CCMtg12-02-96MinCITY COMMIS!
City C
~5 W
Longwood r Florida
Present. Mayor Bill W
Deputy Mayor1RUS ty Miles
r Sim Carr.i co
r Ron Bargent
r Annamarie Vacca
mShelt n Smith, City Administrator
raldine D. Zambr i, C.i ty Cl.erk
i chard 5. Taylor, Je., City Attorney
Chief Baker, P Dept.
John Brock, Diz. of Planning/Bldg. Servrces
arl 4 ity P
Sandy Lomaxe oflPa rks and Recreation
Mitchel lr F
Sgt LCWayne Roberts1nPOl icer0epartment
Mayor Winston called a regular meeting to
her family; having had baby about eek ago.
roduced her new daughter, Gabrielle Mar ,
whomwaslpresent cin the audience.
Mayor W>nston announced that Comm issroner Carrrco had just had his
Mayor W that Items #"/, #fl, $9 antl #10 w e quasi-
judicialni and aasked those who wished to speak o
tep forward,at omplete a agenda form and be s oThose
wishing to speak were then sworn in by the city attorney.
T#~ P
AWARD C DECf.MAEREN SP ERREADLTF T
AND TEREBA WEBTERMAN B OE ONS MANAGER [INITED
PARCEL SERVI o5a B£NNETT DRIVE.
et Carrrco recognized Teresa Westerman and Bruce
cc 12-2-9b\~99
Perreault o ted P cel 5 He h opportunity to tour
the facility u which he praisedice relocated to this
facility i total of 2 Irtrucks positioned e ery
day to go out; 26,69] parcels picked up ZI 2 delivered each day;
one of the largest employers in Longwood ~ so9 employees.
and said they would be happy to provide tours but requested a call
A. DISTRICT d2 APPOINTMENT TO THE CODES ENFORCEMENT BOARD.
argent ted Addison POr
reappointment. SCa rr red by ma vorce vote.
Robert w asked that the City Code, regarding weight limits o
ity roads? be e s time to enforce these Saws as
trucks are going up and down dAangeline Road.
with regard to the Christmas T Lighting C ony, requested a
ory Board member, The city spray for mosquitoes prior
toPthes£estrvrt res. Further, requested barriers be placed across
ith s d the problem i tching the t uckers b will look at
the problem again. Mayor W aid he knew of ui
trucks were being cried and the problem was reduced, bus appears to
informed the spraying was already scheduled t0 be done prior to the
6. NSENT AGENDA:
A. PAY APPROVED BILLS AND ESTIMATED BILLS FOR DECEMBER,
MUTES OF N
CHASE OF BUNKERRGFAR F
D. APPROVE PURCHASE OF PLAYGROUND EQUIPMENT POA SANDALW000
argent m approve the c ent agenda
ommrssroner ove o ons
as submitted. Seconded by COmmrssroner Vacca and carried
Cc 12-2-96\e oo
]. C HEARING - oRDINANCF. NO. 9 AMENDING ORDINANCE NO
PLAN, C THE F TOR
S PARCELS GENERA
COMMERCIAL TO HISTORIC. APPLICAN'iCR CITY OFELONGWOODO(96-O1-b)
Taylor a d proof of publication f e public hearing
xe then readoOrd in ante No. 96-1313 by tit le oonly.
ity clerk. He then introduced into evidence a of documents
which he said w able i the Planning Department: omp P
Goals and Obj ectivesll City Code, proposed Plan Amendment and
and N ember 1 and h s letter to M White, dated
November 1996. He explained the amendment process was
the D to which n objections w registered.
ownersrd irectly affected were notif ~ed. objectionsr were received
inq the properties which held c ing s uctures w
hatched the map. explained t the
omprehensive Plan c doge d signa to these propertli esCo
f utuee land use map ha nd Ortldi nance No. 96-1313 is to correct nthat
map error.
explained t omprehensive Plan designa s gen ral land
and i ityta ethe Land Development Regulations provide m
detail. One of the problems, however, rs that the zoning <otle is
plan w ompleted. However, a draft t omplish that i ing
level opedc e plan lists u aallowed, ethe
ing code i tate law providesethat the
omp Plan prevails e sthecc of athe T White properties,
the e ing u s long a a[he property does not
became v t forss nths nnHeefurther said the subject property
s havenr ved the s information a s provided to the
Me eGOSline refeered t ompae of the permitted
and bulk regulations, sign and landscape requirements
be<ween rthe C-3 and Hlstorlc. He explained that he also replied in
White. osline said staff believes they have presented ample
evidence in support of the ordinance and recommend adoption.
