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CCMtg09-08-03MinLONGWOOD CITY COMMISSION LongwooU City Commissiao Chambers 175 West Warren Avenue Longwood, Florida MINUTES SEPTEMBER 8, 2003 ]:00 P.M. Present. Mayor Dan Anderson Deputy Mayor Steve Miller Coo~o~iesioaer Dutch Bandy cnmmissroaer ram Loveao-ana Coo~missioner Jabn C. Mningot Richartl S. Taylor, Jr., City AROrney John J. Drago, Ciry Administrator Sarah M. Mijares, City Clerk Pa[riek Millor, Interim Director of Community Services Jay Sargent, Planning Division Manager Carol Rogers, lmerim Finance Director Tam Jackson, Police Chief Lioda GoR, Deputy City Clerk L CALL TO ORDER. Mayor Anderson called the regular meeting to order al ].0] p. m. 2. Amommit of$R.ENT MEDITATION was followed by TRF PLEDGF,OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. The following annonnoement wes made A. A Blue Grnsv 13'ckin' will be. held on September 20, 2003 tram 6:00 p.m. mil 10:00 p.m., Longwood Community building, 200 W est Warren Avenue. 0.. RECOGNITIONS. A, Distrim q2 Presentation of the business Person of the Manth Award for September 2003 tp Merrill Schrimseher of Precision Autooto[ive, located at 168 East Palmetto Avenue. Mayor Anderson deferred the preson[ation to a later time. 5. DOARD APPOINTMENTS. CC 0908-03/5]6 A. District#2 Nomination to the Board of Adjustment. Mayor Anderson nominated Marc Mcl,amon, 628 P. W ildmere Avenue. Nomination caried by a unanimous voice vote. B. District #I Nominatim~ to the Board of Atljuatment. Commissioner Maingot nominated Abigail Shoemaker, 8]] Woodgete Tmil. Nomination carried by a unanimous voice vote. G District#S Nomination to the Land Planning Ageney. Comm~ssmner I,ovestmnd deferred his vom~nenoa fi. PUBLIC INPUT. A. Public Pariitipation. Kevin Huse. 813 Maraval Court, stated he has been experi cing flooding ev ce the neighbor living behind him at 22] Heather Ave aed a pool. He s ated hen only has experi need flooding iv his yardsbut on three a s also exper e[nced Flooding in his housz He stated he hired a profssional surveyor and the yard behind him was raised 30 to 36 ivehes- kle passed out a drainage study. He.nated that the sewnd time his property Flooded, a gentleman from the city stopped by and called out other staff members to assess the situation. He stated a Swale was put in and on the 31" of tiny his property was flooded again. He asked for he1D regarding the water wming onto his property from the adjacent property. He stated he was reluctant to accept any grading of his property as he had a wncem regarding devaluation of the property. Mr. Drago advised Mr. Huse to give his name and number to [merim Community Serv ces Diremor Miller and he would have the airy angineus evaluatethe problem. Roben A. Field 241 W. Long Creek Cove, expressed concern regarding the new garbage collection and the sizeof the new containers to bo used. Fie asked if there had been any wnsideration given to those who cannot handle the 95 gallon s. lie also elated he understood there would be two wvteinere for recyclecr Mayor Anderson stated the new containers were on wheels, making them lighter and easier to maneuver than standard garbage cans. He stated the vendor hoe expressed a willingness to work with horn individual bas s. He advised there is a smaller 50 gallon container and theyawn contact the vendor if they f nd they have difficulty with the larger conainer. hie advised [he recycle schedule would remain the sameas previous. '/. CITY ADMMISTRATOR'S REPURT Mr. Drago gave an update on the Highland Hil Is project. He stated the engineer had ohacked wi[h [he Water Management District and they will require permits Por all the to be addressed. He repotted the design plans are being worked on for the pumping system in the retention pond. He further reported that Rangeline Road would be evaluated to determine if any problems raced to be addressed. 