Loading...
10-15-2001 - Regular 'W' "-' CITY COUNCIL OF EDGEWATER OCTOBER 15, 2001 REGULAR MEETING 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter city Manager Kenneth Hooper city Clerk Susan Wadsworth Legal Assistant Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meetinq of September 24. 2001 Councilwoman Lichter moved to approve the september 24, 2001 minutes, second by Councilman Vincenzi. The motion CARRIED 5-0. PRESENTATIONS I PROCLAMATIONS IPLAOUES ICERTIFICATES I DONATIO NS A. Senator Locke Burt and Rep. Suzanne Kosmas presentinq ceremonial check for FRDAP Grant ($112.500) Rep. Suzanne Kosmas presented a check to Mayor Schmidt in the amount of $112,500 from the State of Florida for the Florida Recreation Development Assistance Program. B. Plaque presented to Gloria Graham for her service to the city from October 2. 1978 to October 18. 2001 Mayor Schmidt presented a plaque to Gloria Graham for her 23 years of service with the city. Personnel Director Debby Sigler presented Ms. Graham with a gift certificate. C. Res. No. 2001-R-22. Acknowledqinq the September 11. 2001 terrorist attack on the united States and offerinq our support and participation by establishinq the 'united We Stand' proqram and offerinq the services of our municipality as requested Legal Assistant Matusick read Res. 2001-R-22 into the record. Councilman Brown moved to approve Res. 2001-R-22, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilman Brown presented T-shirts to the Council and two checks to Finance Director Michele Goins towards the United We Stand Program and thanked everyone for their support. CITIZEN COMMENTS Andy Anderson, 1730 pine Tree Drive, stated he is a member of the Florida Shores Property Owners Association and they rent out this facility. Last year they rented it out to the No Name Saloon and normally they get $200 for security but the damage was $350 and they haven't been able to collect the other $150. He asked if they would be able to do that soon. 'W """'" City Manager Hooper informed him that matter is not City business. Mr. Anderson spoke about the school tax. He asked if anyone spoke in opposition to the school tax. Mayor Schmidt stated they didn't have anyone approach them on that. Mr. Anderson feels it wasn't right to have one person speak if you couldn't get the opposition. Tanya Girvan, 3109 Travelers Palm Drive, stated they came tonight because of what happened at the last meeting and the comments that were made in the newspaper. She congratulated the Council on their re-election. Ms. Girvan informed Mr. Anderson to contact shirley DeCubellis with regard to renting out the Florida Shores Clubhouse. She rented it not the No Name Saloon. Ms. Girvan stated once a month or every other month they have outdoor activities at the bar which are usually a charitable function. The only time it is not a charitable function is during Bike Week and Biketoberfest. The day after the Run for America they had which created $5,500, she was contacted by a lady whose daughter works at Skylark. She is 42, has breast cancer, no insurance and has children. She asked Councilman Vincenzi if he wanted her to tell her she couldn't do that because the noise until 10 p.m. bothers him. Councilman Vincenzi stated he is not questioning her intentions as far as doing benefits but the people that live around there also have a right. Ms. Girvan stated she has people that live right behind her that will also speak to the Council. Councilman Vincenzi feels the Council has cooperated with their operation out there but that night he got a number of complaints that the music was too loud. Ms. Girvan spoke about the direction of the wind. She feels if some of the Council and some of the people that complained would come down and join one of their festivities and donate their time like thousands of people in this city did they would see what this establishment is. Councilman Vincenzi stated he still isn't questioning her intentions, he feels they are great but you can't disturb the neighborhood. If people have complaints, they have a right to voice them. Ms. Girvan stated she believes there are 24,000 people in this city. The ones that attend the Council meeting are not the only people that elected the Council to office. Councilman Vincenzi stated there wasn't even one person here that was attending the meeting that called him the night. He felt it was his duty as a representative to voice their concerns. Ms. Girvan stated as a representative wouldn't his duty be to call her and ask her her opinion and what happened and what she could do instead of making comments in the paper. Councilman Vincenzi stated not necessarily. Ms. Girvan stated she considers it his responsibility to represent her too. She feels it would be courteous to call. Councilman Vincenzi stated he feels it is Ms. Girvan's responsibility to be responsible. Ms. Girvan stated she thinks she is very responsible in her business. Councilman Vincenzi stated there are people around her that don't think she is. Ms. Girvan stated there are people around her that think she is. One lady said it was torture and another lady said there was nudity. Councilman Vincenzi stated he wouldn't know about that because he's never been there. Ms. Girvan