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CCMtg12-15-03MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES DECEMRER 15, 2003 7:00 P.M. Present: Mayor Dan Anderson Deputy Mayor Death Bundy Commissioner John C. Maingot Commissioner Mike Holt Cora, er Brian M Sackett Riehanl S. Taylor, Jr., City Atlerm, John J. Drag., City Administrator Sarah M. M'0ares, City Clerk Patrick Miller, Interim Dirxnor of Community Sm I I Carol Rogers, Interim Direetor of Financial Serviees Tom Smith, Division Manager of Streets/Fleets Riehard Korablgh, Division Manager of Utilities lay Sargent. Division Manager of Planning Julie Walk, Community Sereiees Coordinator Be- Kowalski, City Engineer Gail Lhsley, The Gail Easley Company 1. CALL TO ORDER. Mayor Anderson called theregular meeting to order at 7 04 p m. 2. A moment of SILENT MEDITATION was followed by THE PLEDGE OF ALLEGIANCE. 1 COMMUNITY ANNOUNCEMENTS. The following annoonaemem made: A. A B/ne Gruxs Piekin' will be held oo Deee-ber 20, 20031Fom 6:00 p.m. gnti110:00 p.m., Lmigwgod Community Building, 200 West Warren Avenge. 4. RECOGNITIONS. A. Distriet At Nomination of the Business Person of the Me - Award for Jamiary 2001. Commissioner El,mgm nominated I- Sutherland or Sutherland Cons —ion Co., Inc, 585 S—h Cognsy Road 427, Suite 133, as Business Person of the Month Award fie, Jangary 2004. Nominasion carried by a unanimous voice vote. CC 12-15-03/654 5. 8 ARDAPPOINTMENM A. Di,Ria #1 Nomination to the Land Planning Ag ... y. C—mi,— M.i.pt dt,f—d the —m,fl— DkRia H NI.IbIllill to the Board If Adjt.,t.,.t. Commissioner 1,bil.pt d,f,,,d the nomination. C. Diltnit id N..i..Ai.. I. the Parks III R,I—fl.. A,Wk.t, Board. !,Cy.r AId,,,, nominated Abigail Shoemaker, 877 W-dpI, Tr ail. N..i,,Ii,I Illild by . .... i--- vote. D. District #5 Nomination to the Laud Planning Agency. Commtestoner S.&,,tt dd Id th--mmm, 6. PUBLIC INPUT. A. P.M, T— Ald 337LuyA Lanz � stated that Lary A.— neighborhood is unique and one ofthI f— neighborhoods like it left it,the area. Hstaled they .,,, located close to dI,i,J,p,,,- to be discussed io Agenda ft= I I B. H, affirmed that his neighhorhood has III grave --, .,, this development. H, asked therm the decision mad,, the city —id,, III mb,— If,,11 D,, �MC, , 137 E. Ave.... m,it" he had approached the C—i,,,i., approximately two and . half months tp —_- [he tragic on Maine Avenue. H,,tw,dthttl,,,p,W,.h.,bw,, ,dd,,,,d byChi,CJ=kw,and the Police Department. lfe affirmed that they were very gl-ffil for this problem bi,iI,, Santa Cl', arrived end presented gifts t, the memhere ofiha City Commission and staff Ph.,,,,,,,pl,, were then taken. 7. CITY ADMINISTRATOR'S REPORT. M, hihd requested M, Lawton pres a bg If available fi,,,d, through 7k,11,1ba—I He —d that Mr. L=l— indicated there may be fibId, II that .Id , —,,d for the Fire Id R,ib,, Park CC 11-15-031655 Ces Ian n, Harbour Com tated the Cdy Manage+' had given on s himthe challenge oflocat.,th—ghrough the state. Herepo6mgftthe fitnding available a.kim h, Nroughthe s sthatofmatchingfunds. Me r ended taking the two prgec s, the fire and die park already , .— Ili and applying for half the Ponds Ha atflrmed that it would be more likely to justify funds for matching money by the nee legislative session. He apt I they would have Representative Mity and Sen or Con ne put nCBIR) l un dth, Com nity Budget Issue RequetSystem(CBIAS)_ He reponed the deadl ne fotthe grants would be January 15, 2004 forthe upwming session. Discussion was held regarding additional expenses other than the wnttaa with Harbour Communications. Discussion was held regarding a one year --a versus, two year Mayor Andeson stated the deadline ofh-id, 15, 2004 would make it very difflwlt to have this on the agenda twice, for an ordinance w enter Mrlanon stated that the City of Longwood has never made an application under Member Project and a case weld be made that the city is due He stated there was no guarantee, but he flt very confident. Deputy Mayor Bundy stated that where Mr. L.