes. Teenage drivers received the citation in incidents 81 % of the time. She reviewed the root causes of fatalities. She said automobile crashes were the leading cause of death far 15 - 20 year olds. She stated Seminole County currently has a Driver Education Program that is only offered during the summer due. to space limitations. The capacity of this program during the summer is 1,100 students and there were. 5,000 fifteen (15) year olds enrolled in Seminole County Schools. She• advised there was no on- the-road experience or training offered in the Seminole County Public Schools Education Program,. She said the program consisted of classroom instruction, range, and simulation during a twelve (12) day session for five (5) hours a day. She advised they •were proposing a pilot program for Seminole County Public Schools offering`a more extensive program to include more classroom hours, more time on the range, more simulation and include road driving experience. Due to limited space, and in order to offer the program to more students, it will be offered after school from 3:00 p.m. to 5:00 p.m. on an alternate schedule of Monday and. Wednesday afternoons and Tuesd,~:y and Thursday afternoons. She said the cost per school would be approximately $220,000 with over $100,000 of this figure being an .expenditure every fifth year. She reviewed the _ breakdown of the expenditures. She said to do this pilot program at two schools would cost approximately $450,000. She affirmed that MetroPlan Orlando has currently authoxzed ~~86,000 to-the program for the purchase of simulators and the text books. She said Seminole County Schools would manage the program, provide the facility and staff. She stated the driver's license of the partic:ipatin,~ students would be captured and they would continue to monitor the driving record and crash rates of these students. She advised that all municipalities and the .Sheriff s office would be a partner •in the development oil the curriculum and the driver education training. She reviewed funding opportunities. She said there was an existing Dori Slosberg fund;. they currently receive $3.00 per citation and ~ it would be increased to $5.00 per citation. She:reviewed survey results of a survey sent to 575 parents of fifteen (15) year olds at Winter Springs CC 08'-07-0(~/205 High. School. She declared driver education and the lack thereof was something we all faced everyday. She stated we all needed to work ~J together and the City's support was vital to the success of this program. Discussion ensued. Commissioner Bundy inquired what they were looking for from the City. Dede Schaffner stated they were looking for partnerships from the municipalities and the County Commission. She said this was a community issue, not just a School Board .issue. She advised the State took away the funding for Driver's Education approximately eight (8) years ago and they 'need to come up with funding from various sources. Ms. Butler stated the more education we offer student drivers the better we improve the roadways for all citizens of Seminole County. She encouraged the Commission to be a partner in this program. Discussion was held regarding the cost and support of the program. Commissioner Sackett inquired if the student could be charged a fee since this will be an after school program. Ms. Schaffiier said they would not be able to charge if they offer the program for credit. She stated charging for the program would eliminate ~ the children on free or reduced lunches because they would not be able to afford the program. She declared this was something that every student needed to participate in. B. Public Participation. Michael Towers, 754 Fleet Financial Court, said he submitted a paper to the Commissioners he would like to discuss regarding the annexation to take place at the next meeting. He said if there were. any questions or discussions, he would wait for the Commission Reports. He stated he had nothing new to add. Warren Brown, 1'00 Canada Avenue, said he was: President of the Longwood Babe Ruth Baseball. He gave an update on the paste year and reported the eighteen (18) year old group won the state championship, the. fourteen (14) year old group placed second in the state, and the rookie team, for the first time, went tb the state championships. Mr. Brown said he was here to request assistance. When originally making a proposal to Mr. Drago, they stated they would not need any assistance. He said they have grown so much that they do not have adequate practice facilities.. He said C-3 field had safety considerations. He stated the field was rebuilt, but the. costs increased drastically by the time they started the project. He stated they were also building'two practice fields behind C-3 and they CC 08-07-06/206 added a skinned clay field to one of these because of the girls' softball ~ program. He stated they would ov~~e the City $-100 per team for 45-49 teams. He said if the City would concede those funds back to the league on a one time basis for this fall it would help cover the outstanding balance on the project. He adVi ed. they were investing $32,000 to $33,000 into the fields at this time. Deputy Mayor Anderson inquired if these improvements would stay with the renovations to the park. Mr. Drago said some impro~Tements would stay; some may not. He stated some of the fields could be reoriented and reworked. He advised the Master Plan would have to be reviewed and he could not definitively state the practice fields would stay in their current location. Deputy Mayor Anderson suggested checking to; identify which parts of these improvements would make it through the transition and the City takes care of those improvements :now. Jo Anne Rebello, 301 Loch Lomond Avenue; said the inauguration of Longwood Heroes' Memorial tool: place last year on Saturday, September 10th'. She said the idea began with the thought of Longwood's children honoring the Heroes of September 11th; the civilians, police, fire, and those in the armed services based ,~.t the Pentagon. She said during the ntunerous discussions about this project, the idea was expanded to include all heroes, past, present, and future, of America's end ring s ,irit of freedom. She stated Memorial Day, formally called Day, was a National Holiday. A day o:F remembrance for those who died in our Nation's service and associated with those in the military during times of war. Memorial Day is officially M:ay 30th, but was changed to the last Monday i`n May to provide for a three (3) day weekend and its conception was in 1868. Veterans Day, :formally called Armistice Day, also a National Holiday officially commemorated the anniversary of the signing of the Armistice that formally ended