Minutes of the Regular Meeting of the City of Davenport, Florida, held Monday, March 19, 2018 at 7:00 p.m. in the Commission Room after having been properly advertised with the following members present: Mayor HB Robinson and Commission Members: Vice-Mayor Brynn Summerlin, Tom Fellows and Abel Gonzales. Also present: City Manager Kelly Callihan and City Attorney Andrew Hand. Absent was Commissioner Bobby Lynch. Mayor Robinson declared a quorum present and opened the meeting with invocation and a salute to the flag. APPROVAL OF ORDER OF BUSINESS The City Manager requested the Commission to remove Items 4, 5 and 6 from the Agenda. This met with approval from the City Commission. PUBLIC COMMENT Joyce Hunter of 15 West Boulevard South announced The True Blue Winery Blueberry Festival and provided flyers to the Commission. Carol Davis of Center Crest RV Park once again voiced her issues with the sand hill near her property and requested compensation to clean their home and air conditioner. Those at Center Crest Boulevard and Begonia Avenue in particular have experienced similar issues. She appreciated the City Manager s help in this situation and asked if they could work with the developer on some of their issues. The City Manager answered that the developer intended to place a 6 vinyl fence and assured her that this situation would be taken care. Billie Kershner of 835 Center Crest Boulevard asked for compensation of the following items: Home needs to be cleaned Cracks in her cement repaired Air Conditioner cleaned Also wanted to place on record the Reinbeck address of 815 Center Crest Boulevard for their home and air conditioner to be cleaned and serviced. Mrs. Kershner advised that she had rallied for the cement wall since the very beginning. Mrs. Kershner also asked if the developer was present to speak with. The City Manager answered that he should be available at the next meeting. Pericles Lorenzo of 510 Peter Pan Boulevard advised that he had received two letters regarding the notice of the meeting and felt that it was unnecessary. In addition, tomorrow would be the true test of the sand hill because it was supposed to rain. He
further informed them that his wife was on oxygen 24/7 and recently had to go to the hospital due to a combination of the sand and the content of pollen this year. Mr. Lorenzo was discouraged with the mountain behind him and felt they are treated like second hand citizens. He suggested placing shrubs to provide some form of stability to the hill. Mr. Lorenzo also asked for the location and status of the playground. The City Manager responded that it would be placed in the middle. Tony Stewart of 121 West Murphy Street agreed that Davenport had problems to the south, north, east and west. Mr. Stewart commented that besides the sand hill issue, the City was experiencing traffic problems. The City Manager answered that CR 547 was controlled by the County, Highway 17/92 was a State highway and Highway 27 was also a State highway. He further added the procedures that developers needed to do in order meet the City s Land and Development Regulations. Vice-Mayor Summerlin commented that they were annexing certain pieces of property in order to gain control. Otherwise, the developers could build through the County s regulations. City staff was doing everything they could in order to help the citizens. Commissioner Fellows inserted that they had to play catch-up. All of these issues would be fixed but they would not be fixed overnight. Mr. Lorenzo of 510 Peter Pan Boulevard returned and asked about the status of the orange groves. The Commission answered the orange groves were being sold. There being no one else the Mayor closed Public Comment. CONSENT AGENDA Motion by Commissioner Fellows and seconded by Vice-Mayor Summerlin to approve the Consent Agenda items which consisted of the Minutes from the January 27, 2018 Commission Retreat, the February 19, 2018 Planning Commission, the February 19, 2018 Regular Meeting, the March 5, 2018 Planning Commission, the March 5, 2018 Regular Meeting and the March 5, 2018 Workshop. There being no discussion, the Mayor called for the vote. OLD BUSINESS 1. PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 844 FOR A VOLUNTARY ANNEXATION OF 31.06 +/- ACRES LOCATED SOUTH OF SOUTH BLVD, NORTH OF OLSEN ROAD, EAST OF PARK ROAD IN DAVENPORT At this time the Attorney was instructed to read Ordinance No. 844 by title. City Planner Raymond Perez took the floor. Raymond explained that the property contains 31.06 +/- acres and is located south of South Blvd, north of Olsen Road., east 2
