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CCMtg07-18-94Min221 JULY i 994 PRESENT: Mayor Steve Miller Deputy Mayor x argent aul L estrand Eheltonr5methAnCtyrAdministrator Richard S. Taylor, City A ney Police Chief T xryrBaker JohnsBroek, Director oP Planning d Building Services Dan McNutt, F Fernand Tiblierancity rengineer Eva Neisler, Deputy City Clerk 1. Mayor Miller called the regular meeting to order at Y.30 p.m. 2. of SILENT MEDITATION was FOLLOWED BY THE PLEDGE OF ALLEGIANCE to the flag. 3. PROCLAMATIONS/RECOGNITIONE. ~ A. SC ANDELEGATE ITOO THE "AMERICANS LEGIONS FLORIDA EBOYS Mayor Miller r cognized Christopher A n for being selected a delegataefrom Lake Mary High School ato othe American Legion Florida Boys State where he will participate ock government activities in Tallahassee. Christopher acceptedy{he certificate of recognition from Mayor Miller. B. BUSINESS PERSON OF THE MONTN FOA AUGUST, 1994NATDISTR2 c1' k5. Commissioner L estrand nominated Mr. Xent Richter for the Business August. gave a brie£n ~ ography not P ichter st tringroher rei even year side t of the City Mand o of Amfed M rtgage awhich has been located at 420 E 4 for es n years. o ichter i also a ember of the Eguity Study Committee. The nomination was carried by a unanimous voice vote. missio NOMINATION and Rd Erected tht Tom UE sion ow h~ written iographynand Ln Ohn B s line includedti tlhe packet. Commissioner LOVestrand expoundedr that Mr. Bistline rs deeply 222 Doted within the nity and Chairman of the ned ~LOngwood Arts and Ceafts Festival" which has brough<nomore ominations. Diner npminat Iona w maaa. n for M Bistline to beoa arded the annual eXey to City mcarried with ra unanimous voice vote. 0. OF BABE RUTH/LITTLE LEAGUE/CITY OF LONGWOOD Item A3-D. was moved to the consent agenda. A. APPOINTMENT O TO THE SEMINOLE natea M anay L of Parxs aye x n<nem s Hole ~c unty P~rxs~ aax Force ec Deputy tMayor Sargent onded the 6omination ~n The nomination was conf rrmed by a unanimous void vote. Ms. N other A aid she has attended the lz st t orkls n the adu lTe entertainment ordinance and ended the C scion O ligence. hoped o ity e probl ems tther City of F vine i ently faced with c ing their ordinance. Tolos Had c attorney fora the Metropolitan B Mof I tigationsc and th supplied her with a copy of a mode lr adu It e ent ordinances Tolos offered her copy to be duplicated fortthemCOmmission and toff The B.I. attorney also volunteered to be present at ra vfuture meeting of the C n to offer assistance. Ms. Tolos also hoped the moratorium would ibe extended. Liss, i itland, said he would like to s2 p]511 nc ing r ing. Mayor Miller suggested hemwait until those itemscwere openednfor discussion. Ms. Nelda Pryor, 1081 5 Ct., wanted tD express that all the she h spoken t n the i of adult entertainment a eryac ned sa nd hoped t d do e eryth ing i their power to discourage this type iof ibusiness within the City of Of Public Works, Richard K rnb luh i ery valuable employee and holds a license i rite water and water treatment. Mr. rnbluh through and city s during his ne year t 9direct rrwhen our problems originated witheD. £. P., he is an quiets, 223 n-political person. Tolos Untinuea referring aaaitional reprimands xrom priorto ci<y Admini steators. ith 0chooses ut organize with the s blessings MSO be it, however she feels very s ongly thatri unfair t Ingle o a fifteen year employee. ted that M us has publicly spoken a ord ingmthe r yal of not only the Director o ublic Worksobut also, the Crty Engineer. She would like to know why this is being and efficiency give the City Admini stzator latitude. Although, if w atf fifteen year employee that has been promoted ral t ing he has been a good employee but possibly c teperformeat h~s c ent position. This s nagement problem and we should attempt to find a positiono for aan employee signed w told his job would be obliterated. ably this w approached n the proper m and agr er sw otLOVestra nd that perhaps another accommodation could3be found for Mr. %ornbluh. 