CCMtg01-07-08Min LONGWOOD CITY COMMISSION
Longwood City Comnnission Chamlbers
175 West 'Warren Avenue
~,ongwood, Florida
M][NUZ'ES
JANU~~RY 7, 2008
7: X00 P.aVI.
Present: Mayor John C. Maingot
Deputy Mayor H.G. "Butch" Bundy, Jr.
Commissioner Brian D. Sackett
Commissioner Dan Anderson
Commissioner Mike Holt .
Donovan A. Roper, City Attorney
John J. Drago, City Administrator
Sarah 1VI. Mirus, City Clc:rk
. Tom Smith, Division Managei° of Str°eetslFleets .
Richard Kornbluh, Division Manager of Utilities
Laurie Mooney, Fire Chief
Ryan Spinella, Executive Assisl;ant
Carol Rogers, Director of Fina~icial Services
Tom Jackson, Police ChiE;f
Cindy Carbonell, Fire Department
Danielle Adzima, Community ~~ervices Coordinator
Paul Sizemore, Directoi° of Community Services
1. CALL TO ORDER. Mayor Maiiigot c<<lled the meeting\order at 7:03 p.m.
2. A moment of SILENT MEDITATION was followed by the PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. Ms. Miitiis read the following
announcements:
A. Senior Matinee will be head on January 16, 2008 from 1:30 p.m. until
3:30 p.m., Longwood Communiay Building, 200 Nest Warren
Avenue. This month's feature is Oceran's Thirteen.
B. Movie in the Park will be held on January 18, 2008 beginning at 7:00
p.m., Candyland Park, 599 Longdale Avenue. This month's feature is
Spidermczn 3.
~ C: A Bhte Gt°ass Pickin' will lbe held on January 19, 2008 from
. 7:00 p.m. unti110:00 p.m., Lonl;wood Community Building, 200 West
Warren Avenue.
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D. Highway to Health- Diabetes Awareness Seminar will be held on
January 2~1, 2008 from 11:00 a.m. unti11:00 p.m., Longwood
Community Building, 200 West Warren Avenue.
4. RECOGNITIONS/PROCLAMATIONS.
A. District #4 Presentation of the Business Person of the Month. Award
for January 2008 to Karen Jaeger of The PLACE of Comfort, Inc.
located at 947 Longdale Avenue.
Deputy Mayor Bundy read a brief biography on Karen Jaeger of The
PLACE of Comfort, Inc. and presented her with the Business Person of
the Month Award for January 2008. Photographs were then taken.
5. BOARD APPOINTMENTS. None.
6. PUBLIC INPUT.
A. Public Participation. None.
7. CITY ADMINISTRATOR'S REPORT. No report.
8. MAYOR AND CONLMISSIONERS' REPORT. .
District #4. Deputy Mayor Bundy said the Commission discussed the Publix
issue at the first Commission meeting in December. He stated he thought they
were specific in the instructions they gave;. that Publix be allowed to build in their
location. In the interim, on December 26th, he received a call that Publix had
received cormnuiucation from Longwood indicating the City was still pushing for
them to build near the road. He declared Publix was close to walking away and
they have left it up to the Commission to decide as to whether they should submit
a site plan with their original thoughts. He stated he included a copy of this in the
documents he distributed to the Commission. He advised he has had discussions
with the owners of Township Plaza, Bill White of Fifth/Third Bank, Mr. Rayburn
with Publix, and Craig Buchanan with the Development Group. He said they were
doing this as a commercial development and they have not applied for amixed-
use land change. He advised across-.access agreement has been agreed upon with
Publix if they are not forced to move the development out to the front. He
declared he did not believe the City could force them to build out to the road since
they were building as a commercial development. Ike said the Commission
needed tb reach a consensus. to allow them to proceed with their cite plan. He
stated Publix was very open to work with Longwood to achieve the architectural
look the City would like to see. He advised that in view of the relationship he has
built with the property owners, Publix, Fifth/Third, and the adjacent property
owners; they have requested that they would like for him to be in ,attendance at
any meetings.
