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CC11-07-16MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES November 7, 2016 6:00 P.M. Present: Mayor Joe Durso Deputy Mayor Mark Weller Commissioner John C. Maingot Commissioner Ben Paris Commissioner Brian D. Sackett Dan Langley, City Attorney Jon C. Williams, City Manager Michelle Longo, City Clerk Chris Capizzi, Leasure Services Director Lee Ricci, Human Resources Director Lisa Snead, Financial Services Director David Dowda, Interim Police Chief Mike Peters, Interim Fire Chief Chris Kintner, Interim Community Development Director Tom Kruger, Economic Development Manager Tom Smith, Division Manager Streets 1. CALL TO ORDER. Mayor Durso called the meeting to order at 6:02 p.m. 2. OPENING INVOCATION. Ms. Randa Black with the Central Florida Freethought Community gave the Invocation. 3. THE PLEDGE OF ALLEGIANCE 4. COMMUNITY ANNOUNCEMENTS. Ms. Longo read the following announcements. A. The "Downtown Longwood Cruise -In" Car Show will be held on Saturday, November 12, 2016 from 5:00 p.m. until 8:00 p.m. in the Historic District of Longwood located off of Church Avenue. B. The City of Longwood will host the fourth annual "Chili Cook - Off" in conjunction with the monthly car show on Saturday, November 12, 2016 from 4:00 p.m. to 6:30 p.m. in the Historic CC 11-07-16/1 District of Longwood located off Church Avenue. A taster's kit can be purchased in advance for $5.00 or on the day of the show for $7.00. C. Senior Matinee will be held on Wednesday, November 16, 2016 from 1:30 p.m. until 3:30 p.m., Longwood City Hall (Chambers),175 West Warren Avenue. This month's feature is The Sea of Trees. D. The 40tb Annual Longwood Arts and Crafts Festival will be held in Downtown Historic Longwood, from 9:00 a.m. until 5:00 p.m. on Saturday, November 19, 2016 and from 9:00 a.m. to 4:00 p.m. on Sunday November 20, 2016. E. Celebrate the Season will be held on Friday, December 2, 2016 from 6:00 p.m. to 9:00 p.m. in the Downtown Historic District. There will be ice-skating, train rides, food, crafts, games, a chance to visit with Santa Claus and the lighting of the tree around 6:15 p.m. F. The Longwood Citizens on Patrol Christmas Parade will be held on Saturday, December 3, 2016 at 3:00 p.m. and will make its way through the Historic District of Longwood. 5. PROCLAMATIONS / RECOGNITIONS A. District #1 Presentation of the Business Person of the Month Award for November 2016 to Eric B. Marks, President of Avex Homes, LLC, located at 28 East Washington Street, Orlando. Commissioner Maingot read a brief biography on Mr. Eric B. Marks and then presented him with the Business person of the Month Award for November 2016. Photographs were then taken. B. Proclaiming November 17, 2016 as "World Pancreatic Cancer Day". Commissioner Paris read the Proclamation and then presented it to Mr. Scott Mabry. Photographs were then taken. C. Nomination of the Beautification Award. Commissioner Maingot nominated the Tiberon Cove Subdivision for the Beautification Award. Commissioner Maingot withdrew his nomination and delayed until the next quarter in light of the Church Avenue construction. Nomination withdrawn by a unanimous voice vote. CC 11-07-16/2 Commissioner Sackett nominated Orlando Health - South Seminole Hospital for the Beautification Award. Nomination carried by a unanimous voice vote. 6. BOARD APPOINTMENTS A. District #4 Nomination to the Land Planning Agency. Deputy Mayor Weller nominated Mr. Glenn Kirwan for appointment to the Land Planning Agency. Nomination carried by a unanimous voice vote. B. District #2 Nomination to the Board of Adjustment. Mayor Durso nominated Mr. Tom DeNegre for reappointment to the Board of Adjustment. Nomination carried by a unanimous voice vote. 7. PUBLIC INPUT A. Presentation: Mr. Andrew Apgar with Schneider Electric to give a presentation on Capital Improvement & Reinvestment Program. Mr. Apgar gave his presentation and went over the corporate overview, program overview, program delivery, and program benefits. He said the next step would be asking for Commission approval of the Energy Services Contract, to be followed by financing. He went over the next steps following financing. He said there would be a construction period, and at the end they would train staff on the use of the system. He stated there is an on- going performance period by measurement verification. He said they test a sample of the water meters to ensure they are performing as they should, and then provide on -going services to perform data analytics to make sure the City is achieving the revenues that are outlined within the contract. He said they would be replacing about 5,900 water meters and will work with staff to include all new ones as your infrastructure grows. He stressed they want to be here to support the City as it grows and provide their expertise. Discussion ensued and Mr. Apgar answered questions from the Commission. B. Public Participation. JoAnne Rebello, 301 Loch Lomond Avenue, Longwood said approximately six (6) weeks ago a budget was passed that stated various capital improvement projects for the current fiscal year and future years. She said nowhere are these smart meters mentioned, CC 11-07-16/3 except under the Utility Billing Program, which mentioned briefly in the objectives to increase utilization of electronic water meters in subdivisions with encoder registers. She asked, where are these meters located. She said Wildmere Subdivision was having a lot of problems and she wanted to know if this is one of the locations where the digital meters are currently located. If so, several neighbors complained of their outrageous water/sewer bills, which Mayor Durso explained away as the citizens basically receiving water/sewer and not paying appropriately. She said I do not think $600, $900 or a $1,200 bill is reasonable where no leaks were found. She said she understands the digital meters were replaced at least once. She said you need to ask and investigate where these digital meters are located, how many have been replaced, and how many complaints have been issued. She went back to the budget saying, a budget just beginning, and now the Commission is being asked to add an approximate $3 million dollar debt onto the citizens. She said this contract is on the back of the residents, and when she reads it, it does not include businesses, most likely to keep it under the $3 million dollar threshold. She said the cost in her opinion is misleading, and does not show recurring costs. It appears to be a very subjective warranty towards the vendor, and shows modest savings over a twenty (20) year period, that may or may not be accurate based on equipment failure, rising costs of maintenance and administration. She said these so-called smart meter systems have had numerous complaints from within Florida and around the nation. She stated, Google it, as I did. She said we are going backwards. In March, 2009, Mr. Kornbluh presented a very similar system, not under Schneider, but Elster Amco Water Company, which was a costly and unbudgeted capital project. She said she finds the timing of this presentation of a proposed contract suspect so soon after a budget that was approved. She asked the Commission