Mr. Jim Hattaway, with the firm of Hutchison, Mamele and Couver of
CC 12-2-96\801
anfora, representing M cilber< Traa, nea M
osline with respect t the Comp Plan designationra ke permitted
ral C ial v istoric and asked f clarification
oY his c om that thesperm fitted u General Commercial
were in fa to broader Chan those in Histori<,in
Toner Vacca left the dais at th s point in the meeting ("1:40
~ommiss
1'he public hearing was opened.
Nelda Pryor, Ct., of the xistoric
ara, thought these wu as possibility of looking
e they add it ion of s allowable u the t istrict.
The Historic P vation e azd w ~ primarily r ted r the
rch itectural 1ook~rand m inga the i tegrity of sthe buildings,
uch a what goesto side the building. The subject
ild ings a tegral part of the Historic District and a
ributinge and believed it ritical
Historic District to m intain these builaingssand encouraged <he
comm. rsaron to pass the orainanca.
John B stlin e, estview Loop, ageeed with Ms. Pryor w
espect to the bui1la ings. He believed a a historic a they
important Dogwood, stline then gaverea, brief
e th istory of LongwoodBr Referring T the asubject
buildings ~fsaid they w symbol of a important e n Longwood
and urged the c n to consider this as an important element
rn the oicy•s niscoryio
mmiss etuenea to the aa>s at this point >n the
meetingl(>e5D p mo. ).
eaa a letter i the r Drd from Billie
iett1O presidents oFr the C ral Florida 5 ety for H
adoption of t ordinance. Therletter
fuztherac veyea that t embers o the s ety v urge
adoption o£ the orainancee a they believed these buildings ~hould
be recognized as part of Che city's Historic District.
Dorothy Pierson, 7 Florida B Springs, spoke a
of t e founders of the C ralr Florida o5 ety for Historic
Believes the c and property o eed
toes cognize that the Histories District des ignednfor n
ent of business, waysab ia1 and
thoser buildings shoulas bel allowed n
ial to make u Rof4 their property but believes cthey nshould
bemcontinuetl to be included as historic Properties.
CC 12-2-96 \ea2
White spoke a opposition to the ordinance and refuted M
osline's p
historic land nu ould r t the type o uldndelay
the permitting process for improvements and/oi r pair believed he
it would bed a blight o the city if he could not find tenants. He
asked that the ortlanance be postponed.
Mr. way s Nile he and M osline disagree o
things tt taff has wbeen m than urteous and patient ert
referred sto the property ~ 9hts leg ~slation, and r wed the
ents which took place with respect to the changes to the city's
Comp Plan prior to the purchase of [he property by has client. He
ia1 with Che expectation t hey could u the property as
General Comme ec is 1, that rs what he hoped to ao and has done.
argent left the Gars at this point in the meeting
(8mC 5sP rmn'r s
architectural requirements.
pcomm'ssl
Doer Sargent returned to the dais at this point (6:4t
Mr. xa ttaway Baia the commrssron could vote yes and they could s ,
avenue that makes everybody happy.
There was atld it TOnal discussion wrth regards to property righes.
Deputy Mayor Hiles m close the public hearing.
Secondetl by Commr s..ioner Sargent and carrretl by a vorce
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Deputy Mayor Miles m ved the adoption of Ordinance No.
96-1313. Seconded by Commissioner Carrico.
Taylor suggested, Sf Deputy Mayor Miles would agree,
language be i erted 1n the m s to specific findings oa
follows: basedn upon the substantialncompetent evidence presenteas
it be found to be i the best interests of the Historical
istrict and the city o Dogwood to approve and adopt Ordinance
No. 96-1313. o find that the ordinance complies with the
e laws and ord i antes of the city o Dogwood a ref ore,
ordinance - 3I3 inq the
omprenensi eD elan6e e~amem cna~yai~gaportio ,s~of lene ~eatore
Tana a map for parceis aescribea Herein from General commercial
to Historic, be adopted.
Deputy Mayor Miles a ended his motion to Include t
language suggested bYm the city attorney. Commissioner
Carrico seconded the motion as amended.