8. MAYOR AND COMMISSIONERS'REPORTS. Distriet N5. Commissioner Lovestrand stated he has served the City for ten years and raced he would not be qualifying and tunnin6 for Commtssionu in the upwming election. Distriea Hl. Commissioner Maingot.cated the airy is always looking for grant oney. He stated inthe St.]ohn's Water Management brochure on pegetwq these nicles ring applica rebeing accepted for Florida Rec Oevelopmenl Assistance Program ntil September 13, 2003 for m Cunding request for 5200,000. He stated the funds may be used far developmenmor acquisition of land for public outdoor recreational purposes. Comm er Maingot also thanked Tom Smith and the Public Works Depattmam 4or expeditiously responding w requeus end doing a tinejob. District M2. Na report. District N3. DepuTy Mayor Miller thanked the Streets Uepanment for responding quickly to fill in a large hole on the road that he lives on He inquired regarding the paving schedule for Oak Street, Oleander Streit, and Jessup Avenue. Mr. Drago reported opts-consuuttion conference has taken place with the contranor Por lessup Avenue. He stated the contraGCr would be given a wmmencement order and work would be stoning by the end ofthe month. He stated that Oak Street and Oleander Street are scheduled to be paved neat fatal year. District 4<. Commissioner Bundy stated he had received several calls Isom employee regarding the healN in a Hesuggested having the employee more involved n the future by having representatives sit in during the evaluations. Mr. Drago stated there would be a health insurance committee next yea serving on an advisory basis. Com er Dundy stated he often attends some ofthe various board mettings. He ated has endan rat Cade Bnforc m Board m sting when a propmry owner was cited and told to obtain a sits plan for work being done on their property. }{e s aced the t as filling in s that washed away by the r however, as n tamed outethetcity had a water leak that had caused the ground to alter. Com er Bundy moved m ask the City Admi work with the -oopetty ow end look in whuhor hei audsa ate plan. Seconded by Deputy Mayor Mil lu to Mr. Drago asked Commissioner Bundy to give him the propenY owner s name and phon umbu and ha would have the Direuor oPCommunity Services oontau him to handle the issue. Disoussion was held whethu the Commission Fad the authority to overtule a quasi- judicialbody. Mr. Taylor advised the Code Enforcement Bomd could not be overmled. How within the Commission's authority to bring up an or problem qua nthe way it was being applied, and requesting the city reuify a situation that appears to be impropody implied. He advised with the additional information received, it would justify the Code Enforcement Board bringing the case back bePorethem Deputy Mayor Mil lu stated it appears the city is aware of the situation end is working to reaify it; therefore he withdrew his sewnd. Commissioner Bundy stated he would like to see the directive come from the Comm n. He orated his rrule the Code Enforce nt Board, but to work within the Plana ng Departmenttro make sure it is complied with Moti ondW by Commissioner Maingot and carried by a 9. CONSF,NT AGENDA. A. Approve Minutes of August 11, 2003 Special Meeting and Augnst YR, 20(13 Regular Meeting. 6. Finance Division o(t11e Financial Services Department recoollneods payment of approved and a[imatW hills for September 2003. G The Engineering Division of the Community Services Department mends that the City Commission approve.a Change Order nDeciting Purchase Orders No.'s 00981'1 and OU9R(B with Professional Design Association (PDAJ in the amoont of 325,000. Deputy Mayor Miller moved to approve the Consevt Agenda es submitted. Seconded by Commissioner Maingot and cartied bye unanimous roll call vote. CC (5AA-03/5]9 10. PUflLIC HEARINGS. A. City Administrator rernmmends fhe City Commission real by title only and adopt Ordinance. o3-t6t0 which declares [hat an emergency exist in the Highland Hills and The Landings Subdivisions due to severe hooding, wing the competitive bid procedures and increasing the purchnsing authority of the City Administrator. Mr. Taylor said he had proof of publication and reed Ordinance No. 03-1610 by lisle only. MaYOr Anderson opened the public hearing No one spoke in favor The following spoke in opposition Kev'n Lees 329 Loch Lomond stated he understands there is a temporary ttz n the works at this e. He statetl that Commissioner Maingot has been very helpful in this whole'situation. He stated [he pipe in the ground was not stalled eu egly, which is why lha water is not draining to the retention pond. He s used while a ump pump was placed in his neighbor's back