City Commission Minutes - June 24, 2004

	City of Coconut Creek City Commission Minutes Meeting No. 2004-22
	Date: June 24, 2004 Time: 7:00 p.m.
	Kind: Regular
	4800 West Copans Road, Coconut Creek, Florida, 33063

Tape 1

1. The meeting was called to order by Mayor Sarbone at 7:04 p.m.

2. Mayor Sarbone led the Pledge of Allegiance.

3. Present upon roll call:

Mayor Lou Sarbone

Vice Mayor Marilyn Gerber

Commissioner Becky Tooley

Commissioner Sam Goldsmith

Commissioner Jim Waldman

City Manager John Kelly

City Attorney Paul Stuart

City Clerk Barbara Price

4. Approval of Minutes: Regular Meeting No. 2004-17 - May 13, 2004

Regular Meeting No. 2004-19 - May 27, 2004

MOTION: Gerber/Goldsmith - To approve the Minutes as listed above.

Upon roll call, the motion was passed on a 5-0 vote.

5. PROCLAMATIONS

None.

6. PRESENTATION BY VISION BROWARD

>Lonnie Maier, a member of the Executive Committee of Vision Broward, presented the VisionBROWARD Task Force Recommendations (April 2004) relating to economic development within the County, as well as regional issues. Ms. Maier indicated that Nova Southeastern University had facilitated visioning sessions for the 55-member Steering Committee. She noted that the final document will be posted on their website, www.visionbroward.org., and urged the Commissioners to review it. She added that work would continue with the Broward County Commission and noted that the Commission would be invited to participate in a Financing Conference to be held simultaneously with the Florida League of Cities Conference in August to discuss funding opportunities. The Taskforce was given to the City Clerk for distribution to the Commission and City Manager.

7. CITY MANAGER REPORT

Mr. Kelly reminded the Commission of the presentation by the consultant for the MainStreet project on June 30th in the Commission Chambers and he noted that input from the public was the main purpose of the meeting.Because of the Sunshine Law, the Commissioners may attend as observers rather than participants.

8. CITY ATTORNEY REPORT

REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)

Mr. Stuart recalled that several months ago the Commission had authorized the City Attorney to file foreclosure regarding liens on Coral Lakes Mobile Home Park.Immediately after that, the City was notified that the property was being sold and a contract would be forthcoming. Relating that the City had received a copy of the pending contract for the sale of the property, Mr. Stuart recommended not filing the foreclosure suit, as it would interfere with the closing and he stated that, since the lien is attached to the property, the lien would be settled at closing since the liens are attached to the property.Consensus was given by the Commission not to file the foreclosure.

9. COMMISSION COMMUNICATIONS

Commissioner Waldman advised that he is seated on the Growth Management, Legislative, and Annexation Committees for the Broward League of Cities and asked that anyone with concerns or interests contact him.

>Commissioner Waldman also advised that he had met recently with the Superintendent of the School Board, Dr. Frank Till, and was able to discuss issues of concern to the City. As to the expansion of Monarch High School, modular units will be added.Regarding the purchase of the property on Copans Road from the Resource Recovery Board by the School Board for an alternative school, the Commissioner stated that he had expressed disappointment to Dr. Till regarding the process that had been taken.Since the County has not voted on the sale of the property, as Chair of the Resource Recovery Board, Commissioner Waldman has scheduled a special meeting next week to discuss this matter.As to the School Resource Officer issue, Commissioner Waldman related his position that a party who wants a service should pay for it or be the taxing authority to pay for it.Dr. Till had informed him that the School Board does not set the tax rate for Broward County--it comes out of Tallahassee.Therefore, in order for the School Board to pay for the School Resource Officers countywide, it would have to take away other programs.Dr. Till did agree that the equitable way is a countywide tax based on the ad valorem. Commissioner Waldman asked Vice Mayor Gerber her thoughts on how to handle this. The Vice Mayor felt that the first step was to find out which state agency sets the School Board tax rate and then, using the issue of homeland security as a base for the tax, petition the State Legislature to have a tax rate established to fund the SROs.The Commissioners gave consensus to pursue this.

