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CCMtg01-17-94Min13 Deputy Mayor Ron Sargent mmiss eHMiller mmis sinner A rald % Act SngeCitycAdministrator rald ine D ity Clerk Richard S. Taylobri, r., Acting City Attorney 1. Mayor Lovestra nd called a regular meeting to ordee at /.00 PM. silent meditation was followed by the pledge oP allegiance eto the flag. J. COMMENDATIONS/AWARDS. A. LONGWOOD COMMUNITY IMPROVEMENT AWARD. Mayne Lovesteand said he w always pleased <o s a business o home r vated and the City wished t cognize eTHE HUTCHINSON CORPORATION foe improvements made to the LONGWOOD PLAZA at 920 HWY. Mayor Lovestrand aid this ual ribute local black entrepre arted last yea cognition of Martin Lather Hing dayne W Taylor r a proclamation r cognizing Ms. LaHeach, of L ach U sign Salon, eS >-92, for her personal achievementsoandacontributions to the'community. caeried by unanimous voice vote. 14 B. DISTRICT #1 APPOINTMENT TO THE BOARD OF ADNSTMENT. r Benson asked the Commission to approve the appointment ofmJ sell H and t the Board of Adjustment. Motion carried by unanimous voice vote C. APPOINTMENTS TO EOUTTY STUDY COMMITTEE. Mayor Lovestrand asked that the appointments to the Equity Study Committee be deferred until after Item 817. D. DISTRICT R3 APPOINTMENT PARKS & RECREATION ADV. BOARD. r Miller s d he wished to appoint Mary Huttner, former embers of the ilistorac Commission. Cazrled by unanimous voice 1. MC DIRM , AUTERIA AND DAMS. 3992/9) AUDIT REPORT Mr. Eldon McOirmit presented the final audit report for 1992/1993 and reported that the City r un9ualified opinion, which s the best opin n that couldi be r ved. mit then wed portionsio dethat the MM nagement letter status of prior years c ents saying four o£ tRe c ents were implemented and one was partially implemented. Said the growth and expansion throughout 5 nole C unty. He also presented short slide presentation whicR ihighlighted S note C unty's Economic Development Plan. Mr. VanderWOrp offered his assistance ony, 1nq attendance w cel3ent, choral groups from Longwood Elementary a Lyman Ni gh eSChool performed. aid there rating tables for children t make o ents~ S Thrift Shop w s held a p Beds no which weee ithen hdistrli bated ato needy children in the ar f local 15 erchants also donated items to be sold t the Thrift Shop. ~^ Reported that tlpositive responses were re iv rom citizens antl - the 0 and w like to hold this e ent o ual basis and would Like t rage City wide participation and ni endors, Girl outs perhaps have a mall Holiday Shop for children to purchase expensive gifts for these parents. Advised they w e looking t purchase a live t e to be used from year to year. eFUtvre events being planned included an £.aster Egg itu , Dog Ghow, etc. B. PUEL.IC PARTICIPATION. Mayor Lovestrand asked that the people wishing to speak on Agenda Items, please speak during the public hearings on those items. Ms. B Blvd., Longwood, said she has had a songwood ES ntly c and ted I any or cridentsR at 4 location, perhaps14a per m nthhand indicated c n that a point s uld get s usly Durt or killedeand requestedma light b talled. Asked lif there w any Plans to i tall a raff is el fight at this location. aid he w not of anything planned to gds Oalocation but acould check. It w noted that this w dad and would therefore have to be checked out-with thea Dept tof Transportation. ~ 6. CONSENT AGENDA. ~ B. APPROVAL OFDMINUTEE O 994 WORK SESSION AND JANUARY J 1994 REGULARJMEETING3 C. APPROVAL OF PURCHASE OF ACCOUNTS RECEIVABLE MODULE. ['ROM HTF.. D. F PURCHASE OF FAX MACHINE FOR PLANNING AND ARTMENTS. E. APPROVAL O AgUATIC sYETE , NC. AGRC£.MENT FOR TREATMENT o F. APPROVAL OF PURCHASPDOF DIESEL FUEL TANK. she wished to r e Item. A and Item 0. fromrthe ConsentsAgendadfor further discussion. Motion by C r Miller, onded by Deputy Mayoz Sargent that C oAgendao Items C. 0. E. and F. be approved. Carried by unanimous roll call vote. ITEM A r Benson questioned the bill from MaGUire and Well sm1A neys. Mr. M Nutt said the bill w s far then bond ref ina ncingt fee and was the law firm contracted by sun0ank. by C Miller, by