yard to help elloviate the problem, this neighbor is Paying for and supplying the elemriciry to nin the pump- Mayor Anduson explained tM1at the Ordinance befm'e the Commission at this me provides oppeed up thepmcess and shorten the leagth of time to address theeesueseomplotely. Nadine "rolos Highland Hills Subdivision, stated she was for fixing the problem, but fxing it right. She stated she spoke to a former city engineer regardinS this e. She s used that when rm drain pipes oe put euly shay allow to drai othesyards She stated that one neighbor had to call their insu anu company because of mold and mildew in the back of their house ghe discussed the retention ponds and hot concerns about them being left open and children playing in the polluted water She stated [hat eral of the neighbors have no[ had any flooding since the new pipes warn SnvShe stated that the angle ofthe pipe going into the retention pond needs to be checked becausents not allowing thedmioage into the pond. She stated the city has an obligmion w the property ownus to keep them inPormed of what they are doinK around their property. She read a tenet into the rewrd fiom her neighbors Patsy and Donald Rodgers. She asked the Commission to think carefully and stated the city does not need to move backwards. Mayor Andcrson roiterated that the Ordinance being discussed is to declare an mergency existing in Highland Hills and The Landings due to soverc Flooding and in order to address the issues the wmpetitive bid procedures will he waived increasing eha purchasing authority ofthe City Administrator on CC 09-OAb3/Sa0 this project up to 5250,000. Fie stated this is not the venue to deal wish how the problem is going to be solved. the only issue at hand .s to speed up the process so the problem can be addressed. Comm er Lov and moved to close the public hearing Seconded by Commissioner Bundy and carried by a unanimous voice Commissioner Bundy moved to adopt Ordinance No. OI-16]0 declaring an emergency exists in Highland Hills waiving the ompetitive bid procedures and increasing the pumhese authority of the City Administrator. $ewnded by Commissioner Maingot. Commissioner Buvdy slated rhis is not the time to address she speoifes; the engineers will bring the Vlan back before the Commission for review- Commissioner Maingot stated regarding the sump pump being placed in a property ownei s yard Ihat he had met with the proputy owner end they were very eppreciahve ofthe etTorts being made- He stated he was wndden[ the city would address this situation properly and to the beg ivtueaea of the residents. Motion carried by a unanimous roll call vote. 6. City Administrator rerommenda the City Commission refld by title only, set September 22, 2003 as a public hearing dflte, mId approve the first reading of Ordinanre 03-ifi]2 whicM1 fixes [he rate of ad valorem taxasion for the fiscfll year commencing October i, 2003 and ending Sepsember 30, 2004. Mayor Anderson read the following statement: The lax rate being proposed for FY 2003/2004 is $4.G]00 per 81000 ofnon-exempt assessed valuation. Said rare is 304 percent higher than the roll back rate of $4.5324 per 81000 of non exempt assessed valuation as computed by F.S. 200 065. Mr. Taylor read Ordinance No. 03-16]2 by title only. Mayor Andarson openul the public hearing. No one spoke in favor or opposition. Deputy Mayor Miller moved to close public hearing. Seconded by Comm~sgoner Maingot and carried by a unanimous vome vote. Deputy Mayor Miller moved to adopt Ordinance No. 03-16]2 and sal September 22, 2003 as the public hearing date. Sttonded by Commissioner Maingol. CC 09-OB-03ISNI Commissioner I.ovestrand staled this is [he same tax rate that the city has rrently- Ha stated there would be a legal edvenisement in the paper that w 11 st to NOtl eof Tax inc a-Her ated that of being eased, but the uiy will beaeollecting more taxes because of en expanded taxrbase Commissioner Maingot Doted the tax increase is based on the increased evaluation ofthe properties. Motion carried by a unanimous roll call vote. C. City Administrator recommends fhe City Commission read by title only, sU September 22, 2003 as a pnblle hearing date, and approve the first reading of Ordinance 03-16'13 which establishes revenues, expenditures, and fund balances for the City's fiscal year budget ommencing October 1, 2003 and ending September 30, 2004. Mr Taylor road Ordinance No. 03-Ib'T3 by title only. Mayor Anderson opened public hearing. No one spoke in favor or opposition. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Bundy and carried by unanimous voice vote. Cora m Maingm oved m approvethe first reading of Ordi ansm No. 03-16]3 and set the public hearing for September 22. 2003. Seconded by Deputy Mayor Miller. Comp er Lov and stated he mold no rapport the Ordinance. He stated it was time the trend of spending slow down- Cora er Maingot stated it was clearly pointed out in the proposed budget by the City Administrator there were cenein rxuoiel areas to be addressed. He stated there have been a number ot'projects that had to be taken on end brought to a completion. He stated he does agree the city needs arch how the dollars are spent but, at the same time, there is an increased level ofservice being provided and expenditures are being held. Mayor Anders aced as w he does agree with Com Lov rand thatn nay ce to be span at this o the long to and m a balanced budget w i'hou sing lax s He seated there has ~ bee aalot ofm nay seen to pav miles ofdirt Dads which have bee asked for by the Com and the residen s ofthe city for any years. He s ated thefunding used to pay for this' nay se aside speafically for that purpose- He stated that Community Development Blook Oraols have also been pursued to help oflse[ roars of some projects He stated there is also a CC 09-08-03/582 dediwtetl fund for the sewer and drainage projects He stated the two items where money is being taken kom the General Reserves are to address the parks and the rebuilding of Fire S[atiov #17. tie slated the Master Plan for Perks has been developed ands meline and then ethers to help with this capital expenditure. Hetstmed he was pleased that the plan for the fire station addresses the offiw needs for public safety. edditioval community sting room space, anA it will improve the park that is present as well as supply apace for the IirefigMere to stay. He stated the Commission made e eral years back to take to a ofthe employee end bring the salary and benefit packagei wmpeti title stated the oity s spending on the right tli ngs and making improvements to the wmmunity that will last. C m ner 6vndy stated he had some specific questions, Ont he would address these with the City Administrator He concurred with the Mayor's t ofthe budget. He sated the Com tared a Corenaggress vo paving program end it' tying POrward.H wted then recurzing expenses do need to be momtored~o Motion carried by a four/one roll call vote with Commissioner Lovestrand voting nay. tl. REGULAR 6USINESS. A. City Administrawr recommends the City Commission read by title ony, set September 22, 2003 as a public hearing tlate, and approve the first reading of OMinance o3-Ib]I nmending the adoption agreement for the polite and fire righters retirement plan. Mr. Taylor read Ordinance No. 03-Ib]l by title only. Mr. Drago introduced the beard item and stated this was the pension plan. He sated rhea ns desired improv oche pen on benefts. He Hated this Ordine slhe result and combination of mvltiplo meetings and direction from the Commission to amend the Pension Plav Cor Fire and Police Deputy Mayor Miller moved to pass Ordinance Na 03-Ib]I at first reading and su September 22, 2003, as the public hearing detz Seconded by Commissioner Maingot and carzied by a unanimous roll call vote. 8. The City Administrator recommends that the City Commission approve a Class A Special Evenl Permit to the Central Florida Society for Historic Pre>erva[ion for the 2]'" Anmml Longwood Arts mtd Crafts Festival with provisions. CC W-0BU3I583 Mr_ Drago Hated slat£had met wish representatives of the Cenral Florida Society for Historic Preservation. He stated the Commission had before[item the stipulations for the permit. He na~od thetacopy of the plan had been provided to Reverend Knox who will meet with rho Gdu Board_ Ito mended the Commission grant the Class A permit to the Cenvei Society for Historic Preservation. Deputy Mayor Miller moved to approve the Class A Special Permit to the Cenral Florida Society t'oe Historic Preservation Seconded by Comm~ss~oner Maingot. Com