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CCMtg06-07-04MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers I75 Wes[ Warren Avenue Longwoed, Florida MINUTES JUNE 7, 2004 7:00 P.M. Present: Mayor N. G."Butch"Bundy Deputy Mayor Brian D. Socket[ Commissiooer John C. Moingot Commissioner Dan Anderson Commissiooer Mlke Nolt Richard 5. Taylor. Jr., City Atmmey John J. Drago, City Administrator Sarah M. MiJares, City Clerk Tom Smith, Division Manager of Sheets/Fleet Richard Kornbluh. Division Manager Of Utilities Pat Miller, Interim Director o[Comomnity Services Tom Jackson, Chief of Police Carol Rogers, Inr mDire ~of }tina cial Services Jmie woos, eomm~~ndr sermes ennrainamr Paul Sizemore, Community Services Coordino[or 1. CALL TO ORDER. Mayor Bondy celled the meeting to ordu at'l 02 p. m. 3, A mameot o[SILENT MEDITATION was Pollowed by THE PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. The following ennouucements were made: A. Senior Metinee will be held on June 16, 2004 from II:00 a.m, uotil 1:00 p.m., Longwood Community Building, 200 West Warcen Avenue. This month's feature will be "The Quiet Man." R. A R1ue Grass Pickin' will be held on June 19, 2004 from ]:00 p.m. until 10:00 p.m., Lyman Righ School, 8fi5 South County Road 43]. 4. RECOGNITIONS. A. Dishict dl Presentation of the Business Person of [he Month Award for June 2004 to James M. Stewart of Dunkin Donuts, located of 801 West Stafe Road 434. Con er Meingot ecmgnized lames M. Stew as Bus ss Person of the Month. Mr. Stewan and his wife. Bonma have been franchise CC 06-0]-04/125 s ofDuNcin Donuts for over thirty years. They have been in b si ass in Longwood for ova twelve years and curten[Iy owm three including the one at 801 West Stale Road 434. Over the years, Mr. and Mrs. Stewart has been a participant in graduation and have sponsored special events and other noteworthy fund wiser events at Lyman High School end Longwood Elementary School. They provide breakfast each year at the annual Longwood GolfTOUmament. They continually make their produar readily available to many noteworthy events that take place in the city Mr. and Mrs. Stewart have lived in their home in Longwood for over twenty years and have been martied for over Forty Yam's. The City of Longwood is very pleaud to have Mr. and Mrs. Stewart as business partners in the wmm nity. Pictures were then taken. 5. BOARD APPOLVTMENTS. A. District kt Nomination tu the board of Adjustment. Commissioner Maingot deferted the nomination. B. District pt Nomination mthe Cbnrter Atlvisory Committee. Commissioner Maingot deferted the nomination. G District kd Nomination to the Charter Advisory CommiRee. Mayor Bundy deferted [he nomination. D. Diatrlet Nl Nomination to the Perks and Recreation Advisory Hoard. Comm~ssiooa Maingat deferred the oomioanon. 6. PUBLIC INPUT. A. Presentation-Mr. Holland will be makings presentation. Mr. Holland was unable to attend the City Commission meeting. Ms. Elizabeth Lopa will be requesting finanen for children tu go to the Jr. Olympics. Ms. Lopez said she was preunt on behalfof Central Florida Red Raiders, o ages siMeeu (16) and under baseball team, in the City of Longwood. Mr Rick Bennet, manager ofthe teem, provides a facility fortha team to work out and pmttice. She advised the Jr Olympics was being held in tupiter, Florida this summer and the Red Raiders were invited to participate. They had just rmumed Rom a trip ro Atlanta where they played during Memorial Day weekend. She stated the trip to tupiter would be an expensive trip. They me requirM to have a rorter afar least RReen (IS) players and hope to mke[wenty (20) Players on this trip- They requested a donation far the players to attend. CC 06-0]-04/126 Mayor Bundy asked if they had discussed this with the Police Chief regarding confiscation funds. Ms. Lopez s[ffi~ she had not discussed this with the Police Chief She advised they were scheduled m leave Lune IBw. She declared any wmribution would be helpful. Mayor Bundy advised any donation would be required m go through Ne appropriate process for au[hotvation. He asked that she meet with Chief Sackson es soon as possible and have him provide the information necessary for the Commissino to metre a decision, B. Public Participation. Den McCov, 13] Fast Maiae Avenue, said