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

            Debbie Pastura, 4060 Vinkemulder Road, addressed the Commission regarding violations at God’s Little Acres.  Ms. Pastura noted that on December 2nd there was a Chamber of Commerce meeting held at God’s Little Acres with well over 50 cars present.  She stated that Dr. Mark Phillips took photos and there was a Police report filed.  Ms. Pastura stated that there were four violations occurring on the one evening regarding parking, traffic and, time issues.  Ms. Pastura added that today Ms. Phillips had received a phone call from the Nasts informing them that the Nasts want to bring Santa Claus into the property by helicopter, which is supposed to be a restriction.  Ms. Pastura pointed out that this is taking place even before the new building is built and there are problems already.

            Vice Mayor Gerber requested that Item No. 13 and the Mayor asked that No. 14 be removed from the Consent Agenda.

CONSENT AGENDA

10.        MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement between the City and Broward County for the construction of a multi-purpose path along Copans Road.    (RESOLUTION NO. 2004-98)   (Tabled from October 28th Meeting) (Development Services)

11.        MOTION TO ADOPT a resolution authorizing the City Manager to execute a Traffic Concurrency Agreement among Broward County, the City, and Clarissa Goolsby, as Co-Trustees of the Walter A. Goolsby Trust, relating to the Cypress Estates Plat.  (RESOLUTION NO. 2004-113)  (Development Services)

12.        MOTION TO ADOPT a resolution adopting a Retirement Health Savings Program for Civil Service Employees.   (RESOLUTION NO. 2004-114)   (City Manager)

            MOTION:        Goldsmith/Tooley - To adopt 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 allowing the City of Coconut Creek Police Explorers to adopt the Winston Park Nature Center for a park maintenance program.  (RESOLUTION NO. 2004-115)  (Police)

            MOTION:        Gerber/Tooley - To adopt Resolution No. 2004-115.

            Mayor Sarbone requested that the Explorers and Officer Cabrera stand and be acknowledged.  Officer Cabrera explained the program and thanked the Commission and Chief Raggio for their support.

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

14.        MOTION TO ADOPT a resolution authorizing the City Manager, or his designee, to execute a License Agreement between the City and The School Board of Broward County for use of Sabal Pines Park Recreational Amenities by Winston Park Elementary School.  (RESOLUTION NO. 2004-116)  (Public Services)

            MOTION:        Gerber/Tooley - To adopt Resolution No. 2004-116.

            Commissioner Tooley wanted reassurance that the residents would be able to use the park even if the School is using it.  Deputy City Manager Dave Rivera stated that the park would be strictly monitored and the School will have access to the areas as directed by City staff.

            In response to Vice Mayor Gerber’s request that a cover letter from the Mayor be sent to inform the School Board that the City is happy to be a partner with them, there was agreement to the cover letter.

REGULAR AGENDA

MOTIONS/RESOLUTIONS

15.        MOTION TO AUTHORIZE a budget transfer in the amount of $661,840 from General Fund -Contingency to the Other General Government Department to fund the Emergency Response costs incurred related to Hurricane Frances and Hurricane Jeanne.   (Finance & Administrative Services)

            MOTION:        Tooley/Goldsmith - To authorize a budget transfer for Emergency Response costs.

            Commissioner Tooley inquired whether this money would be used for debris clean up in the Township.  Deputy City Manager Dave Rivera explained that this was the money remaining in the City’s Contingency Fund for the year and would be used for all of the clean up in the City.

            Commissioner Waldman pointed out that there is debris remaining along N.W. 74^th Street, which needs to be removed.  Deputy City Manager Dave Rivera stated it would be taken care of. 

            Commissioner Goldsmith asked how many years it would take for FEMA to reimburse the City’s Contingency Fund.  Mr. Rivera stated that two to four years was possible.  

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

16.        MOTION TO ADOPT a resolution authorizing the use of confiscated Forfeiture Funds in the amount of $124,986 at the request of the Chief of Police.  (RESOLUTION NO. 2004-117)  (Police)

            MOTION:        Tooley/Gerber - To adopt Resolution No. 2004-117.