6. CONEEPAYAAPPROVED BILLS. D, of eABE RUTH/LITTLE LEAGUE/CITY OF LONGWOOD FACIOLITY USE CONTRACT. n by Deputy Mayor Ron Sargent to appeove the c agenda a submitted. Seconded by Commissioner Bensont Motion carried by a unanimous roll call vote. 7. RING - ORDINANCE N -1203, AMENDING O NOBL944 ~ THE C E LANG USE - MepD3 UM DEN SITYT RESIDENTIAL. LOCATION DE312AW. PINE AVENUE. Mayor Miller i address t hill 0 itland, the epropertyr m Hager for regard Plaza a the c of 5 and wilma Avenue. ity of the property changing from 1 esidential to medium density residential and This c s the I' added traffic t a that has b stbound teaff is entering Wilma Avenue. Mayor Milleruread a letter from the 224 property o mil K sch requesting that the r ing and change oP land a ithdrawn. Taylor said the request could not be wrthara lthough the commissron could deny the request. Taylor a ced he had proof of publication for all public hearings, Mrn Taylor read ordinance No. 94-1a G0 by title only. Mayor Miller opened the public hearing. No one spoke in favor or apposition of the ordinance. Motion by Commissioner Vacca, s onded by Commissioner Benson to close the public hearing. Carried by a unan.tmous voice vote. by C that Ordinance N - enaing Ordinance N .V944,s the Comprehensive Plan2ana Future Land U elan of or t ity o ongwooa, Floriaa, ing the e and c sidential- rofessional t Medium De city Residential. L cation: 1 Pine Avenue be denied. onded by Deputy Mayor Sargent. Carried by a unanimous roll call vote. LONGWOODE, FLORAOEAHF.NS HE 20NING FROM C-3 TO R-3. r. Taylor read Ordinance No. 94-1204 by title only. Mayor Mil lex opened t e public h ing. No one spoke in favor or opposition to ordinance Mo. 94-LI O4Y n by C onded Dy Deputy Mayor argent to oclosel the public hearing. Carried by a unanrmous voice vote. Motion by Commissioner Benson t Ordinance No. 94-1204, ending Ordinance No. 495, the Comprehensive Zoning Ordinance of the City of Longwood, Floriaa, changing the ing from c- cation 1 me Avenue be denied. onded oby C r Vac a. P Motion carried by a unanimous roll call vote. 9. - ORDINANCE NO. 9 L THEE COMPREHENSIVE P THE ORIDA,NAMENOI NG THELFUTUREELAND U DENTIALGPROFESSI ONAL DIDM DENSITY RESIDENTIAL. Taylor r Ordinance N - 5 by title only. Mayor Miller opened the public hearing. oNo one spoke in favor or opposition. by C onded by C close theopublicnhearingc Motion cirri ed lbyea 225 by C onded by Ueputy Mayor argent, that mo - ending O the Comprehensive P and F and U nPlan for the City o ongwood, Florida, a ending the sfuture land u sidential-Professional to M ity Residential m L cation 1 e Avenue be denled5 A unanimous rollocall vote ocaxr ied the motion. 30. PUBLIC HEARING - - 206, AMENDING ORDINANCE N 495, CEI.ONING ORDINANCE O ORIDAENS E ZONING FROM C-3 TOTYR OF LON FL CHANGING Tti LOCATION: 180 W. PINE AVENUE. Taylor read Ordinance No. 94-3206 by t only. Mayor Miller opened the public hearing. No on spoke intfavor or opposition to this ordinance. Motion by C onaed by Deputy Mayor Sargent t Close sthe epublic hearing. Motion carried by a unanimous vovice vote. n byC ending o tthe oCOmpzehensive 42on~ng Oed finance ofd then City of Longwood, Florida, changing t ing form - to R-3 be denied. Seconded by Deputy Mayor argent expressed his appreciation ock sidering the work that w s done o request and the applicant changing his m This shows that one person does have a vo1Ce and City government does listen. Motion carried by a unanimous roll call vote. 11. ORDINANCE NO. 9 NANCE NO. OMPREtIENBIVE P OF THE CITY OFE LONGWO00, FLORI DA NC NGING THE APUTURE LAND USE O CERTAIN T IAI,-PROFEBSIONAL TO GENERAL COMMERCIAL. LOCATION. 