Mayor questioned if the adopting the
ordinances w within its legal bounds as Taylor w of the
opinion they ws noting the city always had the authority to m
changes. ithe respect t expectations of the property o all
expectations, but that does not stop the city from having the
legal a ity t change, aid he did n e the allowetl u
eliminating r noble a of t other cities
Augustine
requirements. Did not be Iii eve atheretwou Sd be wail id legal grounds
to challenge.
Mayor W nston said he w strongly in favor of indiv id uai r.i.ghts
but believed this was ana appropriate action and planned to vote in
favor.
The commission recesses from 9:00 p. m. to 9:25 p.m.
Commissioner v asked for a ing i and io
forward at th isctime. Mr. Tayloon5en9estea Item 11 als o.9
commissioner v made a ana
11 Porward o a the agendamot Dosed ebyt Deputy iMayor
Miles. Motion carried by a three-to-two vote, Deputy
CC 12-I-96\804
Mayor M.i les, C argent and V ing aye,
Mayor Winston ands Deputyr Mayor-Miles voting nay.
9. WAREHOUSE AND ASSOCIATED O
BAYW000 AVENUE ATED AT 159
- PROSECT psP-10-96. APPLLCANTLOC SUN HARRIER
Mr. smith presented the site plan ana recommended approval.
argent m ved t approve t e plan.
onded by c sloner Carraco and carried by unanimous
zo11 call Vote mi
10. SITE PLAN - WAREHOUSE AND ASSOCIATED 0
PALMETTO NUE - PROCECT #se-o6-96 CE APPLICANT. UOE
sllTHERLANOAVE
Mr. Smith presented the site plan and recommended approval.
r Sargent moved to approves e plan sP 10-96,
enemw reno~se a e i ~atea at z6a E
Palmetto Avenue, ~a show nl onethe entg in ing plans signed
and sealed on October 1 1996, and the 1 cape plans
signed and sealed on October 1 1996, ubj ect t
and itions i LPA s eeport d ed november 6, 1996.
Seconded by Commtssroner Carrrco.
Motion carrietl by una nanous roll call vote.
li. sETTLEMENT AGREEMENT - H&H PALLET C 150-2168 5. US 17-92.
i<h explained the agreement allows H Pallet t ont tnue
t the 2150-68 U. S. 1 - 2 location &f or up t
andrnif sthey have relocated by then, the city n wil lmotake
enforcement action. n He recommended approval of the agreement.
Comm iss ionee ved for approval of acM1ed
ettl ement agreement far n Pallet. onded bytCOmmrssroner
Sargent and carried by unanimous roll call vote.
HEARIN O HE I HE OCCUPATIO
e. G TO C NSIDER T NTENT ION TO REVOKE T NAL
CHAAO e RRY - 151 N
PURSUANT TO SEC. 1 - CITY
VIOLATION O NDAOULT
ESTABLI SHM£.NT IN A LOCATION NOT ZONED FOR SAID BUSIN F,ss.
. Taylor requested this i e be t a public h ing and
quasi-judicial, explained t ity hadar ved complaints that
an adult books toreewas being operated in a commercial area. Adult
CC 12-2-96\805
entertainment i only allowed i industrial z ing. officer,
Sgt. Roberts, w s dispatched a e did indicate the e to bl ishment
s being operated a adult tookstore. A letter w then s
by the city clerk t anBerry advising he either m the bus.i ness
e properly z ned district o apply for a
license. ing the license w old n tribe tgra ntedadue t
it not beingw locatetl in a zon.i ng distr~ t where it was allowed.o
ought to the c the N ember 1 eeting and M rry
attendancemm(Heihadabeen cited w operating with o 1D$
adultn mater.i als, iolation of City Code, 5 1-4.)