World War I. It was expanded in 1954 to include all veterans of all w~crs at `which time the name was changed. She stated its observance is for those living who have served during war time or peace time and is partiall~T to compliment Memorial Day which is ' primarily honors those who have died. As stated, our Heroes' Day was first commemorated last year on September 1.0, 2005, the second Saturday in September. She stated it was her tuZderstanding that this day was .to honor the heroes of the past, the present,. and the firture, not only those who died tragically on September 11, 2001. It was not only for the . military in peace time or in guar, living or dead, brit forpolice and fire personnel, local and distant, past, present, and future. It is also to commemorate the citizens o:F America. She stated our Heroes' Day was unique in that its honor encompas:;es all those previously stated. She said ~ it was unique to Longwood, not national, and it deserves a day that would enable the greatest participation in its observance. She suggested the~2na CC 08-07-06/207 Saturday in September. She said having it only on September 11th-not only shortchanges the heroes of the past, but it also shortchanges those of the present and the firture. She declared having it on a date and a time that would diminish the participation in the observance of this special day also shortchanges the citizens of Longwood. She requested this year's observance be on Saturday, September 9th and that a Resolution be passed that would state future observances shall be the second Saturday in September. Jud~Putz, 280 West Warren Avenue, also spoke about the Heroes' Memorial Service. She said she was not at the last Commission Meeting, but she did listen to the tapes. She stated she was very disappointed in the choice of day and time for this .service because it conflicts with the annual pot luck supper for the Historic Society which is held the second .Monday in September. She declared this was probably the most important meeting they have every year. She stated she would miss the Memorial Service if it is held when. scheduled and three of the Commissioners who are members of the Historic Society will miss the pot luck dinner. She expressed concern regarding the time and location of the Heroes' .Memorial Service. She agreed this event should be held on a Saturday and concurred they should name a Saturday and have it the .same day each year.. She stated she supported the building of this Monument, but with the building of the Monument comes: the responsibility of continuing to recognize the sacrifices of those it represents. 7. CITY ADMINISTRATOR'S REPORT. Mr. Drago recognized Chief Jackson to report on several items. Chief Jackson had developed an itinerary for the Heroes' Memorial Service and requested input from the Commission. He stated the consensus he had was it was not to be as big as the original service. He said the event will start with theme music provided by Lyman High School .Band and the ceremony will be called to order by the Mayor. There will be a presentation of colors by a color guard comprised of the Longwood. Police Department .and Longwood Fire Department. The National Anthem will be sung by the Lyman.High .School Choir. An invocation will be given by a reverend of the Commission's choice. There will be a presentation and dedication by the Mayor and depending on the time, if starting at 7:00 p.m., some portion of this event will become a candlelight vigil with a closing song of America the Beautiful by Lyman High School. Choir and closing comments by the Mayor or one of the Commissioners. He said there were some other accent pieces they were going to try to insert depending on whether it is daylight or not. Mayor Maingot inquired as to the overall time frame for the event. Chief Jackson stated they had targeted approximately 35 minutes for the event. ~ He advised the initial event was one hour. CC 08-07-06/208 ~ Mayor Maingot said he saw an absence o:Ethe. VFW. Chief Jackson stated there was. an absence of a lot of outside influence. He .said he had the understanding from the Comrrtission this event was to be smaller in scale. He stated there was not a real strong; support from the VFW last year. He said there was no participation from the military because most are deployed. He advised they hope to extend courtesies to local politicians and dignitaries throughout the County. Mayor Maingot inquired what day and time he had specified. Chief Jackson stated they indicated September 11~' and opened the window between 6:00 p.m. and 7:00 p.m. as a starting point. He suggested, if staying with this time, 6:30 - 7:00 p:m. would be better due to traffic and it would lend to the candlelight vigil and other closing, events. Mayor IVlaingot said the scheduled time made it difficult for people to attend and he supported scheduling the event for the second Saturday. Commissioner Sackett said he took a survey of approximately 75 - 100 people and they have indicated being able to attend more so on a.Saturday than on Monday. He stated he liked the Chief's idea of the candlelight vigil. He suggested this year to hold it on Saturday as th.e f fth year anniversary, the Memorial tivill be complete and people will be able to see it. He stated return next year to the candlelight vigil idea on September 1 lth. Commissioner Sackett move;d to return for this year only to September 11th Memorial observance to be head the Saturday prior, on September Stn as a morning, celebration of 1:hat wonderful Monument. Seconded by Deputy Mayor Anderson. 1VIr. Drago inquired as to the time. Commissioner Sackett stated 9:00 a.m., but he liked the idea of the candlelight vigil. ' Commissioner Holt inquired if the Commission was saying this would be an annual event. Mayor Maingot said they would be rems:~ if not having this as an annual event, even if it is a scaled down event. He stated this Monument was also an enhancement to the gateway of the llistor:ic District. Commissioner Holt said there was Memo,°ial Day and Veteran's Day and there were different times of the year we celebrate this country. He suggested.. if they ~, were going to recognize everything, the. Commission dedicate a time and place to CC' 08-07-06/209 one event for the year making it all conclusive. He declared September 1 lth can only be September l lth Deputy Mayor Anderson suggested making an agenda item to discuss this in the future. For tonight, the question was what day and time to schedule the event. Commissioner Bundy said Heroes' Day was a proclamation set up by the class declaring in the City of Longwood September 1 lth as Heroes' Day. He said if deciding to do anything on an annual basis, it needed to be on September 