stated well perhaps if you came down and had a steak dinner you would. Councilman Vincenzi stated he really doesn't have a desire to do that. Ms. Girvan stated she is sure he doesn't and she is not surprised. Page -2- Council Regular Meeting October 15, 2001 .....,. ....", Ms. Girvan stated they came to thank the Council for supporting them with their run. They have a picture they would like the rest of the City to see that a lady donated to their establishment. The Police Department was wonderful, the Fire Department was wonderful and the citizens of Edgewater were wonderful. Councilwoman Rhodes stated she has come and has been there. She feels she is doing a great job with her charitable runs that she is doing but she also sees Councilman vincenzi's point of view. She feels Ms. Girvan is reasonable about her noise. She has never heard the noise after 10 p.m. The people that live near the No Name Saloon have the right to express their opinion. Ms. Girvan stated the bar was there before many of those houses were built. Ms. Girvan stated the first day of the event she had a police officer there that asked her to turn down the music. She turned down the music and called Mayor Schmidt and asked him to come down and sit on Riverside Drive to see what he could hear. She asked other members of City staff that live around her bar and they don't hear anything either. Councilwoman Rhodes stated she was there during Bike Week and walked up and down the street and she spoke to the people that live on the street around the bar. She only had one neighbor that told her they objected to the noise. She had two people call her that objected to the noise. other people she spoke to objected to people parking on their lawns. Ms. Girvan stated they just got permission from Mr. McAllister to park across the street. They are handling the parking as best as they can. The more they do, the more popular they become so the more traffic they create. They also create revenue. The same people that complain about the noise are the same people that will complain when their taxes go up because businesses aren't making money in this city. Councilman Vincenzi asked for a phone number where they could be reached if he receives a complaint any night they have an event going on so he can call them. The other night he drove by and along Riverside Drive it wasn't too bad but as you get closer naturally it gets louder. Ms. Girvan stated depending on which way the wind blows you can hear it on Travelers Palm Drive. Diane McGee, 135 otter Drive, stated she has lived in this area for over five years. At that time, she has never seen any other business or organization perform as much charity work as the No Name Saloon. She had the privilege of helping in a small way with the Run For America on September 30th out of which not only came a sizeable donation to the Red Cross Disaster Relief Fund but several complaints about the noise and traffic generated. To those that complained, where were you. If you had the time to call and complain, why didn't you have the time to cook some food, donate a raffle item, sell tickets or do anything to help this worthy cause. She spoke about the time put in to get ready for this event. It is grueling and exhausting to organize such an event. So why do it? Not for the profit. When all is said and done there is barely enough to cover the cost of putting it on. The money raised itself goes to the benefit. The one and only reason these fund raisers are put on is because of social conscience. When someone is in need, someone responds. In this town, that someone is usually the family at the No Name Saloon. Does it generate traffic? Yes, but let's not forget that the other businesses in this town benefit from the additional traffic. The gas stations, convenience stores, restaurants, bars and countless others. This is good for the economy of Edgewater, especially during Bike Week and Biketoberfest. Is it inconvenient at times? Yes, but the additional revenue keeps these businesses in business and the taxes generated help keep the homeowners from paying higher taxes. Does this mean they have the right to break the noise ordinance? Absolutely not, and they didn't. Page -3- Council Regular Meeting October 15, 2001 ~ "willi Ms. McGee stated she was there when the last band stopped playing at 9:45 p.m., an hour and fifteen minutes ahead of time. Was it a loud event? Of course it was. It was well supported, very greatly attended, and a highly successful event drawing people from allover the state. She stated her friend was one of the thousands who died in the World Trade Center. She is a former New York EMT, her daughter is a New York State TrooperjFirefighterjEMT and her son-in-law is a Sheriff's DeputyjFirefighterjEMT. She stated part of the training in a city is that you know the structures inside and out of the buildings that are in your service area. She knew it was a matter of time before they would collapse. She spoke of the rescue efforts of the emergency personnel. If the fund raiser at the No Name Saloon to raise money for the grieving families and for the aid and comfort of the workers still pulling people out of the rubble generated a little too much noise, she is sorry. She suggested people