Meeting No. 2004-40
Time: 7:00 p.m.
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City of Coconut Creek City Commission Minutes Meeting No. 2004-40 |
| Date: November 18, 2004 Time: 7:00 p.m. |
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| Kind: Special | |
| 4800 West Copans Road, Coconut Creek, Florida, 33063 |
Tape 1
1. The meeting was called to order by Mayor Sarbone at 7:00 p.m.
2. The Mayor 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: Workshop Meeting No. 2004-35 - September 30, 2004
Workshop Meeting No. 2004-36 – October 14, 2004 Regular Meeting No. 2004-37 – October 14, 2004
Regular Meeting No. 2004-38 –October 28, 2004
The Minutes of Workshop Meeting No. 2004-36 were withdrawn.
MOTION: Goldsmith/Tooley - To approve the Minutes as listed.
Upon roll call, the motion was passed on a 5-0 vote.
5. PROCLAMATIONS
The Mayor recognized Pam Griffin, Department Chair for Fitness and Wellness at Monarch High School, who was selected as the Broward County High School Physical Education Teacher of the Year, and Ann Ayers, Department Chair for Fine Arts at Monarch High School, who was selected as the Florida Art Educator of the Year. Ms. Griffin and Ms. Ayers received certificates from the Mayor, Vice Mayor, and Commissioners.
6. CITY MANAGER REPORT
Mr. Kelly related his recent experience as Principal of the Day at Monarch High School, which he described as a great experience.
7. CITY ATTORNEY REPORT
None.
REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)
9. COMMISSION COMMUNICATIONS
Commissioner Waldman stated that the odor from the landfill was back, particularly in the area around Vista BMW, and he was surprised that there had been no complaints. Deputy City Manager Dave Rivera stated he would place a call regarding this.
The Commissioner attended this morning’s MPO meeting and stated that there are several projects that will be impacting the City. Referring to the MPO’s long-range 2030 Plan, he wanted to be sure that the City was in agreement with the Plan’s contents by the December 8th MPO meeting. Ms. Rose, who had received the same package, will work on this. Commissioner Goldsmith interjected and asked for confirmation that the >Copans Road widening project had been removed from the Plan. Ms. Rose confirmed that both the Copans Road and >Coconut Creek Parkway widening projects were removed from the 2030 Plan during the workshop session held in Pompano Beach.
Commissioner Goldsmith thanked City staff, the American Legion Post, and the Police Department for the Veterans’ Day ceremony at Veterans Park on November 11th. The Commissioner also complimented the newly-published Coconut Creek Life, which will be mailed to all residents.
Commissioner Tooley wished everyone a Happy Thanksgiving.
Vice Mayor Gerber reported on her attendance at the Florida League of Cities’ Environmental Quality Committee, at which the legislative program for the year was adopted. The Vice Mayor will circulate the information to the Commission.
Mayor Sarbone noted that Friday, November 12th, had been declared as “Sponge Bob Square Pants” day in the City and that he had welcomed Sponge Bob and presented him with a key to the City at Winston Park Elementary School.
The Mayor advised that he had an opportunity to meet with Seminole Tribe leaders at the Hollywood Hard Rock Hotel regarding the expansion of the Coconut Creek Casino. He noted that the expansion plans for the Casino, which borders the MainStreet project area, were aggressive but appeared to be first quality. This would be the first part of the MainStreet project that is completed if they adhere to their current timeline.
The Mayor announced that Agenda Item No. 22, regarding the MainStreet Design Standards, would be moved up to be heard immediately following the Consent Agenda. He advised that a workshop had been held immediately prior to this meeting at which the Standards were reviewed and discussed.
The Mayor announced that Agenda Item No. 26 would be moved up and, because of request to table Agenda Item No. 19 relating to Coral Lake Mobile Home Park, it will be moved up, as well.
10. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non- agenda items.
