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CC06-19-17MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES June 19, 2017 6:00 P.M. Present: Mayor Joe Durso Deputy Mayor Sackett Commissioner John C. Maingot Commissioner Ben Paris Commissioner Mark Weller Dan Langley, City Attorney Michelle Longo, City Clerk Troy Hickson, Director of Public Safety David Dowda, Interim Police Chief Chris Kintner, Community Development Director Chris Capizzi, Leisure Services Director Lee'Ricci, Human Resources Director Lisa Snead, Financial Services Director Richard Kornbluh, Division Manager Utilities Maggie Ridore, Human Resources Generalist Absent: Jon C. Williams, City Manager (Excused) 1. CALL TO ORDER Mayor Durso called the meeting to order at 6:00 p.m. 2. OPENING INVOCATION. Reverend Anthony Miller with Mt. Sinai Baptist Church in Sanford gave the invocation. 3. THE PLEDGE OF ALLEGIANCE 4. COMMUNITY ANNOUNCEMENTS. Ms. Longo read the following announcements. A. Senior Matinee Movie will be held on. Wednesday, June 21, 2017 from 1:30 p.m. until 3:30 p.m., Longwood City Hall (Chambers), 175 West Warren Avenue. This month's feature is Split. CC 06-19-17/1 B. The "Downtown Longwood Cruise -In" Car Show will be held on Saturday, July 8, 2017 from 5:00 p.m. until 8:00 p.m. in the Historic District of Longwood located off of Church Avenue. 5. PROCLAMATIONS / RECOGNITIONS A. Proclaiming the City of Longwood General Election — November 7, 2017. Mayor Durso read the General Election Proclamation. i B. Proclaiming July 2017 as Parks and Recreation Month. Deputy Mayor Sackett read the Proclamation and then presented it to Mr. Capizzi, Leisure Services Director. Photographs were then taken. C. District #5 Nomination of the Business Person of the Month Award for July 2017. Deputy Mayor Sackett nominated Mr. Jeff Sonksen, the Paint the Trail Artist, for the Business Person of the Month for July 2017. Nomination carried by a unanimous voice .vote. D. Nomination of the Beautification Award. Commissioner Paris nominated Biscuits Restaurant, 724 South U.S. Highway 17-92 for the Beautification Award. Nomination carried by a unanimous voice vote. 6. BOARD APPOINTMENTS A. City Commission Nomination of resident to the Board of Trustees for the City of Longwood Police Officers' and Firefighters' Pension Trust Fund. Commissioner Paris nominated Mr. Johnnie Richardson for appointment to the City of Longwood Police Officers' and Firefighters' Pension Trust Fund. Nomination carried by a unanimous voice vote. 7. PUBLIC INPUT A. Public Participation. Richard Johnston, 1043 Lommler Street, Longwood. He said he has lived in Longwood for thirty-two (32) years. He said there is a new subdivision in his neighborhood called Oakmont, which has brought a few headaches to us. He said he is starting to have some erosion problems and getting a lot of flooding through this alleged swale we have that the engineers keep talking about. He said all CC 06-19-17/2 1 1 that does is bring trash down to us. He said they built a wall across from us, which has basically become a dam. He said they have tried sandbagging the top of the hill instead of putting stormwater drains in. He said we are paying for stormwater drains, but we are not getting it there. He sees City trucks come down there wobbling all over the road. He said when he asks when they are . going to fix the road, the answer is what problem. He said we need help, and he would like to see somebody do something besides sandbagging and working at the top of the hill. He stated, it rains down at the bottom of the hill too.. He hopes somebody besides Mr. Maingot can become involved in this. Commissioner Maingot said he is aware of the problems and has said to this gentleman, along with those who live on this street, that everything is going to be done to resolve the problem. He said it is not an easy one to deal with and efforts have been made, but so far not been very successful. He said his last visit there was with the City Manager on site ten (10) days ago.. Mayor Durso asked Commissioner Maingot if he felt a stormwater drain would alleviate the pressure. Commissioner Maingot said you have to have an area where the water will go. Mayor Durso said he is more concerned with the standing water and the flooding. Commissioner Weller said he remembers distinctly when the developer was here with his engineer, he assured us that there was not going to be a water problem there. He said we -have the engineer on record for saying there was not going to be a water problem because we have done all the calculations. He said if there is a water problem, it is falling right back on him. Mayor Durso said we will follow up with the City Manager when he returns, and the engineer. He said with all the rain we have been having, we are starting to hear about these things