            Commissioner Waldman stated his understanding that the SRO funding had depleted this fund; however, Mr. Kelly explained that it did not deplete the fund, but there would not be funds remaining after this expenditure

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

17.        MOTION TO APPROVE 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)    (Development Services)   (Tabled from November 18th Meeting)

            MOTION:        Tooley/Gerber - To adopt Resolution No. 2004-111.

            Attorney Michael Moskowitz addressed the Commission on behalf of the applicant.  He stated that originally there were a total of 1,550 violations, many of which the tenants’ responsibilities, such as DMV decals, missing screens, etc.  He noted that compliance was reached on July 30, 2004, and a Special Master hearing was held on September 15, 2004 to determine the exact amount and certifying the fines for collection and settlement.  The application for a settlement was submitted on September 21 and this has evolved into the proposal now being presented.   He noted that meetings have been held with the City regarding its concerns relating to the violations, the pending sale of the property, and the residents’ relocation.  He felt that the proposed settlement could be a win-win situation by helping the tenants as well as reducing the fine for the applicant.   He credited Mr. Rivera and Mr. Stuart for their professional negotiations.   

            Noting that the property is under contract for sale to Wood Partners, Mr. Moskowitz explained that the Urban Group has been hired to work on the relocation process.  The Urban Group, located in Broward County, has experience in relocating residents of mobile homes within Broward County.  The company will conduct needs assessment and submit a program to the City based on this assessment.  Mr. Moskowitz stated that the fine reduction money would be used to assist the residents in relocating.  He stated that the current fine is $474,950 and he suggested that of this, $275, 000 be paid to the housing relocation and an amount ($74,950) be paid to the City.  The balance, which would be $125,000, would be the fine reduction.  He asked that the Commission look favorably on this proposal and noted that representatives of the Urban Group were present to answer questions.  

            Although Commissioner Tooley was in favor of helping the residents, she was not in favor of helping the park owner. 

            Mayor Sarbone stated that this issue had gone on for quite awhile and he noted that the fine was in excess of $400,000 and the applicant had done everything possible to avoid paying the fine and had not invested “a dime” in the community.  He felt the applicant should pay the fine and then consider the rezoning.  He felt this was an attempt to extort from the City and felt the proposal was insulting.

            Commissioner Goldsmith pointed out that more than 50 percent of the fines were for DMV decal violations against the unit owners and asked if the park or the owner was fined.  Mr. Moskositz explained that the park owner is fined.   He noted that part of the proposal was to waive the fine against the residents as part of this reduction process. Discussion regarding the park owner’s responsibility to the tenants and the City continued.   Mr. Moskowitz stated that he did not disagree that the park owner should have done more to ensure compliance.   

            Vice Mayor Gerber felt the owner had been irresponsible in his attitude and this has been a blighted area; however, the residents being put out of their homes need help and something should be done to help them.   The Vice Mayor stated she had asked Mr. Moskowitz to propose a better solution.  Mr. Moskowitz suggested that $300,000 be put in a residents’ relocation program with the fine at $100,000.  He stated that was all he had authority to offer.

            Commissioner Goldsmith wanted the amount of the residents’ fund to be much higher.  Mr. Moskowitz noted the numbers could be juggled and reiterated that the proposal was meant to be a win-win situation for everyone.  He reiterated that the $100,000 fine reduction represented the least amount to which he could agree.

            Although Commissioner Waldman was mindful of the residents who may be relocated, he was also mindful of the adjacent residents’ property that has been devalued due to the condition of the mobile home park.  Noting that the State provides a fund for this purpose, the Commissioner was not in favor of setting up a special fund and felt the money should be distributed throughout the City and put in the General Fund.  After consideration, Commissioner Goldsmith stated his agreement with this premise.

            There was continued discussion regarding the fine, setting up a fund, and the relocation of the residents.  Commissioner Waldman reiterated his opposition to setting up a fund but would entertain a fine reduction.   Mr. Stuart clarified that the fund issue had been staff driven and not initiated by the applicant and that the fine reduction and principles should be an issue apart from the fund.  Commissioner Tooley was not in favor of a fine reduction but was supportive of a fund.