deputy Mayor Gaegent that Items 6 r0 t Agenda be approved. I response to r' Mayor L and,nM dequatenfunds to pay the Dillsest Carriedr byK Unanimous roll call vote. 1s ITEM B aid i the work s of J ary 3, 1991,~Pa~ge 2 rshe wanted her n ertedra sheuw the person who r ended the load restrictions, side walks and bike paths. eeferanced page ] the Regular ing, paragraph s6 and BS aid WShe wanted her n erted a enhan ing t e quality of life for the crtrzens was part of her aiaoaasion. h aid she thought the paragraph in the first srp etty a rate in that it w ething that e Bryon discusseda Commissioner Benson said she thought the City Clerk the M of d ary ] ork Session and Regular M ing be approvedt as stated originally.w Motron careied by a three tto two Taylor read Ordinance No. 94-11]3 by title only. explarned that this ordinance propos s to change the land u mof property on Longwood Hills Road, owned by Mrs. Philpitt nand ock aid he has reviewed the proposed and has wed the s unding land a and r ended approval, aid newrnaa fewu suggestions within regards oto the that may w Sider changing. He noted athat the oWrdinancenw ended on first r ing a ing e hibits B and D, sthat suggested relabeled. fhe suggestedathere w redundancyri the last Three linesei the ordinance a tmbe changed t Bad "be and the s Whereby a ded asnprovided i exhibits " and " hed ande changed from Wfuture land useW designations a provided rn nole A representing N rihland C nity Church, spoke i favor of theta Ord i.na nce. No one else present spoke rn favor or in opposition. motion by c onaea by c n, o close the publics Fearing 11 Carried by unanimous voice vote so by C ss loner V ondea by C Miller, that Ordinance o - ending Oeainancemi being the omprehensive Plan anal Future Land U Plan and all Sits appendices, changing future land u signation of certain territory, be amended a proposed and be adopted as amended. Carried by Taylor eeaa Ordinance No. 94-11]2 by title only. Mr. Taylor advised that he naa proof of publication for all public hearings on the Agenda. . Brock a sed that the ordinance provided for r ing of the Philpitt property o Longwood 1ti 11s Road. Mayor Lovestrand opened the public hearing ~ No one peesent spoke in favor of the Ordinance. Speiss, Shumate Dr., noted that i - ing, Restaurants with ithout lounges w nil u andnasked i the property ould be s sed. cSpeii ssow advised that under C- ing it w ailable to the applicantaand if c sidered a onditional it could be approved w r denied. He asked if liquor licenses could be issued underl C-2 Zoning. . Skip M rudential/Florida Realty, explained that all but an 86 footn str ip of the land was already Zoned C-2 and they by Deputy Mayor Sargent, s ded by C Miller, to closenthe public hearing. Carried by unanimous voice vote. Miller asked what w e behind the property. advised ithat there w of trees and t and dips aownwtc sidence. Miller w advised ethat a landscaped buffer would be Crequir ed by code between commercial and residential Motion by Commissioner Miller, seconded by commissioner Benson, ing of c ory from a-lA to c-2, be adopted. carried bynunanvmous roll call vote. ~" PUBLIC H NOING OR 495, AND ALL ITS AMENDMENTS, OEI NG11THE COMPREHENSIVE ZONING Y8 FLORIDA, CHANGING T ONING CERTAIN TERRITORY FROM S£MINOLE COUNTY A-1 TO CITY C-3. Taylor read Ordinance N - 5 by title only. ock explained that the property, 9 ently xed, ned by Northland Community Church and theerequest waseto change the zoning Mayor Lovestrand opened the public hearing. No one spoke in favor or in opposition. Motvon by commvssioner Bens seconded by Commvssvoner Miller, endments, being the comprehensive z inq ordinance of the City of Longwood, changing the z ing o ritory from 5 nole County Agricultural to City C-3,fbe eadopted er Carried by unanimous Mr. Taylor read Ordinance N - 171. explained that they a asking that a of 3 O days bem approved i for the ney have isufficient time to prepare an adult entertainmencrorai a~oe. Mayor Lovesirana opened the public nearing. e Horvath, Alberta St., Longwood, s s had a business in Longwood for 10 yeses. Mr. Horvath spoke ern of avor of Mr. Peter Travers, 836 E. Wildmere Avenue, Longwood, aid he sided and oper ted two busi.n esses in the City and spoke in favor of the ordinances eob West, 113 Shady court, Longwootl, spoke in favor of the ordinance. e Paulson, 1 orth Ridge Lake, said she w a Seminole Countyx resident and a teacher in Orange County and spoke in favor Buddy H E. Williamson, spoke in favor o askeds that Dthe law b as steict as possible to eliminate theseatypes of establishments. 