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CCMtg07-15-02MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 195 W. Warren Avenue Longwood, Florida MINUTES JULY l5, 2002 Pre:em: Ntayor eam Lore:naml Denary Mayer Dan A~Iderson Cam er Butch Bunay Com er JOhn C. Maingol Com er Steve Miller John J.sDrago, City Administrator Geraldine D. Zambri, City Clerk Russell McLateJtey, Interim Ciry Attorvey Terry Daker, Director of Public Safety John Rrork, Director of Community Services Jay Sargent, Planning Division Manager Tom Smith, StreeU/Fleet Divislun Manager Absent: Richard S.Taylor, Jr., City Af[ontey (exnnsed) t. CALL TO ORDER. Mayor LOVestrand calleda regular meetinK to order at 7.00 p.m. 2, Anmmevt ofSI1,ENT MEDITATION was FOLLOWED BY TBE PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. The following was envounced'. A. Blue Grass Pickin' - Sanmday. July 20, 2002, 6:00-10:00 p.m„ Ed Myers Recreation Rttildiog, rnrner of W. Church Avenue and Wilma Street. d. RECOGNITIONS: A. Distric[d3 Presentation of fhe Business Person ofthe Month Award for July 2002 to Ann Resnick Annie Pie's Bakery,12]5 Bennett Drive. Comm er Miller wgnized Ann Resnick owner and opera rof Annie Pie's Bakerysa wholesale dessert company that has been in operation Por elevw years- has been featured on Good Morning America and will be featured this Fall on the Food Channel for Best Cakes around the Country. Ms. Resnick accompanied by her mother, whoa sted her rung the bus cepted the award from esa a< CommissiouusMiller Photographs were them ken. B. District d4 NOmina[ion of Ne Business Person of the Monty for August, 2002. CC 7-15-02/t55 Commissioner Bundy nominated loan Ridil la and Linda lohreon The Apple Baskw 218 W. Church Avenue Carved by unanimous voice vote BOARD APPOINTMENTS. None. 6. PIIHLIC PARTICIPATION. William Edmunds, 2414 Sweetwater Country Club Dr., Apopka. noted his objection to the City vaoatiog a street as edjaoem to property in which he has ership, saying he did not want the liability or the increase in property taxes that cw Id occur. '!. CITY ADMINISTRATOR'S REPORT. A. Waverly Avenne. Mr. Drago reported on the action taken with respect to the Waverly Avenue traiTc saying shat traffm tables cold be installed in about two weeks. Striping and signs would also be installed. w B. MAYOR AND COMMISSIONCRS'REPORTS. District d3. Commissioner Miller suggested. when the Commissioners ue [pinking abou whothey might nominateto receive the Key to the City Award, that they consider giviog the award to Karl Herg, noting he has been active in the Tourist Club for many, many years. Distric[d4. No report. District d5. Mayor Lovestrand reported on cutting the ribbon at the lJ-92 Albesson's Grocery Store on June 26, 2002, upon completion of their remodeling. Mayor Loveatrand said he continues to attend the Mwro Plen Advisory Commisee and wit l disseminate e wpy of their plan Por [he next 20 years upon receiving a copy. He advised that during re n[ Metro Plan meetings, County Commissioner Grant Maloy had suggested, in I eu of the small kioske that are wrrently used, giving nsidem ring bus shelters that would have advertising space nn them ~n order to defiay thetwst of the shelters. Dist et dl. Commivsioner Maingot reposed on having m with residents in HighlandrHills on two diftereni occasions, luly Ist and July 13tbewith respect to [he rat problom they were experiencing and he wan haPPY to report the City Admi tralor has taken achonto have an exterminator bait the area along the storm drain n Cum er Maingot reposed on participating in a Tiberon Homeowners' Asso ring on luly I Ith, where approximately 20 homeowners were in endan nln addition,ORcer Gioelli pres nted an overview oftlte Longwood Police D~vision Outreaoli Program and he commended Offeer Gioelli for doing a fantastic job. Commissioner Maingot said he briefed the homeowners regarding the Lbmm with respem to insrelling trntfic control devices and that tltey were enremely npprauattve. CC ]-15-021156 Utstrict M2. Deputy Mayor Anderson repotted on being approached this past weekend regardin¢the poo condition ofthedminagec nal that nsbchind Columbus Narbor~He seidrhe kne as the Counry's responsibility but advised those who spoke to him that if they received no response fiom the County, they should contaa the Cily. Depnty Mayor Mderson referred to a mammoth peti roved with regard to the onditioo of the Pic n'Save property and although the~e as little ilia Commission could do as this as priv to propenY~he was happy to seethe people in the area care. Deputy Mayor Anderson reported on attending a4th of luly celebration at Cemral Winds Park located in Winter Springs and noted tho patriotism this year was something special. Mayor Lovestrand commented on the problem mentioned about rats, and wmmented that snakes. as well az othu animals, are seeking higher ground due to the recent heary rains. 