            Commissioner Goldsmith provided information that there had been 450 police calls within the park in the last year (approximately 38 per month), which is costly to the City, and he was not in favor of a fine reduction. 

            The Mayor suggested that, as a good corporate citizen, the applicant might want to consider setting up a fund separate from the fine reduction issue.   Discussion ensued.  The Mayor asked if the landowner was present to propose new numbers regarding the fine reduction.  Mr. Moskowitz stated that the landowner was in Michigan but offered to contact him via telephone if necessary. After continued discussion, Mr. Kelly suggested postponing the item to the end of the meeting.

            MOTION:        Waldman/Gerber - To defer Item No. 17 to the end of the meeting.

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

18.        MOTION TO ADOPT             a resolution authorizing the City Manager to execute the Third Amendment to the Interlocal Agreement between the City and The School Board of Broward County relating to improvements relating to the construction of a portion of Cullum Road, Banks Road, and a waterline extension.  (RESOLUTION NO. 2004-118)  (City Attorney)

            MOTION:        Gerber/Tooley - To adopt Resolution No. 2004-118.

            Vice Mayor Gerber asked why the School Board wanted to amend the agreement.  Director of Development Services Sheila Rose explained that the School Board was responsible to either construct the road or pay the City to do so and Mr. Stuart added that the School Board has not upheld their part in this agreement and asked for the Commission’s direction as to what should be done. Commissioner Goldsmith stated he was not in favor of the project being done by the School Board and felt the City should request the money.  Commissioner Tooley agreed.  Mr. Stuart cautioned that, if the City accepted the money now, it might not be sufficient to cover all the costs of the road construction when the City builds the road.

            Commissioner Waldman suggested a counter offer to either receive the money now or that the School Board agree that when the road is constructed there is no limitation on the costs.  He preferred that, when the road is ready to be built, the School Board pay for it.

            Mr. Rivera recalled that this situation had occurred because the School Board would not post a bond regarding this issue and Ms. Rose added the possibility that the road may be built in conjunction with other development plans; the money could be contributed toward several improvements and not just limited to the roadway.

            Mr. Stuart advised that, in order to request the money, the item should be voted down and a substitute motion made.

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

            MOTION:        Tooley/Gerber - To request the money from the School Board for the road construction.

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

19.        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- SECOND READING) (PUBLIC HEARING)  (City Manager)

            Ordinance No. 2004-047 was read by title by Mr. Stuart.

            MOTION:        Tooley/Goldsmith - To adopt Ordinance No. 2004-047.

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

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

20.        MOTION TO ADOPT a resolution setting the date of the March 2005 Election and naming the polling places.  (RESOLUTION NO. 2004-119)  (City Commission)

            MOTION:        Gerber/Goldsmith - To adopt Resolution No. 2004-119.

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

21.        MOTION TO ADOPT a resolution authorizing the City Manager to execute an Agreement between the City and Dr. Brenda C. Snipes, Supervisor of Elections of Broward County, for the hiring, training, and assisting of pollworkers for the City's Municipal Election to be held on March 8, 2005.  (RESOLUTION NO. 2004-120)  (City Commission)

            MOTION:        Gerber/Goldsmith - To adopt Resolution No. 2004-120.

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

22.        MOTION TO ADOPT a resolution authorizing McLaughlin Engineering to act as the City's agent in processing a plat request on City-owned property.   (RESOLUTION NO. 2004-121)     (City Attorney)

            MOTION:        Waldman/Tooley - To adopt Resolution No. 2004-121.

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

ORDINANCES/ SECOND READING/PUBLIC HEARINGS/QUASI-JUDICIAL

23.        MOTION TO ADOPT an ordinance authorizing the Mayor to execute a lease agreement with Onmipoint 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 - SECOND READING)    (PUBLIC HEARING )  (City Manager)

            Ordinance No. 2004-048 was read by title by Mr. Stuart.

            MOTION:        Gerber/Tooley - To adopt Ordinance No. 2004-048.