he bad tMee reasons Nat make him proud to be a citizen ofLOngwood. He said when driving home on Saturday evening M heard the news of President Aeegan's passing on the radio. He said the city had aheady taken Ne initiative to drop thev flags t hatf mast and this made him very proud. He said he has had the opportunity to meet a number ofthe officers running radar on the meets. He stated on his way to work the other motring one of the officers pulled up beside him at the intersection of42] and 434 antl made a point to say good morning. He declared it makes a world of d'Sference when tlm Police and Fire Department officers take [he time to say hello. Thirdly, he acknowledged Mayor Bundy's comment, in the minutes ffom Ne last meeting. ofthe Police Pxplorei a helping the Williams family. He said that says a lot for the youvg people ofthis city. Ae said he would like to ee the Commission publicly recogNze these young people for their sacrifiu to help this family. He avowed these things make him proud to be e dozen ofth{s city. ]. CffY ADMINLSTRATOR'S REPORT. Mr. Drago reported areas in Reiter Park and Candyland Pmk have been desigtated for smoking areas. He said Mr. Smith war in the process oCobtaining signage for these areas. He advised that Mr. Smith aced Ms. Renfro would wmpltte this task for Ne other parks. He further reported Ne calendar was up and runrdng forthe Communty Building events. 8. MAYOR AND COMMISSIONERS' REPORT. District k3. Commissioner Holt reported he would be attending the HAVA HOb Kvob tomorrow evening and hopes to have time to attend the Northland Communty Church meeting in the Community Building following tNs. He reported he had met wiN Mr. Dmgo regarding signage m nodTy the public of events occumng in the City of Longwood. He thavked Mr. Drago end the Utility CC llfi-0]-04/12] Department for working on the stream on 14'" Avenue. He also attended the bridge dedication put on by Repreanreave John Mica. Commissioner Holt reponed that he was driving behivd a Waste Pro truck earlier in [he day. He said a gemlemanjumped from the side ofthe vehicle, took the recycling bin and emptied the contents iota the trash wntainer. He said this was done repeatedly down the strcet. Hemet with Mr Drego end they reported this nciden o the manager of Waste Pro. He acknowledges having received several phone calls regarding such issues witfi Wase Pro. He advised the manager would be meeting with staff to resolve there issues. District /f4. Mayor Bundy reported one ofthe city residents who has been an utslanding citizen in Longwood for many years was closing on a home and found a cloud on the title because a conservation easement had not bcen vacated. He said, in talking with the City Administrator, it was concluded this issue would go before the Commission and was not requ'ved to go before LPA. Mr. Drego cgnfirmed that conservation property could be vacated by an urdiriance. Mayor Bundy said this issue would have been mka care of in 1998, but for some was dropped. He stated the City Attorney, City Administrator, City Clerk and staff have looked into this issue and there is no rewrd of it having been before the Commission. He suggested waiving any fees that might be incurred. He also asked for a wnsensus 6om the City Commission that the city move forward and resolve this issue. It was the consensus ofthe City Commission w resolve the issue. Mayor Bundy repotted there is a constitutional amendment m double the ham read exemption He said this has been discussed at numerous other meetings. He said this amendment would hurt the city by approximately one half million dollars. He reported this would impact the local school board in excess of $19 million dollars. He said, ifthis amendment passes, we would see millage rates increase and the burden would be passed on in other ways. Mayor Bundy reported a fund raiser is being held on July I to for the father offie three Williams children. He said ail proceeds will be donates to Mr. Williams for mwrting expenses. Mayor Bundy repotted the city did cot qualify for Ne road gran[ for Hay Avenue. He suggested each Commissioner mat with the City Atlminisvator regarding this grant end perhaps wntact the wintry. District M5. Commissioner Sackett thanked Mr. McCoy for his wmments. He suggested the Commission