9. C,ONSEN'f AGENDA. A. Pay approved and estimated bills far Jnly 2002. B. Approve M1finntes of the.hdy 1, 2002 Regnlflr Meeting. C. Approve the Monthly Finflncial Report for June, 2002. D. Approve a Purchase Order in the amount of $WJ,li0.00 to Berryman & Henigar, [oc to perform six (6) street pnving design projttts and anthoriac the City Administrator to sign die Purchase Order. Corr er Miller cued to approve the Con nt Agenda as submittedo Seconded by Deputy Mayor Anderson. Mr. Drago responded to questions from Commissioner Mainyot. Motion carried by unanimous roll call vote. w. eoauc xenamcs. A. The Planning Divisi¢n of the Community Servires Department mends that the City Commission read by title only find adopt OrUi~mnce No. 02-I6I3 to annex (ANX 11J-02) the property located at 605 Bighland Street into the C[ryin order ro [ulD11a utility/annecntlon agreement between the nppli<ant and die Clty. Mr. MoLamhey announced having proof of publication for all public hearings listed on the agenda. Mr. McLatchey read Ordinance No. 02-1613 by title only. Mayor Lovestrand opened the pablio hearing No one presom spoke in favor oritapposrtton. Commissioner Maingot moved to Gose the pablio hearing. geaonded by Commissioner Miller and rsrried by unanimous voice vats CC 7-15-021157 Conr~nissioner Maingot moved to adopt Ordinance No. 02-1613, presenmd as Item 10 A. Seconded by Deputy Mayor Anderson and carried by unanimous roll call vote. Ii. The I'lanni~g Uivisiov of Ills Commm~ity Services Department u~ds the City Commission read by title only avtl adopt Ordinance Noo02-I61J, Cor a Small Scale Camprehevsive Plan (Fubme Land Use Map) Amu~dmu~t (SPA 0}02) to change [he future land use o[ W e property localetl at 605 Uighland Street from County Law Density Residential (LDR7 to Ciry Low Density Reaidenrial (LDR), Mr. McLatchey read Ordinance No. 02-1614 by tide only. Mayor Lovesrzand opened the public hearing. No one spoke in favor or in opposition. Comm er Miller ved to close the public heating Secovded by Deputy Mayor Anderson and carried by unanimous voice vole. Commissioner Miller moved to adopt Odinance No. 02-1614, SPA 03-02. Sewnded by Deputy Mayor Anderson and carried by a unanimous roll call vote. C. The Finavce Divisim~ afthe Fivaneial Services Department recommends the Gfy Commission rentl by title only antl atlopt Ordinance Nv. 02-161'1 which amends the Flseal Year 2001/2002 Undgu. Mr. McLatchey read Ordinance No. 02-Ibl] by tide only. Mayor Lovestmnd opened the public hraring No one press t spoke in favor orilopposition. Commisaionu Maingot moved to close the publio hearing. Seconded by Commissioner Miller and carzied by a unanimous voice vole. Deputy Mayor Anderson moved to adopt Ordinance No. 02-161 ]. Sewnded by Commissioner Miller and carried by unanimous roll call D. 'fhe Plan ing Division nrthr Community Services Depart ends Ibe City Commissioi read by title only, s olnd public hear i~ng date for the Drst available City Commission meeting upon ving approval from the Slate Depanmem of Community ARairs (DCA) on the Irnnnmittetl comprehensive plan xmurdmu~t, fled xpprove the first reaping o[ Urdinevice Nn. 02-1615, wbicb amends the Ci(y Comprehensivr Plan and Future. Laxtl Use Map (CPA OI-02). Mr. McLatchey read Ordinance No. 02-1615 by title only. CC ]-15-02/158 Mayor Lovestrand openeU the public hearing. M audience member asked to see the plan noting that the plan addressed the whole City and wanted roses what it looked like. The gentleman was advised that there was a public information packet available on the tableat the rear of the me ring room- No one else spoke in favor or in opposition. Commissioner Miller moved to close the public hearing. Seconded by Deputy Mayor Anderson and carried by a unanimous voice Commissioner Miiler moved to approve Ordinance No. 02-1615 on first reading and to.sw a public hearing date Cor the flrat available ring upon ving approval bum the State Depart t of Community Affahs. Seconded by Deputy Mayor Anderson. Commissioner Maingot noted oo Section 3. Future Land use Element. 