ar Rundy slated in the Pasl they have peiU the invoice amoun~for Police,IFSre and Public Works personnel. He asked what they got for the 59,21250 other than the right to close the nrett. Restated the Festival does bring income to the store ownus_ 11e Hated hewould liko to see rho booth fee waived for the festival. Commissioner Duody moved to waive the booth fee Poc the festival. Motion did not tarty for lack o(a sewnd. Motion carried by a unanimous roll tail vole. C. Finance Division of the Finaocfal Services Deparament rerommends the City Com n adopt Resoh~lim~ No. 011080, certifying the annual -ad valor roll to the. Sem note County Tav Collector for placement of non ad valorem assessments on the 1003 tae bills. Mr. Taylor read Resolution No. 01-1090 by ~i~le only. Deputy Mayor Miller moved to adopt Resolution No. Ol-I080. Seconded by Commissioner Maingot. Oepuly Mayor Miller asked Mr. Drago, with regard to this assessment, if it was for the next final year. Mr. Drago Hated this assessment was for the work that had already been ompleted this fiscal year. He stated Jessup Avenue would not be assessed until next fatal year. Motion cartied by a unanimous roll wit vole. D. Mr. Jonathan McGrath requeafs the City Cammiasion hear a presentation regartling his site plan for 1691 Powell Street. Commissioner Lovestrand said he had a point of order and, according to the rules and procedures. he stated if Mr. McGrath wants to have a hearing. he has to go CC O9-aN-0'i/sRa before the Comm and get perm to be placed on the agenda. He said he had m Quad this before them ring e'od Commtse~oner Bundy said ha is putting this nem on the agenda. Commissioner Bundy said he had requestM Mr. McGath be placed on the agenda. 2Q~fign Mc~~, 1681 Powell Sveet, stated he had requested information on this property fiom the city prior to purchasing it. He stated the property prey usly was being used as cial office andw sadvertised in the MLS listing asaCOmmercial OrTCe Building. He stated afterapurchasing the property, they applied 1'or and obtained a permit to do wme repairs to the property. He rated they late applied for pother perm complete a additional work to thepropertyandw ro denied Hestatedtheym with tl encityandw informed they were opuating a commercial business out ofa residential house and would need to do a site plan and various other improv order to legally opera ut of the building. He stated that they had been awarenhat they would have to do to plan and complete endow umber of improv s they would hav vet purchased the property. He stated he did 6o to coon with the peoplewhue sold the property. It was determined the city was an imervening source of 'inform and the sellers were not held responsible. He stated rte did obtain an egension fiom the uty and was advised the Gty had adopted new codes and he would need to update his site plan. lie stated he purchased the building in good faith, and obtained inform on fiom the city in regards to what they could do with the property- He stated the amount o[work that would have to be done to omply with the new code standards was an emotional and fnancial burden. He asked that the city work with him to work out a solution that would be mutually beneficial. Comm or Maingot sated hew in {hvor of working with the business unsityn He stated he would likeadte city to address this difficult issue and amve at a resolution t a proper measure without comprising plans for review. Commissioner 6undy stated he has talked with Mr. McGrath regzrding this issue. He stated the property was purchased in 2000, at which time the oily was just beginning to w the Land Uevelopment Code. It w aced that any applica m ng in prio o Iheapproval of the Land Uevelopment Code ould be under the old code, lie .noted that when Mr. McGrath purchased the property it was under the old codes. He steed that based on the time frame of s, he advised Mr McGrath it would be best to bring this before the Commission. Deputy Mayor Miller steed Mr. Sargent had advised people of the new code a year prior to it being passed. He stated that Mr. Sargent has been very helpful with regards to working with people helping them come into compliance with the new code Ha stated he was not certain this was the proper venue for this issue. CC 09-0R~03/SRS