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CCMtg09-06-06MinLONGWOOD CI'T'Y COMMI!S'SION ~~ Longwood City Commission Chambers 1 ~ 175 West Warren Avenue Longwood, ]Florida 1VgIN1UTES SEPTEIVIBE1t 6, 2006 7:00 P.TVI. Present: Mayor John C. Maingot Deputy 1Vlayor Dan Anderson Commissioner Mike Holt .Commissioner H.G. "Butch" Bundy, Jr. Commissioner Brian D. Sacketit Teresa Roper, Acting Cit3~ Attorney John J. Drago, City Administrator Sarah M. 1VTirus, City Clerk Tom Smith, Division Manager ~~~f Streets/Fleet Paul Sizemore, Community Services Coordinator Danielle Adzima, Community Services Coordinator Richard I~ornbluh, Division M;tnager of Utilities Carol Rogers, Director of Financial Services Fran Meli, Recreation Program Manager Amy Stevenson, Community Services Coordinator Ryan Spinella, Executive .Assistant Tom Jackson, Police Chief ' Absent: Richard S. Taylor, City Attorney (Excused) 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:04 p.m. 2. A moment of SILENT MEDIT.A'1'ION was followed by the PLEDGE OF ALLEGIANCE. 10. PUBLIC HEARINGS. (PART 1) A. City Administrator recomimencls the City Commission read by title only, set September 18, 200.6 as a public,hearing date, and approve the first reading of Ordinance 06-1812 which fixes the tentative rafe of ad valorem taxation for the fiscal ~~ear commencing October 1, 2006 and ending September 30, 2007. Mayor Maingotread the following statement: The tax rate being proposed for FY 2006/2007 is 4.9900 per $1,000 ofnon-.exempt assessed valuation. Said rate is 19.44% higher than the rolled-back rate of $4.1780 per $1,000 ~ ofnon-exempt assessed valuation: as computed by F.S. 200.065. CC 09-06-06/261 Ms. Roper announced publication on Items 10 A and 10 B would be accomplished on Wednesday, September 13, 2006. She then read Ordinance No. 06-1812 by title only. Mayor 1Vlaingot opened the public hearing. No one spoke in favor to the Ordinance. The following spoke in opposition to the Ordinance: Marie Adamour, 612 Fallsmead Circle, said she had a petition signed by many of her neighbors who- were opposed to the. proposed Ordinance No. 06-1812 which will increase, the ad valorem taxation to 4.9900 per $1,000 ofnon-exempt assessed valuation. She said she was in favor of not changing the rolled back rate .of 4.1780 per $1,000 ofnon-exempt assessed. valuation. She stated she was also not in favor of having the said rate of 19.44% higher than the.current rolled back rate as computed by F.S. 200.065:. She said The Landings was a gated maintenance fee community and they pay .homeowner's fees which are used proactively to upgrade their streets., amenities and lights. She said approving the Ordinance would put an undue burden on the community which has also proposed to raise their fees this year for road paving.. She stated many of the :homes purchased in 2005/2006 would be especially and unequivocally buried in tax this year. She reiterated she was in favor of keeping the taxes status quo. Commissioner Sackett moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Holt moved to approve the first reading of Ordinance No. 06-1812, as presented, and set September 18, 2006 as a public hearing date. Seconded by Commissioner Sackett. Commissioner Bundy stated there was a misconception of the rolled back rate versus the millage rate. He advised the millage rate was not being increased; it was 4.99 last year and the year before. He stated the rolled back rate would be what was considered a tax neutral position in the approximated property valuations and income generated to the City through the ad valorem taxes. Motion carried by a unanimous roll call vote. B. City Administrator recommends the City Commission read by title only, set September 18, 2006 as a public. hearing date, and approve the first reading of Ordinance 06-1813 which adopts tentative revenues, expenditures and fund balances for the City's fiscal year budget commencing October 1, 2006 and ending September 30, 2007. CC 09-06-06/262 Ms. Roper read Ordinance T1o. 06-1813 by title only Mayor Maingot announced the percentage by which the millage rate exceeds the rolled back rate as an increase in property taxes was 19.44. The second public hearing date vial be on September 18, 2006. Mayor 1Vlaingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance„ Commissioner Sackett moved to close the public hearing. Seconded by Conunissionsr Holt and carried by a unanimous voice vote. Commissioner Holt ~ncwed to approve the first reading of Ordinance No. 06-1 x;13 anal set September 18, 2006 as a public hearing date. Secorrd.ed by Commissioner Sackett. Commissioner Bundy moved that the Building Official and Building Inspector positions be abolished from the Fiscal Year 2006/2007 Budget aald transfer $100,000 from the Personnel