—', services would be beneficial, would be after the paperwork has bee submitted in working with the Committees, Representatives and Senators. He stated that if the Commission would arrive to the decision to move forward, he did not think Mr_ Lanon would have, problem with submitting the paper work in good faith pending the approval ofa contract. Deputy Mayor Bundy moved to proceed f rward and enmr into awntraa. Seconded by Commissioner Bol,. Mr. Drago advised there would have to be an ordinance for a budge mendment to i—fi,r funds He stated that once the t nds were m place the contract mould then be executed. Mr_ Taylor stated the Commission wuld do a wntr,a for one year with the option for a second year. Motion carried by a unanimous voice vote. g. MAYORAND COMMISSIONERS' REPORT. District 42. Mayor Anderson commended the Fire Depanment for their —kin controlling, house firein his neighborhood. He stated in looking at the pim— oflh, .smeary attached to the memo fiom the City Clerk, CC 12-15-03J656 there appea to be a lot of sandy ground with ao sod. He asked what the procedure was following a burial. Mr. Dmgo stated that once the grave settles, that staff smoothes the site end ple— the sod. Mayor Anders asked regmdiag liability insurance for the t ,that n the Maaicipal Trust F-d Retirement Plaa sad Ttust fhe Fire and Police, ifthey would not be covered under the city', policy. Mr. Clap advised a policy was recently purchased for the board. He aced that the Flonde League of Cities made the investment d,Ni- -her thaa the Pensma Board. Mayor Anderson affirmed that T— Lighting was a geed event. Di - et 43. Comm er Holt recognised the officer who was involved traffic amide, while on duty sad wished him aspmdy recovery. He advised the Seminole County Legislative Delegatioa rasa earlier today. He repotted that amusement games andfor machines were on the agenda for discussion. He asked that the City Admivi,tmtor place CRA as an agenda item forthe January 19, 2004 meeting. District 44, Deputy Mayor Bundy stated he has a concern regarding the riding of electric scooters m the attest. He affirmed he had discussed his with ChiefJ,,keon. He atazed there was recently as article in the Orlando Sentinel eg.,ding the law having ng ing beee chaed for the electn, and Segways allowing their use. He asked for a consensus fthe C_di'ton to bring forth as Ordinance banning scooters from the area. Discussioa ensued regarding safety and the enforcement of laws already in place. Commissioner Sackett stated that the way to approach this would be by educating the public of the laws in place. Mr. 'Taylor stated there may be a weakening of this law in upeoming legislatures and Deputy Mayor Bundy was requesting that he look into the vattic c trol is and the preemption by the s whether co the city uld bend these scooters, even if the state allowed them oa public toads. Deputy Mayor Bundy moved for a consensus for the City Attorney to Mall back more information regarding the tmffie rol ofelec rs. Con med by Tourlone voiee vote with Ctaa.mlie— Sacketty ling nay. Dist et#5. Ctatatmianer Sackett Hated the stagew n tad very icely for Celebrate the Season and Tree Lighting ki stated he appreciated CC 12-15-03/657 Santa visiting 0 p=i,bes in Longwood Ida staz d.lhere was a tmek meet with over 1,00it pth, City hosted by Woodlands Elementary in onion with the -dtty Winter Sprimi—, stated heals—p Chris ,mIIt, ing It, —with Comm aMaingc jl group_He n cad He would be ou[ fot npprozimetely e month following a surgical procedure. D4sMrt 91. Commissioner Maingot reposed the Longwood Carolers ut this past Sunday mmfing the spirit of the ...... They vi ited sing hom and the hospital He thanked all who participated n this and stated this ach ofgood public rblmi ns for the City. He suggested the City Commitm macknowledge the groups who performed at the Celebrate the Season and T— Lighting Ceremony by presenting Iham with a cesificme of appreciation. Commissioner Maingot moved to acknowledge and present rcificaeof epp— I. the groups whe performed in Celebrate the Seasol, Seconded by Mayor Anduson and carried by a unanimous voice vote. 9. CONSENT AGENDA. A. Approve Miaales of December 1, 2003 Regular Meeting. B. FinaaceDivislon of the Financial Services Department ends payment of approved amd estimated bill, for December 2003. C. Finance Dwtsion of the Finaaclnl Services Department mends approval of the Monthly Financial Report for November 2003. D. The City Attofneyrerommentls that the City Commission ,ppa the