46'I IN ~NWILMA STREET. Mr. Taylor read title only of ordinance No. 94-120"1. Mayor Miller request, explaining s arketing the property. ently t property teae where the n half siaentiale rofessional a uthern half i request i for full c ial land u and t ithe proiblem w ere a building is placed on land with two different designations.h No one spoke in opposition. 226 ny olose the p„nlio healing, onded516ye Deputy oMayor Sargent. Motion carried bysa unanrmous voice vote. Motion by C that Ordinance N - ending Ordinance No, V9 the Comprehensive Plan land and U e Plan of the City of Longwood, Florida, changing the Future land u Of c n territory from siaential-Professional :al ial. aoeation: 4 Wilma streeto- appro~ea. aea by r Aenson. Motion carried by a unanimous roll. callrvotene 12. PUBLIC NEARING -ORDINANCE NO. 94-1210, AMENDING THE PERSONNEL POLICIES ANO PROCEDURES. Mr. Taylor read Ordinance NO. 94-1210 by title only. Mayor Miller opened the public nearing. No on spoke in favor oz opposition to this ordinance. n by C close the public hearing, ded bymC er Benson. Motion passed by a unanrmous voice vote1on Motion by C - Amendinq the rs nel nsPOlici ee and n Procedures216e adopted. onded -y Deputy Mayor Sargent. Motion passed by a unanrmous roll call vote. 1]. ORDINANCE N G THE BUDGET EFI SCAL YEAR B NNING O E1993 AND ENDING SEPTEMBER 30, 1994, PROVIDING FOR CBUDGET TRANSFERS. . Tay roe read t title only of Ordinance NO. 94-1211. Mayor miller opened the epublic hearing. ND one spoke rn favor Or opposition. Motion by C r Benson, s onded by C closer the public hearing. Motion passed rby ea n by Deputy Mayor Sargent that Ordinance No. 94- ending the budget for the fiscal year beginning Octo-ermi and ending September ] providing budget 99 transfers be adopted ~ by Commissioner Benson. MOtr n passed with a unanimous roll call vote. 227 Commissioner L esteand requested that Mayor M e the public i ing that w s held c ing improvements tU angeline R Mayor M omp Li ed and explained that when he ted the aoff ice the c sultants and staff w eeting preparing for the public meeting, explained to the c sultants that agreement past ewhoedecided ro May w3 J that n improvements t angelinenROad other than drainage, s urfacing were ted. Tuesday ing's publicrm ing a that the and C ssion w e Sn c that othereewould be n additional 1 aed to this road5e only r urfacing, sidewalks and drainage aimpro ements. and explained that the proposal to i e theolanesr on Ra ngeline w not a myth, the Comprehensiven Plan clearly states that r e lanes ould be added and i angeline Road would be Bfourh laned, r addition the level of CS will also r mmSssioner and r rpts from the Background D and the Goals andeObject ivesdofxthe Comprehensive P and explained that c Wily this i official ms and ofe the City i the state will need t eapprove any a endment to the omprehensive Plan and ould possibly reject.m and stated that we need to begin action immediately nto changerthese documents. H. To AEpUEETING DEPARTMENT O TATION TO PUT AN INTERCHANGE AT GREEN WAY HOULF.VAROSPG and w approached by a suggested thatrthe CityLC theaDepartment of Transportationoc ing nstruction of a t Erom I n the s and nthe Lake Mary Boulevard exit. ead a erpt from o r land u e plan s ing sthate it o stTendC ity's policy to promote an exit in this area to relieve the traffic. n by Commissioner L and to prepare a Resolution requesting th i.s interchange and f copy to the my and State and refer and Plan. dly, ordinances change omprehensive P pinta in two lanes o angeline odd ith only andraoinage, urfacing and Rsidewalk improvements. Seconded by Deputy Mayor Sargent. Deputy Mayor Sargent c ented that Lake E slated to be widened to four lanes 1n the future and mwe should expedite our suppor[ of an added interchange. n passed by a itT Mayor Miller, and and Deputy Mayorssargent VVOting aye and commrssroner Eenson voting nay. 15. FIRST R CITY OFE LONGWOOp ~RFLORI DA, NPROVIDING FOR TH£DGRANTING FOf'HA 228 NON-EXCLUSIVE F VICES FOR THE C COMMERCIAL SOLID WABTE EI ING CERTAIN TERMS, CONDITIONS AND REpUIREMENTS. (PH 9-1-9q~0G Mr. Taylor