now. Mr. Johnston said he was here when we had the three (3) hurricanes back to back. He did not have as much water with all three (3) of those hurricanes as he had with the first storm of this season that he sent pictures of. CC 06-19-17/3 i Judi Coad, 1695 Grange Circle, Longwood. She said she wanted to comment on the Agenda Item 1 OG, but first wanted to give her condolences to the City Manager on the passing -of his father this past weekend. She is hoping the Commission will accept the sunset of the Public Safety Director position that was a temporary position that has lasted over one and half (1 %2) years. She said per her'private conversation with Mr. Williams and Commissioner Sackett, Mr. Williams stated that he did not need an assistant. He said he'was capable and able of doing all the work his position entails., She said Mr. Williams was also asked this question at a Commission meeting and stated the same response. She said we supposedly have temporary Fire Chief and Police Chief positions that need to be resolved as permanent. She said the Public Safety Director's (PSD) position is one that the citizens voted to be dissolved. Mr. Hickson does have the opportunity to step back into his;previous position of Chief of Police, so no jobs would be lost. She said the cost of maintaining either of these two positions and just changing his name to Assistant City Manager is too costly for the City. She said the cities of Altamonte Springs, Lake Mary, Casselberry and Winter Springs do not have this position, and their expansions within their Cities are far greater than what Longwood has had. • She said these Cities only have an administrative position to assist their City Managers. She made a point to call and speak with these Cities. She said we once had that position, and if the City Manager feels a need for some relief, you can look at reinstating that position. She said the money supposedly saved by the PSD, position should have easily been done via man department heads without the expense of that. She said that is part of their jobs. As for Economic Development, we have a department for the City Manager to work with, or are we going to drop this position'by adding Assistant City Manager. She said please be fiscally responsible to your citizens and thank you for listening to me. i 8. MAYOR AND COMMISSIONERS' REPORT District #4. Commissioner Weller said he was informed last week that one of our citizens who lives in Skylark, Kevin Lawson, was killed in that workplace shooting in Orlando. He said he was informed that there are no trash cans by the I picnic tables in front of the Hotel. District #5. Deputy Mayor Sackett said he sends condolences to Mr. Williams and his family. He thanked the Commission for voting him in as the voting delegate for the Florida League of Cities Meeting because he was not at the meeting when the Commission voted. He said while he was gone he did fifly,(50) miles in a canoe with his grandson and spent a week in Cancun. He said "Big Asset Pancakes" is still out there on the sign. He CC 06-19-17/4 said as a personal homeowner near Reiter Park, he needs to know what style fence is going up so he can also install one for his puppy. He said he will meet with the City Manager and Mr. Capizzi. He said the present chain link City fence is not holding up. District #1. Commissioner Maingot spoke regarding the Wayman Project, there are a few touch-up items that are required for the Grand Opening. District Q. Mayor Durso said he wanted to make reference to LAP Certification, or Local Agency Program. He serves as the Metro Plan Municipal Advisory Committee representative for this Commission on that board, has served as chairman of that board, and served on the Metro Plan Big Board. He said at the last meeting, we went through a very extensive conversation regarding what a Local Agency Program without certification allows. He said it is one of the most complicated government processes he has ever seen. It is absolutely out of control with what they expect City and County governments to do to be able to earn this certification. He said the purpose of this certification is to essentially eliminate a lot of the day-to-day bureaucracy and go straight to the point on a lot of the projects. He said there are two types of projects; one relates directly to individual projects and there is one which is just a general certification, which means any project that you do. He said generally, Longwood is not big enough project -wise to warrant going after a general certification, so we have received an individual project certification. He said it requires agencies to demonstrate that they have the capability to comply with federal and state law. He said it is extremely complicated and very detailed, and we are the only City in Seminole County that has it. He said