to ask the questions, either vote no or have this completely investigated. David Dieska, 121 Citrus Tree Lane, Longwood asked about Mr. Maingot's question as to whether Schneider Electric had installed these meters in other cities in Seminole County, and he was not clear if the answer was yes. He said his background is high tech, specifically, he is an engineer in integrated circuit design and computer electronics. He said from what he has heard, the water meters are a high tech product. He wanted to caution the City about making large, capital investments in new technology - oriented devices, he said specifically, technology improvements that are made over time. Today's technology is tomorrow's dinosaur. He stated it evolves very quickly. He said the payoff for this investment is ten (10) or more years. He said you should easily expect newer and better technologies available in less than ten (10) years. He said think of the emerging technology and how CC 11-07-16/4 things have changed from just ten (10) years ago. A lot are obsolete, so consider that. He said if the City had an immediate need to replace all the current water meters now, he would understand looking at the latest technology and move forward with that. He said however, I don't think that is the case. I know about technology and how it evolves, so I wish you well and hope you make the best decision. Mr. Langley stated there needs to be a motion to move Item 12D up in the Agenda. Commissioner Maingot moved to pull Item 12D under regular business up on the agenda. Seconded by Commissioner Paris and carried by a unanimous voice vote. 121). City Commission approval/rejection of an Energy Services Contract with Schneider Electric. Mr. Williams stated as pointed out in a meeting back in May, 2014, we received authorization from the Commission to develop a business case at no financial obligation to the City. He said the results of the business case were ultimately presented to the Commission during the December 2014. He said we then proceeded into an investment audit, which would do a further analysis of the overall project and opportunities within the City. He said with the approval of the investment -grade audit, it was identified that if it is determined, after the audit is completed, that there are projects, there would be a financial obligation to the City in the amount of $49,600 if we chose not to proceed. He said the original project was in excess of $4 million dollars, it included lighting retrofits and a water meter replacement program. He said. the item that is before the Commission tonight has been scaled down to remove the retrofits. He said we are looking at the history of what the City Hall Complex is going to be in terms of renovation, demolition, relocating, so we felt like it was not wise to include those parts of the project with this agreement and just include the water meters. He said the water meter project is at $2.9 million dollars. If approved tonight, this agreement is subject to and contingent upon obtaining successful financing. There will be issuance costs that come out of that, that would more than likely push this total cost of this project over $3 million dollars. He said pursuant to City Charter, it would require a super majority vote from the Commission for the issuance of that debt. He said staff recommends either approving the contract and move forward, or we reject it, and subsequently issue Schneider Electric a check for $49,600. CC 11-07-16/5 Deputy Mayor Weller moved to reject Item 12D and authorize the City Manager to pay the $49,600 for the investment -grade audit performed by Schneider Electric. This motion will instruct the City Manager to fully utilize the energy savings recommendations bought forward in that audit wherever possible. Seconded by Commissioner Maingot and motion failed by a two to three (2-3) roll call vote with Mayor Durso, Commissioner Paris and Commissioner Sackett voting nay. Commissioner Paris moved to approve the contract with Schneider Electric and instruct staff to seek financing. Seconded by Commissioner Sackett and motion carried by a three to two (3-2) roll call vote with Deputy Mayor Weller and Commissioner Maingot voting nay. 8. MAYOR AND COMMISSIONERS' REPORT District #5. Commissioner Sackett said the Halloween in the Park Event was a great job done by Mr. Capizzi, his staff, the CERT Team, and COPS. He said there were about 3,000 people there. He said Habitat for Humanity held a Raise the Roof fundraising event, and with the live auction, they probably raised over $100,000. He went to the Florida League of Cities meeting and is on the Transportation and Inter - Governmental Relations Committee. He said they discussed the Charter School issue of communities having the ability to make their own school districts. They are putting together a sub -committee on Schools, Charter Schools, and he will be on that committee. He asked about the Dog Park water station. Mr. Capizzi said the water station will occur this fiscal year. Commissioner Sackett mentioned that he saw a truck spraying for mosquitoes in his neighborhood. He asked how many empty spaces does the City have on State Road 434, and what is being done to promote these spaces. He presented letters to Interim Chief Dowda written by children thanking the police for what they do to help everyone. District N. Commissioner Maingot said we have a Longwood Caroling Group that visits all the healthcare facilities in the City and ending at the hospital. He is working out the date for that group. He wants to include the Commissioners, City Manager and City Clerk this year. He also wants to include the Police Department, Fire Department, COPS, Elected Officials and City Staff to do three songs on December 2nd at the Christmas Tree Lighting. He wants to include any instruments that people can play, such as guitars and violins. He received a letter from David Levitt regarding the Police Department and speed control. The letter mentioned that the police should not hide to do speed control. He stated his frustration with people not obeying the speed limit in the City. He said CC 11-07-16/6 Ronald Reagan Boulevard is like a racetrack and also Rangeline Road. He stated that he appreciates the job the Police Officers are doing in the City regarding speed control for the safety of the people. He attended Congressman Mica's Service Academy Breakfast on November 71h at 8:00 a.m. which highlighted the United States Naval Academy and their career opportunities available for high school students. He said it was mentioned that the entire district has about two candidates, and Longwood has nine candidates. He stated he will go see Mitch Cohen, General Manager with the Sanford Orlando Kennel Club and gave him advice on landscaping. He attended the Council of Local Governments in Seminole County (CALNO) meeting and also went to the Habitat for Humanity Raise the Roof Event. He said Harry Barley with MetroPlan Orlando stated this year, the City of Longwood is the fastest growing city in Seminole County. District #2. Mayor Durso said regarding the speeders in the neighborhood mentioned, he agrees people need to comply with controlling their speed especially in residential areas. He