Deputy Mayor Bundy moved to allow Public to proceed with submitting a
site plan at the location of the building on the,site and let it follow the
normal process. Seconded by Commissioner Holt.
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Mayor Maingot asked the City Attorney if it was appropriate for this to go
forward.
I
Mr. Roper advised it could go forward as phrased. He said this was a request to
submit engineered drawings and was no~i a final hearing.
Commissioner Anderson said he did not see a need for the motion. He stated
Publix was more than entitled to submit whatever plans they desired for staff
review. He said this was mentioned at the last meeting. It was discussed that there
was nothing in the Code that prohibited i.hem from doing the kind of project they
wanted if they make the numbers work.
Deputy Mayor Bundy advised they received an e-mail from Paul Sizemore on
December 23`a along with a copy of the proposed Publix placed to the front of the
property near State Road 434. It specifically excluded Fifth/Third Bank. He stated
Publix's perception was that the City was trying to make them place the building
out to the front. Publix wants the reassurance that the Commission understands
they will submit a site plan that will meet the City Code and will be judged on
those merits. He said there was some miscommunication and they have asked him
to get this project moving forward by reaching a consensus from the Commission.
He reiterated this was not approving the plan, only the submittal of the site plan.
~ Commissioner Anderson said he dial not want to prejudice the process one way or
another. He stated they were entitled to submit anything that meets the Code. He
' confirnied he would not want them. to misconstnte the motion to mean the
Commission has given approval.
Deputy Mayor Bundy said he made the motion subject to the provisions of the
Code.
Commissioner Sackett agreed he di:d not want to pout forward a prejudice in the
matter. He stated the outcome of the Dea~mber 4t meeting was that they would
be open to more discussion. He inquired i:f there were any meetings and additional
discussions.
Mr. Drago said it was his understaridingtkey were to contact Publix and set up a
meeting to see what compromise could be reached between the current City Code
and their intent. He had Mr. Sizemore ser.~d the e-mail after he held a discussion
with Mr. Rayburn and whether he was farniliar with some of the meetings that
had transpired. He affirmed City Staff ha:; never told them this was the way they
had to build or that they could not submit a site plan. He said he was waiting for a
meeting with them. He stated under their original proposal they tivould need to ask
for several variances.
Deputy Mayor Bundy said he would shorten his motion to state:
The City Commission acknowledges they are within their rights to submit
a site plan with the building placed to the rear of the property in a basic
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footprint of the Pic'n Save subject to meeting the Land Development
Code. ~
Commissioner Sackett said this was asking what everyone was entitled to do. He
inquired why they needed the motion.
Deputy Mayor Bundy said every communication they have had with the City has
been moving the location of the building tip to the front and they are concerned.
Commissioner Sackett. said after the May meeting he thought one of the site plans
had the building perpendicular to 434.
Mr. Drago said after the May meeting, neither he nor any City staff member had
received any correspondence from Publix.
Deputy Mayor Bundy said the other concern they had was that the prototype the
City came up with at the May 2007 meeting eliminates Fifth/Third Bank from the
proposal.
Commissioner Anderson said he had no problem with clearing up the
communcation. However, when he looks at the sketch they supposedly have
problems with; there is a big arrow saying site plan does not show Fifth/Third
Bank. He stated it does not say you cannot have one. He said in Mr. Sizemore's
language it states "This configuration is representative of one potential
configicration that is within the standards established by the Design Ga~idebook.
ire lookforward to a ficture meeting with you to discuss fierther collaboration ccnd
refinement of a plan... " Ike declared he was not sure why it was not obvious they
were allowed their rights under the Code.