Leon Goldstein, 4403 N.W. 20TH Street, President of Pond Apple II in the Township, stated that last June a representative of the City attended a TCMA Directors’ Meeting to discuss the stormwater tax and had indicated that the tax would be implemented on January 1st. Mr. Goldstein stated that many residents did not know about the tax and he related that there were no funds to pay this in their current year’s budget. Acknowledging that the City was aware of budget issues, the Mayor responded that a payment plan had been put in place to help with that. Mr. Rivera clarified that the process did begin on October 1st a payment plan would be available for those organizations that have an alternate maintenance cycle beginning in January. The Mayor felt that this should not be a surprise, as there was advance information provided for the stormwater fee implementation.
Larry Lemelbaum, 3809 Carambola Circle South, representing the TCMA, related that he had received a letter from Karen Brooks denying funding for land clearing after a storm and that he had written a letter dated November 10th explaining the situation. Mr. Lemelbaum noted that the City had cleared the road and pushed the debris to the side of the road. Citing City regulations that would make the TCMA responsible for clearing the debris from the side of the road, Mr. Lemelbaum noted that this was a safety issue for Township residents and the TCMA removed and chipped over 400 yards of debris, which was later removed by the City. He referred to FEMA regulation No. 206-224 that if the debris removal is in the public interest the FEMA regional director may provide assistance from publicly and privately-owned property. He felt that the City could recoup the funds for the Township helping the City.
Vice Mayor Gerber, stated that the storm referred to by Mr. Lemelbaum was followed immediately by another storm and the debris would have been a very hazardous safety issue; therefore, she felt the TCMA should be reimbursed. Commissioner Goldsmith referred to a letter dated September 27th from Rep. Clay Shaw in which Rep. Shaw stated that private communities should be added to the list of those supported by FEMA. Commissioner Goldsmith was concerned that this was an emergency management situation and the protection of the people should not depend upon determination by a higher authority.
The Mayor asked Mr. Rivera to comment. Mr. Rivera noted the reimbursement from FEMA could be as much as two years away and he anticipated that it would be between $20 and $25 per cubic yard. Noting that the City and TCMA were fighting the same battle with FEMA, who has taken the position that private communities would not be reimbursed. The Vice Mayor pointed out that >Carambola Circle is a City street.
The Mayor asked Ms. Brooks to look into finding some monies to help reimburse TCMA.
Commissioner Waldman was concerned about the City’s exposure and asked how this would affect other communities, such as Wynmoor. Mr. Lemelbaum felt this was a unique situation inasmuch as the TCMA assisted the City in maintaining public safety.
Noting that the TCMA had provided a service to the City and that the City had taken a hit of approximately $1,000,000, Mr. Kelly stated that staff would try to identify an account to cover the cost and look at other claims that may be filed to determine the City’s exposure. After that, the Commission could make a determination as to the course of action to be taken.
Commissioner Goldsmith agreed with Vice Mayor Gerber that the TCMA should be reimbursed and referred to a September 11th article in the Sun-Sentinel in which a City representative had stated that Coconut Creek had estimated that the cost could be as much as $1,000,000 for debris removal. The Commissioner felt staff should find a way to cover the cost.
There was consensus to have staff find an account to provide funding and make a recommendation.
Mr. Lemelbaum gave his opinion that it was evident that All Service is not putting money back into the company and he cited issues such as pickup schedules not being maintained because of trucks breaking down. When All Services is contacted, excuses are given. Acknowledging that problems relating to All Service have been heard on a regular basis, Mr. Rivera stated that two weeks ago he had requested a meeting with All Service, including John Ferguson of Republic, and he anticipated this would occur following Mr. Ferguson’s return after the Thanksgiving holiday. The Mayor stated that staff would get back to Mr. Lemelbaum on this issue following the meeting.
Jerry Black, 4669 Carambola Circle North, President of Applewood III, asked the reason for a 300% increase within two years for permits for the backflow prevention devices, which he felt was an outrageous increase. Mr. Rivera stated that he would look into this and contact Mr. Black.