said there was a great turnout at the Service Academy Breakfast this morning, and it was pointed out to that Longwood has between nine and fifteen people. He said Congressman Mica is very selective on these applicants, and regularly has nine to fifteen people who attend the United States Military Academy, United States Naval Academy, United States Air Force Academy, and the Merchant Marine Academy. He stated Congressman Mica outpaces many other districts. He said a number of them come from Lyman High School, a point of pride for us. He said he is on the Florida League of Cities Energy Environmental Natural Resources Committee, so water is something he has been paying a great deal of attention to. He said it is probably the most pressing issue we face. He said we are over -permitted in Central Florida and is a significant problem for us. He said we are currently pulling 800 million gallons a day from the aquafer and we are permitted for 1.1 billion gallons a day from the aquafer. He said he wanted people to understand the way they vote and stated the reason he voted for the water meter item was he has been looking at it for three years, it has a performance bond, and he is not interested in waiting for new technology. If we wait, we will always be waiting for new technology. He said some of the guarantees provided in that contract make him comfortable and it is a stop loss for us, it is a different kind of debt for us, and with the performance guarantees, make him comfortable enough to support it. He met with the Lyman High School Principal, Mike Rice, who invited the community to a series of events, the first being an Open Engineering Fair on Wednesday evening. He said on Friday, Veterans Day they will be having a ceremony in the morning. He said on Saturday afternoon they are hosting a Clean -Up on Campus; they will be doing painting, re - flowing of plant beds, and a few others things and appreciate any help from the Commission or Community. He mentioned the passing of a City employee and wanted everyone to keep the family in their thoughts as we move into the holiday season. CC 11-07-16/7 District #3. Commissioner Paris said he also attended the Habitat for Humanity Event, which was unique and nice that they held it in Longwood. He said it was nice that they mentioned the growth in Longwood and that they met the families moving to Longwood in the Habitat homes. He said he is on the Urban Administration Committee for the Florida League of Cities, and we are going to be focusing on the Public Records Requests as opposed to fraudulent and malicious requests that have become a cottage industry in Florida. District #4. Deputy Mayor Weller said he also wanted to speak about the speeders and speed control, especially on Longwood Hills Road, which is not working. He said the road is extremely dangerous. He agrees with the Mayor that water is a real big issue. He voted no on the water meter item because in twenty years, technology will have changed, and he did not want to get committed for that long. 9. ANY ADDITIONS OR DELETIONS TO THE AGENDA Commissioner Maingot requested that Items 1 OC, 1 OD and 10I be pulled for separate discussion. Mayor Durso stated that Item 12A was requested to be removed from the agenda. Items pulled and removed by a unanimous voice vote. 10. CONSENT AGENDA A. Approve Minutes of the October 17, 2016 Regular Meeting. B. Approve the Monthly Expenditures for September 2016 and October 2016. C. Approval of a non-exclusive H&R Block Employer Solutions Promotion Agreement for tax preparation. D. Approval of a purchase order in the amount of $40,000 to Bound Tree Medical for the purchase of medical supplies. E. Approval of a purchase order in the amount of $31,500 to McDirmit, Davis & Co. for the fiscal year 2016 annual audit, which is year two of a multi -year contract. F. Approval of a purchase order in the amount of $99,869.12 to SS Solutions, LLC for the contractual services provided by Richard Kornbluh. CC 11-07-16/8 G. Approval of a purchase order in the amount of $1,183,535.81 to Centfhl Florida Environmental Corporation for the Florida Central Parkway Roadway Paving Project and approve a purchase order to Preferred Materials in the amount of $456,440.20 for related construction materials to be utilized via a direct purchase program implemented as a cost savings to the City. H. Approval of a purchase order in the amount of $3,126,044.55 to Central Florida Environmental Corporation for the Church Avenue Roadway Paving Project and approve a purchase order to Preferred Materials in the amount of $265,188.00 for related construction materials to be utilized via a direct purchase program implemented as a cost savings to the City. I. Approval of a non-exclusive agreement with Dignity Memorial to provide funeral benefit discounts to City of Longwood employees. Commissioner Sackett moved to approve Items I OA, 1 OB, IOE, I OF, IOG and 1 OH. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. Discussion ensued on Item IOC. Mayor Durso moved to remove Items 1 OC and 10I and task the City Manager with developing a protocol to handle these types of requests where a vender is offering discounts to employees and for the City Manager to enter into non- exclusive contracts. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Discussion ensued on Item 1 OD. Interim Fire Chief Peters answered questions from the Commission. Commissioner Maingot moved to approved Item 1 OD as presented. Seconded by Commissioner Paris and carried by a unanimous roll call vote. 11. PUBLIC HEARINGS A. Read by title only and adopt Ordinance No. 16-2094, which allows fast food restaurants with drive-thrus directly adjacent to the intersection of Ronald Reagan Boulevard (C.R. 427) and State Road 434. Mr. Langley read Ordinance No. 16-2094 by title only. CC 11-07-16/9 Mr. Kintner went over the Item and said following the discussion at the first public hearing, the applicant suggested some changes to the proposed language that would allow fast food restaurants with drive-thrus. He listed the changes and said this was to address concerns about ensuing the design and is similar to what the applicant has shown, should they move forward, this is something they could be held to. Mayor Durso opened the public hearing. Ms. Karen Consalo, 836 N. Highland Avenue, Orlando, spoke in favor of the Ordinance. She stated also present was Mr. Mike Palmer, Director of Facilities and the President of Luihn Foods, Mr. Al Luihn. She said this is really about the text language itself, not the development of the site. She said we want to provide the Board with all the assurances of excellent architecture, excellent site design and excellent landscaping. She said we think this text amendment holds our feet to the fire, or anyone, as far as superior design, streetscaping, and landscaping architecture. She said we felt putting in language comparable to the Longwood Historic Code would add a higher level of certainty, because those code standards are very well defined. She said we felt all along it would be a tribute to the historic nature of Longwood. She said that is why we went to the Longwood Historic District Regulations. She said we are not bound to this language. She said