recognize the Police Explorers. He said he attended two (2) Homeowner Assxietion meetings recemly. He acknowledged the city needs some strategy set up for discussing with the Police Chiefwhen funds are CC O6-p'/~04/t28 requested. He said he would like to see a procedure in place for groups in need of funds for such issues. Mayor Bundy aekvowlvdged the ChiePinitietes the proc ss by bringing it to the City Administrator. He Bald the problem, in this case, was that Mr. Bennett did not come [o the pazt two meetings Discussion was held regarding donation of funds. Deputy Mayor Sackett said he has noticed fewer Wcks parking in the Pion-Save lot and thanked the Police Depanmant He inquired if the city could explore ways ro positively engage markaing oPempty businossas_ Mayor Bundy said the Com may want to wnsider nthe Land Development COde that empty business be maimaived in the same condition and appearance as when~is operating. Mc Drago said so evities conduct economio studies to detetminewbat types of businesses might urvive. District kl. Commissioner Maingot reported he also panicipated iv the dedication ceremony oPthe Sr lohu's River Memorial He reported problems with the garbage s ce. He said if there improv made, then the City Adminisrator reeds to tighten the ros~aints insened'm them t. He reposed he would be attending the Northland Comm vity Church mea rag. District k2. Commissioner Anderson said another issue in regards to county funding is the stop Tight et the end of Marvin Por the high school. Hesaid the unty stated there was no need tDr a Tight there since buses were not exiting that ea He acknowledged that the doubling ofthe homestead exemption would have ardevastating impaa to municipalities with lower valued homer He said the fair endmem for sales emptio as Ares rated at - unty. Hes aced this ould regoirejustificationxevery ten years ofany exemptions put into to the tax wde He said CALNO has been pursuing a resolution and trying to get the L.eegue of Cities to take up the cause for voluntary egreemen[s between ioipeliti and oo es tot law enPorce Dads bordenngjurisdict' He advised arste law ently dce of allow voluntary agreement CALNU is pursuing an amendment that states you may enter into an agreement He repotted the City of Longwood is being asked to write a letter of support for the City of Sanford who is naning a program celled youth build. This program helps at-risk young adults to obtain their QBD, teach a const~uaion trade, and through oring, teaches life skills. hle said that Sanford plans to partner with the Sheriff s Department on this program. 9. CONSF,NT AGENDA. A. Approve Minutes of May tt, 20o4 Regular Meeting. CC 060'1-04/129 H. Fina re Divi n of the Financial Services Department recommends payment of approved and atimaled bills for June 3004. C. Utilities Division of the Public Warks DepenmenY recommends the City Commission approve nn amendment to the existing contreet and purchase order with Prime Construction Group, Inc. in the amount of Sflfl,258.00 end authorize the City Adminis[retar to sign all epproprinte doeumenfa. Commissioner Maingot moved to approve Covsent Agenda Items A, B, and C Seconded by Commissioner Mderson and rvried by a unanimous roll call vote. 10. PUBLIC BEARINGS. A. The Planning Division of [he Community Services Depertmevt mends the City Commission epProve the Final Plat for LongwOOd Memorial Gardens Third RoPlat (SD 01-04) located to the south of Cantlylend Park w estebf h new cemetery plots. Mayor Bundy announced Agenda Items 10 A, 10 D, 10 E and I1 E are quasi-judicial herrings. Mr. Taylor announced having proof of publication. Mayor Bundy began reviewing the procedures of Ne hearings. Mr Taylor wnducted the swearing in of staff and Bai Peters ofDerryman & Henigar. Mayor Hundy wminued to review the procedures ofthe hearings. Mr. Miller reported this was the new plat to fit the long range goals of the cemetery, SteRrecommends approval. Commissioner Maingot moved to approve SD OI-04 es presented Item 10 A. Seconded by Commissioner Anderson and curried by a unanimous roll call vote. H. The Planning Division of the Depertmevt of Community Serviees ends [het the a'ry Com sad by title only,ew Jnne2t, 2004 az the Public Hearing datenvnd approve fn[ reading of Ordinance No. 04-1690 to moez (ANX Ot~Od) the property located at 2]5 S Bwy i]N2 into the Cily in order to fulfill autility/annexation agreement between the applicant vnd the City. Mr. Taylor read Ordinance No. 09-1690 by title only. CC W-0]04/130 Mayor Bundy opened [he public hearing. No one spoke iv favor or in oppos tton to the ordinance_ Commissionu Maingot moved to olose the public hearing. Seconded by Deputy Mayor Saokett end carried by a unanimous Commissioner Maingot moved to approve the frsr reading oC Ordinanoe NO. 04-1fi90 and set Juve 21, 2004 es the sewnd public hearing date. Secondetl by Commissioner Holt and carried by a unanimous roll call vote. C. The Plan ing Divi n of the Department of Community Services mends that Ne City Commission rend by title only, xU June21, 2004 as the Public Hearing date, and approve first reading of Ordinance No. Od-I691 tv annex (ANX 02-04) the property located at 205 5 Hwy 1'1/92 into the City in order fo fitlfill a utilitylannexation agreement between the applicmrt and the Cily. Mr Taylor read Ordinance No. 04-I69I by title only. Mayor Hundy opened the public hearing. No one spoke in favor or in opposition of the ordinance Com er Maingot ved to close the public hearing. Sewnded by Commissioner Holt and carried by a unanimous voice Com er Maingot ved to approve the frsr reading of Ordinance NO. 04-1691 and set ]une 21, 2004 es the second public hearing date Seconded by Commissioner Holt and rsrtied by a uvammous roll call vote. D. The Planning Division of the Department of Community Services mends that the City Commission read by title only, set Jvne 21, 200d as then and public hearing dot and approve first ceding of Ordinance Nac. 04-1692 far a Small Scnle Comprehensive Plan Future Land Use Map Amendment (SPA 0t-04) from County Commercial to City Commercial for the property located at 2'/S S. Hwy. 1]/92. Mr. Taylor read Ordinance No. 04-1692 by tide only. Mayor Rundy announced this was aquasi-judicial hewing. Mr. Miller reported this was the administrative duties ro bring the annexation m and wmplete the land use map. CC 06-Oy-04/131 Com er Meingm sued to approve the first reading of Ordi ansce No. 041692 and set lone 21, 2004 as the seond public hearing date for Item 10 D. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. E. The Planning Division of the Department of Cammuniry Services mentls that the Ciry Commission rend ny tine only, se[ June 2/, 2004 as the second public hearing date, and approve fmt reading of Ordiuanee No. 04-1693 for a Smell Scale Comprehensive Plan Future Lend Use Map Amendment (SPA 02-04) from County Commercial to City Commercial for the property located at 205 S. Hwy 1'1/92. Mr. Taylor read Ordinance No. 04-1693 by title oNy. Mayor Hundy announced this was aquasi-judicial hearing. Mr. Miller reported this was an administrative requiremem to change the Cuture land use map. Commissioner Maingot moved to approve the frst reading of Ordinance No. 041693 and set lone 2I, 2004 as the second public hearing date For Item 10 E as presented. Seconded by Commissioner Holt and career by a unanimous roll call vote. I I. RF.GULAA BUSINESS. A. The City Admi ends the City Commission reed by title only, and se[sJune 21, 2004 as a Oubli< hearing date and appro the tint reading of Ordinanre No. 04-1696, which grants a fivo-yearo Non-Exclusive Franchise for the <olleclion of commercial solid waste to Waste Services of Florida, Inc. Mr. Taylor reed Ordinance No. 04-1696 by title only. Commissioner Maingot moved to approve Ordinance No. 04-1696 at first reading and set June 21, 2004 as a public hearing date, Item 1l A as presented. Seonded by Commissioner Mderson. Deputy Mayor 38ckmt inquirW regarding the wording "granrso five yam ernnr:rrahmrnn;an,/o./naronam;nn Jenmmaremr.tnr;dwnare._~ and the termination dare of September 30, 200]. Mr. Drago advised this should have been for a three year period so that it on the same date as the other Banchise agreements. He advised m o~~a ~aanoe rtes the conen ems flame. Discnaaion was nom regaramg me Bannniae agreements. Motion carried by a unanimous roll call vote. CC 06-0]-04/132 a. ciy Clerk regnesta me City cnmmiasmn regrew and aiaenaa ma rurrent rates for Lony vood Memorial fnrdens. Ms. Mijares requested feedback from the Commission regarding the metery pricing