Mr. Drago said in their conversation with Publix, they specifically said they were
only going to submit a site plan for Publix and nothing else. Therefore, the bank
would not sit on the property they own. He stated they intend to buy the Sushi
restaurant and place the bank there and it would require a separate site plan.,
Deputy Mayor Bundy said the bank does cross over into the property. He stated
the developer would be submitting the site plan on behalf of Publix and
Fifth/Third Bank. He declared their intention was to submit a master plan concept.
Mr. Drago advised this was news to him and he was not opposed to this type of
submission.
Deputy Mayor Bundy reiterated they wanted reassurance from the Commission so
they can submit the drawings and bring this forward. He stated they have been
encouraged to build a specific way. He said if they cannot make the site plan work
as they would like it to in their location, then that was a different issue.
Commissioner Holt said they needed to have a meeting to discuss this property.
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Deputy Mayor Bundy said Publix feels pressured by staff to build the building in
conformance with our mixed-use .plans. He stated he left the last Commission
meeting this was discussed at fe.el:ing they could submit their site plan. The .first
communication they received was showing what was discussed in May and they
felt they were back where they started. ~Ie said they wanted to submit site plans to
build a grocery store in the approximate location of the Pic 'n Save.
Mayor Maingot said Publix, to they best of his knowledge, has never presented the
City with anything. He inquired why they were reluctant to come to the City and
go over what their proposals are. He stated they needed to contact Publix and
work with them to realize success and not fnistration.
Commissioner Anderson said it appears the only communication Publix and the
developer has had with the City since May was with Commissioner Bundy. He
stated the Commission has stated Publix is entitled to submit a site plan according
to the Code. He suggested the City Administrator call the official representative
tomorrow notifying them the City Comrriission welcomes them to submit the site
plans they wish that conform to the Code.
Commissioner Sackett requested Deputy Mayor Bundy to withdraw his motion
for two (2) weeks with the absolute order to the Administration that this meeting
must happen. If the fnistration Deputy Mayor Bundy has expressed is still coming
through to them then they will all be privy to this and will know what direction to
go in two (2) weeks.
Mr. Roper suggested a tabling.
Deputy Mayor Bundy said he did not think they had two. (2) weeks.
Mr. Drago.suggested offering the fact that he either call or e-mail Mr. Rayburn
telling him the City doesn't oppose his submittal of his desired site plan.
However, this is with the understanding that if he is going to do the whole site; he
needs to show the entire site.
Deputy Mayor Bundy advised that the contact person is; Craig Buchanan.
Mr. Drago said once they receive the site plan, they will review it and then the
dialogue later on can be between the Commission and the Developer.
Commissionei° Anderson said to make sure to communicate that the Commission
is not prejudice towards which way they submit. To submit however they see that
the Code works.
Deputy Mayor Bundy moved to table the motion for two weeks. Seconded
by Commissioner Sackett and carried by a unanimous roll call vote.
Mr. Drago said his understanding was to contact Mr. Buchanan and tell him to
submit the master plan for the entire: site anal to please follow the Code.
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Commissioner Sackett requested to be copied on this correspondence.
Mayor Maingot said he would like to ensure he receives this tomorrow. If there is
no acknowledgement to an e-mail, he would like a copy of the e-mail delivered to
his office.
District #5. Commissioner Sackett reported he was stopped by a lady while
jogging and told the sod company and Sun State Tree Service was traveling down
Church Avenue late at night. He advised the formal meeting on the Longwood
Pool was scheduled for this Thursday at 4:00 p.m.
District #1. No report.
District #2. Commissioner Anderson reported he saw the Altamonte Springs
trash truck driving down Rangeline Road. He said this road has a weight limit and
they should take 434 to 427 to the transfer station. He affirmed the'outcome at
Northland prior to the holidays was superbly handled.
District #3. Commissioner Holt wished everyone a Happy I~Tew Year,
9. CONSENT AGENDA.
A. Approve Minutes of the December 10, 2007 «'ork Session and the
December 17, 20D7 Reguiat° Meeting.