Settlement Agre with Florida W,ding, hie. .Id aatborrze they" to sign the agrcemenl. E. City A-miltrator rerommends the City Commission approve December 26, 2003 and Janaary 2, 2004 as City Balidays i.m.d of December 24 and 31, 2003. Deputy Mayor Bundy moved to approve the Consem Agenda as submitted with the exception of Agenda item 9 E. Seconded by Commissioner Sackett and camld by unanimous rell call vote. Deputy Mayor Bundy moved to wwpt Agenda Item 9 E. Sewnded by Commissioner Maingot, CC 12-15-0 1— Deputy Mayor Bundy asked the City Administrator 1. introduce Item 9 E and give an explanation of the ramifications. Mr. Drago explained the holiday schedule and City Policy states employee ve Chris as Eve, Chris as Day. New Yea Eve, and New Year's Day off He smted that this year thoso days happen to fall on Wednesday and Thursday. lie stated the reason for iheboard item was w put togehu the days off m order to make ant Eliheemployeesandthepubiic. Headvised that it was brought to his. -lion this board item would be agins at the pus oeI rules and would requil ordinance in order to ompli,h lie advieed thus s optio, l) accept as presented', 2) leave the holiday schedules nth, It n,l policy; or 3) the Comm ov does have the aptio and flexibility I. gmnt additional days off besides those in the personae) polioy and could grant Friday off each walk He slated it would recommend option 3. Deputy Mayor Bundy amended hie motton to reflect grau[ing the Fridays after Christmas and Ni. Year s Day respurively es an additional Will, Seconded by Commissioner Maingot and carried by a unanimous roll call vote 10. PUBLIC HEARINGS. A. The City Administrator recommends the City Commission read by title only and adopt Ordinance 03-1679, whirl grants a two-year I, [IIIc 't, Franchise PItthecollection of Isolid waste to Onyx W eats Services Southeast, Inc. Mr. Taylor said he had proofofpublicarion forthis and all public hearings listed on the agenda. Ha thmr reed Ordinance Ne_ 03- 109 by title only. Mayor Alderson opened the pubic hearing. No one spoke in favor or in opp,titi— Deputy Mayor Bundy moved to clone publio bearing. Seconded by Commissioner Holt and carried by a Comser Maingot ldf to adopt Ordina ce No. 03- 1679 aspresemod Item 10 A. Seconded by Deputy Mayor Bundy end carried by a unanimous ,It ,It vote. B. Fine ce HMO- Ifth, Fiaa rill Services Department endshl C'ty Com sad by title only and adopt Aesolntion No. 0. I0n establish ng the City's notice of intent CC 12-IS-03/669 1. se the uniform method for collecting non ad valorem assessments in H- Mr. Taylor read Resolution N. 03-1082 by title only_ Mayor Anderson explained this was the procedure used to notify the Property Appraiser of the City', intent, use the -if— _ hod ofwlleming non -ad valorem special assessments. Mayor Anderson opened the public Fearing, No one spoke in favor or in opposition. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Holt and—ied by Deputy Mayor Bundy moved to adopt Resolution No.03- 1082_ Seconded by Commissioner Maingot and o.id by a unanimous roll call vote. It. REGULAR BUSINESS. A. The City Administrator requests the City Commission read by title only and adopt Reselutinn No. 03-(083 approving the Neighborhood Improvements Assessment Policy. Mr. Taylor read Resolution No. 03-1083 by title only, Mr. Dmg. —a M the last meeting the Commission requested the Neighborhood Improvements Assessment Policy be brought forward by Resolution, Commissioner Holt moved to adopt Resolution No. 03 1083 approving the Neighborhood Improvements Assessment Policy. S—ded by Commissioner Mingo. Comm er Holt asked ifunder Section 7 the maintenance costs would havens cap. Mr. Drag. advised that this policy w tong the pare s. He stared Ne detailed cost would be different for each subdivision due to in and complexity. Discussion ensued regarding the maintenance cast. Mr. Drag. advised that some of the cost weld not be by square footage, but would be required to be by (per ost). Ha reiterated the cost would depend on the size ufthn subdivision and CC 12-15-031660 the complexity ofwhtt was placed there a[ the time ,fthe improvements. D,p,A Mayor Bundy stated that m keeping with the m he would like the Comm -eider rtofinechav for the reside- wbe ablest, opt, tofthesn -the