Cost line items to the Other Contractual Services line-item. Seconded by Commissioner Holt ,tea carried by a unanimous roll call vote. Main motion carried, as amended, by a unanimous roll call vote. 3. COMMUNITY ANNOUNCEMENTS. The following. announcements were made: A. City of Longwood Heroes' Day Celebration-Longwood Police Department, 235 West Ch~areh ~wenue, Saturday, September 9, 2006, 9:00 a.m. B. A Bhce Grass Pickin' will k-e held on September 16, 2006 from 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. A. ~ District #3 Presentation of the Business Person of the IVlonth Award for September 2006 to Mary Jane Grant, President of Premier .Promotions, located at 130 East Evergreen Avenue, Suite 130. Commissioner Holt read a brief biography on Mary Jane Grant. He then presented Ms. Grant with the Business Person of the Month Award for September 2006. Photographs.. were then taken. B. ~ Proclaiming and recognizing K~•ista Pohorenec for her energetic spirit, her inspiration, her compassionate heart, and her talents in helping children with. special needs. CC 09~-06-06/263 Mayor Maingot read a Proclamation joining with the. United Cerebral Palsy of Central Florida honoring and recognizing Krista Pohorenec for her accomplishments. Photographs were then taken. Commissioner Holt left the meeting at 7:29 p.m. 5. BOARD APPOINTMENTS. None. 6. PUBLIC INPUT. A. Public Participation. Charlotte M. Carroll, 1636 Grange Circle,. said she received a letter in the mail the other day and felt she should express .herself as far as Barrington is concerned. She stated she did not come to the last meeting due to her frustration of two (2) years of meetings and nothing accomplished.. She said she has lived in Longwood for 20 years and it feels to her like Barrington has become something that was very difficult to deal with. She stated some of the suggestions in the Mayor's letter were lacking his familiarity with the history of Barrington. She affirmed they lost their valid Homeowner's Association because of one name not listed properly. She stated she had not missed a Homeowner's Association meeting for two (2) yearn and some of the information passed on at the last meeting was not valid.. She said they have struggled for twenty (20) years and she requested the Commission look into what.could be done to help ~ Barrington. ~J 7. CITY ADMINISTRATOR'S REPORT. Mr. Drago handed qut to each Commissioner the program for Saturday's Heroes' Day event. He suggested the Commissioner's arrive at 8:30 a.m. He said a copy. of the invitation sent out was also attached to the program. 8. MAYOR AND COMMISSIONERS' REPORT. District #4. Commissioner Bundy extended congratulations to Commissioner Sackett and Commissioner Holt. He reported qualifying ended Friday at 5:00 p.m. with neither drawing opposition. Commissioner Bundy said one of the gentlemen from Markham Hills discussed the arches in the entry walls not being in balance at the last meeting. He stated he met the City Administrator and City Engineer at the site. He affirmed if counting the brick, it is off by one (1) brick. He reported to correct this would require dismantling the colLUiu1, removing the sign and the caps, and. extending the wall by eight (8) inches. He said the problem was dealing with the right-of-way on the cast side wall and the retention pond that was directly behind it. He said the radius had to be different. than the other side. He stated it was so insignificant that you would.. have to count the brick to notice it. He said he spoke. to several residents and they were happy with. entrance signs. He recommended it not be changed. CC 09-06-06/264 Commissioner Bundy stated he spot{e with Mr. Sizemore regarding Magnolia 7 Avenue at Oak Street regarding some fencing that had been removed. He reported the fencing removed was behind. some ap,~:rtments and was not fencing removed by the developer. He stated children were mm~ing through the area and would like Planning Staff to coordinate with Codes F;nforcement to review this area and to research whether the fence was required. Commissioner Bundy reported he and Commissioner Holt participated at Longwood Elementary with the Local Government class. He reported the Commissioners had received a request from Mr. Towers for a Work Session. Mr. IDrago stated he would not reeo.mmen.d a Work Session for the litigation, but if there were other issues, then the Commission could decide to hold a Work Session. Commissioner Bundy suggested they could hold a Work Session prior to a Regular Commission meeting; Deputy Mayor Anderson inquired if this could be handled through staff. He said if everything was being done according to the Code, there was no reason to involve the Commission. Commissioner Bundy said it would be along the line