we think it is great and will get a really nice development on that site, but we are open to suggestions on this language. She said we took a bit of time to do a traffic study. She said we had Z Development Services prepare a traffic letter for us because that was an issue at the last hearing. She stated this site, even with the drive-thru, is only going to add about 200 trips. Commissioner Maingot said he would be happy to give advice on what material to use to hide the cars going through the drive thru. He advised the entry/exit that goes onto State Road 434 is shared with Ace Hardware. No one else spoke in favor or opposition to Ordinance No. 16- 2094. Commissioner Sackett moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 16- 2094 as presented Item I IA. Seconded by Commissioner Paris and carried by a unanimous roll call vote. CC 11-07-16/10 B. Read by title only and adopt Ordinance No. 16-2102, annexing and amending the corporate limits of the City of Longwood to fulfill an application for annexation for a property located on Nicole Lane. Mr. Langley read Ordinance No. 16-2102 by title only. Mr. Kintner reviewed the Item. Mayor Durso opened the public hearing. No one spoke in favor or opposition to Ordinance No. 16-2102. Commissioner Sackett moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. Commissioner Maingot moved to adopt Ordinance No. 16- 2102 as presented Item I IB. Seconded by Commissioner Paris and carried by a unanimous roll call vote. C. City Commission to hear a public request for Special Exception (SPE 05-16) to allow a three (3) story building at 1460 North Ronald Reagan Boulevard. Mr. Langley stated this is a quasi-judicial matter and anyone wishing to speak on behalf or in opposition to this agenda item is requested to stand and be sworn in. He said if you have not already done so, please complete the form Request to Speak at a public hearing and return to the City Clerk. He said the applicant may have the right to cross examine anyone who speaks for or against the item and those who speak have the right to cross examine the applicant. He then swore in those wishing to speak. Mr. Langley said at this time it is appropriate for the Commissioners to disclose any ex-parte communication they may have had. Commissioner Sackett said he had about ten letters and said he would see them at tonight's meeting. Commissioner Weller said he has spoken to Dr. Singh, Home Owners Association (HOA) President, and multiple residents as well as staff. Commissioner Maingot said he has spent time with Mr. Kintner today going through details about this, and has received many letters from people. CC 11-07-16/11 Mayor Durso said he has spoken with staff, HOA President, has received a number of emails today, which he has not responded to, but has received and returned a number of emails earlier. Commissioner Paris said he has not spoken to the applicant, but has spoken to staff, and received a number of emails which he has not responded to. Mr. Langley read the Item and stated staff would give their presentation. Mr. Kintner said he wanted to clarify the Special Exception Public Hearing process. He said the Special Exception request is related to a separate site plan application for a 12-unit condominium project proposed by Dr. Singh at 1460 N. Ronald Reagan Boulevard. He said the applicant is requesting a Special Exception to a section of City Code that limits the height to two stories along this portion of Ronald Reagan Boulevard. He said it has a zoning category of infill and mixed use, which is a broad zoning category with a lot of general commercial uses, but also, mixed uses and residential uses. He said they have had two Citizen Awareness and Participation Plan (CAPP) meetings. He said those are our neighborhood meetings regarding this project, with the most recent being on October 25th. He said it is important to separate the project itself from the Special Exception. He talked about the project itself, exclusive of the Special Exception. The applicant submitted a site plan for a condominium project. With the zoning that this property carries, which is infill and mixed use, multi- family dwellings are an allowable use, which means condominiums, townhomes and apartments are allowable. Those are uses that are considered "by right", meaning the applicant can have them as long as they meet the other standards of the Longwood Development Code (LDC). He said forgetting the Special Exception, the applicant could submit a project that met all the standards of the LDC, including the height, and it could be any of the projects listed above for multi -family also including offices. He said it could be reviewed entirely at the staff level and approved entirely at the staff level so we would not have to have this hearing unless the Commission specifically called for it. In that instance, the review is to see whether the applicant meets the LDC. He said he wants to make clear to the residents the discussions tonight are going to be about very specific issues, and he does not want that to be interpreted as any kind of prejudice against the project itself, because the project is an allowable use, and it is the applicant's burden to meet the LDC. He said it is also consistent with the Comprehensive Plan, which calls for a higher density zoning on the corridors. He said State Road 434, County Road 427 and U.S. Highway 17-92 carry higher densities to CC 11-07-16/12 promote the things that Smart Growth America told us about, and us wanting to see people using SunRail. He said it is consistent with the general vision and the policies and largely consistent with the LDC, although it is currently in site plan review and does have outstanding comments. He said separate of the site plan, the applicant has submitted a Special Exception. He said such exceptions allow you under certain standards, allow the City Commission to grant a Special Exception to certain elements of the Code. He said the limited discussion tonight is a Special Exception to allow the building to go from two stories to three stories. This is not a discussion on whether the applicant can do these multi -family condos because that is already established as part of the zoning category. He said we could not entertain a statement saying, we don't want the project. Currently, the applicant is allowed two stories, which under the LDC is a ground floor up to sixteen (16) feet and a second floor up to fourteen (14) feet, with a minimum height of thirty (30) feet plus a roof. He said the Code does not call out a specific height for roofs. The applicant is proposing a three story building, including a roof, with a total height of thirty-four (34) feet and ten (10) inches. He said at the last CAPP meeting there were a number of concerns mentioned, one of which was the unit sizes. He said they were listed as 960 square feet and another at 1,060 square feet. They were at the low end of what you would see for a condominium, which would lead them to potentially become rental units, which was a concern also. He said there was a concern about the lack of amenities. It doesn't have a pool or a gym and again, concerns it would turn into a rental property. He said people wanted to know what the