            Mayor Sarbone opened the public hearing.

            Ryan Cochran, representing T-Mobile, addressed the Commission and stated his company was  looking forward to starting this project.

            Mayor Sarbone closed the public hearing.          

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

24.        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   - SECOND READING)   (PUBLIC HEARING)    (City Manager)

            Ordinance No. 2004-049 was read by title by Mr. Stuart.

            MOTION:        Gerber/Tooley - To adopt Ordinance No. 2004-049.

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

            Mr. Rivera explained that the City Attorney’s office was continuing to work on the location legals with Nextel’s attorney. No building permits would be issued until the final legals are approved.

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

25.        MOTION TO ADOPT an ordinance approving an amendment to the Future Land Use Element of the City of Coconut Creek Comprehensive Plan by changing the land use designation for the property known as "Porten Hillsboro" from Office Park (OP) to Residential 10 Dwelling Units Per Acre.   (ORDINANCE NO. 2004-006 - SECOND READING) (ADOPTION PUBLIC HEARING) (QUASI-JUDICIAL)    (Development Services)

            Ordinance No. 2004-006 was read by title by Mr. Stuart.

            MOTION:        Tooley/Gerber - To adopt Ordinance No. 2004-006.

            Mayor Sarbone opened the public hearing.

            All speakers on this matter were sworn in by the Court Reporter.

            Attorney Dennis Mele of Ruden McClosky addressed the Commission on behalf of the applicant.  Mr. Mele stated that, since first reading of the ordinance in February, this amendment had been approved unanimously by the Broward County Planning Council and the County Commission. Also, the Department of Community Affairs had no objections to the amendment.

            Commissioner Goldsmith noted that at the first reading the development was slated for 141units and now it was 152.  Mr. Mele responded that the number had been reduced to 133 units contingent upon site plan approval.  He also verified that the dedication of park land would be done at the time of platting or payment of fee in lieu thereof.  Ms. Rose added that a rezoning applicant consistent with the land use would be presented in short time.

            Mayor Sarbone closed the public hearing.

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

26.        MOTION TO ADOPT an ordinance adopting the MainStreet Design Standards for the MainStreet Design District.  (ORDINANCE NO. 2004-050 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL)    (Development Services)

            Ordinance No. 2004-050 was read by title by Mr. Stuart.

            MOTION:        Gerber/Waldman - To adopt Ordinance No. 2004-050.

            Mayor Sarbone opened the public hearing.

            All persons intending to speak were sworn in by the Court Reporter.

            Ms. Rose explained that staff had been working to complete the Design Standards by the time of the expiration of the Moratorium.  She noted that a two-page document had been distributed showing the Summary of Significant Changes that had occurred between the time of the version published on the CD and those in the black-lined version.  Ms. Rose stated that, following adoption, a final version would be published.   Additionally, changes proposed since the publication of the black-lined version have been identified. She reviewed the "Summary of Significant Changes" (Page 1 of 1), which included a change from use of "Guidelines" to "Standards" and changing "should" to "shall" throughout the document.  The changes on the second page entitled "Changes to Read into Record" were reviewed one by one.   Following review of the Summary of Significant Changes, a motion to approve the changes was made.

            MOTION:        Waldman/Gerber - To approve the changes as stated by Ms. Rose.

            Commissioner Waldman suggested, on page 83, to insert after "fans", "or other apparatus" to induce air movement.”  In response to the Vice Mayor, who had requested the insertion of verbiage relating to fans on other pages, Ms. Rose felt that this was the appropriate location to reference fans.

            MOTION:        Waldman/Tooley - To amend the amendment on page 83.

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

            Mayor Sarbone opened the public hearing.