3.13 end 3.14 that Policy A. referred to the maximum impervious surface ratio and noted there had been discussion and wanted all Commissioners to bean board with it. Mr. Drago said he thought the Flgure should be amended in order to be consistent with the Land Development Code which is 42 Commissioner Maingot said he would make an amendment to that effect. Seconded by Commissioner Miller. Mr. Drago said it needs to be a mad that the imperv surface fgure could be incorrectly retleoted somewhere else iu the Uoa~ment and would also need robe amended The Commission agreed. Deputy Mayor Anderson said he thought most changes were just a rephrasing and asked if there any substa tial changes that he missed. Mr. Drago said he thought Char most were reviewed during work sessions with Ms. Easley, ring State law had required a w of goals, objectives acrd policies and. at that e, the Commission had also Uirectedeomelandusedesigna- ohengesforpropen uch as Mohawk Canoe,Welgree s, Hattaway_ete_and that the boundaries of the Downrown District be reUefned. Motion as amended caried by unanimous roll call vote. The Planning Division of the Community Services Department ends the City Commission read by title Duly, set August 5, 200E as the second public hearing date, mrd approve the first reading of Ordinance No. 02-1616 for fl Comprehensive Plan Future Land llse Map Amendment (Small Scale) (SPA UE-02) to change the tutors land nse of the property located at 900 Nonh Street (NE corner or properly- E.843+/- arres) from Medium Density Residential (MDR) to brtlustrial (IND), per CC ~-15-02/159 meauacned staRreparr and r<coam,endaeons, ror me past Bapesr Cnnren nr Alormome springs. Mr. McLatchey read Ordinance No. 02-1616 by rule only. UDUn request by Mr. Drago. Mr. Sargen explained that this reque s also rela[edwther and that request foralot split will come forward shortly, and thateheswould like address the other items relative to this reque at thief e. He explained the[beo etheo ref Lot ll inthe Coin neroe Parknwants to chango die use of his properly to al law offices. he needed additional Dorking and, therefore wished to purchere the subject proprny for parking. Using viwal aids, Mr Sargem explained how the subjec[ progeny was south of the Florida Central Commerce Park and was pan of the First BaDtisl Churoh propetty; the subjec pmparty has no access firm the Church property due to the wetlands to the south, the request ro change the land use was being made in order to utilize the property far the additional parking Cur thu property lying to the nosh looeted in the Florida Central Con oe perk: and thar raquo orightbf--ways adjacem ache sunjeo[propeny whioheaaa later date ould ba followed by the reque far the lot-split. Mr. Sargent explained that State law requires when a right s of-way is vacated, it reverts back to whoever dedicated it originally. Only 25 feet of rightof- way (Alberta Strou) lying on the noun aide ol'the Chnrch property was dedicated and therefore will revert to the lend owned by Church. However, Lyman Avenue is a 50 foot right-of-way and it would be divided betty en proper[ either side of i[, the Church ro thew and va proper es lying ro the t. In respon inquiry, Mr. Sargent said he tlid not believethev toted right of-way would signifcendy add to that any of the receivingaproperties- kie noted that the City would continue to ruain a drainage/utility~asement euoss the vacated right-of-ways- Discussion ensued during which explanation was given that these rights-of- ways, would. most likely, never be used as roads as they lie within jurisdictional wetlands and at least one has power lines running through it; that the vacating of these rights-of--ways would mon likely help the applicant's -mperv urface oiftheyw nted to ezpend;a mindu as given that e ofthe adjac nt propetty ovm s spoke in oppos ving the land and iftheo eadjac mpropertY Ownere doa ntotheoright rofway, that, perhaps, it not be given m him or that only 25nfratvthat was adjacent to the subject property an the wost side of Lyman Avenue be vacated. Commissioner Bundy asked if the pond to the north of Alberta Street was the pond that has given the City problems over theyears and if the subject propertyw repaved. would thedrainageimpa<t this pond.Disc on ensued with respect to where the drainage would go from the wbject site ssi Mr. Brook nelievad it would be kept on site: however, the wigineuing Irad not yet been accomplished. h was memioned that the pond belongs to the Industrial Perk but the City is required to maintain it. CC ]-t5-02It60 Mr. Drago said they do i of leave the right to drai o that unless the Ciry gives perm to dos and iflhe Ciry requir s~hem it would meensthey may of be able Io pave as much as they would like'te Mr. Sargent said if the Commi .ion chose m vacate only 25 feet of Lyman Avenue, they