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CCMtg04-21-03MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MfNOTE6 APR[L 21, 2003 7:00 P.M. Present: Mayor Dan Anderson Deputy Mayor Steve Miller Commissioner John C. Maingot Commissioner Butch Bundy Commissioner Paul Loveslrand Richard S. Taylor, City Attorney John J. Dragq City Administrator Sarah M. Mijares, Ciry Clerk Richard Knrnbluh, Division Manager of Utilities Tom Smith, Division Manager otStreets/Fleet Terry Baker, Director of Public Safety John 6rocly Director of Community Services Monica Mitchell, Director of Financial Services L CALL TO ORDER. Mayor Mderson calledaregular meeting to order at J:00 p.m. 2. A moment of 6ILENT MEDITATION was FOLLOWED BY TtIE PLEDGE OE ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. NO announcements wart made. 0. RECOGNITIONS. A. Dishict k3 Nomination of the 6nainess Pereou of the Moo[h for May 2003. Depwy Mayor Millar oomivated Bob C.tttee of Cottce Towing, bested at 245 Orange Avenue as Dnsiness Person of the Month for May 2003. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. No appointments were made. 6. PUBLIC DJPt/T. CC 0421-03/380 A. Public Participation. Dorothy L Frv, 105 Shady Lane, refetrN to her casethat was brought before [he Codes Enforcement Aoard and inquired if the City Commission could overturn the Code Enforcement Board's Decision. JoM A. Alackstock 100 Dog Traok Road, addressed iha Florida Power issue and requested a status report Gom [he City Commission on the progess ofnegoti Woos with Florida Power. ]. CITY ADMINlSTRATOR'9 REPORT. Mr. Drago said he receivN a call fiom Channel 9 News and they were out video taping the medians on County Road 42] south. He said if the City Corn n approv s the two items on Ne Consent Agenda relative to the medians on County Road 42] north, Channcl 9 will mn a report at 11:00 o'clock regarding the median improvements beivg matle in the city. 8. MAYOR AND COMMISS3ONER5'REPORT. District Nl. Commissioner Maingot noted that posxiblya new addition known as Sonic Drive-In America would bejoining the Walgeen's property. He said this facility is a new drive-in facility with 1,910 square feet ofrestawant space. He said this is anaher development that will enhance the city. Commissioner Maingot said on April 14'", he anended the City of Ceeselberry's meeting and presentations were given by various eltthicity providers. He notes Kissimmee Utilities AuNority, Orlando Utilities Commission (OUC), and Florida Power/Progress Energy were in anwdmice at the meeting. Commissioner Maingot noted that Progess Energy is in the process of setting up coordinators within fie c unity ro onduc inform rings. He said with that mind, the city needs to organize and setup meetings through the homeowner associations m give people the facts. He said giving people fhe facts will help the people in their daixion making proc which will be theirs. He wanted to get ce from [he Commission and have the City Admivixnator covtae[ publ c relations individuals, who could Uavelop a doeumont updating the community ming Florida Power. He said the document can be used by Commissioners when speaking at the homeowner associations meetings and they can address the issuespertaining to Florida Power and answer any questions the residents may have. He added saying he would Tike the City Administrator to include azcurete infoimativn that is simple and eRecuve. Commissioner Maingot moved to have the City Administrator make contact with public relations individuals and see what Ne wst would be to develop a one CC 04-21~03/38t page document updating the community concerning Florida Power. Ne eddaA this document can be used by the Corn when speaking to horn and the i will be brought Ponh to the Commission f'orns disc at the next City Commission meeting. Seconded by Mayor Anderson. Each Com expressed his regarding the dow nt that would bo developed anA the issuesciha dowment would address. Motion earned by thrWtwo voice vote, with Mayor Anderson, Cornmiseions Maingot and Commissioner Bundy voting aye, with Deputy Mayor Miller and Commissions LOVanrand voting nay. District N2. No report. District p3. No report. District Hd. No report. District p5. No report. 