>Commissioner Goldsmith related his conversation regarding the inequity of the SRO funding with Dr. Bob Parks of the School Board, who had Carole Andrew, Chair of the School Board contact the Commissioner.Ms. Andrews noted that the School Board has lost $14 million dollars in state funding during the past three years and she felt the School Board could not address the SRO issue without cutting back on other programs.

>Commissioner Tooley reported that Monarch High School was chosen as one of the high schools to participate in a test program in which all students would be provided palm pilots.

Commissioner Goldsmith asked what had been decided upon to use as welcome souvenirs for the City's booth at the forthcoming Florida League of Cities' conference.Mr. Kelly stated that Assistant City Manager Mary Blasi would be coordinating the handouts.

10. INPUT FROM RESIDENTS OF COCONUT CREEK:Three (3) minutes per resident on non-agenda items.

None.

REGULAR AGENDA

RESOLUTIONS

11. MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement between Post, Buckley, Schuh and Jernigan, Inc., and the City of Coconut Creek for disaster debris monitoring. (RESOLUTION NO. 2004-56) (Public Works)

MOTION: Tooley/Goldsmith - To adopt Resolution No. 2004-56.

Director of Public Works Scott Sundermeier explained that having the contract would optimize the City's ability to receive FEMA reimbursements.As the monitoring of debris is becoming more specific, this would be an efficient method of accomplishing the work. Mayor Sarbone questioned the lack of an end date on Page 4 of the agreement.Mr. Sundermeier clarified that the contract is one year from the date of the execution with a provision of renewal for two additional one-year periods.

Upon roll call, the motion was passed on a 5-0 vote.

12. MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement between the City and BankAtlantic for banking services in accordance with RFP #04-14-04-03 for Banking Services. (RESOLUTION NO. 2004-57) (Finance and Administrative Services)

MOTION: Tooley/Gerber - To adopt Resolution No. 2004-57.

Director of Finance and Administrative Services Karen Brooks provided brief explanation of this and the following items. She noted that BankAtlantic offered more services at half the cost and, therefore, staff recommends approval.

Upon roll call, the motion was passed on a 5-0 vote.

13. MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement between the City and Wells Fargo Bank for Custodial service in accordance with RFP #04-14-04-03 for Banking Services. (RESOLUTION NO. 2004-58) (Finance and Administrative Services)

MOTION: Gerber/Waldman - To adopt Resolution No. 2004-58.

Upon roll call, the motion was passed on a 5-0 vote.

14. MOTION TO ADOPT a resolution authorizing the City Manager to execute the attached engagement letter for Audit Services between the City and McGladrey & Pullen, LLP., in accordance with RFP #05-26-04-02. (RESOLUTION NO. 2004-59) (Finance and Administrative Services)

MOTION: Waldman/Gerber - To table Resolution No. 2004-59.

Ms. Brooks explained two proposals were received that had comparable government engagements, which were McGladrey & Pullen and Rachlin Cohen & Holtz. McGladrey & Pullen rated higher due to the experience of the senior auditor and the inclusion of an audit manger in their staffing plan. Additionally, McGladrey had offered more audit hours at a cost.

Commissioner Goldsmith stated he did not understand the disparity in the number of hours provided by the proposers and asked if that was a factor in staff's decision. Ms. Brooks explained that McGladrey & Pullen had offered 400 hours in total toward the audit. As each hourly rate was lower, if additional hours were needed, it would be better financially for the City.The Commissioner pointed out that the hourly rates were higher than the other proposers.Ms. Brooks felt that McGladrey's offer of an audit manager would provide more services to the City.She confirmed that the proposal provided for CAFR preparation and reiterated that, because of the price offered by McGladrey, staff was recommending that firm.