Mr. Kelly addressed Mr. Black and stated that he and Mr. Rivera meet with Larry Lemelbaum on a regular basis. Mr. Kelly suggested that the Township presidents might want to consider coordinating these issues with Mr. Lemelbaum, which would be helpful in addressing them expeditiously.
Emil Wolf, 4673 Carambola Circle, Treasurer of Applewood Village III, stated that he had been directed to Sheila (Rose) regarding reimbursement relating to the storms and, despite providing proper and timely documentation, he had received a letter from Karen Brooks denying the claim in the amount of $3,200. He felt his organization had been “glossed over.” Commissioner Goldsmith stated that all of the Township villages had expenditures, but they can not be claimed.
Jules Schoenfeld, 2877 Carambola Circle South, expressed his support of Mr. Lemelbaum regarding complaints relating to All Service. He stated that All Service trucks are damaging concrete curbs and roll-up doors where dumpsters are stored. He, too, felt that All Service’s service was deteriorating. Additionally, Mr. Shoenfeld referred to the stormwater tax and related that at a TCMA meeting last March, the Township was given the understanding that the tax would not be effective until January. However, Mayor Sarbone recalled that City Engineer Raj Verma had stated that the tax would be effective in October but payment could be deferred until January. Mr. Schoenfeld felt that all taxes should be implemented at the beginning of the year.
Mildred Nierenberg, 2644 Carambola Circle North, President of Applewood I, gave her recollection that City Engineer Raj Verma had indicated the tax would start in January. The Mayor reiterated that the tax was to begin in October but payment could be deferred until January.
Leonard Frank, 4230 N.W. 22nd Street, recalling the meeting last year, stated that the understanding was that it (the tax) would not be implemented until January 1st. He felt that this had not been made clear.
CONSENT AGENDA
Commissioner Waldman asked that Item No. 13 be pulled from the Consent Agenda.
10. MOTION TO AUTHORIZE the Development Services Department to approve the issuance of a fifty (50) day seasonal carnival permit for the Tradewinds Park Holiday Fantasy of Lights display and to waive the $50.00 permit fee. (Development Services)
11> MOTION TO APPROVE a substantial change in a Community Development Block Grant application between Broward County and the City changing the project from Cougar Trail to Junior Achievement for funds in the amount of $179,604. (Development Services)
12. MOTION TO ADOPT a resolution authorizing the City Manager to execute two Disaster Relief Funding Agreements between the City and the State Department of Community Affairs related to Hurricane Frances and Hurricane Jeanne. (RESOLUTION NO. 2004-105) (Finance & Administrative Services)
MOTION: Goldsmith/Gerber - To approve Consent Agenda Item Nos. 10, 11, and 12.
Upon roll call, the motion was passed on a 5-0 vote.
13. MOTION TO ADOPT a resolution approving an application from the Winston Park Foundation for matching Neighborhood enhancement Grant Program funds in the amount of $ 10,000 for removal of damaged trees due to electric wire pruning by Florida Power & Light, and replacement with a suitable tree species, including under story shrubs and groundcover. (RESOLUTION NO. 2004-106) (Development Services)
MOTION: Gerber/Tooley - To adopt Resolution No. 2004-106.
Commissioner Waldman asked why this was not the FPL's responsibility. Ms. Rose stated that FPL’s opinion was that these trees were "the wrong tree in the wrong place.” She noted that staff has worked with the Foundation regarding replacement trees for those that were removed because they were considered to cause dangerous conditions. Mr. Rivera added that staff is working with FPL to devise a plan for removal and replacement of trees along all of the >Lyons Road corridor within the City. Commissioner Goldsmith asked how improper placement of trees would be prevented in the future and Ms. Rose advised that “right tree right place” provisions have been incorporated in the City’s landscape code, which she hoped would minimize future problems.
Upon roll call, the motion was passed on a 5-0 vote.
REGULAR AGENDA
MOTIONS/RESOLUTIONS
22. MOTION TO ADOPT an ordinance adopting the MainStreet Design Standards for the MainStreet Design District. (ORDINANCE NO. 2004-050 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2004-050 was read by title by Mr. Stuart.