of variances and what the Commission would like to see with the projects. Commissioner Sackett said he would support a Work Session to move forward. Mayor Maingot said he was terribly confizsed and stated a volume of correspondence has been back and forth. FIe declared it seems that every time they seem to accomplish something there was another change of direction or a change of heart. He said he would. hike to see this situation resolved. He stated they have dealt with so many other developers and they all know what the hDC calls for, the procedures and .have accomplished their task. He said with this instance, they seem to be going around in. circles. He stated he would like to see if it would be legal. to do so and. set forth specifically what would be discussed beforehand. Deputy Mayor Anderson stated they would not be able to waive anything in a Work Session. He said every prospective project needed to be negotiated. He said this was not just requesting to change the Code, but wanting items changed for the project. He said there were. separate legal issues and each one needed to be taken independently. He said the only benefit would be that everything gets on the table and public business is done in public as ii: should be. He said the property on Longwood Hills Road was not in the Cit~r, yet he was being asked to discuss it. Commissioner Bundy said he was placing; this before the Commission to see if ~ they would like to have a Worlc Session.:E-Ie did not want the Commission reports CG 09-06-06/26.5 to go by and nobody address it. He said that perhaps questions could be answered and it would be annexed .into the City. ~J Discussion ensued. ~~ It was the consensus of the City Commission to schedule a Work Session on September 18~' at 6:00 p.nn. with the City Administrator placing items; to be discussed on the Agenda. District #5. Commissioner Sackett stated he was disturbed over the meeting held in the Commtuuty.Building about the median development on State Road 434. He said it was the understanding that the median would be changed next year; then when widening 434 the median will be moved over. He said it looked like they were putting in a sidewalk and replacing a sidewalk. He inquired how they could stop this process and make it a combined process. He stated this was affecting businesses and several were moving, out. Commissioner Bundy said the State Representatives and State Senators election season was not over. He sand now was the time to address this and suggested having the City Administrator craft a ketter pointing out what a detriment this would be to the businesses and what a monumental waste of tax payer dollars. Deputy Mayor Anderson said this was never discussed in front. of the 1vlunicipal Advisory Committee of MetroPlan. He suggested setting the funds aside for the other projects. He stated there was a priori"ty project list from now tuztil 2050. ~ Commissioner Holt returned to the meeting at 8:.05 p.m. It was the consensus of the Commission for the City Admuustrator to send a letter. ' District #3. No report District #1. Mayor Maingot reported he attended the Rotary Club of Longwood on August 22nd. He made a presentation to the Men's Club at Chambrel on August 23rd and in the evening of the same date, he attended a Seminole School Board Advisory Committee meeting. He reported the enrollment was approximately 2,500 students less than projected and reviewed the. highlights from the meeting. He discussed the school transportation and reviewed the .figures for proposed impact fees. He reported having attended the Seminole County Chamber meeting on August 24~ in Tuscawilla. District #2. Deputy Mayor Anderson addressed the. issue of Barrington and said the City wanted to make sure they can take care of this equitably. He reviewed the issues over the past year. He said he hoped they would stay on top of this so it will get done soon. He reported he received an e-mail regarding. maintenance of an intersection and said it was in need of maintenance. ~ CC 09-06-06/266 Mr. Drago,advised he would be revi.ewin€; the intersection tomorrow. r- Deputy Mayor Anderson said there-was le:gislation that was going to strip the municipalities of restricting placement. of cell phone towers. He stated he read an • article on what some municipalities have done to architecturally hide cell phone towers and reviewed several of the methods used. 9. CONSENT AGENDA. A. Approve Minutes of the August 21, 2006 Regular Meeting. B. Finance~Division of the Firnanci:al Services Department recommends payment of approved and estimated bills for September 2006. C. Finance Division of the Financial Services Department recommends the City Commission. approve the First Amendment to Agreement between the City of Longwood and Seminole County relative to collection and enforcement of Occupational Licenses Taxes and authoa-ize the Mayor to sign the appropriate documents. Deputy Mayor Anderson moved to approve the Consent Agenda as submitted. Seconded by Commissioner Holt and carried by a unanimous roll call vote. 10.