Commissioner Waldman questioned a reference in the McGladrey letter of engagement to H & R Block. Bob Feldman, a partner with McGladrey, explained that the firm’s tax service is owned by a subsidiary of H&R Block. This provision is standard language and not applicable to the City.

Mayor Sarbone asked, if price were not a consideration in the rankings, how they would fall.Ms. Brooks stated that McGladrey still would be the recommended firm because of their proposed staffing plan. The Mayor questioned why the EDP audit services were not included in any of the proposals and Ms. Brooks explained that is an additional service, and it is not done every year.

Commissioner Waldman stated that after reviewing the proposals, he felt that McGladrey did not have as much South Florida/Broward County experience as Rachlin & Cohen, which he felt was more important. Commissioner Goldsmith asked if Rachlin & Cohen had experience with the City in the past and Ms. Brooks was not aware of any.The Mayor expressed agreement that the firm should have local municipal experience.Ms. Brooks confirmed that both firms had that experience.

Commissioner Waldman suggested having presentations from the two top ranked companies at the next meeting, August 12th.

The Mayor allowed a Rachlin & Cohen representative who was present in the audience to speak.Jerry Chiocca, Director of Public Sector Services for Rachlin & Cohen, addressed the Commission.Mr. Chiocca clarified that, with the total hours quoted, there would be no additional charges and that his company offered the experience of the senior accountant and a partner, which would result in more hands-on experience for work projects.

The Mayor suggested the presentations could be made at the regular Commission meeting and the Commission concurred.

MOTION: Waldman/Goldsmith - To table Agenda Item 14 to August 12th Commission meeting with presentations to be given by McGladrey & Pullen and Rachlin Cohen & Holtz.

Upon suggestion by the Mayor to have the presentations at a workshop meeting on August 12th at 6:00 p.m., Commissioners Waldman and Goldsmith agreed to alter their motion accordingly.

Upon roll call, the motion was passed on a 5-0 vote.

15. MOTION TO ADOPT a resolution approving a Purchase and Sale Agreement between the City and Wal-Mart for land located on the north side of Hillsboro Boulevard immediately west of the Hillsboro Mobile Home Park. (RESOLUTION NO. 2004-60) (City Manager)

MOTION: Tooley/Waldman - To adopt Resolution No. 2004-60.

City Manager John Kelly explained the City had secured property on the north side of Hillsboro Boulevard. Wal-Mart is purchasing property on the corner of Hillsboro Boulevard and U. S. 441 and wants to add the City's 5-acre property to the property. This would be financially beneficial to the City as we paid approximately $1.4 million and Wal-Mart is offering to purchase it for $3.15 million.An alternate site for the water tank is being sought at considerably less money.

Vice Mayor Gerber indicated her disapproval of Wal-Mart's proposal due to the company's numerous projects in the surrounding areas. She viewed a Wal-Mart at this location as a threat to the MainStreet project and did not want to aid them to build a bigger store. However, Commissioner Waldman disagreed and did not feel that it would negatively impact the downtown project. He felt Wal-Mart would be a good anchor for MainStreet by drawing more people to the area.

Mr. Kelly elaborated that Wal-Mart's philosophy is to have a Wal-Mart at every three-mile point. He added that Wal-Mart had negotiated well with the City and that the City was receiving a good price for the property.

Mayor Sarbone, too, did not feel that this would have a negative impact on MainStreet and he felt that the negotiation was a good way to secure funds for alternative purchase of land.

Mr. Stuart stated, for clarification, that Wal-Mart had not executed the contract with the City; it was to be considered at their July 19th Executive Board meeting.He also wanted to clarify that the other site the City wants to purchase with these funds has not been secured and is still under negotiation.

Upon roll call, the motion was passed on a 4-1 vote with Vice Mayor Gerber voting nay.

16. MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement with First Baptist Church at Hillsboro to allow certain development applications pending resolution of litigation. (RESOLUTION NO. 2004-61) (Development Services)

MOTION: Waldman/Tooley - To adopt Resolution No. 2004-61.

Director of Development Services Sheila Rose stated the proposed Resolution would allow the Church to post a cash bond for their outstanding code enforcement fines.She added that the plat has been approved and the Church wants to start the work again.

Commissioner Tooley asked if the Church would have to replace the trees they removed.Ms. Rose noted that the trees that were removed without a permit would have to be mitigated or paid for as a contribution to the tree trust fund.Vice Mayor Gerber asked if the church would receive the interest on these funds and Mr. Stuart noted that it was a typical cash bond situation.

Mayor Sarbone felt that there should be a deposit equal to some percentage, if not all, of the fine to be deposited with the City, which would enable the City to earn the interest.If the church would prevail, then the City could pay them back.Mr. Stuart clarified that this was cash as no bond was involved and the City would be holding the money in the City bank account.

Upon roll call, the motion was passed on a 5-0 vote.

ORDINANCES/SECOND READINGS/PUBLIC HEARINGS/QUASI-JUDICIAL

17. MOTION TO ADOPT an ordinance approving the conveyance of a utility easement and authorizing the Mayor to execute the attached easement deed granting said easement to Florida Power & Light Company for the provision of electric service to the Coconut Creek Community Center facility. (ORDINANCE NO. 2004-015 - SECOND READING) (PUBLIC HEARING) (Public Works)

Ordinance No. 2004-015 was read by title by Mr. Stuart.

MOTION: Waldman/Tooley - To adopt Ordinance No. 2004-015.

Mayor Sarbone opened the public hearing. There were no questions or comments, and the public hearing was closed.

Upon roll call, the motion was passed on a 5-0 vote.

18. MOTION TO ADOPT an ordinance approving the PCD modification of the Spear PCD by amending Ordinance No. 102-99. (ORDINANCE NO. 2004-016 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)

Ordinance No. 2004-016 was read by title by Mr. Stuart.

MOTION: Tooley/Gerber - To adopt Ordinance No. 2004-016.

Mayor Sarbone opened the public hearing. There were no questions or comments and there were none and the public hearing was closed.

Upon roll call, the motion was passed on a 5-0 vote.

19. MOTION TO ADOPT an ordinance approving the rezoning request for Pinecreek from A-1 (Agricultural) to PUD (Planned Unit Development). (ORDINANCE NO. 2004-017 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)

Ordinance No. 2004-017 was read by title by Mr. Stuart.

MOTION: Tooley/Gerber - To adopt Ordinance No. 2004-017.

Mayor Sarbone opened the public hearing.

Robbie Currie, 7200 N.W. 51 Terrace, was sworn in by the court reporter and addressed the Commission.Mr. Currie expressed his opposition to putting the road through, as he bought his house because it was on a dead end road and would like it to remain that way.

Brad Currie of Land Design South representing the applicant, Deerwood Estates, explained that the roadway would become an issue at the plat approval. At this rezoning the applicant is not requesting the road extension.

Ms. Rose advised that this property was proposed for development as 30 single-family homes and, as to the roadway extension, staff is working with the applicant to provide greenways, which would provide for emergency access, which is the City’s main concern.Ms. Rose noted that these issues would be addressed at the time of the plat approval.

Discussion continued regarding N.W. 51 Terrace and N.W. 71 Street to allow emergency vehicle access.Commissioner Waldman stated his position that by changing the road, it would change the entire atmosphere of that area and it was important to keep that area as rural as possible.Country Woods, Secret Pond and Hidden Lake all were developed for the rural aesthetics.

Ms. Rose clarified that the concept proposed for the loop road, which would eliminate a northward connection and convert that section of the roadway to a greenway. Robbie Currie pointed out his property on an aerial map to help clarify this discussion.Mr. Stuart asked that the record reflect that an aerial map of the area was being pointed out.