All intending to provide testimony were sworn in by the Court Reporter.
The Mayor asked how the suggested changes made at the Workshop should be incorporated. Ms. Rose suggested that staff would continue to work on the changes and present details prior to second reading. Mr. Stuart stated that the changes were not substantive and would not affect the ordinance title or advertising that had been done.
The Mayor opened the public hearing.
Attorney Dennis Mele, representing property owner Pete Green, referred to the second Whereas clause on the second page pertaining to those properties that received waivers from the Moratorium, and he requested clarification of that clause pertaining to Mr. Green’s properties. Using a graphic, he showed the location of Mr. Green’s properties. Ms. Rose provided assurance that staff would continue to work on that issue and stated that the properties would be addressed individually. She felt that a solution would be reached by second reading. Mr. Stuart, too, felt that a resolution could be accomplished.
Jonathan Chariff of Vista Motors wanted to ensure that the rights for the Vista property near the MainStreet project area were preserved and he referred to plans to build another BMW dealership on that property. Noting his support of the MainStreet project and following meetings with staff and the investment of over hundred of thousands of dollars, Mr. Chariff felt the proposed Standards took away their vested rights. He advised that there were time constraints regarding the development of the Vista properties following the end of the Moratorium in December. Ms. Rose expressed surprise at Mr. Chariff’s comments and noted that there was a difference in opinion as to vesting and she reiterated the properties would be addressed individually as to vested rights. She related that Attorney Barbara Hall had raised the same concern for her client. She pointed that there was a substantial change in the MainStreet Design Standards document as the result of Commission comments that the implementation of the standards should be more forceful, which were expressed in the September 30th workshop. Mr. Chariff stated that the change affected only two properties and he was concerned as to how the timelines would be maintained and as to maintaining the footage that is needed to operate a car dealership.
Attorney Barbara Hall asked for a “blacklined” copy showing the changes made since the September 30th workshop. She stated that the design and architecture of the original site plan was taken away by the Guidelines.
Attorney Thomas Mullen of Lewis, Longman, and Walker, representing the Seminole Tribe, gave his concerns with the Guidelines. He stated that on September 30th, it was represented that there would be greater allowances for the Tribe, but there was no further elaboration of the allowances is in the Guidelines. Other concerns included limits being placed on building heights and some uses planned by the Tribe that are not contained in the Master Business List, as well as open space requirements, setback criteria, and cross sections for streetscapes relating to the casino expansion. Ms. Rose clarified that she did not say the Guidelines (Standards) would not affect the Seminole Tribe but rather that, if the Tribe’s concerns were received, they could be addressed in the second version of the document. Mr. Kelly added clarification that the casino as a gambling entity is restricted to the trust land but the expansion of the property would be within the City limits.
The Mayor closed the public hearing.
Upon roll call, the motion was passed on a 5-0 vote.
26.> MOTION TO ADOPT an ordinance rescinding Resolution No. 2003-128 and vacating and releasing the easement for the Self Storage Depot located on the west side of the “Mangone & Sons II Plat.” (ORDINANCE NO. 20404-046 – SECOND READING) (PUBLIC HEARING) (Utilities and Engineering)
Ordinance No. 2004-046 was read by title by Mr. Stuart.
MOTION: Gerber/Tooley – To adopt Ordinance No. 2004-046.
The Mayor opened the public hearing. There were no questions or comments, and the hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
19. MOTION TO ADOPT a resolution relating to the reduction of Code Enforcement fines for Coral Lake Mobile Home Park for structural, electrical, and miscellaneous code violations, said property located at 4701 Lyons Road. (RESOLUTION NO. 2004-111)
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MOTION: Waldman/Tooley - To adopt Resolution No. 2004-111.
Attorney Michael Moskowitz, representing Coral Lake Mobile Home Park, stated that he had submitted a request that the item be tabled to the December 9th Commission meeting. He noted that he had met with Mr. Stuart and Mr. Rivera as to how there might be resolution that would be satisfactory to the City and the Park’s residents and that a written plan of action would be submitted to the City. He stated that this would be the last request for tabling.