applicant could be held to. The answer is we can hold them to whatever the Code minimums are in the LDC. He said the residents were not happy with the project as a whole and wanted assurances that what they were seeing was what they were actually going to get. There was another concern about negative impact on property values. He said that is not a clear answer. The question has to be whether the Special Exception creates a negative impact on property values. He said this increase from the second to the third story has a fairly minimal impact, given the heights are relatively the same. He said another concern was having this project at the gateway to the City limits. These were the concerns he heard most often. He said the Commission shall consider the following criteria while making their determination, although it does not require the project to meet all those criteria, the Commission shall include it as part of their discussion. That the request is consistent with the spirit and intent of the Code. It will provide equal or better results than required by the Code. The resulting development is consistent with Comp Plan and other City adopted planning documents. The granting of Special Exception will not diminish property values of the area surrounding the site. CC 11-07-16/13 The request represents the minimum modification if necessary, and essentially, the condition is something unique to this site and is not something that is replicable with all process being there. He said the applicant has a number of arguments in favor of the application. He said the one that staff really focused on was the topography of the site being a unique characteristic, the site slopes in a couple of different places, and is not as developable as if the site were completely flat. He said what we found was the actual impact of the Special Exception was very minimal, given the allowed use of height. He said staff's recommendation was trying to include the concerns that have been expressed. He stated the applicant said the building would be concrete block construction, and an elevator would be included as part of the project. The second and third floors would have balconies, there would be four additional parking spaces, screening would be along the rear property lines, and a lift station would be screened by a PVC or similar quality fence. He said the applicant agreed to address a concern that twenty-five (25%) percent of the units be required to be owner -occupied for one year, and the building should not exceed thirty-five (35) feet in height. He said staff wanted the Commission to realize they are concerned about the fact the residents do have concerns about the project, and wanted to incorporate that in staff s recommendation. Commissioner Sackett questioned the request in regards to where it states it represents the minimum modification necessary and is not primarily driven by financial considerations. He said it sounds like it is, and asked Mr. Kintner to explain if they build a two story, it is not cost feasible in its current form. Mr. Kintner said when we adopted that language, the concern was that people use a Special Exception to take things out of the project. He said in this situation, the applicant is essentially doing more of an investment in the project; but the applicant did say that this additional story makes the project cost feasible for him. Commissioner Sackett asked if this Special Exception is not granted can he do a two story project. Mr. Kintner said he could do it if he found it to be cost feasible. 1 1 Mayor Durso stated he has a number of speaker cards and there are no time limits. He asked them to respect the time, not to repeat what other speakers have already said, there is to be no booing, clapping, cheering, no hissing, and no one should feel insulted or , afraid to voice their opinions. Mr. Langley said we should let the applicant present first. CC 11-07-16/14 Dr. Singh, and developer of the said he has his owner project, realtor and civil engineer with him tonight. He said this project is 12 units, and we have increased the size of the units to 1,200 square feet from about 900 square feet before, with balconies included. He said this also gives us twenty-five (25) parking spaces, which is more than required by City Code. He said we are planning to build this building with concrete block to give it more durable construction and value to potential buyers. He said at the CAPP meeting, it was asked to be friendly to elderly folks, so we provided an elevator. He said we are going with a metal roof, which will last longer and is more durable. He said we are planning to sound proof the building, windows and doors. Safety and security will be accomplished with the quality of construction and being up to City Codes. He said his goal is to make this affordable and a three story would look better because of the height situation. The site is lower than the street and will have better curb appeal than a low, two story building. He showed a slide for the underground system for stormwater, which gave them more room to increase the size of the units. His realtor, Maryann, said the value of $132 a square foot is consistent with the neighborhood, which is selling for $134 a square foot in the last six months, with $127 a square foot last year. She said the Palermo Vista luxury condos are selling for $109 per square foot and are at about 3,300 square feet. Dr. Singh said this project would create more tax income for the City as well as construction jobs and will benefit local businesses with more people moving in to the area. He feels this will attract younger people. He showed slides of the area surrounding the property and stated he has a business right next to this property. Discussion ensued and questions about the project were asked by the Commission. One concern brought up was related to the potential of the units becoming rentals. Dr. Singh said he wants to build a good product. He said we have added an elevator, underground water and good parking spaces. He said we will landscape to make it look good to the community. He said we will try to have 100 percent ownership if possible. Deputy Mayor Weller asked Mr. Langley how they can guarantee that the HOA would limit the amount of rentals. Mr. Langley said what we could do, if the applicant agrees, is they can generate a covenant document that gives the City enforceability of a particular provision in the set of covenants, and CC 11-07-16/15 requires that provision could not be terminated or amended without the City's consent. He stated he has done this before. Mayor Durso opened the public hearing and the following people spoke. Mr. Steven Justice, 108 Citrus Tree Lane, Longwood spoke in opposition. He said he has reviewed the plans at length. He is Secretary/Treasurer of the Longwood Green HOA, has had discussions with numerous residents and they are opposed. He said not because it is a three story building, but because of the effect it will have, not being in the spirit of the covenant, which is creating properties that are alike and in keeping with the community. He said if you go up in the air thirty-five (35) feet, you can see people's backyards and you add a balcony to it, you can