11th. He stated he would rather see it done in the evening and he was against moving it to Saturday. Mayor Main~ot reiterated the motion was for the event to be held on Saturday, September 9 , tune to be determined. Motion carried by a four/one roll call vote with Commissioner Bundy voting nay. It was the consensus of the Commission to request Reverend Knox give the invocation. Chief Jackson said he spoke to Commissioner Sackett who had some citizens approach him with concerns regarding some graffiti going on in the City. He met a day later with Commissioner Holt who also had citizens express concern about the number " 2's" being painted on signs and. billboards. A resident with Commissioner Holt provided a short list of names that was turned over to the Investigations Division. He advised they were able to turn the list into a list of eighteen (18j persons of interest that were affiliated with a group known as the Woodland Crew. He said the investigators developed a packet that was passed on to the patrol commander who briefed all shifts. He advised five. days later during the early morning hours and going with the leads developed; Officer Gelm stopped a suspect vehicle and obtained a confession. He stated the shift responsible for making the arrest of these individuals was present. He declared he took pride in the Department and he enjoyed the times when the Commission compliments him to pass onto the troops;. but this event was.so fresh in their minds and spread throughout the County. He wanted to present to the Commission the Officers responsible for apprehending these individuals. He recognized each officer by name. It was the concurrence of the Commission to present a Certificate of Appreciation to these individuals at the next meeting. Mr. Drago said there was a Special Meeting scheduled on August 28th for' assessments. He stated they have been working on the Barrington landscaping theme and he suggested. they also invite. the Barrington residents to review the proposals and the costs in order to settle on a landscape theme for the assessment. He stated they would adjourn the Special Meeting then discuss the proposals with ~ the residents. CC 08-07-06/21.0 It was the consensus of the Commission to invite the Barrington residents ~ following the Special Meeting of August ? 8tt'. 8. 1VIAYOR AND COMMISSIONERS' RI~PORT. District #1. Mayor Maingot thanked Conunissioner Holt for his assistance. and for coming to his rescue Friday morning v~hen he .suffered from heat exhaustion. He asked Interim Chief Mooney to thank Longwood EMS and members of the Rescue Team. He thanked his colleagues and everyone for checking on him.. Mayor Maingot said the Commissioners would be traveling to Jacksonville to participate in the Florida League of Cities, Annual meeting. He stated he planned to leave Wednesday evening so he v~ould be there for the Mayor's meeting ghat starts Thursday morning at 8:30 a.m. He reported the hotel cost for Wednesday night was $132 and requested concurrence;: from the Commission. It was the concurrence of the City Commission to approve the additional expense for Mayor Maingot to leave. Wednesday e~~ening. Mayor Maingot reported he attended the Central Florida Council of Mayors meeting on Thursday, July 20th. He supplied the packet of information to the City Administrator and City Clerk. He said this covers what is predicted to happen through 2050. He stated the projected population for the seven (7) counties in Central Florida for 2050 is estimated at 7.218 million. They reported water to be the biggest challenge. He stated Ms. Chapin has agreed to make this presentation to the City Commission. He reported the new Chair for Envision Seminole was Mayor John Bush. District #2. No .report. District #3. Commissioner Holt said Officer Stewartson had requested two names from each Commissioner for the. C:ERT program and he .reminded each Commissioner to submit these names. He attended the Seminole Colmty Community Alliance Board meeting; and they elected Sally McGinnis as the Vice Chair and Commissioner Wolfram was the Chair. He said he requested statistics from the Seminole County Sheriff's Department regarding protecting. children. He passed out a map showing child abuse by zip codes. He said they needed to continue support and be proactive in: helping to reduce these numbers. Commissioner Holt said he had been contacted by various towing agencies regarding the Towing Ordinance. He suggested this Ordinance be revisited. He stated the Ordinance requires all towing companies to have a City of Longwood Occupational License. He requested a copy of-how Occupational Licenses are issued for the City. i District #4. Commissioner Bundy suggested making a formal request to the City 1 Administrator in regards to Babe Ru:th's request to see what comparison's the ~ City will be doing with regards to the Master Plan, and perhaps reimburse them for work that would be done during these :renovations. CC 08-07-06/211 Commissioner Buridy asked the City Administrator how he would recommend proceeding with regards to the Longwood Hills project. Mr. Drago said the first issue was free water and sewer. He stated that was a policy issue by the Commission. He said the land-use was a foregoing conclusion because it has been before the LPA and they recommended approval. He stated when the item comes before the Commission. at the next meeting they could have some discussions relative to the approval. He said the other item is the annexation. Commissioner Bundy said. he was glancing through it for bringing in utilities .and requiring a City permit for the site work currently permitted through Seminole County. Mr. Drago said the work needed to be under one government's jurisdiction. He said due to the timing, the annexation and the land use is going quicker than normal and was ahead of schedule. He suggested it all needed to be developed under Longwood's Code. Mr. Taylor said, from a legal standpoint, all the permitting, should be according to the Longwood Code. He said with what was being proposed, it could cause a conflict with Mr. Towers' proposed development since the adjoining property may be medium density. He said the lot size may box him in as far as what can be built there and they may not want to do that. He advised that all issues concerning this particular property would be properly discussed at the time of the agenda. ~/ item. Mr. Drago pointed out that the land-use designation contemplates something to be developed there over and above single family. He stated until a formal engineer site plan is presented. to the City, he would not comment on how many buildings could be placed or what the drainage should be. district #5. Commissioner Sackett thanleed the Parks and Recreation Department for a successful National Night Out.. He inquired if there was a consensus regarding Babe Ruth. Commissioner Bundy did request the Mayor to call for a consensus regarding Babe Ruth renovation comparisons. It was the consensus of the City Commission the City Administrator move .forward to address the concerns regarding Babe Ruth. Commissioner Sackett stated teachers were now required by state law to report any type of child abuse.and they can be fined if it is not reported. He requested the Longwood Lyman pool be placed on a future agenda. He reported he met with Lyman High School with Ms. Meli and reviewed their choices. CC .08-07-06/212. 