The Vice Mayor asked if there were plans to meet with the residents. Mr. Moskowitz stated that there would be work on a variety of issues, including meetings with the residents. The Vice Mayor brought up the issue of the sale of pads by the Park management and asked if that would be discontinued. Mr. Moskowitz stated he could not answer that question directly. He would look into what is being done regarding the leasing of pads and make a recommendation to have a moratorium on the leasing or sale of pads. He also pledged to inform Mr. Stuart and Mr. Rivera on that issue.
MOTION: Waldman/Goldsmith – To table Resolution No. 2004-111 to the December 9th meeting.
Upon roll call, the motion was tabled on a 4-1 vote with Mayor Sarbone voting nay.
14. MOTION TO ADOPT a resolution ratifying the Collective Bargaining Agreement between the City and the Broward County Police Benevolent Association, Police Officers’ and Corporals’ Unit and authorizing the City Manager to execute said agreement to commence October 1, 2004, and to terminate September 30, 2007. (RESOLUTION NO. 2004-107) (Human Resources)
MOTION: Tooley/Gerber – To adopt Resolution No. 2004-107.
Upon roll call, the motion was passed on a 5-0 vote.
15. MOTION TO ADOPT a resolution ratifying the Collective Bargaining Agreement between the City and the Broward County Police Benevolent Association, Police Sergeants’ Unit and authorizing the City Manager to execute said agreement to commence October 1, 2004, and to terminate September 30, 2007. (RESOLUTION NO. 2004-108) (Human Resources)
MOTION: Gerber/Waldman – To adopt Resolution No. 2004-108.
Upon roll call, the motion was passed on a 5-0 vote.
16. MOTION TO ADOPT an ordinance amending Section 2-57 of the Code of Ordinances by increasing the fees for use of Police Officers at unofficial functions. (ORDINANCE NO. 2004-047 - FIRST READING) (City Manager)
Ordinance No. 2004-047 was read by title by Mr. Stuart.
MOTION: Tooley/Goldsmith - To adopt Ordinance No 2004-047.
Upon roll call, the motion was passed on a 5-0 vote.
17.> MOTION TO ADOPT a resolution rescinding Resolution No. 2003-95, which approved the Service Agreement between the City and MCI WORLDCOM Communications, Inc. (RESOLUTION NO. 2004-109) (City Manager)
MOTION: Waldman/Gerber- To adopt Resolution No. 2004-109.
Upon roll call, the motion was passed on a 5-0 vote.
18. MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement with BSFS Equipment Leasing, a component of General Electric Corporation, to provide the lease of Nortel Equipment for the City-wide telephone system. (RESOLUTON NO. 2004-110) (City Manager)
MOTION: Waldman/Gerber- To adopt Resolution No. 2004-110.
Upon roll call, the motion was passed on a 5-0 vote.
ORDINANCES/FIRST READING
20. MOTION TO ADOPT an ordinance authorizing the Mayor to execute a lease agreement with Omnipoint Holdings, Inc., d/b/a T-Mobile, to lease space on an existing City tower and adjacent ground space for related equipment. (ORDINANCE NO. 2004-048 – FIRST READING) (City Manager)
Ordinance No. 2004-048 was read by title by Mr. Stuart.
MOTION: Waldman/Gerber – To adopt Ordinance No. 2004-048.
Commissioner Goldsmith noted that the 4% increase annually was not related to the CPI as was stated in the report.
Upon roll call, the motion passed on a 5-0 vote.
22. MOTION TO ADOPT an ordinance authorizing the Mayor to execute a lease agreement with Nextel South Corp., to lease space on an existing City tower and adjacent ground space for related equipment. (ORDINANCE NO. 2004-049 – FIRST READING) (City Manager)
Ordinance No. 2004-040 was read by title by Mr. Stuart.
MOTION: Waldman/Gerber – To adopt Ordinance No. 2004-049.