9. CONSENT AGENDA. A. Approve Minutes of the Mmch 24, 2003 Work Session and April >, 2003 Regular Meeting. B. Fin ce Division of the Finanrial Services Depart ends payment of approved and estimated bills[ for Apri12003. C. Finance Division of the Financial Services Department ends approval of the MonNly Financial Report for Marnh 2003. D. The Property Maintenance Division of the Public Works Department recommends the City Commiseloo approve the purchase orbri<k pav rx for landscape impro nthe median orth Ronnltl Reagan Bmdevard to Harwood Brick Orlando in the amount of 538,59>.I3 and authorize the City Administrator to sign the Purchase Order. E. The Property Maintenance Division of [he Public Works Department recommmttls the City Commission appro purchas ostler for the inxtelWtion of brick pav rs larva landscape Improvements in the medim~s oo north Ronald Reagan Baulevflrd to Thornton Park Construction in the CC 0421-0]/382 t of 550,]96.38 and autnorize the City Administrator to signt~he Yurchnse Order. F. Vtilitips Division of the Public Works Department recommends me city emm~da.inn annrn~e ote pnrena.e amer m me unl of 5131,216.00 to Barnes Ferland anU Associates, loc. far Nu design, permitting, balding and constrnctlmt administration of the Eas[ Pine Avenue Sanitary Sewer Extension, Longdale Sobtlivision AC Warer M1fain Replacement, McDanalds Lift Station Modifications, and Mllwec Avenue- SR Gad Smti[ary Sewer F.xlensians and uthor ethe Gry Adm nietremr [o sign the purchase order and other appropriate doeuments. G. The City Administretor reeommends that the Ciry Coin n appro r of Application Fees fur the Ann xations and Comprehensive Plan Amendments (Small Seale)in mrdancewith Seetion 2-16i Fes Sehednle of the LongwoodcCity Code for the following application numbers: ANX 0]-02 and SI'A 01-112, ANX 08-02 and SPA 08-02, ANX 01-03 and SPA OI-03, ANX 02-03 and SPA 02-03, ANX 0}03 and SPA 03-03, ANX 06-03 and SPA 00.03, ANX 06-03 and SYA 06-113, ANX 0]-03 and SPA 0]-03, ANX 0&OS and SPA 08-03, ANX 09-03 and SPA 09-03, AN% Id-03 and SPA 16-03. B. Street/Fleel Division of the Public Works Department mods tho City Commission approve a purchase order in the amount of 53'/,]21.00 to Briggs Equipment fora Case 85XT Skid Steer Loader with attachments and authorize the City Administrator to sign the purchase order. 1. The Engineering Division of the Community Services Depart ends that the city Commission approve Change Orders~n the amonn[ of 3120,215.62 to Ceat[ral Fmriaa en. mat carp. rot ate east warren AvenuelLakeview Drive (portion) paving anA improvements proiea. Commissioner Dundy moved to approve the Consent Agenda as submined. Commissioner Bundy amended his motion to approve Consent Agenda Items B, C, F, G, FV end L Seconded by Deputy Mayor Miller and carried by a unanimous roll call Com er Maingot toted a few changes that needed to be madeo'nsthe Apcil ], 2003 Begular City Commission meoting CC 04-21-01/l63 s. lie said ne.vpoke to the City Clerk prior to the melting regarding the changes to be made. Disc ueA with regards to the proper procedure of making changes ~o iha minutes end bringing forth the minutes 1'or the Commission's approval. Commissioner Bundy moved to table the mnntes oPApril 7, 2001 Regular Ciry Commission meeting, have the City Clerk review the tapes of the meeting, and bring forth the at the n xt Com ring. Seconded by Com er LOVestrand and carried byaunanimous Commissioner Bnndy moved to approve the minmes of March 24.2003 Ciry Commission Work Session. Sewnded by Com loner Maingot and tamed byaunanimous roll nett vote. llepoty Mayor Millis said on Septunber 30'" the City of Longwood and Seminole County entered into an Interlocal Agreement to landscape and beautify the medians on North Ronald Reagan Boulevard and inquired if [he city was going to be reimbursed them nay spent. Mr. Drago responder and stated the project was broken down to a st of $250,000 for the south section and $285,000 for the north n He added the Commission has approved the contract wi[h Vella & Son Por the major wretmction and irtigation_ He said these itemv provide for theiabor and bricks for the beautiflcatioo Deputy Mayor Miller moved to approve Consent Agenda Items D and E. Sewnded by Commissioner Bundy and cartied byaunanimous roll call vote. 10. PUBLIC HEARINGS. Ii. REGULAR BUSINESS. A. City Clerk remmmeods the City Commission read by title only, set May 5, 2003 [or the Suond Pnblie Hearing dare, antl approve the First Reading of Ordinance 03-163] amending the Cemetery Fee SchWole. Mr.'Caylor read Ordinance 03-163] by title only. Deputy Mayor Miller moved to approve Ordinance OI- 163) on flret reading and to schedule a public hearing for CC 04-21-031384 Mey 5, 2003. Sewnded by Commissioner Dundy and carried by a unanimous roil call vote. 6. City Clerk recommends the City Commission atlnpt Resolutimt 0}IO]0, nmeoding ao In(crlo<al Agreement with the Seminola ConntySuperv rpC Elufipos to provide for the iatuaoce of flhsen ee ballotssfor fill City elections by tl,e Snpe,visor of EluYlpns. Mr'1'eylor read Resolution 03-10]0 by title only- Corn er Maingot moved to approve Resolution 03- 10]OmSeoonded by Commissionw Lovestrand and tamed by a unanimous roll call vote. C. Deputy Mnyar Miller reqursts [he City Commission Uiscnss the Reiter Park Master Plan, Deputy Mayor Miller said he would like pu, a skate park in the City of Longwood. He said the government grant has been reduced to $6 million end this would allow for only 20 [0 30 grants to be funded. He said the City of Longwood is ranked no. 4] and wit l bu several years before