9. CONSENT AGENDA. A. Approve Minutes of the June 26 and June 29, 2006 Woodland's Presentation, July 10, 2006 Work Session, and July 17, 2006 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved. and estimated bills for August 2006. C. The Police Department rer.omm~ends .the City Commission approve a Change Order to increase :Purchase Order #01..1373 to Sprint by the amount of $1.1,000.00 and authorize the City Administrator to sign the purchase order. D. The Police Department recommends the City Commission approve the purchase of eight (8) digital video recording. systems from Digital Ally, in the amount of $3.1,200.01) and authorize the City Administrator to sign the purchase order. E. 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. F. Personnel Division of the Financial Services Department recommends the City Commission approve the donation of accumulated vacation leave hours to Alisa Peterman from various city employees. Commissioner Bundy moved to approve the Consent Agenda. Seconded by Commissioner Sackett.. and 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 No. 06-1800 to amend (LDCA 03-06) the Longwood Development Code. Mr. Taylor announced having proof of publication for this and all public hearings listed on the agenda. He then read Ordinance No. 06-1800 by title only. Commissioner Bundy left the meeting at 9:.09 p.m. and returned at 9:10 p.m. Mayor Maingot opened the public hearing. The following people spoke in favor of the Ordinance: CC 08-07-06/213 Jeff Coutant, 908 Parson Brown Way, said he was here for clarification. He stated he had property in the City and they were going to put a fence in the back; and when calling for a permit he was told he should wait until next week. He inquired if they would be able to put up a chain Iink fence and stated his property runs parallel with the railroad. tracks. He stated the Ordinance references backing up to a residence or whether there is public view and he somewhat had both. He stated he is fending off transients. Mr. Sizemore advised this property land-use was designated Industrial. Mr. Drago stated the property could be seen from the railroad tracks and across the railroad tracks was residential. Mr. Sizemore stated his property backed up to the railroad and was separated from residential property by the railroad tracks. Mr. Coutant stated further down the- property was across from Babe Ruth. 1VIr. Drago said when the Commission looks at the language relative to his property they could agree that it basically meets the intent with the railroad tracks dividing. it substantially. Mayor Maingot inquired if based upon what has been stated and the information in the document, could they say a chain link fence would be permitted in that situation. Mr. Sizemore stated, administratively, that interpretation could be made. He said if the Commission wanted to clarify the language; it could be done easily by stating, "The chain link is allowed only in the rear yard of industrial property when chain link will directly abut another industrial/ commercial property or the railroad right-of-way." Commissioner Holt said he would not be in favor of adding this language because all properties are different. Deputy Mayor Anderson said he did not think language needed to be added to complicate it. Mr. Drago stated he probably meets. the intent of the Ordinance with his property meeting the railroad as the buffer. Commissioner Bundy .said he drives this area every day and he preferred not to look at a chain link fence. He stated a tremendous job has been done to clean up the railroad right-of--way in this area. Commissioner Holt submitted a letter from Commercial Air Conditioning, Inc. and Electric in favor ofthe Ordinance. ~ CC 08-07-06/21.4 The following people spoke in opposition to the Ordinance: J~ Michael Towers, 754 Fleet F'inanc ial Court, spoke to one portion of the Code relative to subdivision fences and walls. Ike stated currently the language restricts the wall only to be brick or stone. It does not lend for any alternatives such as stucco. I=I€: said i't does mention masonry, but was a little ambiguous in that regard, o:r a combination of stone and stucco. He said there were other pre-manufactured walls being.considered by staff that takes both of those into accowit. He said he would hope the Commission might look at adding the. language. He stated they were looking now at putting up walls around subdivisions. along Longwood Hills Road which are basically block and metal .grate with some .landscaping and could be very aftr,~ctive for separation walls for subdivisions. Commissioner Holt moved to close the public hearing. Seconded by Commissioner Sackett and carried by a unanimous voice vote. Commissioner .Sackett moved to read by title only and adopt Ordinance No. 06-1800 that amends the Longwood Development Code presented as Commission Agenda PubliaHearing Item 10 A. Seconded by Deputy Mayor Anderson. Deputy Mayor Anderson said he was pleased to see most of the Commission's concerns were very well dealt with. He stated he had an issue with lot sizes and how'they were proposing no lot in the City ~~ould ever be smaller than the average oi' any other lot in the City. He said the Mayor was very excited tonight about what he heard from myreagion.org in talking about where we will put the additional 4 million people moving into Central Florida. He stated. if we continue to use the same development pattern, every square inch of all. seven (7) counties will be paved and. there will be no open space left. He said the language stating no lot in the City will be smaller than the average of what is currently here says that Longwood will not consider any alternatives. He said it is difficult to introduce a different lot size correctly and they did have a difficult time with the last project; and how this :Fits into an existing neighborhood. He declared this language gives no room to try. He stated it does not allow for the possibility for property a~~quisi~.ion, aecitmulation and replatting into something