rry said h operating with o e10$]b ith less,
and he submitted ea ory list.i ng as peoof of h
Mr. Taylor c uedlnhenw however, still i iolationtoftsub-
paragraph 2 adult materials w Bible and could be
picked up by cus<omers. Since that t rry indicated he
has changed that. Sgt. R nspectedeChe Libertine location at
5:15 p. m. n December 2 and m of the materials w
behind glass. still a Bible. Tay loe
called on Sgt.SRObertsmsa nd Tasked him c to put copies of his
Sgt. Wayne Roberts a d he w ity
n ro uce vmse an s a e as a c
employee, his information w file i Department
of the city, w a detective Sargent in c na lri tigation for
the Longwood Police Department. Sgt. Roberts said,zoupon request,
he visited the Libertine Shop, at 151 N. Hwy. 1T-92 as a plain
plastic body Parts, leather apparel and body piercing .items
ands equipment, and non-adult sports cards, video and cartoon
Taylor 1 a planned meeting with M rey. dolt m ial
m had b changed and w s pretty much c atBerry
expressed henw the peocess of changi nguthens
ompliance with the code. On December 2 sited again omeAdult
entertainment materials had not tally been ved and made
inaccessible. Sgt. Roberts introtlu ed his reportso dated October
Rebello, ] och L the license needs to be
yoked. operate Va adult e eetainment business,
he should be requireds to relocate to the proper zoning district.
Persons speaking in opposition Co the revocation were.
cC 12-2-96\806
Richard B rry, 1 Hwy. 1 - believes he i ompliance.
for a that door a they w
to getcpast nim.e By tithe t e henopens t will beaimpossible
for anyone to get a and ythe c unter t r pick u
ery way h Dula tooget i ompliance.
tosber just an adult entertainment stor wants to havesitemswfor
all.
Mr. Taylor said, as of the last inspection made by hrmself and Sgt.
ompliance, the license could be e ued. Also could c Sider
allowing him to ont inue to operates if he were to come. rnto
compliance tomoYrow.
Taymr a e eaot t a aisbance, i
nis opiniona a es n make cnPmea eieien e tnongn s
people may object to adult mater ials c the B. s, supreme court states
establishment to have up t 10$ adult i Dry, r gross sales of
as na not be eonsiaerea an aanlt entarea,nment es[ablisnmenc.
maae a motion to close t e pubs io
1ngion ~aeaaby commrasroner carrrco ana arriea by
a voioe voce.
Mr. Taylor r ended the c eithe e, e voke the license
subject [o inspection, or simply revoke. Mr. Berry would have to
license would be rerssued if to compliance
argent ques[ionea wn ether there w any license ng
required t body piercing. Taylor said that d
ithin the cd~ty's Adult e ment Code, but Mr. Berry rhos
inaicatea no l,~ensiny is neeaed.
ec lz-z-s slaov
Commission Sargent asked if there w age r Mr.
rry said he did n t ao piercing o anyone u tthet age o
ithout wrrtten consent of the parents. However, no law covering
this.
argent said o thing he would like i the m
tomgiveea message that if Eor any reason after the point twhenwhe
rry w e to c out of compliance, that his
license be revoked immediately.
Tayloe preferred t endment not be a part of the motion as
awe prooeaa woela noe ne eollowea.
nvtea. seconded by commiasioner v and c iea by
a vo>ce vote. Amendment died eor lackcof a ae<o~a.
r Carrico asked if there w anvway to aeaermine ahe
cost ,ncerrea by the city atafe and police in regard to this issue.
a loophole in the ordinance and there could a hundred places i
ongwood i inq w t Mr. Beery is doing. ould like
to s orkshop held and suggested tightening up theword ina nce
right snow. Neetl to revoke this License tonight.
voting aye and Comm issroner Carelco voting nay
ith a sea of state law passed ich requiees
people with aseptic tanks to c i[y s it became
ailable and the city i supposed to notify t requested a
opinion from HRS on this law as to whether themcity could have a
opinion, a ity is n t following t o law a enforce
the statutehe cAdvised t ] total possibleac
ock advised wheree the ea lines dodo the t tal
possible connections, 113. He advised that the rpotent ial forothe
cc 12-2-96\808
number of connecttons where there were inactive lines was 19'1.
Taylor explained then of ication process as per s e law.
s pretty much i ent with the N attorneyas opinione
However, HRS did not say ethat individual property owners could not
r Carrico m vea toot the city aaministrator
andmthelo ity attorney compose a r to the affected
people, a begin enforcing Florida law, and to advise i
Jetted that any objections appeals ou ld be
through H ing therdraft letter t
commcssionsfor approval to5econded by commissroner Milese
argent wished to qualify his stand on the i
ings hire campaign he said he would n ory
but believed he probably Quid be justifiedr dvoting
because the ity might be subject suit and would,
therefore, go owitn the best intent of the cityW
icated she viewed the issue the same as
Commissioner Sargentvnd
Mayor W n felt the city should be diligent about finding out
what otnertc s do and what type of enforcement the s will
effect. el believed if there w other a aila ble, the
ity mould try t r thosee eIf there vw way legally to
not impose, he was an cfavor of fending out what that i.,.
argent referred Y the 5550 c n fee a
hem would mike to look at further e tto the homeownersa
Mayor w e places i will be a e hardship.
r nCaee aco nw of doing what sthe rstate says.