B. Finance Division of the Financial Services Department recommends
payment of approved and estimated bills foi• January 2008.
C. Streets/Fleet Division of the Public Works Department recommends
the City Commission approve a purchase order with Tresca
Machinery, Inc. in the amount of 537,257.00 for the purchase of a
forklift and authorize the.City Administrator to sign all appropriate
documents.
D. The Community Development Division of the Community Services
Department recommends that the City Commission approve
awarding a work authorization with n'Ietzger & Willard, Inc., for
professional design engineering services in the amount of 596,731 and
authorize the City Administrator to sign all appropriate documents.
E. The Community Development Division of the Community Services
Department recommends thee. City Commission approve an agreement.
behveen Sandhill Homes, Inc. and the City of Lonb
wood for the
Overstreet Street Improvements Project in the amount of 5283,531.89
and authorize the City Administrator to sign all appropriate
documents.
. F. City Administrator recommends the City Commission approve the ~
adoption of the Collective Bargaining Agreement behveen the City
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and the Longwood ProfE;ssion;zl Firefighters Association, Loca13163
j for the period of October 1, 2007 through September 30, 2008 and
authorize the Mayor to sign the agreement..
Deputy Mayor Bundy moved to approve the Consent Agenda.
Seconded by Commissioner Holt and carried by a unanimous roll
call vote.
10. PUBLIC HEARINGS.
A. The Community Development Division of the Community Services
Department recommends the I~ity Commission read by title only, set
January 21, 2008 as the second Public Hearing date, and approve the
first reading of Ordinance No. 07-187 for a Small Seale
Comprehensive Plan Future Land Use Map Amendment (SPA 01-07)
from County Industrial to Cit3~ Industrial (IND) for the property
located at 670 South County Road 427.
Mr. Roper announced having proof of publication. He then read Ordinance
No. 07-1857 by title only.
Ms. Adzima said the subject :property was recently annexed into the City.
The next step is to assign a fiiturf, land use designation by doing a Small
Scale Comprehensive Plan.. Amendment. City staff recommends assigning
~ the fixture land use designation o:F City Industrial (1ND). She advised the
Land Planning Agency recommends approval.
Mayor Maingot opened thepublic hearing. No one spoke in favor or in
opposition to the Ordinance.
Deputy Mayor Bundy moved to close the public hearing. Seconded
by Commissioner Holt anal carried by a,unanimous voice vote.
Commissioner Holt: moved to approve the first reading of
Ordinance I\TO. 07-1857 a;~d set January 21, 2008 as the second
public hearing date. Seconded by Commissioner 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, set
January 21, 2008 as the st;cond Public Hearing date and apps°ove the
first reading of Ordinance No. I)6-1790 for a Small Scale
Comprehensive.. Plan Future Land Use Map Amendment (SPA 01-06)
from County Medium Density Residential to City Medium Density
Residential (MDR) for the property located at 131 Longwood Hills
Road.
Mr. Roper announced haviYig proof of publication. He then read Ordinance
No. 06-1790 by title only.
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Ms. Adzima advised 131 Longwood Hills Road was'. proposed to be `J
annexed into the City "through an interlocal agreement the City has with
Seminole County regarding enclaves. Upon annexation a new Future Land
Use Designation will need to be assigned by the Commission. The request
is to have the land use changed to City Medium Density Residential
(MDR). The Land Planning Agency recommends. approval.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Deputy Mayor Bundy moved to close the public hearing. Seconded
by Commissioner Holt and carried by a unanimous voice vote.
Commissioner Anderson moved to approve the first reading of
Ordinance 06-1790 and set January 21, 200.8 as the second public
hearing date. Seconded by Commissioner Sackett and carried by a
unanimous roll call vote.
11. REGULAR BUSINESS.
A, The Community Development Division of the Community Services
Department recommends the City Commission read by title only, set
the Public Hearing date as January 21, 2008, and approve or deny the
fir°st reading of Ordinance No. 07-1858 to vacate and abandon a ~
t«~enty five (25') foot by ninety (90') foot section of a conservation
easement described in the official plat book 44, pages 66 and 67,
located on the property addressed as 1030 Hanging Vine Point.