Ms. Rose reiterated that the details of the road construction would be presented with the plat approval and as well as a more detailed layout of the traffic.

Commissioner Waldman asked Ms. Rose how there could assurance that there would be no road on N.W. 51st Terrace and that it would remain a greenway/bicycle path with access only for emergency vehicles.Ms. Rose explained a few options and suggested the most effective way was to include an amendment to the City’s Comprehensive Plan detailing this area as a greenway status. The Commissioner suggested this be done immediately.Ms. Rose noted that it could be done during plat approval.

Vice Mayor Gerber disagreed with Commissioner Waldman regarding the roadway and felt that too many homes were being developed for only one road to service all those people.

Acknowledging the urgency regarding the roadway discussion, Mr. Stuart reiterated his remarks made at the first reading that the application on the table is for rezoning and roadway discussion is not pertinent.Commissioner Waldman stated that if the rezoning were not approved, the road would not be an issue.

Upon roll call, the motion was passed on a 4-1 vote with Commissioner Waldman voting nay.

20. MOTION TO ADOPT an ordinance vacating, releasing and abandoning a 30-foot right-of-way of the North Broward Preparatory School Plat. (ORDINANCE NO. 2004-018 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)

Ordinance No. 2004-018 was read by title by Mr. Stuart.

MOTION: Gerber/Tooley - To adopt Ordinance No. 2004-018.

Mayor Sarbone opened the public hearing. There were no questions or comments and the public hearing was closed.

Commissioner Goldsmith inquired about the traffic signal for the school. Attorney Dennis Mele, representing the applicant, was sworn in by the court reporter.Mr. Mele explained that Broward County Engineering had written a letter dated June 18th stating that a traffic signal is warranted at that location and they would proceed with the design.Commissioner Goldsmith noted that the homeowners' association across from the school has been approached by the School to pay for part of the traffic signal.

Upon roll call, the motion was passed on a 5-0 vote.

21. MOTION TO ADOPT an ordinance amending Chapter 15 Code of Ordinances, entitled Parks & Recreation, Sections 15-31 and 15-33, General Fund Recreation Programs. (ORDINANCE NO. 2004-019 - SECOND READING) (PUBLIC HEARING) (Parks and Recreation)

Ordinance No. 2004-019 was read by title by Mr. Stuart.

MOTION: Tooley/Gerber - To adopt Ordinance No. 2004-019.

Mayor Sarbone opened the public hearing. There were no questions or comments and the public hearing was closed.

Director of Parks and Recreation Linda Wiederspan stated that following first reading a survey had been conducted and the result was that most cities do not charge a fee for resident use of indoor gymnasiums.

Upon roll call, the motion was passed on a 5-0 vote.

ORDINANCES/FIRST READINGS/PUBLIC HEARING/QUASI-JUDICIAL

22. MOTION TO ADOPT an ordinance approving a one-year lease of the City-owned vacant land in the Lyons Creek Plat to Triangle Tomato Company. (ORDINANCE NO. 2004-020 - FIRST READING) (Development Services) (Tabled from June 10th Meeting)

Ordinance No. 2004-020 was read by title by Mr. Stuart.

MOTION: Gerber/Tooley - To adopt Ordinance No. 2004-020.

Mr. Stuart advised that he had written the owner of the Triangle Tomato Company, David Neill, who increased his offer to double the amount; however, Mr. Neill is not interested in continuing to farm if he has to pay more than this offer.Mr. Stuart stated that staff recommended passing this ordinance as it will prevent dumping on this property and help with environmental issues if the property were sold.

Commissioner Waldman asked what insurance Mr. Neill carried on this property and what rights the City had under the lease for early termination.Deputy City Manager Dave Rivera said this was a one-year lease.Mr. Stuart stated he would research the insurance issue prior to second reading.

Upon roll call, the motion was passed on a 3-2 vote with Commissioner Waldman and Mayor Sarbone voting nay.