future by r,,d,ing the same percentage as requitred for the Mayor Anderson stated ifthe —id-, are nut happy with the ce by the ity, that there needs to be someaccountability betweenathe city and the residents. Discussion was held regarding the van,-s types of maintenance. Mr. D,gp affirmed that if a,-bvvision came in end stated [hey anted to take over the maintenance, he would tire&, there be a type of.ttra--1 arrangement made with the homeowners group He stated this type of assessment would be along term comm-mem -ceding 10 be understood going into the arrangement. Commissioner Maingot diswssed the t itfere-oe between hardscape mateials end soft, -ape materials&r landscaping He i,d the landscape m rialw tennce a. mamtam and was complime-tary[t, the hardseapat mam Commissioner Sacken noted he would like to see a means to opt out m Seed,, 1 I fb, the eoRacape. Disc sued regamm rding the ntenan-e of Rxed stmcturea and plat materials. Mr. Drag, r ended adding another o opt o soflscape verus the hardscape and bringing it back with this - amendment. Deputy Mayor Bundy moved to table for two Commission [ings to allow the City Administrator to address their ms. Sec, -dad by Commissioner Sackett and carried by a unanimous voice vote The Commission recessed at 8:51 p m end raw--1 at 9'.02 p.m. B. The Planni-g Division afth, Department of Community Sere cads the City Commission bear an appeal req-ested by Ryland Homes,f, ruling by the Board of Adj-stmeat (BOA) relative m Impervlo-s S.d— Ratios OSR) CC 12-15-031661 t applies bt subdivisions in the Low Density Residential (LDR) Land Use Category. Mr. Taylor affirmed this was an appeal originally heard before the Board of Adjustment, now being appealed before the City Commission p n to to the Land Development Code. Secion I0.9.2. Headvi,ised therewasavissue the Brentwood Club Subdivision being introduced by Ryl-d Ryland Ho.mes regarding impervious surface ratios and City st,D's interpretation. The nterprdation and the way the code reads are ova per lot basis. He advised this was a quasi judicial hearing and read the proceedings ofa quasi judicial hearink into the rewrd. Mr. Taylor wnducted the swearing in of witnesses. Mayor Anderson asked if there were any disclosures of ex pane Disclosures were made by Deputy Mayor Bundy. Mayor Anderson and Commissioner Maing,. Mr. Miller affinned the Longwood Development Code had a afcrem of 42% per lot of Impervious Surfeca Ratio. He iced the Site Design Standards and stated that if the tmpery mrface o eeap,,b,d differemly it would then be implied so in the wde' Ms. Easley was also,— and referenced Section 3.2.2 Lot Design Standards. She stated the lot SSa M to meet the design tandards and the A.dard does apply to the 42% impervious surface ratio on a per Iot basis. Mr. Taylor advised the issue was to determine which interyretation of impervious surface ratio was corteet, and not which plan was the best plan. He stated the best -id —was found iv the Longwood Development Code; 3 2 2, subparagraph (2) where it is clear the impervious surface drainage was intended to be 42% per lot. He advised of the developer's desire to maximize the area, however. by reducing the number of lots or building stmal ler homes that can meet tM1e design standards. Discussion was held regarding the standards for roads, sidewalks, and right -of- yt �vl_iranda Fitz¢erald, authorized representative for Ryland Homes. stated she would also be appearing es an expert witness. She handed out wmposite exhibits labeled, Ryland Homes Exhibits for the City Commission appeal hearing December 15, 2003. She CC 12-15-03/662 ewed the ,it, plan and design. She stated in reading the code, the definition for impevious surfce ratio was very clear that it to be calculated by site area. She stated that when doing the oalwleti ns for thisproj-theym et the 42%hpuv surfce o. She affirmed the Development Coda did not reference Impervious Surface Ratio - a per lot basis, but on a per sire basis. She stated that m requesting tapes for any discussion on impervious surface ratio, that she was provided tapes of meetings that were discussions only on the Historic District. She advised that at the Board of Adjustment meeting she learned of two other tingsi which impem surface was discussed. She