use their energy for something positive. You will feel a lot better about yourself if you do something constructive than you do complaining about your comparatively minor inconveniences. God Bless our Fire, Police and EMS crews around the country who risk their lives every day for us. God Bless the No Name Saloon family for their work and all those who support this work and God Bless America. Doris Hill, 112 Lincoln Road, stated she doesn't know what those two have in common, that terrible tragedy and the fact that they had a fund raiser. The people who complained, didn't complain about their motives. What they complained about was the level of the noise. Nobody wants to put them out of business or prevent them from having fund raisers. What they asked is that they would measure the level of the noise. There are many of them that feel the noise levels have been surpassed and go way beyond what the codes call for. Ms. Hill stated she lives a ways from the No Name Saloon. It was a Sunday and no she wasn't over there contributing anything. She doesn't feel as though she has to. She went to church, went home and tried to spend a quiet day and the noise was deafening. They don't complain about the music inside but they do complain about the noise outside. Councilwoman Rhodes asked if the police came. Ms. Hill stated she didn't call the police. She wasn't going to say anything about it until Councilman Vincenzi and several other people mentioned it. The people were upset about it and they had good reason to be upset about it. It would be one thing if it was for a couple of hours. When they say that music stopped at 9:45 p.m., it didn't because her and her daughter were watching television and she said she would go to bed but she didn't think she would be able to sleep and it was after 10 o'clock. Mr. Girvan stated one of the police officers came at 9:45 p.m. and encouraged her to check with the Police Department. Ms. Hill stated her clock must have been wrong. Councilwoman Rhodes asked if the police were there. City Manager Hooper stated yes. The police went to the scene and asked them to turn it down and they did that. It went back up but through the evening they responded when the police went out. They came in and spoke to him. They are looking at renewing a special activity permit and one of the conditions they have in the permit is if it is noisy and the ear of the beholder is the Police Department. If the Chief or his deputies decide it is too loud they are going to address them and get them to tone it down. If it is not toned down, it is headed toward more problems as this goes and escalates. It has been clear and they have cooperated. They also spoke about the parking and getting it across the street and setting it up with the Police Department to shuffle people back and forth across u.S. #1. Page -4- Council Regular Meeting October 15, 2001 -- .."", City Manager Hooper feels if they work with them and they understand that it is severe, there has been a lot of complaints but there has been a lot of good communication about it. Councilwoman Rhodes feels they need to be allowed to run their business. Bike Week and Biketoberfest are prime times to earn money. However, the people that are being disturbed have rights as well. She feels there needs to be some guidelines. Our noise ordinance says if it is a nuisance and that decision is made by the police officer that is there. She asked Ms. Girvan if they hire police officers, she has seen them there to take care of traffic. Ms. Girvan stated they hire police officers during Biketoberfest and Bike Week. The day of this run a police officer came to their building at 9:45 p.m. and the music was turned off. Councilwoman Rhodes asked if police officers that are hired to do traffic could be the decision makers as to whether the noise is too loud or not. city Manager Hooper stated it is not the ones just hired, but the ones from the station that are out there. They are the ones that go by, get the complaint and go out and listen to see how loud it is. Councilwoman Rhodes stated if you have police officers standing right there why can't you ask them? City Manager Hooper stated they aren't there all the time. Councilwoman Rhodes stated maybe they need to have one there all the time. Councilwoman Lichter spoke about the subject coming up two terms ago of having music and a permit. Although she stated at that time that she didn't drink, she thought this is a business that has a right to exist and she voted and that was a split vote and she voted for their existence. She thinks there are some people that don't want the existence of a bar and they use every excuse in the world to have that accomplished. She feels they have to respect individuals rights and be a little tolerant. Councilwoman Lichter thanked Ms. Girvan for making a contribution as a legitimate business and told her she believes they do a lot of good work. James Tudor, 2709 Juniper Drive, spoke about the noise being the train going by every night blowing its whistle and shaking his windows. It wakes him up every night. Ray Anderson, 1905 S. Riverside Drive, stated he is representing five properties on Riverside Drive. He spoke about contacting the Police over the last two years