Mr. Roper read Ordinance No. 07-1858 by title only.
Ms. Adzima advised the applicants were requesting a twenty five (25')
foot by ninety (90') foot portion of a conservation easement be vacated in
order to install a pool in the rear of their property. She, said they were
planning using less than half of that area for the pool, Applicants are
required to receive authorization from agencies with authority over the
easement in order to vacate and abandon easements. In this case the
applicants went to St. John's Water Management District and the Florida
Department of Environmental Protection Agency. It was determined there
was no permit needed from either agency.
Commissioner Anderson moved to approve Ordinance 07-1858
and set January 21, 2008 as the public hearing date. Seconded by
.Deputy Mayor Bundy.
Discussion was held regarding the conservation easement.
Mr. Sizemore advised both the St. John's Water Management District and
Florida Department of Environmental Protection Agency have stated they
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~ did not require this conservation easement when the subdivision was
platted. It was unknown to them. that the easement was included on the
plat.. He said the City's conservation element of the Comprehensive Plan
has an automatic twenty five (2`~') foot setback from the wetland buffer.
When they were delineating the area that would be requested, to be vacated
to build the pool, they made surf, to keep this at least twenty five (25') feet
away from the water's ed€;e. He advised this would have an impervious
surface ratio of up to 42% and this would include the easement area. By
granting the vacate, it is not increasing the impervious percentage.
Deputy Mayor Bundy said they needed to scale out the footprint of the
pool so the Commission can see the intentions of what they plan to build.
Motion carried by a unanimous .roll call vote.
B. City Administrator requests tb:e City Commission review the City
Administrator's accomplishments as it relates to his goal-oriented
appraisal.
Mr. Drago said he prepared the. agenda item for the Commission's
consideration. He advised :he was asking for a three percent (3%) rate
increase on his salary and i:he automobile allowance was an additional four
dollars ($4).
Commissioner Ho11; movE:d to a rove. Sec id
pp of ed by
Commissioner Anderson and 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
January 21, 2008 as the Public :Hearing date, and apps°ove the first
reading. of Ordinance 07-.1859 to annex (ANX 02-07) the property
located at 131 Longwood Hills IE2oad to comply with Resolution 95-
815, which enacted an interl.ocal agreement between Seminole County
and the City of Longwood to eliminate enclaves within the City's
municipal limits upon transfer ~~f ownership of the property.
Mr. Roper read Ordinance iVo. 0 ~-1,859 by title only.
Ms. Adzima said Longwood and ;3eminole County have an interlocal
agreement regarding the elimination of enclaves. It allows the City to
annex areas of unincorporated. County surrounded by City once the
property changes ownership. This is the case with. the subject property.
City staff recommends approval.
• Commissioner Holt moved to approve the first reading of
~ Ordinance No. 07-1859 ar.~d set January 21, 2008 as the public
hearing date. Seconded by Commissioner Sackett and carried by a
unanimous roll call vote.
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12. CITY ATTORNEY'S REPORT. No report.
~J
13. CITY CLERK'S REPORT. No report.
Commissioner Anderson said they received a letter from County Chairman Carey
to discuss CAL-NO and 1Vlayors/Managers. He asked if this could be placed on a
future agenda.
Commissioner Anderson said they received a letter from the Longwood Tourist
Club stating they were going to dissolve the Club. He stated he would like the
Commission to present them with a plaque thanking them for all of their
contributions to Longwood over the years.
It was the unanimous consensus of the Commission to present a plaque to the
Longwood Tourist Club.
14. ADJOURN. Mayor Maingot adjourned the meeting at 8':21 p.m.
John C. a' ot, l ayor
ATTEST•
Sarah M. Nlirus, CMC
City Clerk
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