City of Coconut Creek City Commission Minutes Meeting No. 2004-14
	Date:   April 8, 2004 Time:  7:00 p.m.
	Kind:   Regular
	4800 West Copans Road, Coconut Creek, Florida, 33063

1.         The meeting was called to order by Mayor Sarbone at 7:00 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 Jim Waldman

                                    City Manager John Kelly

                                    City Attorney Paul Stuart

                                    City Clerk Barbara Price

4.         Approval of Minutes: Workshop Meeting No. 2004-11 - March 25, 2004

                                                Regular Meeting No. 2004-12 - March 25, 2004

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

                                    Upon roll call, the motion was passed on a 4-0 vote.

5.         PROCLAMATIONS

            Mayor Sarbone declared April 18th to April 24th as “Crime Victim’s Rights Week.”  Additionally, he declared April 12th to April 18th as “Community Development Week” and the month of May, 2004, as “Civility Month.”

6.         MOTION TO ADOPT a resolution appointing Sam Goldsmith as City Commissioner from District B to serve until the March 8, 2005, election. (RESOLUTION NO. 2004-34)

            MOTION:      Gerber/Waldman - To adopt Resolution No. 2004-34.

            For the benefit of the public, Mayor Sarbone announced that a Workshop had been held on March 25th with the applicants for the vacant Commission seat speaking before the Commission. He added that all of applicants have been encouraged to become involved with and learn more about the City.  At the Workshop, the Commission concurred to appoint Mr. Goldsmith for the remainder of the term. 

                                    Upon roll call, the motion was passed on a 4-0 vote.

7.         INVESTITURE OF COMMISSIONER GOLDSMITH

            City Clerk Barbara Price administered the oath of office to Commissioner Goldsmith. Commissioner Goldsmith stated that it was a privilege and pleasure to serve the City again.  He felt it would be an exciting year filled with challenges and accomplishments.

Mayor Sarbone announced that Agenda Item No. 14 would be moved forward and that the Applicant has requested it be tabled to a time certain.

14.       MOTION TO ADOPT an ordinance approving the Special Land Use Application submitted by Bob and Joan Nast for the operation and expansion of God’s Little Acres, pursuant to Section 13-35 of the Land Development Code. (ORDINANCE NO. 2004-008 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services) (Tabled from March 25th Meeting)

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

            MOTION:      Waldman/Tooley - To table Ordinance No. 2004-008 to the April 22nd Commission Meeting.

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

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

            None.

9.         CITY MANAGER REPORT

            Mr. Kelly read a letter received from Alan Ginsburg, President of North American Sports Management (NORAM), and former business partner with the Seminole Tribe in the development of the Casino.  As a token of his esteem for the City, Mr. Ginsburg offered a check in the amount of $10,000 to be used for the development of the new Community Center. 

10.       CITY ATTORNEY REPORT

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

            Mr. Stuart reported that Assistant City Attorney Nancy Cousins had attended the Broward Legislative Delegation's public hearing on voluntary annexations this day; the annexations had been approved and would be effective on September 15, 2004.

            Also, Mr. Stuart reported that the purchase of the property on Hillsboro Boulevard for the water tank site had been completed with the closing having taken place on April 1st.

11.       COMMISSION COMMUNICATIONS

Commissioner Waldman welcomed Commissioner Goldsmith back to the dais and felt the new Commissioner would be a tremendous asset to the Commission during the year.  

Commissioner Waldman reported on his attendance at Broward Days in Tallahassee recently.  He noted that he was able to speak with Broward County Administrator Roger Desjarlais regarding the City's Education Corridor and that he had spent time with members of the members of the Seminole Tribe, who had expressed interest in working on the City’s downtown project.  The Tribe would like to see a museum included in the project. 

As to the recently announced Resource Recovery Board monies that will be distributed to the cities, Commissioner Waldman advised that he is continuing to work toward the City receiving its unrestricted share.

Commissioner Goldsmith again expressed his appreciation to the Commission for his appointment.

Commissioner Tooley announced that she had attended the Spring Fest celebration, which was very well attended. She noted that she had received many compliments for the Parks and Recreation staff, as well as the Teen Club.

Vice Mayor Gerber welcomed Commissioner Goldsmith to the Commission once again.

Vice Mayor Gerber voiced her concern regarding the new touch screen voting equipment that will be used in the forthcoming November Presidential election.  She was concerned that senior residents in particular, who are not as used to computers, would be reluctant to vote using the new equipment.  The Vice Mayor requested that a letter be sent to the Supervisor of Elections asking that they provide demonstrations for the residents in the use of the equipment. Additionally, she asked that the sites selected for the demonstrations be publicized so that residents would be aware of when and where to preview the equipment.

Mayor Sarbone announced that on Tuesday, April 20th, the Supervisor of Elections would have their mobile unit on site at the Government Center from 10:00 a.m. to 3:00 p.m., to do pollworker recruitment and voter registration.  He suggested that perhaps some demonstrations could be done that day.

REGULAR AGENDA

ORDINANCE - SECOND READINGS/PUBLIC HEARING/QUASI-JUDICIAL

12.       MOTION TO ADOPT an ordinance approving the rezoning request for the property known as Tract 88, Block 86, of the Palm Beach Farms Company Plat No. 3 from A-1 (Agricultural) to RC-5 (Residential Cluster 5 DU/AC). (ORDINANCE NO. 2004-009 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services )

            Ordinance No. 2004-009 was read by title by Mr. Stuart.