regarding the noise at the No Name Saloon. He went out and bought a decibel meter. He took readings of the noise and they were high but what is high? He has rentals and people have been complaining about the noise asking him what he is going to do about it. It is costing him money. He spoke about the expansion of the No Name Saloon and them getting bigger and louder. He is not against them doing business but when it begins to invade his privacy and his noise levels that he can't tolerate, that is why he is here. In the past two years nothing has been done and it has to be apparent hat nothing is going to be done. He has been in touch with OSHA and MASD and unfortunately they do not do sound studies on saloons. They do sound studies on agricultural machinery but it yields a set of curves and numbers which are valid for an uncomfortable level or dangerous level proportional to the amount of time exposed. He suggested they put together a workshop on the agenda so it becomes something that everyone is invited to so they can work out what is an acceptable level. He feels the call on what is loud is a matter of judgment. He wants to remove that possibility and make it become a matter of law. They should get someone who is educated on the use of the decibel meters that can determine when it is too loud. Page -5- Council Regular Meeting October 15, 2001 'W ....., Councilwoman Rhodes stated she has discussed this with City Manager Hooper and suggested this also. She agrees it is judgment and she doesn't like things to be judgment. What he told her is that they are not reliable. Mr. Anderson stated he knew that was going to be the answer because they had gone through that before. He further commented on a company called Test Wave that he found on the Internet. Councilwoman Lichter stated she is not adverse to Mr. Anderson's thought of getting together because she feels talking things out is always good and to see if there is some means of establishing something legitimate that fits in with their desires and the auditory needs of the residents. She feels they should also look into what other communities do. She feels they can not limit it to bars and will have to apply it to other things. Councilwoman Rhodes feels it is up to them to determine what is too much noise. The law or the citizens of Edgewater decide what is an acceptable level of noise and then they go with that. Mr. Anderson stated that is a good thought but the State of Florida is governed under OSHA. Those lines will have to coincide with the OSHA standards already produced. There was a brief discussion regarding other incidents other than the bar where the subject of noise has come up. Councilwoman Rhodes agreed they need to get together and work out some other criteria for noise. For right now the noise ordinance is subjective to the Police. Mr. Anderson stated he wants to see it on the agenda so they can get a vote on it and remove that authority from the Police. Councilwoman Rhodes stated they would have to rewrite the ordinance. Mr. Anderson informed her he has a model ordinance here already written for the Council. Councilwoman Rhodes stated she appreciates that but she thinks they would like to write their own ordinance. City Manager Hooper stated what they need to do is get other ordinances and show Council the different kinds. In looking at many of them when they finished the Land Development Code, more of them are tailored towards the nuisance, the ear of the beholder. He stated they could put that together if Council wants a joint session with the Planning and Zoning Board or however they want to do it. Councilwoman Rhodes asked Mr. Anderson if his problem with the noise is from the motorcycles or the bands. Mr. Anderson stated he never objected to the motorcycles, just the amplified and manufactured noise. Michelle Galloway, 1009 35th Street, stated she attended the fund raiser with her children and there were no naked people. Her husband played in a band that donated their time and they also donated the sound. There are different tones and some people are sensitive to different tones as opposed to noise levels. When she got home at 8 p.m. she couldn't hear the bands. She is hoping the events of September 11th made people realize what is really important and what is really not. If the City needs to get a machine to measure the noise or the volume, she feels their time would be better spent with putting some more police officers out on the street so they can watch the speed limits in Florida Shores where they race through all the time. She does not let her kids play in the front yard because of people speeding down her street. Page -6- Council Regular Meeting October 15, 2001 ..... .." Councilwoman Rhodes stated everybody's priorities are different and their job is to build a consensus with everybody's priorities and try to make it the City's priority and they are trying to do that. As a Council, they have no problem with the No Name Saloon. They have always backed them and think they do great work. She suggested, for Biketoberfest, to talk to the Chief and have a police officer there the whole time. Ms. Girvan stated then it is going to cost her. Councilwoman Rhodes stated it is not going to cost her because she is