new. Mr. Taylor suggested from a procedural standpoint, to take one item and all comments on that. item. Section 1: Mr. Miller advised he and Mr. Sizemore researched this with the architects ~. and this defines every side. CC 08-07-0612,15 Section 2: No comments. Section 3: ~ Commissioner Sackett said he echoed Deputy Mayor Anderson's prior comments. He said the City's land-use plan will not fit future growth. Commissioner Bondy said they did have a means to address lot sizes by designating infill status. Mr. Taylor said Commissioner Bundy's point. was well taken, but he did not want to have. unintended consequences. He said if you make developments that were not. going to be an infill, there. would be a consequence not intended and he referenced Wildmere. He said this would conflict, as worded, with what Mr. Towers' is going to build. Deputy Mayor Anderson said this language did not do justice because there were a lot of unintended things. He said they have not taken the time to address all of the. different permutations of this problem and there were many. He said that was the critical piece. He said infill status guarantees more density that what was proposed. He declared they needed to spend more time. He suggested passing this now or leaving it as it currently is and. coming back to it. He said they needed to spend time to do it right. Mr. Sizemore said the language as it exists in the Development. Code, without any amendments, has worked since 2002 when the Code was adopted. He said it has resulted in a few tough decisions Tike Wildmere West Subdivision. He said if the Commission decides to remove this section, the language could continue to function. Likewise, the language e as written in the section could function in the interim. Mr. Miller stated the Commission had a consensus that the 70% and 150% were the two factors that seemed to be skewing the average and staff was requested to look into the matter. Mr. Taylor agreed this has worked and he suggested using this for infill. Commissioner Bttndy stated this language would provide .amore workable number for a situation like Wildmere. He said,. whatever they allow, they need to make sure it is compatible with what is already here. He suggested referring to the infill status possibility would give the flexibility for smaller lot sizes. Mr. Drago inquired if (a) and (b) was to stay with the proposed language, would it come out to be what it presently is. Mr. Sizemore advised that was how they initially had it in the last ~,l - amendment and the Commission requested it be removed. He said this CC 08-07-06/216 speaks to the individual lots within that new subdivision and you could ~ have lots down to 70% of the lot size as long, as there were larger lots to balance the average. He stated the way the language was, there would be no minimum to the lot size, as long; as it was balanced with appropriately sized. lots for the average to meet the average. Mr. Taylor inquired if a new platted subdivision would be stuck with the average of any subdivision tl at surrounds it. Mr. Sizemore responded in the affirmative. Deputy Mayor Anderson reiterated. the. recommended change to this language was complex and it would. take serious time and thought to address. He declared the proposed Language had more unintended consequences than the. current language. He stated the resolution to this language needs to take place at another time. Commissioner Sackett. suggested leaving the language as it is and go in depth more specific on this with how to resolve it. Mr. Drago reiterated that leaving (.~) and (b) on pages 4 and 5 would accomplish having what the preser~tly have. Commissioner Bundy stated leavirxg this in would give less flexibility. Mr. Taylor advised Commissioner Bundy was correct, there could be one. lot that was smaller, but the average would come out. He stated with the other, if 70%, the math would come out to have a higher density in the new development. Commi signer Sackett suggested leaving it as it is with (a) and (b) still standing there then visit it lacer. Mr. Sizemore asked if he would propose also to eliminate, the addition. The addition changes the meaning of everything. Commissioner Sackett responded i.n the affirmative and said then to examine more in depth. Commissioner Holt inquired if an~~ change would be an amendment to the motion. Mr. Taylor responded in the affirmative and stated each amendment should be taken individually. He inquired if tabling it would. table the total vote on Item 10 A. CC 08-07-06/2.17 Mr. Taylor advised they could table the entire Ordinance, or they could vote to make amendments to individual sections. Deputy Mayor Anderson suggested accepting the proposed language from staff, knowing it has unintended consequences. He said he would be willing to work with staff to come up with something different to bring back to the Commission. Discussion ensued. It was the concurrence of the Commission to move forward. Commissioner Holt moved to extend the meeting. Seconded by Commissioner Sackett and carried by a unanimous' voice vote. Section 4: Deputy Mayor Anderson referenced 3.2,3 A. Purpose, and stated it was the intent to apply all of the design standards to non-residential property. He said not all of the design standards were good for all properties in the City. He stated when it was limited to the corridor properties the more restrictive made sense. He declared this had unintended consequences as well. He said there were properties in the industrial centers that would be built differently than elsewhere. He stated fencing was different in industrial areas and they had different. building materials. Commissioner Bundy agreed the design standards- should not apply to all property not abutting the corridors. Mr. Sizemore explained the reason "non-residential properties" was placed in the language was because, in addition to the corridors listed, it states in the current Code that these standards apply to GC, PI, and 1ND properties. He said the standards already include all. non-residential properties and if changing it back, the intent would not change. He pointed out if the intent was for it to only apply. to corridor properties, then they would need to delete the non-residential property statement and also put back in the corridors and strike. through GC, PI, and IND. Mr. Miller stated what he was hearing was concern on deep industrial property. He said the confusion on this section came. up with the "and" and what preceding staff interpreted. He stated their interpretation was for non-residential. He .said there appears to be concern on how to handle. industrial properties. Mayor Maingot said the focus was on the corridors. Mr. Miller stated there would be an