see that. He also heard the comment that millennials want a place close to a SunRail station. He said SunRail's ridership is drastically down right now. He said as a parent to a millennial, my kids greatest ambition is to own their own home with a yard and a swimming pool, not an apartment. He said it seems we are trying to take a square peg and shove it into a round hole any way possible to try to get this project to work. He said with the complete opposition of my neighbors in both developments and that it would not be keeping with the community. He said the price of square feet is applicable to Heathrow and other places, however, the square feet is not applicable. He said people don't want to be in a 1,000 square foot property long term unless they can flip that property and make some money off of it. He said there are numerous studies that will back me up with that. He stated, ask yourselves what kind of community do we want Longwood to be. He said this is a gateway to our City. He said we have over 30,000 cars going down Ronald Reagan Boulevard every morning, that figure was from 2014. He said back in 2014 there was an article in the Orlando Sentinel where the City of Longwood's Community Development Manager said they wanted to create a main street environment in Longwood. I can see the efforts being made downtown along Church Street. He said what if we took this project and plopped it right in the middle of Church Street. Would it be in keeping with the community, or would you have an uproar from those residents because it was not in keeping with the community standards. He said I think that is what you have to ask yourselves here, and have to take some consideration for the people that are going to be affected by this. Ms. Sherry Rosefelt, 278 Blackwater Place, Longwood spoke in opposition. She said she is asking to not allow this waiver. She wanted to address that there are no garages and picture twenty-five (25) parking spaces, young people in the back talking and noise. CC 11-07-16/16 She said I am on Blackwater Place and hear the dogs barking all the time. She said I don't have a problem with that but add twenty-four (24) new families, there will be a lot of noise. She said she is still concerned about her property value because as one of the Commissioners said, they may be priced like Heathrow, but they are not Heathrow. She said is this what you want leading into the Historic City of Longwood. She said I have one more thing, and I am not sure I am allowed to say this. But I want to address this to Commissioner Sackett. She said I want to remind you when Blackadar Insurance Agency went in, I was one of the big objectors. She said we weren't objecting to the buildings, we just wanted a wall to separate it from Blackwater Place. Mr. Jerrold Collins, 120 Citrus Tree Lane, Longwood spoke in opposition. He said he is on the HOA Architectural Review Board. He said the majority of the land is down in a ditch.. He said he has been in the HOA since 1987 and everything is done real fine. He had some reservations when Palermo Vista went in, but they did an excellent job. He said when they built the wall at Palermo Vista, where do you think all the water runs off to. He said it runs off into the backyards of Blackwater Place. He said there was also a sink hole associated with that in that area. He said there was a wall erected, and when it floods, the water seeps through that wall. He said that is what I see with this property we are discussing, if he puts in a concrete wall and if they don't maintain that, the water is going to rush off County Road 427 through that property then through the wall and flood the back area. Mr. Charles Crowder, 267 Blackwater Place, Longwood spoke in opposition. He is concerned about transient living. He said he totally agrees with Deputy Mayor Mark Weller's comments. He said if you walk down the sidewalk and look down an approximate thirty (30) degree incline, he is trying to picture a three story building setting down in there. He said in his opinion, this does not set with him very well. He said I don't think it will increase my property value, so the only way I have to go is down. That is his big concern along with the transient problem. Ms. Cynthia Pickard, 236 W. Long Creek Cove, Longwood was not present and her speaker form indicates she was going to speak in opposition to this Item. Mr. Ron Hernquist, 237 W. Long Creek Cove, Longwood spoke in opposition. He said he thinks it is a shame when they widened County Road 427 that this lot got cut off quite a bit and has limited the lot size. He is opposed to the Special Exception for three stories. He has heard some numbers tonight like ten (10) foot CC 11-07-16/17 ceilings, and the construction will be closer to forty (40) feet. He said he does not know of any three story buildings along Ronald Reagan Boulevard past us or south of State Road 434. He said why we are allowing an exception for a residential project facing right on Ronald Reagan Boulevard, I think is a mistake. He said the only residential properties are a couple of houses north of us with big lots that have a lake behind them. He said pretty much everything south of us has been converted to an upholstery place or some kind of business. He said Dr. Singh has a business there, so another business there would be fine. He said regardless if it is eight (8) or twelve (12) units, I think it is setting itself up for failure. He said I am a realtor and have been one since 1980 and am still active. He said I have bought two places, not Heathrow or Notting Hill, which has tons of amenities, but Center Place Condos, which is in Altamonte Springs on Montgomery Road where Central Parkway dead ends into it. He said there is a total of twelve (12) units there with no amenities. He said they fell apart quickly because you can't maintain anything that small with condo dues or HOA dues. He said some of the sales in the past few years have been for a high of $61,100 and a low of $25,000, $35,000, $45,000, and $55,000. He said that is what they are selling for currently because no one wants to live there. He said there is one tenant in there, month to month and is looking for an investor to buy it. He said we have Lake Brantley Schools and Lake Mary Schools, and it is a failure. He said the second one he bought is right off Sand Lake Road in Lakeview Gardens in Wekiva Cove. He said there are only eight (8) units at 1,700 and 1,800 square feet with no amenities, but do face a lake, and have a detached garage building. He said sales in there recently are at $94,900, $87,500, $80,000, and they are not concrete. He is happy Dr. Singh is going to build with concrete because siding will fall off or blow off. He heard Dr. Singh said he would sell them for $160,000, which would amount to under $2 million. He does not see how he could build it for less than $2 million dollars, he is not going to give them away. He said a lot of lenders are still not lending on condos. He said all condos have a rental limit before the lenders just won't finance. He also heard a condo fee of $100 a month, which is $1,200 a month for the whole complex. He said I heard no mention of reserves for roofs or painting, because when you own a