not the one complaining. Ms. Girvan asked to have City Manager Hooper research how many different people in three years have complained. She feels it doesn't amount to as many people that are here today. Councilwoman Rhodes stated it doesn't matter if it is only one. She feels Ms. Girvan's rights count as much as another's persons rights count. Ms. Girvan stated this woman is looking for people to watch out for her kids. Why should someone have to sit outside their business because the noise bothers Mr. Anderson. She feels this is not right. Councilwoman Lichter stated they note when Ms. Galloway mentioned about police response on her street. She is sure City Manager Hooper will mention that there are some speeding problems down there and that that has to be addressed in a faster manner. Charles Young, New Smyrna Beach, stated he frequents the No Name and they are good people. He spoke about when he served in the service over seas. In 1776, they fought for this country for our freedom. Every year they celebrate this freedom with a lot of loud noise and a lot of parking problems. When they go to these benefits, they are doing it as Americans. Americans aren't just Americans on July 4th. They do the benefits to help each other. He feels they should put up with the inconvenience. Doris Hill, 112 Lincoln Road, asked if that is all they do is run charitable parties and questioned if they make any profit from that business. Let's not be ridiculous here. There was a ten-minute recess at this time. Mayor Schmidt asked if there was anything else anyone wanted to talk about other than the No Name Saloon. It is obvious that this situation is getting too escalated tonight. There are too many sides being taken that truthfully should not be taken. It is turning into something that isn't going to be solved tonight. They are going to direct staff to get some other ordinances and input from some other towns that are going through this situation and then report back to Council so they can see about setting up a workshop. Councilwoman Rhodes feels they need to make it clear if you have a problem with noise that you contact the Police. Mr. Girvan stated his bar is also a wonderful restaurant. A lot of the people think that is still a dump but they have spent thousands of dollars fixing that place up. Andy Anderson, Pine Tree Drive, asked if they can speak from the audience or must they raise their hand and be called on. Mayor Schmidt informed him you are supposed to come up to the microphone. He doesn't think anybody should be bothered by anybody else. Mr. Anderson feels when one is drinking your faculties get numb. When you are in the middle of a party you don't hear as well but to someone who is sober they hear it very easily. People who are living in the neighborhood who are not drinking are going to hear noise a lot more easily than someone who is drinking. Page -7- Council Regular Meeting October 15, 2001 'W' ,..., Ms. McGee stated when she volunteered at the No Name Saloon, Ms. Girvan's number one rule is if you are working, you are not drinking. No one who is working those events has a drink until the event is over. Dominic Capria, 606 Topside Circle, stated he is very disappointed with one exception. He feels everyone of the Council that spoke on it, with one exception, were for and against. You took the middle road like true politicians. Mike Visconti, 316 pine Breeze Drive, feels all of this is out of contents. He read a letter about the same issue attacking Councilman vincenzi. All he is doing is doing his job and what he was elected to do.. He doesn't see why they have to crucify him and what he did and his report that he made to the Council. He feels the issue is keep the noise down. CITY COUNCIL REPORTS Councilman Brown attended the Future Farmers of America event. The kids are doing a spectacular job. The kids were well behaved. He feels our education system is in a lot better shape than what people think it is. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated under the Water Alliance there is a sub-committee which is in charge of permits, compliance and conservation. In the past two years, over 2,000 rain sensors have been given out in Volusia County. There will be a Water Alliance meeting on the Water Plan on Thursday, October 25th at 9 a.m. at DBCC. He feels they should all try to attend. Councilwoman Lichter stated there was a law in Volusia County enacted regarding the rain sensor cut-off date. People that came into the City after 1991 were compelled to have water sensors. Those that do not have them have about another year to have them implemented. Councilwoman Lichter stated she got a call from Mr. Sammons on Riverside Drive who was here a few weeks ago concerning flooding again. She spoke to Mr. Wadsworth and he is going to be meeting with the grant people to see if anything can be done about this situation. Councilwoman Lichter spoke about the Manatee Sub-division of the Indian River Task Force met again. The State Fish and wildlife Conservation commission was not enamored with that plan. They have written a letter with ideas that want it tighter. The siting of the marinas is probably going to be the toughest issue. with the plan presented, they could put marinas in any