of Park Road in Davenport. Staff has reviewed the conditions of the property and has determined that the owner(s) of the property and the area proposed to be annexed has consented to the annexation and that the property meets the requirements pursuant to 171.043, Florida Statutes for annexation. Kris Sullivan of 4080 Park Road was again present to voice concern about losing property as a result of all the building and the rise of the lake level. There being no one else, the Mayor closed the Public Hearing. Motion by Commissioner Fellows and seconded by Vice-Mayor Summerlin to approve Ordinance No. 844 as read. Discussion ensued with Vice-Mayor Summerlin questioning the demarcation line established during the annexation war. He asked Mr. Perez if this was all to the west side of the railroad track to which Mr. Perez concurred with him. NEW BUSINESS 1. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 845 REGARDING MEDICAL MARIJUANA DISPENSARY BAN At this time the Attorney was instructed to read Ordinance No. 845 by title. Darhlene Zeanwick of 4 West Lemon Street accepted the invitation and read from a document that outlined the reasons why the ban should not happen. (Document on file in the City Clerk s office) Commissioner Summerlin questioned how a medical marijuana facility would provide profit to the city. Mrs. Zeanwick answered, through property taxes to which Vice-Mayor Summerlin answered back that it would solely be through property taxes and through an occupational tax. Mrs. Zeanwick suggested drafting an ordinance to regulate pharmacies and tag them with a special tax like medical marijuana facilities. The City Attorney responded to her suggestion that it would not be allowed since it would be preemptive. Vice-Mayor Summerlin commented that the medical marijuana dispensaries could be banned for now and it could be changed at a later date. The City Attorney concurred 3
with Vice-Mayor Summerlin s statement. Mrs. Zeanwick commented that the City would be playing catch up since the Commission would not be willing to listen to what 1,948 of the citizens that voted for the medical marijuana dispensaries. Tony Stewart of 121 West Murphy Street voiced that the Commission needed to look at the whole scope of the situation before making any decisions. Brandon Kneeld of 702 Bridgeford Crossing Boulevard wanted the City Commission to keep in mind that a ban would not stop anyone from going 15 to the next city to obtain marijuana. If a ban would be placed, Mr. Kneeld was concerned that the City of Davenport would become The Forbidden Fruit and have it spill over from the neighboring City. There being no one else the Mayor closed the Public Hearing. Motion by Commissioner Fellows and seconded by Vice-Mayor Summerlin to approve Ordinance No. 845 Commissioner Fellows questioned the number of registered voters in the city. The City Clerk answered that there were approximately 3,600 registered voters. Commissioner Fellows further questioned the percentage of turnout. The City Clerk answered that it ranged around 10%. Commissioner Fellows felt that he didn t see how 1,948 voters had voted in favor of this amendment. Vice-Mayor Summerlin truly believed that control could be placed by banning medical marijuana. This could be done until the State Statute changed. The City Attorney answered that there could be a temporary window to perform studies and change. Commissioner Gonzales didn t want them to miss the opportunity of business or businesses coming into the City. With businesses would come growth and the City was only experiencing residential growth. If they get good businesses, then they became good partners with the City. Vice-Mayor Summerlin responded that there were no locations to place a medical marijuana dispensary. with Commissioner Gonzales opposing. 2. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 846 APPROVING A SMALL-SCALE LAND USE PLAN MAP AMENDMENT (LUPA) FROM AGRICULTURE/RESIDENTIAL-RURAL (A/RR) TO RESIDENTIAL LOW (RL) TO A.83± ACRES PROPERTY LOCATED NORTH OF HORSESHOE CREEK ROAD AND EAST OF POWERLINE ROAD At this time the Attorney was instructed to read Ordinance No. 846 by title. 4