the city is able to build a skate park with tha gran ney_He proposed forthe city to aside this fscal year about half oPthe money do build the skate park and begin building the skate park in the fiscal year oP2005. Hetheo requested discussion fiom his fallow Commiss,oners Mayor Anderson said that he is aware the City of Longwood was ranked no. 4] on the application and was wondering if the State ould low r the a t of the award, so the Slat ould award mo a appliceuons oroifthe State would wt the number of awards. Mr. Drago haled that he does not know ifthe State will reduce the funding or iCthe funding will remain the same. Hesaid the S[a[e has not wmptued their budgets and theoity will have to wail and with regards t what the State has done with the gran programs. He noted on the board item, the non of tha skate park would be abou[ $554,000 and said this amount was based on the io March 2001. I{o said the cost ofthe skate perk could be aced or dec cased depenaing m what is vmviaea in e,e Maher Plan He staled he would not kno what the r would be for the ooming fiscal yaer until May or June Ha saidalCit is the Commissions desire to build a skate perk end if the of there, then he would take the approach of taking the m may out of reserves and building the skate perk. CC 04-21-03/385 Commissioner Bundy said the Historic Soc;ety has completed applications for grants and they set up a wish list. He said the Legislatu will allocateaspecifc amount of money in the order the applica asked. He said si ethe city is ranked no. 47, the Star willm stelikelym tof funds before reaching the cur's acme nn tnetr lis6ag. mFie also mined me potential elimmmion of the baseball felds az Reittt Park. Deputy Mayor Miller said this subject mortar needs to be studied further and requested the City Administrator to bring some endati ns before the City Commission to incorporate the skate park within the existing park without loosivg the baseball fields. Mr. Drago noted the skate perk the city had envisioned is going w be less advanced than the City of Lake Mary's skate park He said the skate park is aofatw sal facility POr the ehildrev. He said the City of Lake Mary is not a competitive skate park, but offers more features. He added the City of Oviedo is buildings competitive skate park that will wndun national tournaments. Deputy Mayor Nfller moved to have the City Administrator bring forth some recommendations tothe City Commission with regards to the skate park. Seconded by Commissioner Maingot and carzied by a unanimous t2. CITVATTORNF,Y'S REPORT. A. James D. Murphy and Sheree Murphy vs. City of Longwood Mr. Taylor said this case is in regards to the paving and drainage on Georgia Avenue. He said the Murphy's have fled an inverse condem n: 2"° negligen and 3i° ming thn Murphy's poswition because some public~rewrds of furnished to then srequested. Mr. Taylor said he frwarded this case to the cey's insurance carier PRM and [hey hav responded saying there erage for an inverse condemnation case. He then forwarded the case to Donovan and Ropes end requested for permission Hom the Commission to have Donovan and Roper work with him on this case. Mr. Taylor antl Mr. Drago then addressed any questions that the City Commission Fed. Deputy Mayor Miller made a motion for a wnsensus and m have the City Attorney work with Donovan end Roper on CC 04-21-03/386 the Murphy vs. City ofLOngwood case. Seconded by Mayor Anderson. Discussion ensued regarding the water level ofthe lake an<I the levels that are sal by the Water Mawgement District. Deputy Mayor Milleramended his motion to bring this n agenda i m for the Com s approval to have the City Attorney work with Donovan and Roper this case. Seconded by Mayor Anderson and carried by a R. Florida Power Corporation Li[igat on- Status Report Mr. Taylor said he has not had a response fiom Florida Power regarding the iaauesdlscussed et the regular Commission mewing held abouta month ago. Mr. Tayor said he had a discussion with the Chief Counsel for the Florida League of Cities concerning the engagement letter with Gray, Hams and Robinson and Chip Morison said he agreed with nia opinion wo°r because inere is no term in me ongagament Inner and it is terminal at will. He said Mr Monson expressed letters that have boen Given are not to be used as `opinion tart s" bee he does not want to gu in the middle ofa city's dit£erences. He sc said Mr Morrison does not want to give an opinion and smted Mr. Monson is in the middle ofa Legislative Session. Mr Taylor said he will write aletter to Mr. Morrison wntirming his conversation with Mr. Mom t. Mr.'taylor said in the c ming weeks, he is going wnduct some additional research and will bring that information forth to the Commission in the coming weeks. t3. CITY CLERK'S REPORT. No report. l4. ADJOURN. Meeting adjourned at g~.l0 pm. D IJ. An~,Mnyor ATTES d+~b arah M. Nltjarea, City CIe CC 04-21-03138'1