issue on how to apply the design ~ standards to industrial for non-metal surfaces, etc. CC 08-07-06/2.18 Mr. Sizemore stated there were currently no separate design standards apart from that being. presented. He said if that was the intent, then those ~ would need to be developed <~nd irrtplemented. Deputy Mayor Anderson stated the original intent was not. to apply the same stringent standards to a l properties to be added to the corridors. He said he could not.see holding every industrial area to the color ordinance, nor requiring them all to have the decorative lighting. He referred to the building across from the Posi; Office and said he would encourage that, but it was a different use than perhaps another industrial area. The Commission recessed at 10:07 p.m. and reconvened at 10:17 p.m. Mayor Maingot requested the City Administrator to clarify a number of points on this paragraph as to the rationale. Mr. Drago stated given. the context: of the discussion relative to waiving or deleting the standards for industrial or segregating the standards, in essence, they would be creating zoning again.. He said when the ' Development Code was created;. they talked about industrial properties for two reasons; 1) the overall appearance of the current industrial park, to improve it over time; and 2) adult entertainment. He stated it was said one way to discourage adult entertainment was to make them spend money on the buildings. Henceforth, if disallowing the standards; then he would ~ assume it would be more entertaining for them to come in. He said everyone was treated equally in the Industrial Park; they did. not segregate one over the other. Commissioner Bundy said he did not want to go back to zoning, but he did not want to see as stringent. of standards on non-corridor property. He said they had different design standard; for the Historic District. Mr. Drago said the depth of corridor properties in Longwood was not that deep. He said there were sortie exceptions. He stated when the Commission discussed this previously they understood that the depth of the commercial property was not that deep and at that time they felt the design standards would be apropo.~ for everybody. Mr. Taylor stated he could work with staff on this issue to draft something to protect the corridor, but a low n.ot requiring the strict standards in other areas. Mayor Maingot inquired how to prevent undesirable activity in such areas. IVIr. Taylor stated the purpose of requiring adult entertainment in the industrial areas was to keep them off the main corridor and it would make it more difficult to get. customers. CC 08~-07-OE~/219 Discussion ensued. Deputy Mayor Anderson said this was not. rescinding design standards,. but ' `~ choosing which ones may not apply. He said they could move along with this since it did not change the status quo of today. He stated' it was one issue they needed to look into.. Commissioner Holt said all they did was• to strike the defined areas and put in non-residential as requested and now they were. asking them to do something different than they previously intended. Mayor Maingot said they were not asking to throw it out completely, but address modifications for properties away from the gateways to the City. Commissioner Holt inquired what staff was obtaining from the discussions. Mr. Miller advised he was hearing to go along with that proposed for all non-residential properties, but in less than six (6) months to come back through the Administrator with some proposals for corridor versus non- corridor properties. ' Mayor Maingot requested this be accomplished within three (3) months. 1 Section 5: Mr. 1V1iller advised this was the area the Commission requested to have the ability for the Administrator to review and if not to the .satisfaction to then come to the Board. Mr. Taylor pointed out the appeal was not included in the roof surfaces. Commissioner Bundy suggested moving the sentence for the appeal to the end to tie it all together. Commissioner Bundy moved to amend. by moving the sentence "If the exception is not granted, the applicant may appeal the decision to the City Commission for approval or denial. " to the end of Section 5. Seconded by Commissioner Sackett and carried. by a unanimous roll call vote. Section 6: Mr. Taylor said there was no room for exceptions and inquired if there would be potential unintended consequences. He referred to the Hattaway building as an example. Commissioner Sackett inquired if they should use the same language for an appeal process or if it was understood. CC 08-07-06/220 Commissioner Bundy stated there heeded to be some flexibility to grant ~ certain exceptions to the Code, but he did not know if it was.necessary to place this in every section or perhaps place it at the end. Mr. Drago said they were going to make some further amendments. He said if it was site development criteria it is required to go through a variance process. He stated anything that was non-site design or engineered, such as colors or stucco, they can come before the Commission. Mr. Miller concurred, the last page of the item states they were going to suggest waiver language. He inquired if they could come back within the periodprovided for the other language for the waiver type language. Mr. Taylor inquired if he was. referring to when passing this Ordinance, or at a later date with another Ordinance. Mr. Miller stated later with another Ordinance. Mr. Taylor advised this Ordinance was not ready to be passed if adding something as substantive. Discussion ensued. Commissioner Bundy stated as long as staff comes back within an expedited amount of time, the items being postponed would not create a hardship. Mr. Miller inquired if the consensus was to go with what they have and come back with the language: to be able to deal with exceptions or special cases and provide the flexibility. Mayor Maingot responded in the affirmative. Section 7: No comments. Section 8: Mayor IVlaingot inquired if the only change was changing the window sign limit from 25% to 50%. Mr. Miller responded in the affirmative. Section 9: Mr. Miller reviewed the amended aanguage. Mr. Taylor referred'to the last sentence and stated he wasn't sure the interior surface could be legally er.