She provided compemtive prices for both munidpallty and privately owned cemeteries. Deputy Mayor Sackett said he would liketo leave the resident ke alone and in a [he o asident fe to 51,500 in order to be more competit ve. He suggested deleting the baby non-residem fee Commissioner Maingot said he was considering 51,200 for non-resident rataF, but slated he could agree with the $1,500 fee. He agreed to leave the resident rates [he same Fle inquired if the city has experienced any attempt by funeral agencies to purchase lots in Igngwood Memorial Gardens. Ms Mijares smted this had not occurted. Discussion was held regarding funeral homes purchasing cemetery lots. Discusson ensued regarding rmsident versus non-resident pricing. Discussion was held regarding second interment pacing and the can of e cremat~ov lot. Com er Maingot suggested ra sing the non-resident rate and [hen re evaluate i a year as to how the tots are purchased Mayor Bundy asked [he City Cluk end Ciry Administrator to bring a proposal back to the Commission for review. C. City Clerk r¢commarids the City Commission approve the release of rved ce scary lots in Phase Hof l.ongwaod Mem rial Gartlens, place the r rved ce exery lots ov the market [or resale and approve the refunding options Ms. Mijmes advised the Provided list was for people who have reserved scary lots and the city doe of hav inform on for them She requested the Cammissionsepprove the release of reserved cemetery lots in Phase II, placing these lots on the market for resale. She requesed approval to allow two reiimdinK options: t) tocsins a fWl rePond oPtheir deposit and any payments made for those oometery lots held in reserve. or 2) put their deposit end any payments made for those cemetery lots held in wards the purchase of a n cemetery lot at the curtent rate as may be emended from tune to timeeW CC Ob-02-04/133 Discussion was held regarding placing a sunset for refunding of funds. Commissioner Maingot moved to accept the recommendation of the City Clerk end the sewed recommendation to put the deposit and any payment made Cor those cemetery lots in reserve towards the purchase of a new wmetery lot at the new rates and tNs option one year Dom today's date. Seconded by Commissioner Holtet Discussion was held regarding the attempt to locate the pwple listed. Commissioner Maingot said the only thing that has not been done is placing av official vohce to the paper. He amended his moron to tnolude porting a legal notice in the paper. Motion cartied by a unanimous roll call vote. D. City Admsnistrator ruommends the City Commission reed by title onty, set June 2J, 2004 u e public hearing date, end approve [he fink reading of Ordinance No. Oii697 which amends fees and establishes mwre ema and care reamamaa rot rental gene community Builtling. Mr. Taylor rud Ordinance No. 04-169] by title only. Commissioner Maingot moved to approve et first reading Ordinance No. 041697 and set Lune 21, 2004 as the public hearing date. Seonded by Commissioner Holt end carried by a unanimous roll tali vote. E. 7Te Planning Division of the Community Service Department mends teat the City Commission review Site Plen SP 10-00 for tM1e placement of a portable school room building on NortM1lend Community Church's property a1530 Dog Track Road, consider allowing the plecemevt of the portable building for a puiod o[one (1) year, with tM1e possibility of up to four (I) one(1}year utensiovs, and consider n request to waive site plan application roes. Mayor Bundy announces this was a quasi-judicial hearing. Mr. Taylor wnducted the sweating in ofDale A. Bmket and Josh Hunter representing Northland Community Church. Mr. Miller said part ofthe expansion for Northland Community Church as then educational facilities. they have submitted a site plan requesting e temporary facility for education. He reported this meets all city requirements. He said stat£anendad a homeowner's association melting CC 060]-04/134 for Columbus Harbor and this was well received. Notices were sent out. They are requesting e waiver of foes of SI,000. Commissioner Nolt inquired why [hey have requested waver off s. Com er Maingot asked how this would impact upon their proposed modifloations to their new site plan- Nr. Millar said thus was vo impact bavause [hat could move