Mr. McGath stated he has with Mr. Sargen multiple times and the last sting he was told he had no option but to comply with the latest wde mandards. He stared when he purchased the property there afully operational roofing tympany in the building He stated he obtained his wmmwoial ccupational license without issue and the first permit without issue. He stated that ha had not applied for the second permit, he would be operating out of this proPOrY withou<anY glitches Deputy Mayor Miller asked the City Altomey if the Commission had the right to manage this site plan Mr. Taylor Hated Mr. McGmth is not presenting this as an appeal. He is only asking for me direction based on his staring poor to [he new land code going mto effect. Ueputy Mayor Miller moved the City Commission allow Mr. McGrath me foxibility in his to plan since his procedure began before the mplem nofthen wde and in mct [he City Administrator to have staff allow some Flexibility w bring him into compliance. Seconded by Commissioner Wvasuend_ Com er Lov and stated there any issues to be dealt with. He suggested allowing mulch for a percentages ofthe parking in lieu of an all paved Mayor Anderw aced there appea to have bee a lot of m He asked Mr McGrath what he objected to in thennew node that I o did,not'want to conform to. Mr. Sargent Hated the occupational license appliN for in January 2001 was a hom crupati n. Ha stated this was handled as nsfhr fion ring bus whom wupati nal lice wli~chaishow tappeae on Mr. McGnth~~applicalione He reviewed the site plans and how they differed- Discussion was held regarding the site plans- Discussion was held regarding the landswpivg, retention, and parking. Mr. Sargen) stated the plan called for muloh drive and parking. He pointed out there me differs orbs lendscapeiequirements He sated it was artently zoned commercial. Mr_ McGrath Hated he would liketo put in gravel and have some leeway with the landscaping for defining the property. He statM if the gravel was allowed,then there cold be no need for the retention. He said he was jus asking for some latitude. Mayor Anderson asked Mr Sargem ifthe old code would satisfy the issues. Mr. Sargent responded in the affirmative. Mr. Taylor stated Mr. McGrath appears to be willing to ao something in between and rather than going back to the old code there mould be some compro e. He stated the Commission could stipulate bringing this back before approv n'g. DePntY Mayor Miller amended his motion to allow staff the Flexibility w the plan under the old mode and the plan is to come back before the Commission for final approval. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 12. CITY A'TTORNEY'S REPORT. Mr. Taylor repotted the[ the Mayor had been served with the Florida Recycling lawsuit. He stated be would be responding to this suit within twenty days- He recommended the city ooosider filing a counter olaiirt Discussion was held regarding f ling a mounter claim. Mr Taylor stated this decision mould be made at a later dace, but he would end tiling oleo ralaim Nes ated he would be tllinge to Oiemiss the~law and, ifthe dismissal isgramed, then there would be no eed fora countu claim Deputy Mayor Miller moved to cot pors r claim until it is detumined how the motion to diemiss turns outunSeconded by Commissioner Maingot and tamed by a unanimous voice call vote. Mr. Taylor reported an issue has surfaced regarding an application for an ccupazional license for an adult game room. He stated he had just begun i veatigating thie issue 1{a statod apparently, it is set uD likes casino whero there ie nay but tickets warded that xchanged for ptiz s. Ile s ated me c~tr of sanfora p exec a eea,e~~s ~ne=a e_ He ca~iaea ttnm mergency ordina cold be appl cable. He stated one'Derson has applied for a permit and the eniergencY ordinance would put this on hold while the legalities can be inv s[igated. Discussion was held regarding an emergency ordinance or issuing a moratorium. Mayor Anderson stated the wnsuisus was to hold a special meeting for the OuROSe of an emetgency ebmance cc ~~nanvsa~ 13. CITY CLERK'S REPORT. No repott- I4. ADJOURN. Mayor Andumn edjoumed the moeaing at~944 p.m I/p.-.vs/ ~ /--` Daniel J. Anderson, Mayor ATTESTr SaraF M/.. Mijares This page 1 ~ blank intenlionnlly. CC 09-a8-031iA9