19 rry Ecuhek, 5"/0 Georgia Avenue, urged the Commission to pa s cne oramanee. Motion by Commissioner Miller, seconded by Commrssronee Vacc o n by C Miller, s onded by C that Ordinance Nom is imposing day is the approval of conditional u f licenses for sperm ~ts for the operation of adult e establishments, be adopted. Carried by unanimous roll call vote. The Commission recessed from S.1"! PM to e:l) PM. F.BY PONTIAC V ULAR STORAGE 650 N. HWY. 11-92. TAPPLICANTCO`cOURTESY PONTIAC. ock explained that t ealership is proposing to develop a portion o t propertyhf or c storage and i also requesting required internal landscaping; the w t buffer ov be left i its natural state; all building sperm ~ts i ued will be c ingent upon applicant providing St. John's Rives Water Managementn perm it or emption; buffer area along Longdale Avenue and drainage had been previously approved, r commending a refund of $SO0 of the $1,000 engineering review fee. s posed; said the parking a a proposed strictly for o erf low parking for n and trade-in v isles, xplai ned that the proposal is indicated on the site plan in dark outline. Motion by C Miller, onded by Deputy Mayor Sargent ommissioner sec that the site plan fox C esy P Vehicular S rage be approved subject t tiff ~ ands that the $a0o refund be given to the owner. Carried by muna nimeus roll call vote. ACCEPTANCE OF ANNUAL AUDIT REPORT - F/Y 1992-199] the audit for F/Y 9 e accepted as presented. Carried by unanimous roll call vote. Dale Lilly s d he had t Mayor L and, M and Ms. L x because he r called to ordinance ethat s Quid Christmas P ride. aid he f e havde wsuch a ordinance and n anger h a parader t should be r dedn Sa itl he started the parade sin 985 ands was chairm anid has ~ supported it the last ew years. 1 Mayor L and said there i ordinance and said M Lilly's matle s but the ordinance says that the parade is the responsibility eof tithe parade committee and it was the parade liberty w ing t taff ana felt if ue c mittee w tea to plan a parade, that w s fine but he did not offer much s help. He said the committee did not grab the ball and run withtaTf Mr. Lilly said o of the things needed from the City w s help from tafF in having na point for people to turn in their applications and help with putting together the line up of the parade by omputer, but that much could be done with volunteees. aid i the past people w e lining up to help the c Lilly nsaid he would like t rade continuem ae he thought i right spot and ow ething for the citizens of the city tosgo and would offersa istance but did not know if he would be here next year as his house was up foi sale. Ms. Lomax said she had seen assigned to take the minutes and said mittee it shoo ld be a separate entity, working o its o eels tomhave its o ary and be a established comm ittee nthat is willing to gowall thetway to put on the Parade. Mr. Jim DeGOr e, 1369 La nd ey C rcle, aid he w n the parade for years and 1 aid he understood othat it was cancelled due to lack of response. Lynn B eckon, Chairman of the Parks and A Advisory B and said because there w o par the Advisoeye Board felt s mething had to be done and that w adwhy the tree lighting c tiny w held, peputy Mayor Sargen[as a lot of people spoke to him when hey Heard t o parade e d b o parade this yeas does n there will n ra be o wMS.n Breckon said perhaps it couldebe incorporated with a lighting ceremony. aid she old like propose that the ethinkc about changingwthe P rade C a Holiday itynCOmmittee s e tlon't have to be dependentt o andatory parade and suggested w e a sub-committee of theaParks and Recreation Advisory Board. b e last year rof