forward while they utilize [he temporary t§oiliry_ Commissioner Holt asked ifthis was for a one year period with one year extensions coming before the Commission for approval. Mr_ Miller responded in the affirmative. ]osh Hun repres eofNOtthland Com niry Churoh, said the ohumh evncipetas the teanporary building being present only one year until thewmple[ion of the next phase oftheir covswction- Comm~ss~oner Holt inquired about the new sewer lines. Mr. Drago said they will probably do av agroement whoa all these issues ring regarding the new building and removal ofthe temporary building Mr_'I§ylor said this iwith prior COmmIS6lOn action ~n rvfareow to the Charter Sohool[~ Mayor Bundy said the explanation for waiver of site plan fees was explained in the material provided. 'the church is developing new plans for [he property and they will be paying site plan fees at that time. Mr. Hunter oovfirmed this was the reason Poi the site plan fee waiver raque t. Discussion ensued. Commissioner Anderson moved to accept the placement oPa portablebuilding for a period of one (I) year with the possibility of up to tour (4) one (1) year ex[avsion~ Seoonded by Commissioner Maingot and cartied with a unanimous roll call vole. Com ar Anderso ved to a the s to plan f 6r the (oast on of the portablk contingent upon the main vita plan and the Ra being paid within the next ninety (90) days Seconded by Commissioner Flolt. CC 06-0I-OA/135 Mayor Bundy wnfirmed if payme treserved in ninety days they will owe the fees for the first site plans m Motion cartied by a ihr /two roll call vote with Mayor Bundy, Commissioner Anderson end Commission Hoh voting aye and Deputy Mayor Sackttr and Commissioner h1aingo[ voting nay. F. The City Clerk recommends the City Commission read by title ~~ly, and set June 31, 2004 as a public hearing date end approve the Bsst reading of Ordinance 041696, which changes the adminis[ntive servmes fees for copying city records and documenb. Mr Taylor read Ordinance No. 04-1698 by title only. Commissioner Anderson moved to approve Ordinance No. 04. 1698 at firs[ reading and set June 21, 2004 es fl public hearing date. Seconded by Commissioner Maingot end carried by a urunimous roll call vote. f2. CITYATTOIWEY'S REPOkT. A. Campaign Billboard for Bill James. Mr Taylor reporter an issue has came up regarding signege. He advised the Commission had before them the section of[he modes applicable to sign regulations. Sec[ion 6 60 ofthe code references temporary signs which would include political signs. He said this section ofthe mode requires political signs be placed after a candidate qualifies for election. He acknowledged that a candidate for Seminole County Commission had placed a billboard sign on Slate Road 434 near Rangeline Road_ An issue e whether this can be placed there, in light ofthe requirement that political signs can be pieced ovly after a candidate qualifes. He advised he had provided a legal opinion to the city that a sign on a bit Iboard would be allowed because the requirement ofplacement after qualifying is under the temporary sign section of the mode, Billboard signage is under subparagraph 6.5. t(b) ofthe code. He advised First Amendmem rights would prevail as to allowing a candidate to use a billboard to post their ad. Mr. Taylor reported the city has allowed the financing of the sewer impact fees to various businesses emonizing over a period oftime. He said First Baptist Church ofl,ongwood is refnancing and has requested the city to sign s subordination agreemens. He advised that he did not see a problem with this az it is a typical business artangement. He had requester to w the agree and the wording implied foreclomre would wipe o Ihe,sewer impact I ant. He advised that Florida Statues preserved the sewers impact lien and it wWd not be eliminated- He advised the city holds e statutory lien and would not be willing to forgo this. CC 06-0]-04/136 Comm er Andereo inquired iPNas impact lien as against the property51mt the owner, and would remem with the property. Mr. Taylor responded in the affirmative. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Bundy adjourned the meeting at 9:Ibpm. Rnyt6f dwv K ~C7TMay~- ATTEST: 5~~~ Sarah M. Mijarea, City Clerk CC06-0]-04/13] 't'his Page Left Blavk Infu~fionaliy. cC oe-m-oan is