of the four zones if they compensated for that. The State wants to consider the grasses and where the manatees are in numbers. Councilwoman Lichter stated the Fire Department had a very nice occasion. Chief Daly lost a nephew in the New York disaster. It was also the wrap up of Fire Prevention Week which she and Councilman Brown attended. There were many exhibits for the kids to see and there was also a blood pressure clinic and flu shots given. Mayor Schmidt informed Council of the lobbying dates for the Florida League of cities. Volusia Day is February 27th. He is looking at the week of February 18th or the week of February 25th to go up to Tallahassee and lobby. Page -8- Council Regular Meeting October 15, 2001 ~ """" Mayor Schmidt commented on the Florida League of cities Conference he attended in Tampa. He would like to put together a workshop to discuss the International sister City program. He went on to speak about the King of Spain visiting st. Augustine. Mayor Schmidt stated the one thing that kind of disturbed him tonight was they were here talking about the issue of noise that the No Name Saloon produces, not necessarily the events and everything else. When it stated to turn into the well because of this event we did this and trying to compare the whole pictures, he doesn't think that was proper by anyone that was involved in doing that. He feels the issue is plain and simple. The issue is noise. Hopefully they get the information they need, they can set up a workshop that sticks to noise. It's not going to please every person around. He feels the people that are dead against it aren't really dead against it but there has to be that compromise. He hopes everyone can keep it to the noise factor. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Mayor Schmidt stated Item 6A is different and questioned grouping Items 6B - 6L together. City Manager Hooper stated Item 6A is by itself and then they will do a separate public hearing. A. 2nd Readinq. Ord. No. 2001-0-60. Amendinq Article VI (Siqn Requlations). Article VII (Non-Conforminq Uses) and Article VIII (Administration) of the Land Development Code (Continued from 10/01/01. Item 6A) City Manager Hooper went over the changes to the above mentioned sections of the Land Development Code. Legal Assistant Matusick read Ord. 2001-0-60 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2001-0-60, second by Councilwoman Lichter. The motion CARRIED 5-0. B. 1st Readinq. Ord. No. 2001-0-61. Owner Inez J. Hooks ~uestinq annexation of 1.14+ acres located south and east of 35t Street. Washington Park Subdivision Mayor Schmidt about the discrepancy with 35th Street and 36th Street. city Manager Hooper stated he didn't know the answer but would find the answer for Council. Councilwoman Lichter feels the Edgewater maps needs to be fixed. City Manager Hooper stated they will look into it and talk to dispatch. city Manager Hooper informed Mayor Schmidt Legal Assistant Matusick had a title that includes Items B -L instead of Mayor Schmidt reading all of them. Ms. Plaskett made a staff presentation regarding the annexation of property in the Washington Park Subdivision. Councilwoman Lichter asked if there is a lake within this area. Ms. Plaskett stated it is farther to the east. Councilwoman Lichter feels the lake needs to be looked at as a potential danger because she saw kids in it and near it when she drove by the other day. She feels they should check that out since the City owns it and post some kind of signs. Page -9- Council Regular Meeting October 15, 2001 '-" ,.,.; Councilwoman Lichter stated when they were making the annexation with the Golf Course community she got several phone calls of fears. Is this the area that way back was designated for manufactured homes. Ms. Plaskett stated it may have been at one time. It currently is rural in the County and is zoned agricultural. They wrote letters to all of the property owners in that subdivision and it is not their intent to put manufactured homes and neither do we. Legal Assistant Matusick read Ord. 2001-0-61 through Ord. 2001-0- 71 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve ord. 2001-0-61, second by Councilwoman Rhodes. The motion CARRIED 5-0. C. 1st Readinq. Ord. No. 2001-0-62. Trustee Harvev P. Amster requestinq annexation of .90+ acres locates south of 35th Street and west of Oranqe Tree Drive. Washinqton Park Subdivision Councilwoman Rhodes moved to approve Ord. 2001-0-62, second by Councilwoman Lichter. The motion CARRIED 5-0. D. 1st Readinq. Ord. No. 2001-0-63. Owners Edmund and Irene Amara and Charles Hanna. Jr. requestinq annexation of 3.64+ acres located south of 35th Street and west of Oranqe Tree Drive. Washinqton Park Subdivision Councilman Vincenzi moved to approve Ord. 2001-0-63, second by Councilwoman Rhodes. The motion CARRIED 5-0. E. 1st Readinq. Ord. No. 2001-0-64. Owners Jerome and Debra L. Thomas requestinq annexation of 10.56+ acres located south of 35th Street and west of Needle Palm Drive. Washinqton Park Subdivision Councilman Brown moved to approve Ord. 2001-0-64, second by Councilwoman Lichter. The motion CARRIED 5-0. F. 1st Readinq. Ord. No. 2001-0-65. Owners James L. and Shellv M. Crowell requestinq annexation of 5.0+ acres located