~.forced. CC 08-07-0.6!22.1 Commissioner Bundy stated with this language they have eliminated stone, simulated stone, or artificial stone. He said he didn't know if they should state interior or exterior. Mr. Taylor stated the distinction was something the public could see versus what they could not see. Discussion was held regarding brick veneer. Mr. Drago advised the Code, was not intended to engineer the wall. It was just to state the appearance. Mayor Maingot stated the alternative comparable material gave flexibility. Mr. Drago pointed out a new development would go through the CAPP program and if the residents didn't like what they saw; they would make it known. Discussion ensued. Commissioner Holt said he wanted to see "no strike brick" inserted in the language. He stated he did not want to see stliceo on the residential side of a commercial or industrial development. Discussion was held regarding. stucco and engineered. panels. ~ Mr. Miller said he understood the concern to be a maintenance issue. Discussion was held regarding the interior of the wall. Deputy Mayor Anderson suggested placing language that would state "due to long term maintenance considerations, stucco is not allowed." Commissioner Holt moved that Section 9, Longwood Development Code Section 3.2.3 D 13 be amended to read as follows: "When a proposed commercial or industrial development is adjacent to a parcel designated for residential use, an eight (8) foot brick wall shall be erected along the property lines where the two land uses meet. " Motion died for lack of a second. Commissioner Bundy stated the motion did not allow for alternatives that were not. stucco. He said if the intent was to eliminate stucco to just add the words "no stucco". Commissioner Sackett moved to amend the language to read: "When a proposed commercial or industrial development is adjacent to a parcel designated for residential use, an' eight (8) ~ foot wall shall be erected along all property lines where the two CC 08-07-06/222 land uses meet. The ~~all shall be brick, brick veneer, or alternative material that duplicates the appearance of brick exclusive of stucco. °' Seconded by Commissioner Holt and carried by a unanimous roll call vote. .Section 10: Commissioner Sackett stated in 14. 1 the word "must" seemed to be strong. He suggested using "should" or "could". He stated those styles seem to be too demanding. Mr. Taylor said he could tul~lerstand this in the Historic District, but this was stating the entire City was going to be established as a Historic District. He stated people were being told they could not develop any modern architecture. He stated he had an office on Dog Track Road and he also has an interest in a development on 14th Street and will disclose that publicly when it comes before the Commission for consideration. He stated he did not think, on 1'1/92 or throughout the City, telling someone they had to build in pre 1.92-`i architecture was legal. Commissioner Holt pointed out it was providing for three different choices. IVIr. Drago suggested inserting the word "or" in (2) between "stucco" and "the building". Commissioner Bundy said the City Attorney just disclosed he was a. partner in a development on the end of 14th Street. He stated he had a problem listening to legal advice from someone who will be developing property. He said this will directly impact that subdivision. He said he wanted it on the record he was uncomfortable getting legal advice from someone who will be developing a project. Mr. Taylor asked for a consensus on this issue., He said when setting the tax millage for the City the Commission was setting it for themselves. and one could argue there was a. conflict.there as well. Commissioner Bundy declaxed hf; was not asking for a consensus, he only wanted it on the record he was uncomfortable with the legal advice.. Mr. Taylor stated if Commissioner Bundy has that problem, he was misconstruing what constitt:rtes a conflict. He said if that is how the Commission feels,. he wa~lted to lnow that now; and he would have no further discussions when it comes to the Development Code. Commissioner Sackett stated he could underst~zd Commissioner BLU1dy's ~ discomfort and he feels it too.. He: stated he had to look at the bigger CC OR-07-06/223 picture as how this would impact many more people. He declared he would like to continue where they are. Deputy Mayor Anderson stated a conflict of interest was when you had a specific gain. He said if they were talking, about a specific land-use or setting rules for specific property that only he owned or had interest in, that would be a conflict of interest. He affirmed he had no problem with talking about things across the board for everyone in the City of Longwood. Commissioner Holt stated they both made good points. He stated the onus was on the Commission. He said they both went an the record and leave it at that. Deputy Mayor Anderson left the meeting. at 11;25 p.m. and returned at 11:27 p.m. Mr. Taylor advised he had discussed this with another attorney the City has used before in litigation; and he also has discussed it with the Florida League of Cities counsel who did not see a conflict. Mayor Mangot said they needed to address this issue with a degree of civility. He stated he has had some concern which is why he has said "your legal opinion". He said it has been brought to his attention and he would not at this point want to sit. in judgment of this issue. He stated they do not know if his comments made on certain issues would apply to any particular area of interest he might have in the future. He encourages him to give his advice. from a legal perspective and that is not what he has always done. Commissioner Bundy reiterated. he did not ask for a consensus from the Commission. He said the, Attorney's interest in this development had been brought to his attention and he had not said anything until the City Attorney disclosed this information. He was not making an accusation of conflict of interest. He' was only stating his being uncomfortable for the record. He stated it was important to him there be no appearance of conflict on his part. Mr. Taylor stated that his opinion and the opinion he has :obtained from other attorneys was that if this was a decision on some .sort of density, br whatever, on his particular project, then that would be different and he would disclose that. at the. time anything concerning that project came before the City. fieeti~n 1 1 Commissioner Holt referred to Paragraph 5 and stated he would like to ~~ exclude stucco for the wall in the same manner. CC 08-07-06/224. Deputy Mayor Anderson. stated Commissioner Holt brought up a very ' interesting point here. He said they keep talking about different types of ~' walls throughout. He suggested placing a term for it in each place and having. a definition .for the team. H~~ suggested identifying the pieces of this Ordinance that needed to go forward and have a master amendment. to strike everything except for those pieces to go forward. He stated this needed too much work and h.is discomfort keeps growing. Mr. Sizemore said this was one of those sections. He said he would need to go through them one by one to, identify