Seminole County doesn't even have this certification. He said we have a project -specific certification. The only two other organizations that have this certification are Orange County and the City. of Orlando. He said we are in fine company when it comes to the work that we are doing and the quality of work our staff is doing. He said he asked Mr. Kintner to prepare a brief summary on it, but the last paragraph is the one he wants to focus on. He read, "for all their work in hoping to secure funding to.help make Longwood a better place to live, I would like to specifically thank City Engineer Shad Smith, Purchasing Manager Greg Kirby, as well as Tom Smith, Warren Wahl, Debbie Renfro from Public Works, and of course, Mr. Kintner himself. He failed to mention himself'. He said he has'spoken with Mr. Williams, and because of the significance of this particular certification and the sheer amount of cost savings it has generated, not only in process, but in staff time, he has made a recommendation to authorize Mr. Williams to authorize some kind of bonus for the work they did for this particular group on this project. He said Mr. Williams will have to bring that back for approval to the Commission, but for the amount of -work these folks had to put in, and are still putting in, he thinks it is very worthy to recognize them in that way. He said regarding the projects, especially the first one, you have to get CC 06-19-17/5 through your first one before they will authorize the second one. He said our folks are diligently working to complete, as best as they can, the first one so they can move on to the second one and streamline those processes even more. Commissioner Maingot moved to allow the City Manager to explore the option of a bonus. Seconded by Commissioner Paris and carried by a unanimous voice vote. District #3. Commissioner Paris said in lieu of our City Manager's father passing away, he feels it would be a good show of support to publicly state for him to take as much time as he needs. Mayor Durso said he doesn't think anyone would object to him taking the time he needs to be with his family. Commissioner Sackett asked for information regarding the medical marijuana dispensaries and the numbers in a prescribed area. Mayor Durso said the Florida League of Cities is going to prepare a summary that will give the full details of what Tallahassee just did because there are groups still trying to figure it out. Mr. Langley said he has a general summary of it. He said the Bill has not yet been signed by the Governor. He said the state has preempted almost the entirety of the area with very limited exception. On the dispensaries, they are allowing Cities to band them. If you don't band them, then you have severe restrictions on how you can regulate them. He said the only way you can regulate them is you have to treat them exactly the same as you treat a pharmacy. He said it is very limited as to what you can do, and the regulation as to pharmacies and permitting and location restrictions would have to be treated equally. Mayor Durso said it is important to note that if they are being regulated as if they were a pharmacy, our simple procedures with regard to where you can go pale in comparison as to what they have to do to meet federal and state standards for distribution of medication. Mr. Langley said there is a good chance that what we adopted will be preempted if the, Governor signs that Bill. He said he is pretty certain of that. -He said if you want to give direction to pursue the prohibit -them angle, we would have to assess whether or not we want to evaluate how we treat pharmacies in the City and treat marijuana dispensaries in the same manner. He said those are the general options. He stated, essentially, the legislature has taken a lot of this out of our hands. CC 06-19-17/6 Mayor Durso said he recommends that we get the summary from Mr. Langley and from the Florida League of Cities on what the total impact would be, and then revisit the issue at a future Commission Meeting. 9. ANY ADDITIONS OR DELETIONS TO THE AGENDA Mayor Durso stated the City Manager requests that Item 1 OH be added to the agenda. Item 1 OH added by a unanimous voice vote. Deputy Mayor Sackett requested that Item 1 OG be removed and discussed at the next Meeting when the City Manager is present. Item 1 OG was withdrawn by a unanimous voice vote. Commissioner Maingot requests that Item IOB be pulled for separate discussion. 