read the title only of Ordinance No. 94-1232. Motion by C that O e No. 9 - mofsthtCity of aLOngwooadrFloiida, providing for0 the Agra nt inq of a - xclusive franchise to USA s for t collection sof c rat solid w imposing c aitions mana requirementstbe cepted at tfirst r inq public hearing be scheduled for August a Motion onded by mmissioner L es<ranal~ Notion passed by a unanimous rGll call vote ov 16. T READING, ORDINANCE NO. 9 8 (TABLED FROM ~-5-94), AMENDING CHAPTER 3.5, AMUSEMENTS A D ENTERTAINMENT, ARTICLE 22, NUDE ENTERTAINMENT, O CES OF THE CITY F THE CODE OF ORDINAN OF LONGWO LORIDA, IN I'f5 ENTIRETY. (PH e-1-99) Motion by Commissionee Lovestrand t table the first adding o - a to a inaefinine period of time, fafce~naene ~ n~lut o~ of the worx sassions. seoonaea by commiesroner Benson. made a end the e fisting mot~ionston schedule o e heuroe£ r mof Ordinance No. - '1/25/94 budget workw session. Motion passedaby a unanimous voice vote. original motion was passed by a unanimous roll call vote. 17. FIRST A 1213, IMPOSING A NINETY (90) DETIONAL USE O LICENSESTO OPERATION OF ADULT ENT..ATAINMENT EGTABLI SHMEN , TC.FO (PHHB-1-94) Mr. Taylor read Ordinance No. 94-1213 by title only. n by C Ordinance N beta cepted on i£irst rr sing w endment of 1 Olaay ra{or ium and the public hearing be scheduled for August onded by C Motion passed by e four t it hsC Deputy Mayor Bargent,oMayor M ing aye and C estrana voting nayeand stating he aid noe ceei ieo were needed. Tha commission reoessaa from B. to p.m. to a.l p m. 3B. FADING, O NCE N -1214, AMENDING T THE FISCAL YEAR BEGINNING OCTOBER I ENDI NGBSEPTEMBER 30, 3994, PROVIDING FOR BDDGET TRANSFERS AND(PH 9-1-94) 229 Mr. Taylor reaa title only of orainanoe No. s4-1z 14. Motion by C cept O e No. 94- 1214, a endinga the budget for the fiscal dyear cbeq inning Octoberml and ending September 3 1994, pxovid ing for budget transfers on first reading and schedule the Commassaoner Benson questioned the $23,000 transfer, what were the Mr. McNutt replied that Mr. McFellin had directed him not ently w notified by the Florida Retirement System that per their regulations w 23& of M Fellin's gross salary d ing his employment. Avery small portions approximately $900.00 is the be v ted. Although, the City had contributed $],500 to the I retirement system. Mr. McNutt replied to Commissioner Lovestrand required 9 days t t he had selected I retirement. Mayor Miller questioned if also paying employment to Pell in, M ould not confiem. Taylor stated thatMRe had spoken with M and the s this i Mr. Taylor had mailed a letter that iday appealingtt ing i not equitable to pay two retirements, he wil to £orwardsa copy to the refund from ICMA. Mayor Miller questioned M itR and M who ould be responsible to c cate this minformation, ith replied that the City Administrator would be responsible. Commassaoner Lovestrand requested that in the future he would like system w selected t e that tRis would n t happen again. replied t Mayorr Miller that Re w s odirected by M Fellin tt his selection of retirement system. es{rongly objected to payment for Mr. McFellin andm asuggested ethat act of subrogation ould for repayment. Mr. M Nutt cautioned that s e type o release w signed by the Commission stating legal action wouldfn t be taken against Mr. McFellin. Mr. Taylor will revaew the release and Lovestrand voting aye and commrssaoner Benson voting nay 19. APPROVAL OF QUOTEB F E CONBTAUCTION OF .,EWERAGE LINE TO ith r e four quotes submitted and stated Central Florida Underground was the lowest at $10,612.50. 