• PUBLIC HEARINGS. (Part 2) C. The Community Development Division of the Community Services Department recommends the City Commission read by title only and . approve Ordinance No. 06-1'799 for a Small Scale Comprehensive Plan Future Land Use 1VIap Amendment (SPA 03-06) from Low Density Residential (LDR) and tseneral Commercial (GC) to Downtown (D) for the property located at 425 S CR 427, which the attached Design Guidebook Agreement. Mayor Maingot announced This was a quasi judicial hearing. Ms. Roper announced having proof of publication. She then.read Ordinance No. 06-1799 by title only. Ms. Roper conducted the swearin„-in of witnesses. Mr. Sizemore said the applicant made corrections to the design guidebook according to the directions provided by the City Commission at the last meeting. He advised the Ordinance and the Agreement were amended so they reference to the tmeframe o~~ " 24 months". John Youngman, Architect, 459 Sanford Avenue, said they had a very good discussion at the last meeting, He said the highlights of this development were that it is a mixc;d-use development on 3.24-acres of CC 09~-06-06/267 land. The rear parcel is currently zoned Low Density Residential and the forward parcel is General Commercial. He stated they were requesting a Downtown land-use for this development. He reviewed the layout of the buildings. He said the big concern. for the .neighbors was the impact of their buildings. They have proposed to retain as many trees as possible on the rear one acre parcel. In addition, they have- agreed to place a brick wall to the. rear of that property. He advised they have revised the plan to include the. six (6) foot high brick wall. He referred to page one of the design guidelines where they have committed to a decorative~aluminum picket style six (6) foot fence with brick columns spaced approximately thirty (30) feet apart. In addition, a six (6) foot high brick buffer wall will be constructed along the balance of'the easterly property line that abuts the neighboring; residential areas. He said there was concern regarding the vague verbiage concerning landscaping. They have changed the verbiage of "encouraged" to "will. be "; to commit to the landscaping as set by the City of Longwood. He declared they were very anxious to move forward. Steve Moreira, Developer and President of Allied Capital Advisors, 280 Ronald Reagan Boulevard, said the engineer would be preparing the drainage issues and this would be submitted along with the landscape plan. The following spoke as a substantially affected person: Kathy Garcia, 284 Reider Avenue, asked the Commission to deny this request to change the land-use. She said the applicant stated at the last meeting, he can develop the General Commercial and stated he could develop the Residential. She stated it was also questioned at the last meeting why the Land Planning Agency unanimously -voted to recommend denial. She said the minutes stated it was aland-use- change request and not a site proposal plan. They also stated that Downtown designation was limited to the ,Downtown area and this would be a spot designation. She also stated the. minutes reflected the established single family residences nearby should be protected. She declared if the applicant could .develop these lo.ts_as is; why change theland-uses, except to_set__.__ precedence for grabbing up other residential properties adjacent to General Commercial. She said no matter what was done there, they were going to flood. She requested they please deny the request and preserve the neighborhood. Commissioner .Sackett inquired if she addressed her concerns when they had. a presentation and discussed water run off. Ms. Garcia said it has always been a concern and has been between what the City and County were willing to do for them. She declared it was a County problem. Commissioner Sackett said this development was making every attempt to hold ail- water from that.property with a large. retention pond. ~~ -~, CC 09-06-06/268 Deputy Mayor Anderson said this issue really stemmed from the County drainage ditch from the 427 fond. He said it was not maintained or designed well. He stated there were two (2) separate issues.. He said. this process was tying this developmer,.t to the land-use designation. Commissioner Bundy said the Lor,.gwood Development Code does not require single family homes. He e~;plained that Low Density Residential sets a number of units per acre. He. said this could not happen in any neighborhood, it's .only appropriate along the corridor properties. He declared the Developer has a. much more stringent design standard to follow on this project than if' developing an ordinary commercial project. He said it was being called "Down.town", but it was amixed-use designation. Mr. Youngman reiterated this'was notjust a PowerPoint presentation. He said this was a commitment with real responses. He said they did not want to Have a drainage problem on this piece of property either. They were looking at their site and dravlage engineering from a point of view of how not to impact the neighbors. Mr. Moreira said he was having th.e engineer study the drainage at his office location of 280 Ronald Rea;;an Boulevard. They are behind where most of the run off goes and he will also study the situation with the County retention pond. He concurred the County has not built this right. He said they would be placing retention on their own site and would. be addressing the drainage. He said it: may be a better project .for the residents. Deputy Mayor Anderson moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Holt inquired what was facing the Tullis side of the development. Mr. Youngman advised they have not done a rendering facing Tullis. He said on the third floor they have used dormers to try and make,it have the character of a two-story building rather than athree-story building. This will blend in with the front cif the project and soften the view from the neighborhood behind. He said there would be a patio on the ground level and there could be a balcony on the second level. Commissioner Holt inquired if there would be parking on the back side. Iylr. Youngman responded ir1 the negative. Commissioner Holt inquired ii, there would be 180 foot buffer as stated in the last presentation and the area to Tullis would be softened. CC 09•-06-06/269 Mr: Youngman responded in the affirmative. Deputy Mayor Anderson inquired if there was cross access in the front to `'''1 the south. Mr. I'oungm~ responded in the affirmative. Commissioner Holt moved to approve Ordinance No. 06-1799 as presented. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. The City Administrator recommends the City Commission. consider a request from the Central Florida Society for Historic Preservation (CFSHP) to approve a Class A Special Event permit for the 30th Annual Longwood Arts and Crafts Festival with provisions. Commissioner Holt moved to approve a Class A Special Event Permit for the 30th Annual Longwood Arts and Crafts Festival with provisions, as presented, Item 11 A. Seconded by Commissioner Bundy. Commissioner Bundy said he was a member of this non-profit group as are a couple of other Commissioners. He stated they had ~no fiduciary gain - , or benefit from this, would they be required to vote on this. .~ Ms. Roper responded in the affirmative. Commissioner Sackett wanted to be assured. the people living in the area would have parking arrangements. He, said they also have held discussions with the Church regarding where the booths will be located. Mr. Drago said the parking arrangements for some of the affected residences would be provided by the City. The placement, of the booths was not under the City, but under the discretion of the Society. Ms. IVleli said her map showed no booths in front of the Church. Deputy Mayor Anderson left at 8:54 p.m. and returned at 8:55 p.m. Donna Bundy, 721 Eagle Avenue, said there were. booths in front of the Church, but there were no booths in front of their food concession. There are three (3) booths at the head of Wilma Street. She said there would not be vendors placed at the front doors of the Church. She reviewed the vendor -map. Discussion ensiled. ~ CC 09-06-06/270 Mayor Maingot said the moues d~,rived from- the vendor fees, goes into a grant fund to be used within the .Historic District. He said this was his only concern in waiving the fee. Commissioner Bundy said this evc;nt brings over. 40,000 people to the heart of the Historic District and contributes to the well being of the merchants. Commissioner Holt inquired how Gong this line item has been. in existence and how much was in the fiuzd. Mr. Drago said it was approved by the Commission approximately 4-5 years ago. He said he normally places $7,000 in the fund called Other Obligations. He said revenue; generated in the past was used to pay for part of the brick on Pine, benches in the District, and other amenities. He said it was a fund balance and rolls over each year. Discussion was held regardi~ig the use of the fund. Commissioner Sackett said theyhold this .discussion every year. He suggested they just say a flat $3,0(-0 or whatever the fee is determined to be and change it to make it smooth. i Deputy Mayor Anderson said the number comes from