            Attorney Dennis Mele, representing Pete Green, requested clarification on the second Whereas clause on the second page that referred to any property owner receiving a waiver under the Moratorium.  Although Mr. Mele thanked staff and the attorneys for working on the issues regarding the Green properties, he was present to object to the Ordinance because of unresolved issues. He stated that with the Ordinance a new zoning district was being adopted without amending the Land Use Plan, which would make this inconsistent with the City’s Comprehensive Plan.  The Ordinance would allow uses not allowed by the Land Use element of the City’s Comprehensive Plan and it would not allow uses currently in place by the Comprehensive Plan.  Mr. Mele felt this was “putting the cart before the horse” and that the Land Use Plan should be amended before the adoption of the new district. He felt that a Regional Activity Center or similar category would have to be adopted in order to amend the Land Use Plan.  Mr. Mele referred Hometown Democracy Initiative constitutional amendment being circulated, which is anticipated to be on the November 2006 ballot and which, if approved, would result in a referendum to the electorate of all land use plan amendments.  He reiterated his primary point--that this regulation was inconsistent with the Comprehensive Plan and, therefore, in violation of Chapter 163. It would split the three Green properties into two separate districts (MSR and MST), as well as cause a downzoning of the properties. It would not allow the properties to achieve the amounts of development allowed by the approved PCDs.  Noting that the Green Farm property is under contract and both Mr. Green and purchaser have filed e-mails with the City, he submitted a copy of the e-mail from Pete Green to Sheila Rose to the City Clerk   He also pointed out that the new regulations contain more restrictions than currently required by Cocomar and that language relating to the FPL transmission corridor is inconsistent with current Code of Ordinances.  He stated that the regulations would take away from the Green properties' vested rights.  

            Mr. Stuart felt this could be resolved with more time and he requested that the Commission authorize staff to continue these negotiations to reach a decision for presentation at the next Commission meeting. He noted that there had been resolution with other property owners. 

            Commissioner Waldman expressed concern with the legal issues presented by Mr. Mele regarding the Land Use Amendment and the Comprehensive Plan.  Ms. Rose noted that there was an Addendum on the agenda to provide technical assistance for the filing of a Land Use Plan application, including traffic and land use analysis.  She felt the Land Use Plan Amendment should be initiated as soon as possible; however, she was comfortable that the Standards were clear that it vested the existing uses and intensities provided for in the plat, and this has been communicated and clarified by letter.  The document attaches a specific design standard but does not preclude existing uses or development.  Mr. Stuart reiterated that he was requesting to be authorized to negotiate a resolution on this issue, and he felt the City had to move forward on this issue and be innovative on this project.  Commissioner Waldman felt that the Addendum was germane to this discussion and he pointed out that the Addendum did not hire legal counsel.  He strongly felt the City should have land use legal counsel on this matter but the project should move forward.  Mr. Stuart concurred that a legal specialist should be hired.  

            The Commissioners gave consensus for staff to continue negotiations with Mr. Mele to be presented at the next meeting on January 13th, 2005.

            Attorney Barbara Hall of Greenberg Traurig represented Vista BMW.  Ms. Hall noted that a vested rights determination for the site plan for Vista had been completed.  Mr. Stuart read the letter to Ms. Hall into the record.

Tape 2

             Mr. Stuart recalled that zoning in progress had been declared on October 30, 2002, under the Moratorium and this added 41 days to the April 6th date.  Therefore, the date was changed to May 18th, 2005. He recommended acceptance of this proposal by the Commission.

            MOTION:        Waldman/Tooley - To accept the agreement with Vista BMW.

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

            Ms. Hall had one other issue to address. She recognized that this was vesting a site plan that was not consistent with the Design Guidelines and acknowledged that the property owner was committed to working with the City under those Design Guidelines to see if the project could be reconfigured.  Therefore, Ms. Hall requested one additional change in the Design Guidelines.  On page 57, under the MS-C district, the City would allow a building of 10 stories or 120 feet only when the building was mixed residential and commercial, and she requested the same provision to apply to a building that would be mixed retail and office space to help encompass the Design Guidelines.  Ms. Rose stated that the staff had recommended and supported the amendment.

            MOTION:        Waldman/Gerber - To amend page 57 relating to Maximum Building Height as to the provision to include the mixed use.