230 n by c r Benson t cept the bid from entral eloridaaHnderground to provide the s nitary s ection for the City buildings, dated July 1 then unt of $30,632.50. Seconded by Commrssroner d questioned if the City Administrator o Engineer had worked oa a pay back period. itR replied that it w ertainly less expensive t repairM t septic tank but understood desire of othe Rave the buildings placed aon the s system. replied t the estimate to repair the septic tank w $") 500. Mayor hMiller the City Hall buildings w e beginning to Rave septi ct problems and also the eelice Department. Mayor Miller questioned M Tiblier that this quote did n nclude the purchase capacity and c e legally Cake capacity without paying o deferring payment an Mr. Tiblier replied t this w a Legal question that could possibly be a red by tthe auditors. Tiblier r o pursue this project that w act S nole unty ands stated that a poet ion of the capacity already purchased Ras been allocated to these City buildings. Mayor Miller c ted that i ou ld be unfair f the City n o pay for the capacity a any n ould be required. Mayor Miller r cognized M y approach the C itR her c ents. Ms. Tolose stated that she feels t aodeviation o n plan that the pipesrwill be not be laid straight down ChdurchdA and the cost would be higher for the c ial businesses nto hook up if tRey a e laid diagonally a mChurch Avenue. Tiblier explained the placement and s of pipes and the mastery plan calls for a gravity flow systemr to c ect the ict i the future. Mr. Tiblier explained that they t pursuDi ng y this nproj ect ergency requested the e the formal bid procedure. Mayor Miller explained ould have been m st l.y for either the churchhor businesses on the SovtR side of Church Avenue to hook-up rn the future and the City chose the less costly placement. 20. MONTHLY FINANCIAL REPORT. The report will be furnished t the C fission upon completion per Mr. MCN»tt s memo aatea June I5, Lz9a. 21. CITY ADMINISTRATOR 5 REPORT. Mr. ith explained that the C n had been supplied t appraisal o the building for the proposed expansion of the F Department and requested direction. stated s felt the zppraisal w s too Righ, a d feelssw other sfy at Department problem d Deputy Mayor argent pointedr o Fappzaisal w s for a cal building. estrand agreed ith recommend no offer be made. MayorwMilleroalso stated henf elt the appraisal w t higR but felt we s uld n t give up ~ ended athat the ity dmi nietratorh should o be approved at negotiate a report b esponded r Vacca thatt the o med Yirm about the price priorm tos the eappraisal but had n C discussed the price further owleage of t s desires. tedtshe ou ld like Rt e3 the Commission approve snegot iationa r Lovestrand ~ inded the C n that s ral yea agora M rry proposed building a Department o o£ the c ity buildingeand r ing t e presen[ Firee Department building for a nity building. and s ted f that w ing the 1 votersr and spread the tpayments o my year period without ing t buying the proposed burlainq versus undevelopedspropertycand16uild ing a new .,tation. Motion by C offer a $1]5,000 for the purchase of mthes building .sonMOt ion died for lack of a Motion by C offer $185,000-$190,000 d t0 authorizes the City Administrator to negotiate a price lower than the appraised value. r Vacca a ended her motion t uthorize the ~tyaAdministrator to negotiate the best price possible r and to being forward to the Commission for c sideration. Mot.i on s onded by Deputy Mayoz Sargent. Motion passed by a three t roll call V with Mayor Miller, Deputy Mayor Sargent and C ing aye mmissioner Lovestrandmla ndo Commrssroner Benson voting nay. ith notified the C that he has been unable to r ach {he C my Administratormc ing sharing the expense of ethe str eet uligRting o Hwy. - nThe v agreed that this should be r sitea3 and to cont~nues negotiations with the county concerning the expense. 