            MOTION:      Gerber/Waldman - To adopt Ordinance  No. 2004-009.

            Mayor Sarbone opened the public hearing.

            Director of Development Services Sheila Rose noted that Brad Currie from Land Design South was present on behalf of the Applicant and that Mr. Currie had some updated information regarding the school generation rates, which had been discussed at the first reading. Mr. Currie, representing CJM Communities, with this rezoning request, indicated that CJM had begun communication with the School Board regarding school generation figures. 

            Mayor Sarbone closed the public hearing.

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

13.       MOTION TO ADOPT an ordinance approving the final plat of “Cypress Estates” located north of Hilton Road between Lyons Road and the Hilton Road Greenway. (ORDINANCE NO. 2004-010 - FIRST READING) (QUASI-JUDICIAL) (Development Services)

            Ordinance No. 2004-010 was read by title by Mr. Stuart.

            MOTION:      Goldsmith/Waldman - To adopt Ordinance No. 2004-010.

            Ms. Rose noted that this was the plat approval for the property and the rezoning had been approved with the previous item.  She described this as a perimeter plat that sets out the utility easements.  She added that the City staff had been working on the park dedication contribution for this property, which would either be five percent of the land set aside or an equal monetary contribution.  Ms. Rose said that the City staff had requested a donation of $2,500 per unit due to the rising costs of land in the City. 

            Commissioner Waldman noted that the property was surrounded on the north and east by a 25-foot green space and utility easement and asked if it would be maintained by the homeowners.  Ms. Rose stated that, as part of the forthcoming site plan approval, a complete landscape plan would be submitted including buffering for all the perimeters.

            Mayor Sarbone asked if the Applicant had agreed to the request of $2,500 per lot and Ms. Rose confirmed they had not objected to that amount.

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

15.       MOTION TO ADOPT an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City and Broward County for the Acquisition, Improvement, Enhancement, Operation, and Management of Green Space Site 446, “Winston Park Preserve Addition.” (ORDINANCE NO. 2004-011 - FIRST READING) (Development Services)

            Ordinance No. 2004-011 was read by title by Mr. Stuart.

            MOTION:      Gerber/Tooley - To adopt Ordinance No. 2004-011.

            Ms. Rose noted that Agenda Item Nos. 15, 16 and 17 were companion items and she explained the three items. Agenda Item No. 15 is the Interlocal Agreement that provides for acceptance of the property; Agenda Item No. 16 conveys the conservation easement back to the County; and Agenda Item No. 17 is the intent to include the long-term maintenance of the preserve area in the City’s five-year CIP. 

            Vice Mayor Gerber asked regarding the cost of removing all exotic and invasive vegetation and preventing future growth. Director of Public Works Scott Sundermeier stated that the cost had not been developed but noted the parcel is relatively small. Additionally, he noted that, if this were not taken care of, it would affect the rest of the Winston Park Nature Center Preserve. He felt the cost should be minimal in relation to the overall cost of the City’s maintenance program.

            Commissioner Tooley asked if the County would provide any funds to help with the clean up of these projects.  Ms. Rose noted that the County provides a percentage of the acquisition for long-term maintenance of various parcels.  Commissioner Goldsmith inquired whether the funds had to be applied for or it was an automatic provision.  Ms. Rose noted she would check into this issue and provide the Commission with the information on the second reading of this item.

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

16.       MOTION TO ADOPT an ordinance conveying a Deed of Conservation Easement to Broward County for property known as a replat of a portion of Tract 65, Block 86, of “The Palm Beach Farms Co. Plat No. 3.” (ORDINANCE NO. 2004-012 - FIRST READING) (Development Services)

            Ordinance No. 2004-012 was read by title by Mr. Stuart.

            MOTION:      Gerber/Tooley - To adopt Ordinance No. 2004-012.

            Mayor Sarbone asked why the easement had to be conveyed back to the County.  Ms. Rose explained this would guaranty that the property is kept as a preserve in perpetuity, which was confirmed by Mr. Stuart.

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

RESOLUTIONS/MOTIONS

17.       MOTION TO ADOPT a resolution providing the obligations set forth within the Conceptual Park/Resource Management Plan for the property known as Green Space 446, “Winston Park Preserve Addition,” that will be included within the City’s Five-Year Capital Improvement Program. (RESOLUTION NO. 2004-35) (Development Services)

            MOTION:      Goldsmith/Waldman - To adopt Resolution No. 2004-35.

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

18.       MOTION TO ADOPT a resolution declaring certain City-owned property as surplus and authorizing the City Manager to dispose of the listed property. (RESOLUTION NO. 2004-36) (Finance and Administrative Services)

            MOTION:      Gerber/Tooley - To adopt Resolution No. 2004-36.

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

19.       MOTION TO AUTHORIZE the City Attorney to file foreclosure proceedings against Coral Lake MHC LTD Partnership relating to property located at 4701 Lyons Road. (City Attorney) (Tabled from March 25th Meeting)

            MOTION:      Waldman/Tooley -To file foreclosure proceedings against Coral Lake MHC LTD.

            Mr. Stuart explained that there were substantial fines on this property due to code violations and the property was in the process of being sold.  In order to protect the taxpayer's position regarding the fine, filing for foreclosure was necessary.

            Mayor Sarbone requested confirmation that the fines were continuing to accrue at approximately $900 per day, which Mr. Stuart confirmed.

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

20.       ADJOURNMENT

            The meeting was adjourned at 7:38 p.m.

Barbara S. Price, CMC

City Clerk