tithe em s participantse CSheyalse said that ther enw ork fell to a e people who s wedauphatrthe m ing and w ~rytit out s tnereh would be a parader ishould decide if e is not a parad e, Sa nd i n ake at off the books and u..e rthe money for someehi nq else.f 21 Mayor Love trend brought up a few points; such as traffic problems, ~~ objectionss by s cal merchants a a problems with the hospital and suggested t ssion provide the city Administrator with ' input in this regard and that the discussion be rescheduled forranother meeting. sR 434 B on proposed that askE the CityTAdministra tort make contact with t ntyma with beautifying SR 4 medians and right ofnways,stpossibly using x cape plants. She noted that this would be a step toward f ing t ity's m statement Enhancing the quality o Life for o sShe nasked t the necessary funds be fappropriatedr to accomplish the project wed with respect t street lighting a that Capt. Baker reported there w e Lighting isad im and asked that ty Administrator if there is adequate Eunding mr ailablek toe nstall the dry lighting. Mayor Lovestrandv said he thought the Commission, at a peior meeting, that there additional light that discussed. Commrssion agreed athat the street lights be rnstalled as per the funding in this year's budget for landscaping Df any medians, 42'1 already ing sidered for beautification, ing volunteers and donations. co $104,ODD w already taken in Uis year's budget. R state funding, and future plans for 15. FIRST READING, 0 11"18, AMENDING TH£ F/Y 93/94 BUDGET, YRDV'S'D ING FOR BUDGET TRANSFERS. Mr. Taylor read Ordinance No. 9a-11~s be trtle only. explained that the budget amendment was required as funding ufor fluoridation was recerved. Motion by C by C Miller, that Ordinance N cepted on first rm sing a that a public hearing be scheduled for February Z, 1994. Carried by READING, - RDEPARTMENT. (d) RESPONSI BILITIES.~ P THE CITY POLICE DEPARTMENT To ACT AS THE CITY E TRACFIC ENGINEERING DEPARTMENT. Taylor read by title only. aitl this ordinance brings back s mething that w abDlisheda and n s the Police Department and Police Chref to be rn charge of traffic engineering ordinance with Chief M nni nq, ief has a ked t t his with the language i sh (c)(a) and (f)sbe brought t e has casrkea that all the approvals not be subjectrto thet Ci tyr Administrator and/Or City Commisston. After discussion, the agzeed that the Oed finance be ended as follows: endmsection (c), first sentence by deleting the words "city Admin mstrator ana/or". n (a), f e by changing the word empowered end uthorized'•tand deleting the following phrase object t approval o ity Administrator and/Dr ity C end 5 n (ff hef irs< , by deletingC the phrase 3 subject to the capproval of the CityeAdministrator and/or City Commission and by changing the word are' to rs . Motion by C r Miller, s a by C r Benson, to end OrdinancesNO~n90-11]9 and t cept OxdinanceoN eading a ended antl that a public hearing b scheduled9for February ], 994. Carried by unanimous roll call vote. 16. RESOLUTION NO. 94-]41, APPROVING AND ACCEPTING TtiF. SEMINOLF. COUNTY t1UMANE SOLI LTY ANIMAL CRUELTY INVESTIGATORS. Taylor read R solution N - i by title only. explained that the r solution n individualsMa mal abuse i tigators, ethereby a fist ing law enforcement officers in mattern of inhumane treatment of animals. Mayoe Lovestra nd a hey w e qiv eetain police powers and Mr. Forman eeplieds the tl they a under State Statute given certain powers to i estigate and make out reports and if they s abuse, to request a istance from the police. Said that after an arrest they ao become part of any prosecution. Taylor said initially he w a little c a but understands that this type r solution has sheen passed no val basis and aid he spoke t the 5 iety who advised that their m n function hi Oef Dllow-up o mat placement a take s a question neighbors and if nit hooks l ikesa olaw has besot violated they then turn it over to [he Police expla.i ned that he w e founders of the H Societyma nd explained the difference betty en Animal Control and the 23 iety saying the s iety w eep ine a mars a Liveefor