south of 35th Street and west of Needle Palm Drive. Washinqton Park Subdivision Councilwoman Lichter moved to approve Ord. 2001-0-65 second by Councilwoman Rhodes. The motion CARRIED 5-0. G. 1st Readinq. Ord. No. 2001-0-66. Owner Ton~ Pawlak requestinq annexation of 1.28+ acres located south of 35t Street and east of Travelers Palm Drive. Washington Park Subdivision Councilwoman Rhodes moved to approve Ord. 2001-0-66, second by Councilman Brown. The motion CARRIED 5-0. H. 1st Readinq. Ord. No. 2001-0-67. Owners and Co-Trustees Morris M. and Frances Wyman requestinq annexation of 4.01+ acres located east of intersection of 36th Street and Travelers Palm Drive. Washinqton Park Subdivision Councilman Vincenzi moved to approve Ord. 2001-0-67, second by Councilwoman Rhodes. The motion CARRIED 5-0. I. 1st Reading. Ord. No 2001-0-68. Authorized agent Elias Pachter (Rose Pachter Folk owner) requestinq annexation of .28+ acres located south of 35th Street. Washington Park Subdivision Page -10- Council Regular Meeting October 15, 2001 .... ~ Councilman Brown moved to approve Ord. 2001-0-68, second by Councilman Vincenzi. The motion CARRIED 5-0. J. 1st Readinq. Ord. No. 2001-0-69. Owner Robert S. Rothman requestinq annexation of .60+ acres located south of 35th street and east of Oueen Palm Drive. Washington Park Subdivision Councilwoman Lichter moved to approve Ord. 2001-0-69, second by Councilwoman Rhodes. The motion CARRIED 50-0. K. 1st Readinq. Ord. No. 2001-0-70. Owner Samuel Acebal requestinq annexation of 3.15+ acres located south of 35th Street and east of Travelers Palm Drive. Washinqton Park Subdivision Councilwoman Rhodes moved to approve Ord. 2001-0-70, second by Councilman Brown. The motion CARRIED 5-0. L. 1st Readinq. Ord. No. 2001-0-71. Owners Jack H. and Mildred Mishkin requestinq annexation of 1.43+ acres located east of 35th Street and Umbrella Tree Drive. Washinqton Park Subdivision Councilman Vincenzi moved to approve Ord. 2001-0-71, second by Councilwoman Rhodes. The motion CARRIED 5-0. M. 1st Reading. Ord. No. 2001-0-72. Owners John Merrick. Willie Wood. Barbara Constable and Rosi Fortna requestinq annexation of 7.0+ acres located west of US 1 and south of East Wind Subdivision (lots 1-17 inclusive. Thomas Subdivision in Murrav Grant Ms. Plaskett made a staff presentation. Councilwoman Lichter commented on it being changed from County commercial to City commercial. Then from City commercial to City B-3. She questioned how B-3 is different than the County commercial. Ms. Plaskett explained it is almost identical. Councilwoman Lichter asked what could go there. Ms. Plaskett explained just about any type of retail use or any commercial use we have. It is the highest intensity commercial use we have in the City. Councilwoman Lichter asked if it could be a Winn Dixie or a Publix. Ms. Plaskett stated it may not be deep enough to accommodate a real shopping center with anchor stores. Right now they are talking about the annexation. The re-zoning will come at a later date. Councilwoman Rhodes asked why they can't go from County commercial to Highway commercial. Ms. Plaskett explained they can. They have to change their maps. City Manager Hooper stated when it is annexed from the County into the City is requires a Comp Plan no matter what you want to do with it just to bring it in. There was a brief discussion regarding the size of the lots. Councilwoman Lichter stated before that change has to be made do the residents in the surrounding area get notified. Ms. Plaskett informed her absolutely. Any time they do a re-zoning they are required by law to notify everyone within 500 feet. Councilwoman Lichter asked for more examples of what is allowed there. Ms. Plaskett stated gas stations, cleaners, any type of retail. Just about any type use other than industrial type uses are permitted in the commercial district. Page -11- Council Regular Meeting October 15, 2001 ~ ., Legal Assistant Matusick read Ord. 2001-0-72 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2001-0-72, second by Councilman Brown. The motion CARRIED 5-0. CONSENT AGENDA A. Local Law Enforcement Block Grant - staff recommendinq acceptance of the $18,148 qrant and provide a cash match of $2,016.00 B. Law Enforcement Trust Funds - staff recommendinq approval to use Funds in the amount of $3,570.94 to purchase uniforms and equipment for the Detective Division to function as Patrol Officers in case of an emerqency C. Recreation/Cultural Services Board Appointment - Councilwoman Rhodes to consider reappointinq Michael visconti for another three-year term (Continued from 10/01/01, Item 7A) D. Police Pension Board Appointment - Councilwoman Lichter to consider Board's recommendation to reappoint Rena Green for another two-year term Councilwoman Rhodes stated she is pleased to recommend Michael visconti be reappointed to the Recreation/Cultural Services Board. Councilwoman Lichter had a question on Item 7A. They are giving us $18,000. She doesn't call it a cash match if they just give $2,000. Is that what they call it in terms of grants or are they going to have to pay more than one year. City Manager Hooper stated it is the matching portion that comes from the city in cash. Councilwoman Lichter moved to accept