Loading...
CC03-18-13MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES MARCH 18, 2013 7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor John C. Maingot Commissioner Joe Durso Commissioner Bob Cortes Commissioner H.G. "Butch" Bundy Dan Langley, City Attorney Jon C. Williams, City Administrator Sarah M. Mirus, City Clerk Troy Hickson, Police Chief Bill Gulbrandsen, Fire Chief Sheryl Bower, Director of Community Development Chris Kintner, Planner/Stormwater Marilyn Douglas, Purchasing Manager Chris Capizzi, Acting Director of Leisure Services Patrice Murphy, Economic Development/Special Projects Michelle Longo, Executive Assistant to City Administrator 1. CALL TO ORDER Mayor Sackett called the meeting to order at 7:02 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcements: A. Senior Matinee will be held on Wednesday, March 20, 2013 from 1:30 p.m. until 3:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is 50 First Dates. B. A Bunny Breakfast will be held on Saturday, March 30, 2013 from 8:30 a.m. until 10:30 a.m., Longwood Community Building, 200 West Warren Avenue. Adults are $7.50 each, children from ages 3 to 11 years old are $5.50 each and children from age 2 and under are free. CC 03-18-13/107 4. C. The 2013 Magic 107.7 Easter Egg Hunt will be held on Saturday, March 30, 2013 from 9:30 a.m. until 12:00 p.m., Reiter Park, 311 West Warren Avenue. Mr. Capizzi said they would like to extend an invitation to the City Commission to attend the Easter Egg Hunt and judge the baskets. RECOGNITIONS/PROCLAMATIONS. A. Nomination of the Beautification Award. Commissioner Bundy said he would like to nominate Mr. John Sunner for the property he has bought and converted. He said he has done an outstanding job with it, inside and outside. It was the former DeRosa home located at 152 West Warren Avenue and was immediately west of the Bradley -McIntyre House. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. Commission nomination of a resident to the Board of Trustees for the Police Officers' and Firefighters' Pension Trust Fund. Commissioner Cortes nominated Mr. Greg Cetera, 590 Freeman Street, to the Police Officers' and Firefighters' Pension Trust Fund. Nomination was carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Public Participation. Jeff Dix, Dix.Lathrop and Associates, Inc., 150 West Jessup Avenue, said he was going to be discussing the Jessup Avenue Paving Project. He said he viewed a set of plans and was reviewing the final construction plans, and he noticed on the plans something that they talked about at a public meeting last year when the former Director of Public Works/City Engineer, Mr. John Peters held a meeting. It was regarding these bump -outs that contained parallel parking spaces. He said they discussed how it would be a good idea to get rid of these bump -outs, which was kind of standard in urban planning. It allows for a lot more parking spaces. He said the final plans have these bump -outs in front of their Barn, they were left with just one (1) parallel parking space. If the bump -outs were not there, they could have two (2) or three (3). In front of their Bungalow, which was at 135 West Jessup Avenue, the bump - outs were only leaving them with two (2) spaces, when they could have four (4). He said they were a growing company, and they have about twenty (20) employees and right now they park seven (7) or eight (8) cars on that street. If they lose that many spaces, they were going to be forced to park other places like the City park and down the street. He said the Engineer and Mr. Peters agreed CC 03-18-13/108 with the idea when they had that public meeting. Everybody thought why not just run it straight and park between aprons, so he said he was unsure why it did not get picked up when the plans were fmalized. He said the second thing he noticed was that they have an existing sidewalk street on Jessup Avenue in front of their Bungalow, and the plans were calling for, in a very small note, to remove the sidewalk. Apparently, the plans were to remove that piece of sidewalk and turn it into mulch. He said they have a lot of employees that want to take the train when it starts and walk to work, and here their handicapped accessible route of perfectly good sidewalk was just being taken out. He said he knows from doing this kind of work, any engineer can meet the grade of that sidewalk. He was not sure why it was being taken out and seems funny to him that it would be gone. He said those were the two (2) issues he wanted to bring up. They were really happy about having the project go, but it was unfortunate that these details were not caught. Commissioner Bundy said he thought the City Administrator was going to address this in his Report. Mr. Williams responded in the affirmative. 