10. CONSENT AGENDA A. Approve Minutes of the May 17, 2017 Work Session and the June 5, 2017 Regular Meeting. B. Approve the Monthly Expenditures for June 2017. C. Approve the Monthly_ Financial Report for May 2017. D. Approve a change order in the amount of $50,000 to purchase order #170288 for Ferguson Waterworks for water and sewer materials. E. Approve a donation in the amount of $245 in miscellaneous gift cards which were provided to the Longwood Police Department to be donated to The Christian Sharing Center. F. Approve Resolution No. 17-1433 withdrawing the City's Membership with the Council of Local Governments in Seminole County (CALNO). G. Approve City Manager's recommendation to sunset the Public Safety Director's Position and create the Assistant City Manager Position. Item withdrawn. Added On. H. Approve a request to enter into negotiations with Barnes, Ferland & Associates to provide engineering services for the Longwood Sewerage Force Main Project. CC 06-19-17/7 11. 12. Deputy Mayor Sackett moved to approve Items 10A through 10H as presented. Seconded by Commissioner Weller. Commissioner Maingot requests that Item 1 OB be pulled for separate discussion. Deputy Mayor Sackett withdrew his motion. Seconded was withdrawn by Commission Weller. Deputy Mayor Sackett moved to approve Items IOA, IOC, 10D, 10E, lOF, and lOH as presented. Seconded by Commissioner Weller and carried by a unanimous roll call vote. i Discussion ensued on Item 10B and questions were asked regarding Bound Tree Medical, LLC expenditures. i Deputy Mayor Sackett moved to approve Item 10B as presented. Seconded by Commissioner Weller and carried by a four -to -one (4-1) roll call vote with Commissioner Maingot voting nay. PUBLIC HEARINGS. None. REGULAR BUSINESS A. Read by title only, set July 17, 2017 as the public hearing date and approve the first reading of Ordinance No. 17-2117, which proposes approval of a Small Scale Comprehensive Plan Amendment (SPA 01-17) changing use designation from Seminole County Commercial (COM) and Mixed (AM) to City of Longwood Infill and Mixed Use (EVM and assigning the East' End Planning District to 1015 U.S. Highway 17/92, 898 Lake Irene Road and 904 Lake Irene Road. Mr. Langley read Ordinance No. 17-2118 by title only. Mr. Kintner presented the Item. Commissioner Maingot moved to approve the first reading of Ordinance No. 17-2117 and set July 17, 2017 as the public hearing date. Seconded by Commissioner Weller and carried by a unanimous roll call vote. B. Read by title only, set July 17, 2017 as the public hearing date and approve the first reading of Ordinance No. 17-2119, which proposes, a Small Scale Comprehensive Plan Amendment (SPA 02-17) changing the land designation from Seminole County CC 06-19-17/8 Low Density Residential (LDR) to City of Longwood Low Density Residential (LDR) at 450 Longwood Hills Road. Mr. Langley read Ordinance No. 17-2119 by title only. Mr. Kintner presented the Item. Commissioner Maingot moved to approve the first reading of Ordinance No. 17-2119 and set July 17, 2017 as the public hearing date. Seconded by Commissioner Weller and carried by a unanimous roll call vote. C. Read by title only, set July 17, 2017 as the public hearing date and approve the first reading of Ordinance No. 17-2120, amending Section 10 of Article H — Occupational Licenses of Chapter 82, Longwood City Code. , Mr. Langley read Ordinance No. 17-2120 by title only. Ms. Snead presented the Item. Commissioner Maingot moved to approve the first reading of Ordinance No. 17-2120 and set July 17, 2017 as the public hearing date. Seconded by Commissioner Weller and carried by a unanimous roll call vote. D. Read by title only, set July 17, 2017 as the public hearing date and approve the first reading of Ordinance No. 17-2121, amending portions relating to Water and Wastewater of Chapter 90, Longwood City Code. Mr. Langley read Ordinance No. 17-2121 by title only. Ms. Snead presented the Item and answered questions from the Commission. Commissioner Maingot moved to approve the first reading of Ordinance No. 17-2121 and set July 17, 2017 as the public hearing date. Seconded by Commissioner Weller and carried by a unanimous roll call vote. E. Read by title only and adopt Resolution No. 17-1432, updating the Historic District Grant Program: Mr. Langley read Resolution No. 17-1432 by title only. Mr. Kintner presented the Item and answered questions from the Commission. CC 06-19-17/9 Discussion ensued and recommendation made to amend the verbiage. Commissioner Weller moved to adopt Resolution No. 17- 1432 with the modified verbiage of maintaining the structure and historic character and keeping air 'conditioning out of it. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. F. City Commission to hear a request from Mr. Mike Hattaway, Developer of 796 West State Road 434 regarding changes to the Property Owner's Agreement Concerning Site Plan Conditions. Mr. Kintner presented the Item and stated it was previously a Car Wash business and is currently being redeveloped as a Used Car Sales and Leasing site. He said there is an issue of three (3) trees, two (2) canary island date palms and a magnolia tree found to be in conflict with City sewer lines and a City service line. He said the landscape architect has indicated the trees cannot be relocated on site without affecting other site elements. He said the applicant is seeking ,directions from the City on how to move forward. He said the property owner's agreement calls for strict adherence to the site plan and elements of the agreement as they exist. Staff recommended the applicant pay into a tree fund the amount of the landscape material requested for removal by the applicant. This is similar to the process followed by any applicant in this situation. He said there are provisions in the Code wherein site conditions prevent a particular tree from being planted, which is a situation that has occurred in* the field. The applicant can pay into the tree fund and meet those requirements. He said because the trees in question,were of specific decorative element, were shown on the rendering, and the agreement itself, which is different from the City language, requires the applicant to meet the rendering through the site plan. He said it also requires that these trees in the site plan need to be included as part of the final project. Staff recommended that the full amount of the trees in question be paid into the tree fund rather than do a per -inch cost. He stated, given that this is a specific species of tree, a specific decorative species, staff felt that is a more appropriate way of meeting the intent of the agreement, which was to beautify the area. He said the applicant sought relief on certain elements of the City Code, and that relief was granted. The applicant agreed to provide heavy landscaping and also have that landscaping match the rendering. He feels that is the closest avenue we have toward meeting the agreement, however, he stressed this is something where other options could be considered to meet this. He said if the Commission and CC 06-19-17/10 Developer agree on something, he thinks this is a good starting point for a discussion. Mr. Jim Hattawav, attorney for the applicants, 840 Waterway Place, Longwood. He said we do have an obligation to provide heavy landscaping as the agreement between us and the City says. He said we are ready, willing and able to do that. He said what we are planting is what the Commission told us to plant in locations they told us. There are very strict enforcement options in the agreement that a Stop Order could be issued by the City, we could be denied a Certificate of Occupancy, and the City is empowered to bring a Cause of Action for specific performance, and we take this very seriously. He said when it came time to install the landscaping, we noticed a couple of things. These things were confirmed by a landscape architect, and City Staff has gone into the field and confirmed what he is sharing with you. He said what is mandated by the City violates Section 3.5.5 (K)(1) of the Longwood Development Code (LDC) that says tree species with a height greater than 20 feet at maturity should not be planted within a utility easement when power lines lie directly overhead. He. said that is our situation. In 3.5.5(K)(2), it says no trees shall be planted within 10 feet of a utility pole, we have that situation, or within 20 feet of a traffic sign, we have that situation, as well as a water utility line underneath one of the areas of planting these trees. He said we have the issues of this agreement that tells us we have to plant these things there, and we can't change those written agreements unless the City Commission and Developers come to an agreement. He said we wanted to know, do we plant as agreed in violation of the LDC, or don't plant anything at all, or pay money into the City's tree fund, which we are not crazy about. He also mentioned the schedule of fees associated with paying into the tree fund and how it is related to size. Discussion ensued and questions were asked of Mr. Kintner and the applicant. It was pointed out that the placement of trees and how it was going to look was based on a rendering that the applicant provided. The agreement stated that the site plan was to match the rendering and this was agreed upon by the Commission and applicant. Relocating the trees to another location was also discussed. Mr. Mike Hattawav, an owner of the property, said let's introduce common sense here. He said there are at least three violations of the City Code and one of the reasons we got a landscape architect to do this is because to add credibility. He said this is not an exception. This is a permitted use, and we went through 18 months to get a site plan approved in this City. He said the City came back to us and said we would like you to build it to some CC 06-19-17/11 very nice standards. He said we photo -shopped the property and what we planned to do with it. He stated, we are proud of what