the authorizing ~`°-' Ordinance. He said the Commission could change it anytime they desire. He stated he understood the. desire,. but if they choose to do that they were de-funding. the ability to do other projects. Mr. Drago explained the $25 fee a lows the vendor to come in and sell their goods on. City right-of--way. It is intended as a temporary occupational tax. He stated the Ordinance went beyond. this festival. and was crafted so it would apply to other situations. He said the. Commission has the right to alter it per request. Motion carried by a unanin.lous roll call vote. B. The Finance Division of the. Financial Services Department recommends City Commission read by title only, set September 18, 2006 as a public hearing date and approve the, first reading of ®rdinance 06-1810, which amends the )fiscal Year 05/06 Budget. Ms. Roper read Ordinance No. 06-1810 by title only. Commissioner Holt moved to approve the first reading of Ordinance No. 06-1810 and set September 18, 2006 as a public I hearing date,. as presented, Item. l l B. Seconded by Commissioner ~~ Sackett and carried by a unanimous roll call vote. CC 09-06-06/271 C. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set the Public Hearing date as September 18, 2006, and approve the first reading of Ordinance No. 06-1811 to vacate .and abandon (VAC 02- 06), the: four (4) ten foot (10') wide utility easements described in official records book 1556, page 1403 and 1405, located on the property known as parcel ID #32-20-30-300-0150-0000. Ms. Roper read Ordinance No. 06-1811 by title only. Mr. Sizemore said this was the proposed Acorn Terrace Townhome project. He said they were approaching the completion of their fmal plat and before they can move forward, they need to vacate these utility easements. He stated they have worked with Bright House and the other utility providers to relocate. any facilities located in the area. He affirmed having letters of no objection from all the applicable utility providers, including the City of Longwood Utilities Division. Mayor Maingot said he understood they have worked out additional easements with two (2) providers. Mr. Sizemore responded in the affirmative. He added if the uti-lity easements are vacated, then the Commission would see the fmal plat document for approval at the meeting on September 18~'. Commissioner Sackett expressed concern regarding the easement for Lot 10. Mr. Sizemore explained this was not a one for one exchange. on the easements. He said when the new plat was recorded, the entire length of the alley way, as well as the parking areas would be available for the utility facilities to be relocated in. Discussion ensued. Deputy Mayor Anderson moved to approve the first reading of Ordinance 06-1811and set September 18, 2D06 as a public hearing date. Seconded by Commissioner Holt and carried by foL~r/one roll call vote with Commissioner Sackett voting nay. D. The Community Development Division of the. Community Services Department recommends the City Commission review and discuss a matrix describing a proposed amendment to the fongwood Development Code to incorporate a proportionate fair share transportation mitigation option as required by Florida growth management, legislation Senate Bi11360 and give staff the direction deemed appropriate. ~--I CC 09-06-06/272 Mr. Sizemore said this was a change to the Development Code being ~ required by the State of Florida. He explained there was a model ,~' Ordinance they have adapted and ~;uere in the process of creating. a draft specific to Longwood Development Code. He said it would change the concurrency management process for transportation facilities. If a requirement for mitigation is tripped, it provides developers with an additional option they did not previously have. He stated it gave the City the option of guiding and programming these improvements so that they contribute to our overall transportation program. Deputy Mayor Anderson said this seems to be a better outcome without much change to the process. E. Finance .Division of the. Fiinanciial Services Department recommends the City Commission adopt Resolution No. 06-1154, certifying the annual non-ad valorem assessmient roll to the Seminole. County Tax Collector for placement o:[ non•-ad valorem assessments on the 2006 tax bills. Ms. Roper read Resolution No. 06-1154 by title only:. Commissioner Holt. moved.. to adopt Resolution No. 06-1154, as presented, Item 11 E. Seconded by Deputy Mayor Anderson and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPOR'T'. No report. 13. CITY CLERIK'S REPORT. No report. 14. ADJOURN. Mayor Maingot adjourned t:he meeting at 9:27 p.m. ATTEST: Sarah ~TVI. Mirus, CMC, City Clerk '~. r CC 09-06-06'273 Jl This Page Left Blank Intentionally. 1 CC 09-06-06/274