23. MOTION TO ADOPT an ordinance approving the Special Land Use Application submitted by God’s Acres, Inc., God’s Little Acres, Inc., and Robert (Bob) and Joan Nast, pursuant to Section 13-35 of the Land Development Code. (ORDINANCE NO. 2004-008 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)

Ordinance No. 2004-008 was read by title by Mr. Stuart.

MOTION: Gerber/Tooley - To adopt Ordinance No. 2004-008.

Mayor Sarbone indicated he would not open the public hearing until Mr. Stuart presented the changes that were made at the previous meeting for Commission discussion and he stated his intent to hold speakers to a 3-minute time limit.

Mr. Stuart explained that the Section 2 in its entirety had been rewritten and now included 17 conditions, including a provision directed by the Planning & Zoning Board and from discussion at the last meeting that the special land use not run with the land.Also, Mr. Putman, on behalf of God's Acres, has submitted an amended application and we can now proceed with another first reading.Mr. Stuart reviewed all of the conditions, and noted two items that had been discussed but were not included in the conditions: requiring a special police detail for major functions and requiring a 10-foot landscape buffer on the west side of the property

Commissioner Tooley asked regarding traffic and the actual hours of the functions. In order to answer questions, the court reporter swore in all parties speaking on this item.Ms. Rose suggested that the need for a special police detail could be reviewed during the special event review process and, if a special detail were warranted, it would be a requirement of the permit.

Commissioner Waldman asked if the applicant had agreed to all of the new terms. Mr. Putman, on behalf of the applicant for the petition, asked if all of the testimony provided at the first reading on June 10th would be a part of the record. The Commission agreed and Mr. Stuart stated that the City would agree to that.Mr. Putman indicated agreement to the conditions with the exception of wording relating to the number of persons allowed at major and minor events (Conditions 3 and 4).He recalled that a letter had been sent to Planning & Zoning Manager Scott Stoudenmire defining a major function as 100 people and a minor function as 30 people on premises.Mr. Putman suggested the wording should be 100 families for major events and 30 families for minor events, rather than "people."

Discussion ensued on this issue. Mr. Putman provided information relating to the number of attendees at the major functions; he noted a list of the attendees is maintained.

The Mayor recalled that there had been considerable discussion at the last meeting and he felt there was agreement by the applicant, as no objection to the 100 and 30 was stated at that time.

Robert Nast, owner of the property, 4551 N.W. 39 Avenue, explained the invitation process and attendance at the functions. Discussion ensued regarding attendance numbers.Mr. Stuart clarified that at the previous meeting the record was very clear that the events would have no more than 100 persons, including children. He added that an attendance number had to be established for code enforcement purposes. Noting that a major concern of the neighbors was traffic, Commissioner Goldsmith suggested that a limitation as to the number of vehicles. Lengthy discussion ensued and agreement was reached that the number of vehicles would be limited to 75 cars at major functions and 30 cars at minor functions.

Addressing minor issues in the Ordinance, Mr. Putman requested that Thanksgiving Day be an exception to the condition that functions shall take place on Saturday; that the time for placement and removal of temporary signage be expanded from one hour to two hours; and he requested verbiage be added to Condition 4 as follows: "These provisions are not intended to apply to or restrict family functions not related to the corporate purpose."

The Mayor asked if the Commissioners had any changes to the Ordinance.Commissioner Waldman asked if the applicant was agreeable to Condition 2.Following discussion, there was agreement to remove No. 2(c), "Robert and Joan Nast not residing on the subject property." Subparagraphs (a), (b), and (d) would remain in the Ordinance. Condition 9 was changed by adding, "located on the property" at the end.Commissioner Goldsmith and Commissioner Tooley did not have additional changes.Commissioner Gerber asked that the hours given at the last meeting be brought back to the original request: between 11:00 a.m. to 5:00 p.m. After discussion, the hours of 11:00 a.m., to 6:00 p.m., were agreed upon.The Mayor asked that Condition 8 be changed to allow for emergency circumstances.