it is now. He said let's try to work out something tonight and come to an agreement to do something to make it work for you. He said we don't want to do anything where we are in violation of any Code or planting any trees that will grow into sewer lines or power lines either. Commissioner Weller asked if they have already factored in the expenses for the landscaping fees. Mr. Mike Hattawav said yes, but it is way and above what is required. Deputy Mayor Sackett said we are talking about two (2) palms and two (2) crepe myrtles; if those are removed, what is left, the low shrubbery. Mr. Mike Hattawav said he didn't know there was a sewer line there, and the City Staff didn't know there was a sewer line there, because the site plan got approved with the sewer line there. He said it goes all the way across the front of the property, so we would have the same situation if we put it on the east side or the west side. Commissioner Weller stated, it is the responsibility of the developer to locate all the underground. When you start to dig around underground, you call underground locater and they locate all the pipes, so to lay that on the City is kind of a stretch. Mr. Mike Hattawav said he is not trying to lay it on the City. Mr. Matthew Brown said the reason we have the crepe myrtle at the west end is because we didn't know there was a sewer line there. He did inform the City, and that is why we have understory trees there, not canopy trees. He stated, the sewer line goes underneath the sign. Mayor Durso said these two (2) palms are what we are talking about and the magnolia tree: He said the alternative is, plant the trees and' we have problems, don't plant the trees and we will take the money for the tree fund. He also said this is something we do for all other developments or if there is an alternative we would like to hear it, otherwise that is the direction we are going to go. Mr. Jim Hattawav said it is those two, and it is not that we don't want to plant those trees. He said we are ready to say plant them, and the City is giving you permission to violate the LDC or don't CC 06-19-17/12 plant them, which makes nobody happy, or make a contribution based on measurement as in the LDC. He stated, of those three, we are willing to go forward with one of those three. Mayor Durso asked Mr. Kintner what the recommendation of staff is specifically, of payment of the tree. Mr. Kintner said the recommendation of City Staff is to pay into the tree fund consistent with 3.5.5 (L) the same way it would be for any other applicant. Mr. Mike Hattawav said we are in concurrence with that. Commissioner Maingot asked Mr. Kintner about code violations. Mr. Kintner said he does agree with code violations, however, thinks the sewer line issue is substantial enough. Commissioner Paris asked Mr. Jim Hattaway what number he has in mind to donate to the tree fund. Mr. Mike Hattawav stated it has been said that we meet the code. Commissioner Paris said we are using theoretical trees and we can't measure theoretical trees, so if you can give me a number, I can be happy to close this out and move on. Mr. Mike Hattawav said we looked at your Code, and your Code has four (4) categories that start at 3 inches and goes to 25 inches and greater. Commissioner Maingot said that particular tree is going to be at least 18 inches in diameter. Mr. Mike Hattawav said we figured 14 inches, so we're not that far apart. He said we figured the magnolia tree at the size we have to make it and that would be 6 inches. He said we looked at the actual size of the tree, and looked at what your Code said we would have to pay, and that would be $2,025 based upon those three (3) trees. He said the spirit of the agreement is that we put in heavy landscaping as opposed to code landscaping. If we take it up to larger sizes, we came up with $3,105, so this would be approximately 50% above what is required by your Code. Deputy Mayor Sackett suggested balancing two (2) crepe myrtles on the left with two (2) on the right side. Mr. Mike Hattawav did respond and say they could do that. CC 06-19-17/13 Discussion on what trees to put in and at what location ensued. Commissioner Maingot moved to replace the two (2) Date Palms with two (2) matching 65 gallon Standard Crepe. 'Myrtles and regarding the Magnolia Tree, replace it with a Little Gem Magnolia Tree. Mr. Langley will make an amendment to the plan to be executed by the City Manager. ,Seconded by Deputy Mayor Sackett. Mr. Hattaway said they are looking to be done with this by July 1, 2017. 11 Motion carried by a four -to -one (4-1) roll call vote with Mayor Durso voting nay. 13. CITY MANAGER'S REPORT. No report. 14. CITY ATTORNEY'S REPORT. No report. 15. CITY CLERK'S REPORT. No report. 16. ADJOURN. Mayor Durso adjourned the meeting at 7:52 p.m. 1 Joseph Durso, CC 06-19-17/14