7. MAYOR AND COMMISSIONERS' REPORT. District #2. No report. District #3. No report. District #4. No report. District #5. Mayor Sackett said he had everything dealt with, and events all went nice. He said there was one (1) issue with parking. He said the smokers at the Skate Park were a problem. He said he went there three (3) times over the past couple of weeks, and there were cigarette butts on the ground, and he saw one (1) person smoking a cigar, and also saw a cigarette being smoked there on Saturday. He said he asked them to put them out, that there was no smoking there, and they were both very courteous and did put them out. He said it was six (6) years ago that they dedicated a smoke -free park, but they allowed smoking on the west side near a clay pit. The skaters do not have an area like that, and he was wondering if it was time to give them an assigned area further toward the Cemetery corner. He said they were defeating the purpose because they were going to smoke and throw it on the ground, and yes it was not allowed, but why have that argument all the time. Commissioner Bundy said he thought they had discussed that at a previous Commission meeting, and they talked about doing just that, creating a smoking area with a picnic table and receptacles over toward the corner CC 03-18-13/109 near the Cemetery. That way, it was not far away, but far enough so it would not bother anybody. Mayor Sackett asked the City Administrator if he remembered that. Mr. Williams said he recalls a conversation of it, but he does not believe it was ever brought back by staff in the form of an ordinance, but they could certainly follow-up on it. Mayor Sackett said please bring it back because there were many butts on the ground, so there was a hundred people breaking the rules. Mayor Sackett said he would also like to say congratulations to the Police Chief. He received a not guilty, no evidence ruling. District #1. Deputy Mayor Maingot said he echoed that sentiment as well. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. Mr. Williams requested to withdraw Consent Agenda Item 9 E and requested Consent Agenda 9 I be added to the Agenda and it was as follows: Item 9 I, approve for the assignment and assumption of Contract for Sale _ and Purchase of certain real property located at 329, 349 and 357 East Jessup Avenue for the purpose of stormwater infrastructure for the Transit Oriented Development (TOD). 9. CONSENT AGENDA. A. Approve the Minutes of the February 25, 2013 Work Session. B. Approve the Monthly Expenditures for February and March 2013. C. Approve the Monthly Financial Report for February 2013. D. Waive the formal bid process and approve the issuance of a purchase order in the amount of $35,615.80 to Flooring Headquarters for the installation of new tile flooring throughout the Police Department. E. Approve to host a Tree Dedication Ceremony for Senator II to be held on Saturday, April 27, 2013, starting at 10:00 a.m. located at Reiter Park. CC 03-18-13/110 F. Approve the Leisure Services Department and the Parks and Recreation Advisory Board to move forward with plans to host a Chili Cook -Off event on Saturday, September 14, 2013. G. Approve to award of a contract and issue a purchase order in the amount of $477,462 to The Collage Companies Construction for ITB #04-13, for the Reiter Park Hardscape/Landscape/Site Improvements for Phase I. H. Approve the Reaccreditation Law Enforcement Agreement and authorize the Police Chief and the Mayor to sign the Agreement and all associated documents between the Longwood Police Department and the Commission for Florida Law Enforcement Accreditation, Incorporated. Added Agenda Item: I. Approve for the assignment and assumption of Contract for Sale and Purchase of certain real property located at 329, 349 and 357 East Jessup Avenue for the purpose of stormwater infrastructure for the Transit Oriented Development (TOD). Deputy Mayor Maingot moved to approve. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. Read by title only and adopt Ordinance No.12-1993, which creates an authorizing ordinance for the Longwood economic development tag abatement program. Mr. Langley announced having proof of publication for this and all Items listed under Public Hearings. He then read Ordinance No.12-1993 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. Commissioner Cortes moved to approve Item 10 A, Ordinance No. 12-1993 as presented. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. CC 03-18-13/111 B. Read by title only and adopt Ordinance No. 12-1994, which proposes approval of a Small Scale Comprehensive Plan Amendment (SPA 01-13) to the Future Land Use Map, changing a portion of the property with the Parcel ID 31-20-30-5AU-0000-8330 (349 East State Road 434) from Conservation (CON) to Infill and Mixed -Use (IMU). Mr. Langley read Ordinance No. 12-1994 by title only. Mayor Sackett opened the public hearing. The following spoke in favor to the Ordinance: Rob Bruce, 349 East State Road 434, said he was the Owner of the property and spoke in favor of the Ordinance. No one spoke in opposition to the Ordinance. Commissioner Cortes moved to close the public hearing. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 12-1994 as presented, Item 10 B. Seconded by Commissioner Cortes and carried by a unanimous voice vote. C. Read by title only and adopt Ordinance No. 13-2002, which amends the Longwood Development Code, Article II Land Use and Overlay Districts, Article III Development Design Standards, Article V Supplemental Standards, Article VI Signs, Article IX Hardship Relief, Article X Administration to Streamline and Clarify Existing Development Processes, and providing for conflicts, codification, severability and an effective date. Mr. Langley read Ordinance No. 13-2002 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Cortes and carried by unanimous voice vote. Mr. Langley said for clarification, he believes there was a recommended change between first and second reading on CC 03-18-13/112 this Ordinance, and he wants to make sure the motion includes the revision. Ms. Bower said based on the feedback between the two (2) meetings, they can propose that they actually strike the language on the Historic District. That would be Article IV, and they would not be allowed as a primary use, and they would have to find another mechanism in which to allow the particular one in question in the Historic District, which could be maybe handled by special exception. Commissioner Cortes asked if that included the Section B, where it mentions mixed -use. Ms. Bower responded in the negative and stated because it was still allowed as an accessory use. That, they did not change. Commissioner Cortes moved to approve Ordinance No. 13-2002 as presented Item 10 C with the deletions as presented by the Community Services Director, which is Item 4, Historic District only. Seconded by Deputy Mayor Maingot. Mayor Sackett asked Mr. Langley if that was done correctly. Mr. Langley responded in the affirmative and said they will use that as a substitution motion, if they were the original person who made the motion. Commissioner Cortes responded in the affirmative. Mayor Sackett said then that was done correctly. Mr. Langley responded in the affirmative. Motion carried by a unanimous roll call vote. D. Read by title only and adopt Ordinance No. 13-2004, approving the extension of the Non -Exclusive Franchises for the Collection of Commercial Solid Waste and/or Recovered Materials for an additional six (6) months. Mr. Langley read Ordinance No. 13-2004 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. CC 03-18-13/113 Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Cortes and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 13- 2004 as presented, Item 10 D. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. Read by title only and adopt Resolution No.13-1328, establishing processes for application, commitments and reporting for the Longwood Economic Development Tax Abatement Program as set forth in Ordinance No.12-1993. Mr. Langley read Resolution No. 13-1328 by title only. Commissioner Bundy moved to adopt Resolution No. 13- 1328 as presented. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. 12. CITY ADMINISTRATOR'S REPORT. Mr. Williams said with respect to the Item brought forward under Public Participation, Mr. Jeff Dix, in the paving of Jessup Avenue. He said he prepared a little packet for their consideration and discussion tonight. He said the top sheet, which was the sheet that has the blue highlight, shows the parking spaces as a parallel type parking space, and the second sheet shows a re -design of forty five (45°) degree angles. He said he would note on that one that the forty five degree (45°) angles need to flip back to the other direction because it does not necessarily add up. He said he talked to Mr. Jeffrey Earhart with Cribb Philbeck Weaver Group (CPWG), who was the Engineer of record and who actually has completed the designs regarding that which may have taken place between Mr. Dix, Mr. Peters and the Engineer. He said he does not recall those items ever coming forward initially from the public participation, or it did not receive any further direction from Mr. Peters;at that point in time. He said it was not too late to make a change, but there were some additional costs associated with it, of which they do have some of the funds identified in a Public Facilities Improvement. He said the total cost for the change to a forty five (45°) degree angle parking space will require some additional engineering and bricks. - They would have to go back to St. Johns River Water Management District (SJRWMD) for a request for a revision, and they were looking at a package price of about $43,143. Over the existing blue design, they will have a net gain in eleven (11) parking spaces, so when they look around in CC 03-18-13/114 the Historic District if they were parking poor, they picked up eleven (11) additional spaces that they can use. Mayor Sackett asked Mr. Williams about the sidewalk. Mr. Williams said the sidewalk, as designed originally moves the north side of Jessup, and the design for the forty five degree (45°) angle does consider the sidewalk on the north side of Jessup. He said as they look at the right-of-way there, it gets very narrow when they start looking at forty five degree (451) angle parking, sidewalks and some parallel parking that would exist on both sides. He said historically, it was his understanding that they have only done sidewalks on either the north or south or the east or west sides, but not on both sides. If they can accommodate, they can certainly ask that question, but he thinks they were going to run into right -of- way issues and encroachment issues. Mayor Sackett said, but he will be part of that conversation. Mr. Williams said he certainly will be. Commissioner Bundy