condo, you only own the paint inside, your counters, appliances and furnishings. He said the rest is maintained by the condominium, all outside painting, repairs, roofs and parking lots. He does not know where the reserves would come from. He said he would want the City Attorney to look into that because there has to be reserves set up. He said it will turn into a rental almost instantly. He said the fact that there are no amenities doesn't have to be bad, but when I hear comments of comparing it to Notting Hill and other places, they have tons of amenities. He said that CC 11-07-16/18 was a condo conversion. He said he remembers Blackadar and the main reason for the wall, which a lot of homeowners forgot about, was not only the looks, water retention and view, but they had wanted to use our entrance to have access to their place. He said that is why there is a wall. He said there will be twenty-four (24) cars in there, and they will be trying to get out onto Ronald Reagan Boulevard next to the existing subdivision and Blackadar, that will be a lot of traffic. He stated the lot used to be a lot bigger. He said something could go there, but he does not see a high rise, even two stories, because of the feasibility for Dr. Singh. He stated it won't work. Ms. JoAnna Carlini, 158 Citrus Tree Lane, Longwood spoke in opposition. She stated she is not in favor of the Special Exception. She is a realtor and lives in Longwood Green. She said to have 12 small condos in such a small space is what she objects to. She said the square footage, no amenities, small parking area, tight access getting in and out of there, is not going with the growth of the community and adjacent property. She stated she owns a condo in Winter Park, and owners buying into that property cannot rent for two years. She said that is prohibiting sales, so if you prohibit sales, it is a failure, and if you let rentals after one year, that is a failure also. She thinks it will turn into rentals because of no amenities. She asked, where will you put the pool, will you eliminate more parking, and will you change the elevation of the community to have walkways for the elevator. She does not think it is a good plan the way it sets now. Mr. Sammy Sarmiento, 281 E. Long Creek Cove, Longwood spoke in opposition. He said he is the new kid on the block, been there for two years. He said he has been a construction manager and has been in construction for 15 years. He is also a construction consultant for two firm's one in Naples and one here locally and reviews a lot of documents and plans. He said after he reviewed Dr. Singh's plans, he consulted with some of his co-workers and architects and we all agree upon certain facts that will take place with this proposal. He said the most important is expectation for privacy of each homeowner in Blackwater. He said with a balcony view, as a homeowner, I would be concerned for expectation of privacy in your backyard. He said another concern is the entrance to the property. He said because of the elevation of where it stands, it would be an upward or downward entrance. It would be difficult to get out of there with early morning or evening traffic because of where it is located coming out of that location. He said with everything he has heard so far, it sounds as if it could be a flip over to a rental. He said it would be a low income rental before we know it, and as a homeowner in the area, I would be very concerned. He said one thing no one has mentioned is if the CC 11-07-16/19 Commission allowed the exception to go forward, it will start a precedent to future construction in the area. He said that concerns me as a citizen that will change the outlook of what the actual City of Longwood is today with the architectural harmony. He said by allowing this building where it is in such a small area, it will be a highlighted structure in the middle of something that does not belong. Mr. David Dieska, 121 Citrus Tree Lane, Longwood spoke in opposition. He said he lives in Longwood Green and is the President of Longwood Green Homeowners Association (HOA), which includes Longwood Green and The Oaks of Longwood Green. He said The Oaks has an entrance directly adjacent to the proposed project, so he is getting a lot of concerns from homeowners that live on that side. He is also getting concerns from Longwood Green homeowners, who feel they are impacted by this project. He said on this matter he happens to represent about 400 of the Commission constituents, many of whom have asked me to voice their concerns about this proposed project and how it negatively impacts them in several areas. He said one area is quality of life. He said they feel that there are concerns of privacy with a three story building overlooking a lot of homes that are behind this project. He said another area is noise. He said there will be a lot of additional noise, this not a nine to five business. He said another area is parking. He said everybody has a car, so there will be in excess of twenty-four (24) cars, especially when someone has a parry. He stated, where do they park. He said the last issue dealing with quality, is quality of community. He said Longwood always seems to promote the idea that this is a quaint, little, Victorian -style community; the downtown at least. He said high density condos right up against Ronald Reagan Boulevard at the north gateway into the community paints a different picture when you see that as soon as you enter the community. He said there was a discussion about fifty (50%) percent occupancy. He said the applicant seems to be very sure of himself with regard to these being high -end condos that are very salable. He has pushed back on the notion of these becoming rentals, probably sooner than later. He said one of the Commissioners talked about fifty (50%) percent and a limit associated with the condo association documents, but if the applicant is so sure of himself, why not make that a twenty (20%) percent if he is so sure these are going to be owner -occupied units. He said he reviewed the City Manager's recommendations and his recommendation is based upon the input from his planning department, who spoke earlier with regard to LDC 9.3.3, which are the Special Exception criteria, and he believes the recommendation is flawed. He does not think it meets the criteria requirements. He has twice emailed all five Commissioners with the HOA Board of CC 11-07-16/20 Directors' response with regard to that, believing it is flawed. He said he is disappointed that he has only heard from two of them. He has asked for a dialog with all of the Commissioners, and only two responded. He said it appears from the developer's application that his primary reason for asking for a Special Exception is that a two story building sitting in a hole would look odd. He said there is nothing else stated in his request as to why a Special Exception is required. He can build a two story building now if he follows the City Code. He said there is nothing to stop him from doing that and nothing that impairs his ability to do that. He stated the developer says building a two story is not feasible. He said granting a Special Exception in this case would open up the floodgates for other