ca longer period of time in oeder of ortl them to be adopted. e different functions oY Anrmal Control and Humane Socrety were aisOeaaea. mayor L ana spoke in defense of the s ety. aid this i efeort c supplement t my ana ine m n is t that the a heyh give out for aaoptione are taken care sofe Said they have nott been a problem in the past. Mi. Taylor said the r solution could be redrafted to limit t powers to what they a wally doing v the powers grantedeto them by Statute if the eCOmmtission wished s explained that if the 5 ety i t given authority by the m cipality, and there are abuse case ,nthey cannot come rnto the city. Motion by commissioner vacca, seconae by Deputy Mayor Sargent that RESOLUTION NO. 94-7 , 1TABLISHING AN EgUI TY ETOUY Co Mr. Taylor read by title only. n by C r Benson, s onded by C Miller, that Resolutions NO o94-742, establishing an Eguity Study Committee Mayor Lovestea nd a ked that the appointments be deferred to next eetinq a that inventory sheets be filled out and presented at that t>me. Motion by Commissioner Miller, ontinue the meeting for SO notes a five minute breakc commencing now. Carried unanimouslyth The Commission recessed from 10.00 PM to lo. o] PM. RESOLUTION NO. ECLARING SPECIAL ASS ESIMENTS FOA PAVING OF A PORTION OF 5. OAK STREET Taylor read by t only, expla i.ned the special Dads to b rimproved. aid they have b Ompletetltana enow the c• y 1s assessing the property owners 40&eof the cost. ~ n by C onded by C Miller, t Reso lotion No. 99l'1SSY declaring special assessments rfor pavinghof 24 a portion of S. Oak Street, be adopted. Carried by unanimous roll call vote. Motion Dy C ona ed by C Miller, that Resolu<ion N m3941~36 declaringcspecial a sefor the paving of a portion of Reeder Avenue, be adopted sesCarriea by unanimous roll call vote. that R solution N - declaring special a ents for the pavingeof Second Pla e4, be'adopted. Carried by unanimous Boll call payments and Quid be paid approximately years,a being the first quarterly payment for thi sW year Yen ted that tlhe City Administrator's budget 43% expended due t othe payment of the s e pay and a as}ostment wo»la nave to be. made; said the Limieean nevenue eona,~ ended the F e Director and nis Departmenh for i~yreorwa~a mwitn ene o repora, oonsiaerinq the year end report is a special type of report. mmissioner Miller said he thought the audit report was also outstanding and commended Mr. McNutt. A. CONFIRM APPOINTMENT OF DIRECTOR OF PLANNING S ZONING. happy t that he w the s rof nSOhnsM ock asp the n each ofd the tPlanning Department es aid M 6rock rw s nixed a aey of $32,SO0 and asked t approval. t acid rh isa experience a cation indicate mhim lto be a fine s antl that he has the bility to bring the City into the 9o s and 3a lso work on the City's revitalization plan. Motion by c onaea by c Millar to m the appointment o SohnsD ock to the positioned or ofnPlanning and Zoning. Carried by unanimous roll callfvote. a you all know Sandra Lomax a ector of Parks and atidn and t n this item w s pla ea o agenda w duert the fact that back i July o e became Heaa of the Department, t o formal r cognitionr, but a cept Mr. McFellini's r endat ion during budget work ns Mr. Korman asked that thecCOmm iss ion t appoint Ms. Lomax formally, Lomax and was in favor of the appointment Mayor Ldvestrana reported t Representative c and Representative Starks had agreeat to be present at the Town Ha11 meeting. it was the consensu., of the Commission that the regular Commission by c by c mmissioner v e to them etinq an additional i5 minutes. Carried by unanrmous aid at the Lake Mary m ing, volunteered Longwood to host the T unty m Lngiin Novembexnbut when the schedule c Dogwood w scheduled to host i aid this i t budgeted for Ch is year and said he spoke with Bi11 Breeezea,G Exec. Dieector of Tri-County, who said there o problem t reschedule to 1995. The Commission agreed touresbchedule to 1995 . Korman referred to the letter which he had sent t the C my regarding F iry Lake C na 1. aid he w expecting a letter anduthe nutes from Che C unty aPPr owing the City's p sal and explained That t