said he would like to see a cost of ---forget about angle parking, because he knows in talking with Mr. Dix, the concern was not to change it to angle parking, but to eliminate the bump -outs, the plantings and just make it straight parking along there. He said that would seem to be a very easy and economical fix for it. He said what they were going to spend in extra bricks, they were going to shorten the amount of curve they were going to have, plus they were not going to have to plant it, and long-term, the maintenance cost will go down. He said he feels that would make a lot more sense than $40,000 for eleven (11) parking spaces. That was $4,000 per parking space. He said they won't spend that much on a parking garage per parking space. Mr. Williams said Mr. Dix was okay with eliminating forty five (45), the bump -outs and the parallel parking along the side of the street. Mayor Sackett said Mr. Dix was going to be okay, if they were okay with it. He said that was what they were asking for, a straightaway street instead of a bump -out and more ornate street. Mr. Williams said he understands this concern was raised and brought through staff back to him, so that was why he was asking. He understands they get the final say. Mr. Jeff Dix said they never requested angle parking. It was just -removing the bump -outs that Commissioner Bundy mentioned. CC 03-18-13/115 Commissioner Bundy said he was glad he reaffirmed that; because when he and Mr. Dix had the conversation last week, that was what they talked about, just eliminating the bump -outs and just putting parking spaces in there. He said that was almost a net -net for what they were going to save on concrete curve versus a few more brick and road bid. Mayor Sackett said to negate some of that number that they were talking about with the $43,000. Deputy Mayor Maingot asked if they would have to go through SJRWMD for any adjustment. Mr. Williams said he presumed not. That was why he was asking for that clarification. Commissioner Bundy said he wanted to tell you, $10,000 for Engineering to change the parking. That was a lot of money. He said he was assuming they have already got it on their computer, and it was a matter of doing some calculations and removing some lines. He said when he does shop drawings, it takes him about ten (10) minutes to do something that complicated. He said that raised a flag with him, because he said he was tired of people, because it was a government project, they will bid it low and will change - order it to death. Mayor Sackett asked Mr. Williams what the process would be. Mr. Williams said he will go back to Mr. Earhart with the knowledge at hand, and have him revise these sketches to eliminate the bump -outs, and provide him with what the impact of that would be. Hopefully, downward, and they can certainly accommodate that. Commissioner Bundy said if it were a few thousand dollars, he could understand. Mr. Dix said he understands there was a utility pole in one of the bump -outs, and he can understand they would not want to move that, but regarding the sidewalk, he said he would ask if they could look at it one (1) more time because when he looked at the plans there does not seem to be a need to take it out. He said maybe his grades do not match up, but it seems like he could have. Mayor Sackett said that was his understanding was that it would be part of the conversation, but not necessarily guaranteed. CC 03-18-13/116 Mr. Williams said they will certainly ask and try to keep it. They �.. have to look at the right-of-way and whether or not they have any encroachment issues or not. 13. CITY ATTORNEY'S REPORT. Mr. Langley said he wanted to say kudos to the City Commission and the Police Department for being leaders in the enforcement of the anti - gambling laws against internet cafes. Allied Vets finally got prosecuted and their leaders were arrested, and the Longwood Police Department was there and was involved with some of the first raids on internet cafes, and eventually, with the insistence of the local law enforcement, the State and Federal government got involved and actually took down that organization. Deputy Mayor Maingot said Longwood was the one who initiated the action. Mr. Langley said they stood up to them. They had a lot of money, and fortunately they went away. It has taken some time, but the Federal and State government finally got involved, and were looking into that organization with a microscope. He said as they know, when they sued us, they refused to produce their financial documents. Instead, they decided to dismiss the lawsuit against the City of Longwood in order to continue their operation under cover of darkness without people knowing what was going on. He said anyway, kudos to the City. It was a big deal. 14. CITY CLERK'S REPORT. Ms. Mirus said in regards to moving forward with the Organizational Meeting for the Charter Advisory Committee, they needed some of the Appointees contact information, so she can contact them by telephone to get that Meeting going. 15. ADJOURN. Mayor Sackett adjourned the meeting at 7:30 p.m. Brian D. Sackett, MavCr ATTE Sarah M. Mirus, MMC, MBA, City Clerk CC 03-18-13/117 This Page Left Blank Intentionally. CC 03-18-13/118