could do so. Whether 50 f t or 25 feat afright-of-way were to be vacated- would not change the Pact ihet the righlbf--way would never be used as a road. Mayor Lovest~and opened the public bearing. Steve Neverleff, representing the Test I3apliat Church es well es Oulf Reahy- Ihe land owner 1o the north, said he would like to clarify the righwf-wxy issue. saying they would be willing to take all of the Lyman Avenue right-of--way in order o relieve the ne property ow who doe nt 1he property, from any liabilily_ He noted there were no objections from eery of iheother abwting propmY Owners. I{e further said they would not be paving imo any of the right-of- ways, as the right-oP--ways w only being used as an area calculation. After speaking with the Water Management Disvict, they have ce reduced the paved area end will use some pervious material when paving. The rwention will be on vita- Ha also said they wue not rzttricted by any rtes from accessing from the subject property into the Industrial park. Theynwill not use Lyman or Alberta Slrcets or pave of build on either, and would be hapOY 1o put than in the OOVenent Commissioner Miller referred back w earlier conversation about the retention pond along the routh end of the park being a problem and asked Mr. Neverleff if he would be willing to help the City, by agrcement in writin; to shore up This a. Mr. Neverleffgeve ve yes. saying within reason they would helpebut reminded that half OPthensubjecl pond is not on their Dropeery. Commissioner 6undy said as Mr. Neverleff said he would be willing to take the entire 50 feat', he would have no Droblem vacating the 50 Ceet tO him. Mr. Edmunds, with refere oche v ring, indicated he had a partner in this property and wished eo confer whh Isimtl No one eIre spoke in favor or in opposilioa Commissioner Miller moved to clOre the public hearing. Seconded by Commissioner Maingo~ and carried by unanimous voice vO~e. Commissioner Maingot moved 1o approve Ordinance No- 02-1616. SPA 02-02, as presented Item IO G on flrsl reading anA to schedules public hearing t r August 5. 2002. 3ewnded by Deputy Mayor Anderson and carried by unanimous roll call vote. Il. REGULAR BU3INN:3S. CC ]-15-02/161 A. The Plan ing Division of the Cmnmunity Services Department ends the City Com n cad by title only, set August 5, E002.as the public hearing tlate, and npprove the first reading of Ordinance No. 02-1611 to vncnta and abandon (VAC 01-02) [he tmimproved right-of-w:ry known as Alberta Street (25' ROW), providetl that the entire aren is maintained ns:t dedicated Drainnge mttl Utility Easement. Mr. McLatohey read Ordinance No- 02-161 I by tide only- Commissioner Miller moved to approve Ordinance No- 02-161 I on frst reading and to set the public hearing for August >. 2002. Seconded by Commissioner Maingot. Deputy Mayor Anderson indica[ed that the property ownnr objecting ro thev ring of any portion ofthe right-of-way under disc may appear on August 5, 2002 with his partner's covsent es to what they want to do. Mr Drego said this document orthe documents under consideation dining the next nem could be amended at the public hearing. Coin er Rundy suggested if the property owner had any pret'erence that theyssubmit their wmments in ring before the public hearing Motion carried by a unanimous roll call vote. R. The Planning Division ofthe Community Services Department ends that the Clty Comotission rend by title coly, sU Angnst 5, E002 asnthe public ltenring date, and npprove the first reading of Ordinance No. 02-I6I2 la vacate and abandon (VAC 01-02) the improved right-of-wny known as Lyman Avenue (50' ROW), provided that the entire area is maintained as a dedieatetl Drainage and Utility Easement. Mr-Melatchey read Ordinance No. 0'2-I6I2 by title only- Deputy Mayor Anderson moved to epDrove Ordinance No- 02-IG12 on frst reading and to schedule a W bile hearing on August 5, 2002. Seconded by Commissioner Maingot. Deputy Mnyor Anderson suggested the gentleman who objected mey wish to work with the City Adminivtrator to expedite things at the public hearing. Motion carried by unanimous roll call vote. C. The City Clerk recommends the City Commission read by dtie mdy, sehetlole Angnst 5, 3002 »s the public (tearing dote and approve Iltc tint reading of Ordinance No.02-1618, submitting the proposed Charter amendment to the voters at Me November 5, 2002 general election. Mr. McLatchey read Ordinance No. 02-1618 by title only. CC 7-15-02/162 iz i i.., ~... -asp e~~ea me 13. i...iii.i ~. is t~ IA. ~ii~i i. .Meet .toed xt ~. m. GC ]-15O2Itf3 This Page LeR Blenk lntutionelly CC ~-15-021164