City Planner Raymond Perez provided a brief explanation of the item. The Applicant is requesting an amendment to the Future Land Use Map for the purposes of adding to their surrounding of land for a residential development. Said parcels consist of.83± acres, and the request is to amend the Future Land Use Map Amendment Polk County Agriculture/Residential-Rural (A/RR) to City Residential Low (RL). The request has been reviewed and determined to be consistent with the policies and goals of the City of Davenport s Land Development Regulations and the Comprehensive Plan. The Mayor opened and closed the Public Hearing with no public input. Motion by Vice-Mayor Summerlin and seconded by Commissioner Gonzales to adopt Ordinance No. 846. Commissioner Gonzales questioned if the owners currently had RL zoning on their other property. The City Planner answered that the future land use map was for RL but they currently had A/RR and the zoning was AG (Agriculture). 3. REQUEST TO APPROVE THE CONTRACT WITH THE TOP RANKING FIRM KIMLEY HORN ON THE WATER LINE REPLACEMENT PROJECT. The City Manager provided a brief description of the waterline replacement project with Kimley Horn. He commented that a rate study would need to be done in order to properly upgrade the system. Once the design was made, the shoveling portion of the project would be done soon after. Vice-Mayor Summerlin questioned the duration of the project. Kimley Horn Representative, Lance Littrell answered that design would be completed roughly in September. The City Manager clarified that the portion was only the design portion only and there would need to be other studies done. Tony Stewart of 121 West Murphy Street commented that several fires happened in Jamestown and the citizen had to get water from four blocks away. Mr. Stewart volunteered to serve as a voice for Jamestown. There being no one else the Mayor closed the Public Hearing. 5
Commissioner Gonzales questioned how this would affect any type of future annexations. The City Manager replied this would replace the old lines and bring traditional Davenport up to speed. Motion by Vice-Mayor Summerlin and seconded by Commissioner Gonzales to approve the contract with the top ranking firm Kimley Horn on the water line replacement project. 7. DISCUSSION AND APPROVAL OF RESOLUTION 387-18 APPROVING AND CONSENTING TO THE ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT BY THE POLK COUNTY BOARD OF COUNTY COMMISSIONERS (GENERAL LOCATION: EAST OF HIGHWAY 17/92 NORTH OF NORTH BOULEVARD EAST) At this time the Attorney was instructed to read Resolution No. 387-18 by title. Rennie Heath with the Cassidy Group located at 346 Central Avenue in Winter Haven took the floor and asked for consent. He further noted that the CDD would be in the County even though a portion of it would be in Davenport. The City Manager asked if the intent of the CDD would be to approve and establish it through the County to be later annexed into the City. Rennie Heath answered that the property would be annexed from the County to the City. Tony Stewart of 121 West Murphy Street voiced concern about Jamestown Cemetery that could be an issue when it came to annexation. There being no one else, the Mayor closed the Public Hearing. Motion by Commissioner Fellows and seconded by Commissioner Gonzales to approve Resolution No. 387-18. CITY MANAGER REPORT Electricians will start tomorrow on the new Commission Chambers as well as HVAC and Plumbing the week after. Starting quarterly Newsletter 6
CITY ATTORNEY REPORT Nothing to Report CITY CLERK REPORT Ridge League of Cities Dinner April 12 th in Lake Alfred. Community Grant applications will be reviewed at the April 2 nd Workshop. City Election April 3 rd. CITY COMMISSION COMMENTS Mayor Robinson Invited Recreation Advisory Committee Chair Darhlene Zeanwick to brief the Commission on their Open Forum last Wednesday. Suggested Senior Dances at the Community Center. Consideration of some type of fire safety on the other side of the tracks. Suggested that they revisit the City Manager s contract and remove Review of Agenda from contract. Commissioner Gonzales: Noted Board of County Commissioner Meetings 3/20, 4/3 and 4/17 at 9 am in Bartow. Announced Meet the Candidate March 27 th from 6pm to 8pm at the Community Center. Advised that someone had parked on Suwannee Avenue during an event and was made to move their vehicle. Asked that they post No Parking signs on Suwannee. The City Manager advised that Staff would get some signs posted. Reminded everyone of the Employee Evaluations. Vice-Mayor Summerlin was ecstatic that the South Boulevard intersection was completed. There being no other business, a motion to adjourn was made by Mayor Robinson and second by Vice-Summerlin. Meeting adjourned at 8:40 pm I HEREBY CERTIFY that the foregoing Minutes are true and correct. Santiago Del Rio, Assistant to City Clerk 7