requested copies ofth—tapes and stated that in listening to these tapes it was very clear the Commission was not implying the ratio n a lot by lot basis. She played two excerpts from the audiotapes or the February 11, M02 and May 6, 2—City Commission etings. She reviewed two proposed site plans. The plan they would like to have approved includes amenities such as a NM,fencing, and a common retention. She stated that this plan was a oa for both the city and the neighbors in Lazy AcreW t She sated that where m the Design Standards Chan theword "lot' used_ It uses the word -site". She affirmed that the code was very clear. Discussion was held regarding homeowners desiring to add items at a later date such as a pool and not being able w do so. Deputy Mayor Bundy moved to e.tt,,d the meeting for thirty minutes. Seconded by Commissioner Maingot and carried by a unammous voice vote. Mayor Anderson gevea briefoverview of the argument made. tie stated that Section 3 2 2, subparagraph A2 references each lot frr mpervtous surface ratio. Ms. Fitzgerald - nued to -the exhibits. She stated that r mpervusurface aethe lot subdivision has suffent ciground tehwdlethe drainage and —IT Mayor Anderson —re they wuld only do what the code allows. Depuy Mayor Bundy moved to wntinoe the meeting until o adjnu n. Sewnded by Holt and _ied by a unammous voice wte. Tom Ndermn, 337 Lazy Acres Lang stated he spoke under Public participation in the earlier pan fthe meeting. He stated he was again speaking- behalfofhis neighbor and thei ms to _ttti-e the lif tyle they have become accustomed to. CC 12-15-03/663 Ms. Fitzgerald stated that the developer had agreed to the stal lation of the face around the development w the,— of Lary Alcre. Shertazedifthedeveloperis forced to gothe second plan, they will not be able to place fencing to the s—h f,he developmem. Mr. Kowalski reviewed drawings of a standard lot and the area of erage that could occur with 42 % impervious surface ratio. He ro awed the same lot showing the coverage if built as pposed. Hetstated there were only nine lots within the proposed development that would meet the node xandards. Mr. Taylor reiterated that the purpose of this hearing was not to date what the better plan s, but ,upret what is the clear meaning of the Longwood Development Code Discussion ensued. Ms. Fitzgerald stated,het in listening to the tapes where impervious surface win was disc ssed in prior work se and tinge there was no mention of the sedw.,ofthe.& t,ifr— relying oo. She stated that you wuld reach a bane, r—h by looking ai ,,bdiv,i— differently, than individual lots. She stated they felt very strongly that they had interpreted the node—ly; and s,ated they would appreciate the Commission's s,pp,. Depu,y Mayor Bondy moved to approve the applicant-s appeal with reatndrons. Sewnded by Commissioner Maingot Diswssion was held r,g,,ding,he number of homes to be built in the development and drainage. Di—ioo was held regarding restridioas_ Discussion was held mgarding,he quality and in of homes in the snbdivismn. Discussion was held ,egardiog the plan,ha, --ds the lo, li- mo the rden,ion areas. M, Fitzgerald sta,ed the plan they are advo—mg does not extend ,he lo, line mt. the r s Sher mad the, the plan tending imo the —.ti n—ld be,he resuh ofstaffs mtetpretavon CC 1 b15-03/664 W'm failed to tarty by I thl-J— Ill al v,b, with M.,., Anderson, Commissioner Sackett and C—i,Hob voting 11y, Deputy Mayor Bundy .d Commissioner M.i.g. voting aye. NUyl, Ald,,,, ,I,� t, uphold staffs i-MI—ill, S,w,dM by C,_iii.... Holt end carried by , th—, Ill call — with My,, Ad,mm C—mw— SulIn ,d CommissionerHolt voting aye, Deputy Mayor Bundy and CommissionerMmp,voting .y. 12. CITY ATTORNEWSREPORT. Mr. Taylor reported he would be on vacation the —, b— CM—, and the New Year. H, wished everyone hp,, holidays. 13. CM CLEWS REPORT. M, Mj,,a wished everyone a safe and wonderful ,,,fid.y, 14. ADJOURN. D,P,lyMayor B-dy—MI,dj,.. S—.dedby Commissioner Mamg—d ... id by , unanimous vo M,11 Ald1m. Mj.,ed the 'Wing at 11 31 P.I. �1 T'A'n! Mayor�— ATTEST: Z'.E M.,.— �Cq Clerk CC 12-15-03/665 c Dille C I�, CII, 11 I'll I A' 1,11 111, �j I I b, 11h, A I,q—t to aM1l 11", E I-nspir ,[ i , - by disci, d �-1 madcap l X PnR"fl: COM MU N I( A) (ON o i �ci cc[t