the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5-0. OTHER BUSINESS A. Additional Fundinq for New Ballfield Complex at Hawks Park - staff recommendinq acceptance of the FRDAP Grant for $112,500.00 and to authorize the Mayor to siqn the Aqreement with D.E.P. City Manager Hooper made a staff presentation. Councilwoman Lichter stated if the Governor's budget is declared with a short fall next year, does that affect how much they are going to put in and will they be having to dig up more money towards it. City Manager Hooper stated what they have described to date is once these are issued, these are taken into account when they do have a special session, looking at the revenues. He thinks the potential, until there is a check in the bank, they could but he thinks it is very doubtful they would have any revenue loss to it. It is going to take a little time before they will be spending this money so they will be watching through the session. Councilwoman Lichter stated she has never seen a grant with more ifs and buts and what they have to do to get it and what Mr. Corder has to go through yearly to keep it. It is unbelievable. She feels the State has the edge on this. City Manager Hooper explained any grants we have gone for, when you are receiving them they usually come with several strings attached. Page -12- Council Regular Meeting October 15, 2001 ~ """"" Councilwoman Rhodes moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Ernst and Younq, LLP Work Order #2 - staff recommendinq approval to retain Ernst and Younq, LLP for auditinq and other financial services City Manager Hooper made a staff presentation. staff recommends approval. Mayor Schmidt asked if this is a slight increase. City Manager Hooper informed him about $5,000. Councilwoman Rhodes asked why. City Manager Hooper explained part of it is an annual increase. There was further discussion regarding the $5,000 being a pretty good size increase. Councilwoman Rhodes asked if after three years they are going to do the bidding process again. City Manager Hooper informed her that is their choice. Councilwoman Lichter moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. C. Professional Enqineering Services - staff recommendinq approval of Addendum #3 for renewal of contract for Hans Wolfer extendinq the term throuqh October 5, 2002, with no rate increase City Manager Hooper made a staff presentation. He informed Council they are having a little bit of problems with timing so they will probably add a second or third engineer of this sort to do development review through this year. Councilman Brown moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. D. Foley & Lardner Aqreement - staff recommendinq approval of Amendment #1 for retention of city Attorney city Manager Hooper made a staff presentation. This reflects a $5.00 per hour increase. Councilwoman Lichter asked if the increase is for the associates. city Manager Hooper stated it is really the rates for Scott Cookson, who does a majority of the work. Councilwoman Lichter stated that is just for him, it is not an increase for using the other personnel. City Manager Hooper informed her that is correct. Councilman Brown asked how much they have saved by not having an Attorney here all the time. City Manager Hooper stated they probably saved $70,000 to $80,000 last year, at least, which is just the Attorney's bills for the City Attorney. Councilwoman Lichter asked if they are dealing with the other law firm for Code Enforcement. City Manager Hooper stated they are still doing exactly what they were doing. Councilman Brown moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. E. city Clerk Aqreement - staff recommendinq approval and authorization for Mayor to siqn contract with Susan Wadsworth City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Rhodes asked who determines the cause or without cause. City Manager Hooper stated it would probably be the Council, himself and the City Attorney. Page -13- Council Regular Meeting October 15, 2001 '-' ...." Councilwoman Rhodes moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper stated he handed out a copy of a purchase sale draft agreement to Council. That will be on the agenda probably on the 27th for FIND for them to conceptually approve that. It is now going through staff review, City Attorney review and engineer review. This will be on for a public hearing and for Council to look at and review. It will be on the agenda after FIND takes their vote on it. Probably the first meeting in November. city Manager Hooper showed Council the banners Mr. Corder had made for the holidays. Mr. Corder informed Council they are looking at ordering 100 that will be placed throughout the City. It was the consensus of Council to order the banners. CITIZEN COMMENTS/CORRESPONDENCE Dick Jones, 1530 Sabal Palm Drive, stated he hopes Legal Assistant Matusick is happy with the pay scale. Mr. Jones asked if any enclaves or County type properties have been formed by all this annexation process that the City has done. City Manager Hooper stated has a matter of fact it is shrinking enclaves. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:10 p.m. Minutes submitted by: Lisa Bloomer Page -14- Council Regular Meeting October 15, 2001