Furtherlothe bond will abe lpaida of in a year and a half.
n by C end t ing for 1
Seconded by Ueputy tMayor Milese and carried by
. Taylor said t way he reatls the law if the property owner is
advised and they do not comply the state would enforce.
Motion carried by a unanimous roll call vote.
CC 12-2-96\809
After aiscunsion o ena itions preaentea of the
sea pity logo, c Miles m yea toot a Duple
other renditions be presented for t
at the n ing. byh COmmrssroner sCairico
and carried by ea voice vote.
14. CITY A Y S REPORT.
No reporORNE
15. MAYOR ANS COMMISSIONERS REPORTS.
DISTRICT #1, #2, #3, #4, #5
#1. Deputy Mayor Miles apologized to M mith for not having
first discussed t ith him. Has to lke~a with s ral people
and o e key element rr mthe purchasing process rs how the city
selects vendors and gets them i volvea in the process. ould like
estigate how Che city coultl look t ity o ned bus~i nesses t
e the city's n Mr. Smith osa id he thought w
supposed to be doing that and Sara he would speak to Ms. Leaf orde
Deputy Mayor Miles said, after the 1a s[ m ing w n Mayor W
Calked about the Florida League antl their c habout r valtof
home rule provisions, he nea about the
possibility of the city losing franchise feesca d has talked to M
i[h respect to the city having s of c ingency
a ction wi ity i deprived of theseer
replied h talready brought Chis up a vstaff m eti ng ma nd
asked all eto think about creative ways of trarsing revenues.
#2. r Sargent said he has briefly discussed this with
. Smith rand Mr. Brock, but also w ted the c n to be a
of s e type of m understanainga wi th references to the cityrs
sidewalk c eople o Bay a w getting sidewalks
and s oshavetdeiveways a e looking f appeoa toes. 9elieved
approacheshw nc luaed i sidewalk projects such as Grant
St. e th and Mr. Brock were unaware of any set policy in
this respect.
Mr. ock understood rn the past, arly all the projects,
apronsr w tallea, but n w people a e being told they are
eequirea to pays$20 o. No funds have been budgeted for aprons.
argent s d he wanted the c o be a
themsituatron as he believed a commission decrsron might be neeaedf
cc 12 2-96\610
ith respect t Dplen c n with c regaidinq uscomi ng
projects and o rthy argent
suggested u ing to er internetWO perhapste a home page.o it
equa lay important pay noon nandd to
participate, but the city omust takenthetfirst step e
Mr. 3 m Daly, present. i noted that he had previously
advised t n during is r given at his business
loca<ion, that h had a provider who mwou ld do a e page for the
ity. All they would need i the i n for the home page
from the city. ith respect t aly said it would cost
approximately $2 W000 a yeae to nave the cOitY's presence o
plus any cost related to employees working on then home
page~ne
pl. related t the i of e inq r
for themeity rand said the a oof enclaves wouldsi enthe
ity's t x base by approximately o54 ~, 000 per year. ended the
ing held nY the s e delegation and brought up the i of
tnet state cogni ing <the nclave xation policy and etne
nty's a tulle t arils <hisepolicy, aAdvised that A entat.ive
will be heading up a mittee in this rega rds and that
parttof tine statute will be addressed.
asked for
o na~ein Taylor get w ~an~ara l3a
a~ami ork mina
Enterta inmenth Ordinance, wand especii al ly ntD look dfor
loopholes.
Taylor aid he has already r from M
cohiarellas and the processv of in ing make
endations t suggesteavM ccniarella
ouldm be called rf ih is ca istance i eeded but not necessarily
requested to attend the work session.
The c ssion, by voice vote, agreed to hold a work
. Taylor reque tell direction from [he c with respec
Video News. He said, although not part of a motion, he gathered
the c n had asked that we look at V sited
there, ands in his opinion, they are 1n vio lation was they do nave
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ec iz-z ss~au