ity and County will have oto enter into an ~ interlocal agree: entc 23. CITY ATTORNEY'S REPORT. A. TEMPORARY ETR[ICTORE - STANDARD BUILDING CODE. Mr. Taylor rePOrted that temporary structures a allowed to be o skias, f properly anohorea and that the Eoilaing inspector has peen so ~aawisea. spoke t and advised of what had nspired and that i s legal. G asked why Mr. s did not m e the building andMM replied that Me. Goens said he ca n~'t because it would obstru~tmhis view o£ the lake agreed that Mr. Goens had been given viable options and if De chose B. Mr. Taylor said at the first reading of Ordinance No. 94- 11>1, a portion of the ord i.nance w s tabled and r aed i cleaned up a taken f eom the table and that those oexhibits that were tabled be denied in order to be started anew in the Luture. Motion by C Dndea by C Mi11ez, that the portionm of sthee proposeds Ordinance N - previously e brought up on the table, carried by9unanimous roll call voteed Motion by C onded by C r Miller, that the portionm Df sthee proposeds Ordinance N 4111]1, previously tabled, be denied. Carried by unanimous roll call vote. 24. MAYOR AND COMMISSIONERS AF.PORTS. T 41. aid she ishea thank the staff £or angingneandHa host i.ng the ing~ anked the City Aamin.i steator foe impeovi ng the LfrODntee o City Hall and ing the complaint about the trash problem at Township Plaza whichthas been resolved. r Benson thanked the Police Department for taking c ofm then traffic problems o Dogwood Hills Road and L e Emma as well a Chuzch Aven noting that many traffic citations were STRICT k2 No report. DI TRICT k3. ked that DM Lynette D imbursed her a s fees for the injustice a aid she w s brought befoee theDC and charged with o s that she w not guilty of, o empt r ether f he Codess Enforcement Boards Gaia the charges were grounalesr 27 Motion by C Miller that we have a of the ~~ n toma <no:"ize e ney to prepare a orai~ance, i ~enlunction wi ttor City s Administrator ~aefense mburse Lynette nrs for her ah ney fee spent on her asked if it w mal procedure when charges aremdroppedrthat sattorney's fees be awarded. Taylor responded that Statute 5 says if there justiciable is su there could be an award of reasonable attorneyns fees. Miller s there w e people who w trying to torwardianpolitical agenda and thee charges were groundless. r Benson indicated c that the Commission may not Commissione onceen have That domain and it would set a precedent. by c onded by C Miller t askithe Attorney t orkVwith the City A rat or oto aea up the ordinance needed to discuss the issue aatm that time. Motion by C Miller, s onded by C entl the meeting to 11.00 PM. P Caeried by ounan rolls call vote. Mayor Lo estrand asked the Attorney's for his opinion, in this ifv the City would be justified in reimbursing her. ~ Taylor said he would prefer to r rch t e question but said the Bally ompromising potential claim alternative would be [o go t aIt w ted that the fees anted to 5500.00. sibility of the insurance carrier covering the payment was mentio~ea. Motion carried by unanimous Boll call vote. oISTHI CI' Fa. No report. oISmai c't' #s. Mayor Lovestrand referred to he had previously distributed t the C With respect to a ending the Arbor ordinance he said the application and permitting procedure to apply foc a Arbor permit is burdensome t the homeowners, a asked t staf fnbe authorized to draft an ordinance adding the phraase "except owner o copied homesteads". Motion b anted by C to ask the CitymAttorneyrt wethe A finance and change it to state "excep ownee occupied homesteadsord Mr. K suggested that instead of taking it out carte blanche /` that w eetain the language that would continue to keep specimen teees.e 28 Motion carried by unanvmous roll call vote. Mayoz L estrand referred to h regarding the w er/sewer system. owHe said the Administrator ehas already begun talking to do a financial feasibility study on the City's sewer system. It w s the c of t n that the City Administrator negotiate with [heat auditingmcompanies t what i ost to do a finan ial feasibility study on the water and sewer syatem. raldv,e o. ~ mbr~~ city'Clerk