22. CITY ATTORNEY S REPORT. A. DEPARTMENT OF TRANSPORTATION VS. AL. CASE NUMBER 94-1303-CA-3S- CONDEMNATION COUNTY, FLORIDA. THIS ACI ION CONCERNS A Taylor reported t nal condemnation suit Hwy. 1 t previous s uthor ized for up t four hours0 bi liable i Taylor srequestea a e spond. It was the consensus of the Commi s..aon fort Mr. Taylor to proceed. ~' 23. MAYOR AND COMMIEEI ONEAB REPORTS. gISTMI~T ~s. ana req~estaa gnat the city Administrator aire~ce tnee Personeei D~reotor to report on the progress of the concerning Mr. i(ornbluh and Felt it was left hanging. Motion by c and t request t ity Administrator n ceptLM rnbluh's r signationCa to find a position cf rnbluh whoer 5 yeadr employee. Motron seconded by Commrssroner Benson. requested that she be enlightened o this i Mrmm Smithn responded t Mayor Miller t ould defer to shim. Mayor Miller c ued by stating r nt ly nth t the Department of tal P ection (D. P.~ had i ued a directive to M rnbluhento perform ertain tests sdesignated understanding that these tests w ignoeed and the City w $60 fine. The ity Administrator ity a ney negotiated the fine d o $15,000. add tion C Mayor tMiller sighted s ral other problems c ingnM rnbluh that he w personallyVi volved with, a drainage pipe and u wed swal e. Mayor Miller rther ted that right-siting" eeded Uis department and oupl ed with the omp la intswahe nfelt the City Administrator decision w s justified, department heads table for their and r stated the nel acPOlicy, they ork at ctthes pleasure of then ity Administrator. Mayor Miller s ted that his c shaken ing department and believes rd time rfor direction andhleadersh i.p. r Lovestrands stated he hadnn with the Mayor state enlt Sand r cognizes Uat possibly Mi. rnbluh may be r a position that i not suited to him. Mr. rnbluh's past reflect satisfactory employee and believes that past m nagement should be faulted. In addition Mr. Hornb lun holds s ral valuable licenses f and Tony t Vshould m ething. oIfw at posit ion ei not ently openede than he shouldm be called upon opening. r Vacca questioned iP M ted o signed.neMayor Miller u ing t right-sizing a cipli adry a nth is rusignati on was reguestedf Mayor Miller has rno problem with r calling M rnbluh i£ position opens, but does not agree with terminating another 02 STRICT $1 233 that she w not in favor o r laving Ra ngelinenROade nhowevert she w n favor of a sflane for the people who live North of Rang el ine Road, between Church A and Williamson/LOngwood Hills odd. Traffic ery ongested i afternoons and the citizens within bhismarea are entitled tonhave improved access. Motion by Commissioner B n to install a third lane o a ngel.i ne Road sChurch Williamson/LOngwood f xii is Road to v eelieveto traffic congestion. seconded by Commissioner Vacca. ted she s onded the s n for discussion purposes nonly as nil that if sheeClived thiso she would inly n ird lane. Shen personally called four Lake a odd and asked for directions from Altamontes5prings a lagave directions v angeline Road v I-4 dry. nd stated s felt it w s lnappropri ate to consider is stuen rlane and very much against it.a Motion failed by a four to 0 Benson voting aye and Deputy Mayorvsargent,i MayoriMillerr ss rover vaooa and commissioner Lo~estrana ~otinq naymi requested that the City Planner i tigate a alternative r relieve the traffic eongestionnve ock explained t the East of Rangeline Road a ridor r oath of Lake Etn odd t arils SR a3a, which is largely Florida P transmission lines. o[Ipon i est igation, ould be ~ery expensive, condemnation proceeding would be required in addition to purchasing right-of-ways and easements. DISTRICT p2. Deputy Mayor Sargent stated t there had been a past problem with children skipping school and hhiding i ergrown a veil by the church o the c of Oleander andawi ldmere. sa trying t organize a group of volunteers t clean up this a n August a has already r d permission from the Church. LeHopefully, this will elimi natectheeproblem. Deputy Mayor Sargent also a ced the T enter has had change i roiday nights ea - s year olds dayte ingsmais family night with c ntY western line dancing ur DeputyeMayor Sargent encouraged everyone to participate. DISTRICT Aa. No report. DISTRICT pJ. No report. 234 za. Tne meet>ng aaio~r~ea et z.3o p.m. G~-tJl NxG(~. City o£ i.ongwooa, eloriaa ATTEST: ~~ Eva Neislex, Deputy City Clerk