developers. He said there is nothing special about this property or nothing that prevents it from being built. He said fill up the hole with dirt and build it. He said the developer has stated he wants to install luxury condos, but you really cannot install granite countertops and stainless steel appliances, upgrade the carpet and declare these are upscale luxury condos. He said you cannot expect everyone to buy into that notion. He said I have seen the site plans and floor plans and they are really glorified apartments, and has all the hallmarks of being a rental condo complex. He said the location is terrible right next to Ronald Reagan Boulevard, it is not one of the nicer locations with real amenities and he feels parking is not an amenity. He said the structure is sitting twenty (20) feet from a major highway and has all the hallmarks of being an apartment -like building. He said the words affordable housing were used by the applicant, which is code for low income housing. He said based on the feedback from our homeowners, they don't want low income housing at the gateway to Longwood. He said that is why there is so much pushback on this. He said our homeowners are disappointed in the proposed design also in the utilitarian design, lending itself to the appearance of a large, monolithic building without attractive character. He said a two-story eight unit building not feeling like a community, and that is why we need four more units, does not seem like that is a reason for a Special Exception. He said there is very little green space. He stated, Longwood Green is a private community and we would not open up our green space for dog walkers or recreation walking through our community by non - association members. He said they would not be welcome in our private community. He said the City's conclusion on positive impact on surrounding residential property was purely conjecture and lacked any real supporting data from licensed professionals, such as property appraisers and realtors. He said there is no supporting data. He stated the Commission has received emails from concerned homeowners regarding this project. He asked if any of the Commission would want this project built next to your entrance. CC 11-07-16/21 Dr. Sinah said he has covered most of the things mentioned and has nothing else to say. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Sackett and motion carried by a unanimous voice vote. Commissioner Paris moved to grant the Special Exception to allow a three story building on North Ronald Reagan Boulevard with the caveat that the City Attorney draw up a Home Owners Association (HOA) Charter that states there must be at least a twenty-five (25%) percent owner occupancy that cannot be removed without the City Commission approval. His motion also covers all the staff recommendations to approve SPE 05-16 due to unique topographical characteristics of the site as called for in LDC 9.3.1, with the following conditions consistent with LDC 9.3.4 to make the special exception more consistent with the spirit and intent of the code: The building will be completed in concrete block construction, exceeding Florida Building Code requirements which would otherwise allow wood frame construction; The project will also include an elevator as required; The building shall not exceed 35 total feet in height (at 16 feet plus two stories of 14 feet, a three-story building could be 44' excluding roof height); The second and third floor units will have balconies; Additional screening will be provided along the rear property lines in the form of a 36" at planting height continuous shrub line, exceeding the required 24" at planting; The lift station shall be screened from view by an opaque PVC or similar quality fence in addition to the required Buffer A; 25% (3 of 12) of the units will be required to be owner -occupied for one year; The applicant will provide no fewer than 24 parking spaces, higher than the 21 required by Code. Seconded by Commissioner Maingot. Commissioner Sackett said twenty-five (25%) percent owner - occupancy is too low and is not acceptable and would want fifty (50%) percent. Commissioner Paris amended his motion to increase the twenty-five (251/o) owner -occupancy to fifty (50%) percent owner -occupancy. Seconded by Commissioner Maingot. Mr. Langley asked if the owner would agree with that condition. CC 11-07-16/22 Dr. Singh said he agrees with that condition. Motion carried by a three to two (3-2) roll call vote with Mayor Durso and Commissioner Weller voting nay. 12. REGULAR BUSINESS A. City Commission to hear a request from Delanie Kansol to mitigate a Code Enforcement Lien in the amount of $11,200 on the property located at 1120 West State Road 434. Item was removed from the Agenda. B. City Commission to consider extending the term of the City Hall Site Evaluation Ad Hoc Committee to December 31, 2017. Commissioner Sackett moved to approve Item 12B as presented. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. C. Consider waiving all the rental fees at the Longwood Community Building for Mrs. Abby Shoemaker. Commissioner Paris moved to approve Item 12D as presented. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 13. CITY MANAGER'S REPORT Mr. Williams said beginning November 18t' he will be out of the country on vacation and Troy Hickson and Craig Dunn will be points of contact. 14. CITY ATTORNEY'S REPORT Mr. Langley said he looked into the SunRail crossing issue the City is having. He said he did more research and has some more options. He said there is the political option of meeting with folks at Florida Department of Transportation (FDOT) and trying to resolve it that way. He said we can send a more formal, written request for attention and action to be taken by the FDOT to solve this problem. He said another option if the Commission wanted to go legal on this, after the written notice to correct this, there could be a legal challenge to FDOT regulations they have adopted by reference of federal requirements concerning the gate operations. He said there is also something in the Code that talks about blocking an intersection for more than five minutes is prohibited. Mayor Durso made a motion that directs the City Attorney and City Manager to entertain conversations with the FDOT and send a follow up letter to them, and both the City Attorney and City CC 11-07-16/23 Manager should meet with each Commissioner individually to discuss the legal options, both positive and negative. Seconded by Commissioner Sackett. Discussion ensued. Motion carries by a unanimous voice vote. 15. CITY CLERK'S REPORT A. With the cancelling of the second meeting in November, the annual rotation of the Deputy Mayor will be moved to the December 5, 2016 Regular City Commission Meeting. Mayor Durso moved the annual rotation of the Deputy Mayor to the December 5, 2016 meeting. Motion carried by a unanimous voice vote. B. Consider cancelling the January 2, 2017 Regular City Commission Meeting. Mayor Durso moved to cancel the January 2, 2017 meeting. Seconded by Commissioner Paris and motion carried by a unanimous voice vote. 16. ADJOURN. Mayor Durso adjourned the meeting at 9:45 p.m. o • , ayor ATTEST: i e , City Clerk CC 11-07-16/24