them. Deputy Mayor Anderson said he liked the way it was worded; but. it was in conflict with what they stated earlier. Mr. Drago pointed out this ~~all separates two residential areas. The other one separated commercial or industrial and residential. Mr. Miller stated this was diife:renl: because it was two different land-uses. Deputy Mayor Anderson staked this part gives different material for the wall. Mr. Drago inquired. if he was not opposed to the commercial and industrial having a different coating on their side from the,residential, but for the residential to have the same components as this one. Commissioner Sackett stated. the recommendation would be to keep this wording and add the language "exclusive of stucco", and amend the other section by adding stone. Commissioner Bundy asked if Phis section was critical because of dealing with multi-family with one getting ready to come forward. Mr. Miller responded in the affirmative. Commissioner Bundy suggested addressing this section, forget what is in the other section, and table the rest of the Ordinance. He stated the other portion that was critical was chain. link fence. He said this gives the opporhuzity to review the language: of concern. Deputy Mayor Anderson said whai: he was gathering. was that the end result will be that everything gets ignored except for the two pieces they want and the Ordinance at this second reading will only contain two items. Mr. Drago requested Mr. Miller to .state the section numbers they needed to go through. ~~ CC 08-I)7-06/225 Mr. Miller stated. Section 11, Section 14, Section 17, Section 19, Section 28, Seetiori 7, Section 26, and Section 22 would be needed. Mayor Maingot asked the City Attorney if the could legally select certain sections of the Ordinance. Mr. Taylor advised they could select specific .sections, but could not go outside of the subject matter. Commissioner Sackett moved. to amend Section 11, Paragraph 5 by adding "... or a material that duplicates the appearance of the quality of brick or stone exclusive of stucco... ". Seconded by Commissioner Holt- and carried by a unanimous roll call vote. Section 14: No comments. Section. l 7: Commissioner Sackett inquired why chain link was not listed as an allowable fence material under G. He said F stated chain link fences were not permitted in or around front yards, so they may be in back yards. Commissioner Sackett moved to amend G by stating "...wrought iron, vinyl, and chain link. " Seconded by Commissioner Bundy and carried by a unanimous roll call vote. `--~ Section 19: Discussion was held regarding the verbiage "potentially". Mr. Sizemore reviewed the Code relevant to telecommunication towers. Section 22: No comments. Section 26: No comments. Section 28: No comments. Deputy Mayor Anderson moved to amend the Ordinance to strike all Sections except for Sections 1, 7, 1 1, 14, 17, 19, 22, 26, 28, 29, 30, and 31. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. Main motion carried by a unanimous roll call vote. B. City Administrator recommends the City Commission read by title only and adopt Ordinance No. 06-1808 amending the Fiscal Year J 2005/06 budget. CC 08-07-06/226 Mr. Taylor read Ordinance No. 06-1808 by title only. Mayor Maingot opened the. ~~ublic hearing.. No one spoke in favor or in opposition to the Ordinance. Commissioner Saclcett mo~~ed to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Holt moved to adopt Ordinance No. 06-18.08, as presented, Item 10 B.. Seconded by Commissioner Sackett anal carried by a unanimous roll call vote. C. The Community Development Division of the Community Services .Department recommends the City Commission. read by title, only, set August 21, 2006 as the second Public Hearing date, and approve the first reading of Ordinance No. 06-1807 to amend (LDCA 04-06) the Longwood Development Code. Mr. Taylor read Ordinance No. 06-1807 by title,only. Mayor Maingot 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 Commissioner Sackett ~tnd carried by a unanimous voice vote. Commissioner Holt. moved to approve the first, reading of Ordinance No. 06-1807 and set August 21, 2006 as a second public hearing date. Seconded by Deputy Mayor Anderson and carried by a unanimous roll call vote. 11.. REGULAR BUSINESS. A. The Community Services Department recommends the City Commission read by title only, suet August 21, 2006 as a public hearing date and approve Ordinance No. 06-1809 amending the Fiscal Year 2005/06 budget. Mr. Taylor read Ordinance No. 06-1809 by title, only. Corrimssioner Holt moved to approve Ordinance No. 06-1809 and set August 21, 2006 as a public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. B. Finance Division of the Financial Services Department recommends the City Commission read by tithe only and adopt Resolution No. 06- ~ 1144, which imposes a paving assessment for the Magnolia/Oak road paving project. CC 08-07-06,227 Mr. Taylor read. Resolution No. 06-1144 by title only. J Commissioner Holt moved to adopt Resolution No. 06-1144 as presented, Item 11 B. Seconded by Deputy Mayor Anderson and carried by a unanimous roll Ball vote. C. Finance Division of'the Financial Services Department recommends the City Commission read by title only and adopt Resolution No. 06= 1145, which imposes a wastewater assessment for the 2006 Wastewater Projects. Mr. Taylor read Resolution No. 06-1145 by title only. Commissioner Holt moved to adopt Resolution No. 06-1145 as presented,, Item 11 C. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. D. Finance. Division of the Financial Services Department recommends the City Commission read by title only and adopt Resolution No. 06- 1146, which amends and restates a Neighborhood Improvement assessment for the 2006 Longwood Grove Neighborhood Improvement Project. Mr. Taylor read Resolution No. 06-1146 by title only. ~--J Commissioner Holt moved to adopt Resolution No. 06-1146, as presented, Item 11 D. Seconded by Commissioner Bundy. Commissioner Sackett inquired how much it has increased. that it needs to go up three (3) additional years in payment. Mr. Drago advised they had a choice of either keeping it at ten (10) years ,and paying a higher per annual price, or extending it three (3) more years at the same rate. He said they elected the three (3) additional years. Commissioner Holt inquired if the wall was added to other than what was initially presented. Mr. Drago responded in the affirmative. Motion carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. No report. CC 08-07-06/228 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Maingot adjourned the meeting at 12:22 a.m. ATTEST: Sarah M. Mir;us, CMC City Clerk CC 08-07-06/229 JI This Page Left Blank Intentionally. CC 08-07-06/230