Mr. Rivera noted that there was a substitute page for an exhibit and other errors were being corrected. Also, staff was awaiting receipt of the signed agreement. He asked that the item proceed and indicated that it would be in order by the second reading. Commissioner Goldsmith noted that the 4% did not relate to the CPI.
Upon roll call, the motion passed on a 5-0 vote.
ORDINANCES/PUBLIC HEARINGS/QUASI-JUDICIAL
23. MOTION TO ADOPT an ordinance approving the rezoning request for the property known as Parcel “A” of the Hillsboro Plat from PCD (Planned Commerce District) to PUD (Planned Unit Development) (ORDINANCE NO. 2004-051 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2004-051 was read by title by Mr. Stuart.
MOTION: Waldman/Tooley - To adopt Ordinance No. 2004-001.
All intending to provide testimony were sworn in by the court reporter.
Ms. Rose provided commentary on the application for rezoning of the property, which is located on the south side of Hillsboro Boulevard near Northwest 39th Avenue, and would provide for a 112-unit townhouse development. She noted that there were unique amenities to the site plan, which would be incorporated with the PUD, and any major changes to the site plan would require amendment of the PCD.
Mayor Sarbone opened the public hearing.
Attorney Dennis Mele, representing the applicant, stated that a detailed presentation had been made during approval of the last application relating to the project.
Upon roll call, the motion was passed on a 5-0 vote.
24. MOTION TO ADOPT an ordinance approving the rezoning request for the property known as Tract 40k, Block 83, of the Palm Beach Farms Co. Plat No. 3 from A-1 (Agricultural) to RS-1 (Single Family 1 DU/AC). (ORDINANCE NO. 2004-052 – FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2004-052 was read by title by Mr. Stuart.
MOTION: Gerber/Tooley - To adopt Ordinance No. 2004-052.
The Mayor opened the public hearing. All intending to provide testimony were sworn in by the Court Reporter.
Ms. Rose noted that this item and the subsequent item were companion items for the property located on N.W. 39th Avenue and Northwest 74th Street. The property, owned by Daniel and Claire Marino, was recently annexed into the City. The rezoning is consistent with the land use and the density is lower than it would be if developed to full capacity.
Attorney Dennis Mele showed a graphic showing the plat and pointed out that there would be four lots with a preserve area in back. Maintenance of the preserve area will be by the homeowners association that will be formed. Ms. Rose added that the RS-1 zoning has a rear-yard setback requirement that may pose a problem to the ultimate development of the lots because of the conservation area and a variance could be presented in the future. Commissioner Waldman asked if the conservation area would be fenced and Mr. Mele indicated there would be a wall.
Upon roll call, the motion was passed on a 5-0 vote.
25. MOTION TO ADOPT an ordinance approving the Plat of “Estates of Coconut Creek” located on the northwest corner of Northwest 74th Street and Northwest 39th Avenue, and containing 9,2224 acres, more or less. (ORDINANCE NO. 2004-053 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2004-053 was read by title by Mr. Stuart.
MOTION: Waldman/Gerber- To adopt Ordinance No. 2004-053.
Mayor Sarbone opened the public hearing. There were no questions or comments, and the hearing was closed.
Commissioner Goldsmith asked regarding park dedication requirements. Ms. Rose stated that the applicant has agreed to a cash dedication, which would satisfy the requirements.
Upon roll call, the motion was passed on a 5-0 vote.
ADDENDUM
A. MOTION TO ADOPT a resolution authorizing the Mayor to execute an Easement Agreement between the City and Sam Butters and Nathan Butters. (RESOLUTION NO. 2004-112)
MOTION: Tooley/Gerber- To adopt Resolution No. 2004-112.
Commissioner Goldsmith referred to the sixth Whereas clause and asked why we would want to relocate the easement. Mr. Rivera stated that in order to acquire the property, the easement would have to be relocated to show access to the property.
Upon roll call, the motion was passed on a 5-0 vote.
27. ADJOURNMENT
The meeting was adjourned at 8:24 p.m.
Barbara S. Price, CMC
City Clerk