Mayor Sarbone opened the public hearing and asked that comments be limited to 3 minutes.

Donna Philllips, 4320 Vinkemulder Road, noted that the changes to the ordinance had addressed the concerns of most of the neighbors, who were pleased with the changes. However, she asked that augmented landscaping of the new facility be required. She also suggested that attendance should be capped using a head count rather than a car count and noted the neighbors are more concerned about the number of attendees at casual events. Ms Phillips submitted a copy of the Florida Statute 316.0825 relating to operation of motor vehicles near animals to the City Clerk and suggested that signage be posted at the entrance to N. W. 39th Avenue referencing the statute.

Joseph Pastura, 4060 Vinkemulder Road, stated that the property it should no longer be zoned for this type of activity when the Nasts leave it and he agreed with Ms. Phillips regarding vehicle count on the events.

Dr. Kamren Ajami, 3920 N.W. 43 Street, felt the Nasts were revoking their commitment to the conditions agreed upon. He also stated that attendance on the events must be controlled and he had a bigger issue with the every-other-weekend event.

Jeff Hotley, 4000 Vinkemulder Road, agreed with Dr. Ajami.

Robert Nast (Mr. Nast's son), 3165 N.E.48 Court, Lighthouse Point, stated for the record that he would like to carry on God’s Little Acres following the senior Nasts.

Mayor Sarbone closed the public hearing and asked the Commissioners for their comments.

Commissioner Waldman felt the proposed 10-foot buffer along the western side of the property should be included and asked for upgrades to existing landscaping. Concerning the every-other-weekend events, he felt there should be a limitation on the head count. There was agreement to have a 75-person cap on a minor event (Condition 4).

Mayor Sarbone felt there should be more detail on the landscaping and asked how there could be assurance that the landscaping would be consistent with the other properties in the area.In accordance with City code, Ms. Rose suggested having a landscape plan submitted in conjunction with the building plans that would provide for additional buffering along the perimeter of the property with emphasis on the western side.

Commissioner Waldman felt that the Nasts should handle the signage regarding a horse crossing; however, Mr. Stuart suggested that, because of FDOT rules, the City should install the signs. Commissioner Waldman suggested that a sign posted on N. W. 39th Avenue and Wiles Road stating “Dead End” would help traffic issues.

Mr. Stuart reviewed the changes in the Ordinance for verification by the Nasts and Mr. Putman.

1. Condition 2:Exclude (3); there will not be a condition for the Nasts to reside on the property.

2. Condition 3: Change the 100 person head count to a car count of 75; change to allow Thanksgiving function to take place on the actual day; change hours from 9 a.m. to 11 a.m.

3. Condition 4:Change from head count of 30 persons to 30 cars or not more than 75 people; clarify that this provision does not include family functions not related to the corporate functions.

4. Condition 8:A helicopter may be brought for medical emergencies.

5. Condition 9:The reference to Robert Nast and Joan Nast will be changed to so that if someone else owns the property, guests may stay at their house.

6. Condition 14: Change placement and removal of temporary signs to two hours before and after the event.

7. Add a clause to Section 2 that requires a 10- foot landscape buffer along the perimeter of the property with a landscape plan submitted by the applicants and approved by the City.

MOTION: Gerber/Tooley -To approve the amendments as stated.

Upon roll call, the motion was passed on a 5-0 vote.

For the record, Mr. Charles Putman and Robert and Joan Nast stated their agreement to the changes made to the ordinance.

Upon roll call, the motion, as amended, was passed on a 5-0 vote.

City Manager John Kelly stated he wanted the Nasts to anticipate there would be a requirement for the police detail work and to anticipate the costs.

24. ADJOURNMENT

The meeting was adjourned at 9:55 p.m.

Barbara S. Price, CMC

City Clerk