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

            Robert Berrin addressed the Commission regarding the Berber Plat and he supported moving forward on this project, as the property is in limbo at present.  Mr. Berren wanted to put on the record that when the property was platted, his property had the burden relating to draining and any street was to be on the adjoining parcel to the east and now the road has been moved fifty percent onto his property. He asked if there should be a real definition of gross land area included.  Ms. Rose felt it was a good point and the issue would be resolved as the land use plan amendment process unfolded.  Mr. Stuart stated that Mr. Berren’s objection was placed into the record and his property rights would be preserved; the issue addressed during the land use plan amendment process         Mr. Berren then stated that he would need the City’s cooperation to deal with the County regarding an extension, which was from April 2005 to April 2006. Mr. Stuart stated that staff would continue to help Mr. Berrin at the County in this regard.  

            Attorney Dan Taylor of Tripp Scott addressed the Commission regarding the Gunther Volkswagen of America facility.  Mr. Taylor noted that there is an undeveloped piece of property attached to this facility and this is needed for additional parking.  He requested that in the future these situations be given some consideration and for temporary uses for parking    Ms. Rose indicated the issue has been discussed with Mr. Taylor and one concept would be to allow temporary uses such as vehicle storage while the land use plan amendment is in process.   This is an issue for future discussion. 

            Mayor Sarbone closed the public hearing. 

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

Mayor Sarbone called a five-minute recess at 9:26 p.m.

The meeting was reconvened at 9:35 p.m.

27.        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 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL)   (Development Services)

            Ordinance No. 2004-51 was read by title by Mr. Stuart.

            MOTION:        Tooley/Gerber - To adopt Ordinance No. 2004-051.

            Mayor Sarbone 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.

28.        MOTION TO ADOPT an ordinance approving the rezoning request for the property known as Tract 40, 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 - SECOND 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.

            Mayor Sarbone 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.

29.        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 9.224 acres, more or less.  (ORDINANCE NO. 2004-053  - SECOND READING) (QUASI-JUDICIAL)    (Development Services)

            Ordinance No. 2004-053 was read by title by Mr. Stuart.

            MOTION:        Tooley/Gerber - To adopt Ordinance No. 2004-053.

            Mayor Sarbone 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.

ORDINANCES/ FIRST READINGS/PUBLIC HEARING/QUASI-JUDICIAL

30.        MOTION TO ADOPT an amendment to the Future Land Use Element of the City of Coconut Creek Comprehensive Plan by changing the land use designation for the properties known as a portion of Tract 8, Tract 9, and Tract 10, Block 85, Palm Beach Farms Company Plat No. 3 from OP (Office Professional) to COM (Commercial).   (ORDINANCE NO. 2004-054 - FIRST READING) (TRANSMITTAL PUBLIC HEARING) (QUASI-JUDICIAL)

            Ordinance No. 2004-054 was read by title by Mr. Stuart.

            MOTION:        Waldman/Tooley - To adopt Ordinance No. 2004-054.

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

            Commissioner Waldman requested a report on action taken at the Planning and Zoning meeting regarding this issue.  Mr. Stuart explained that there was a vote of 4-1 to recommend approval with Lisa Aronson voting against this project and he related some of the issues that were discussed by the Board.  Ms. Rose noted that this was a small-scale amendment and would go through the approval process quickly.  Staff supported the proposed land use change, which is consistent with adjacent uses with or without Wal-Mart.  Vice Mayor Gerber stated her opposition to Wal-Mart.

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

31.        MOTION TO ADOPT  an ordinance approving modifications to the Coco Park Plaza Planned Commerce District (PCD) by amending Ordinance NO. 2000-16.  (ORDINANCE NO. 2004-055  - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL)

            Ordinance No. 2004-055 was read by title by Mr. Stuart.

            MOTION:        Tooley/Waldman - To adopt Ordinance No. 2004-055.

            Mayor Sarbone opened the public hearing. 

            Charlie Putman, representing the applicant, was sworn in by the court reporter.  Ms. Rose noted that a minor modification had resulted in the distribution of a revised Ordinance. Mr. Putman stated that this was a request for minor modifications to the PCD standards and that the applicant worked with staff to extend the greenway through the Carl’s property (Item #5 in Ordinance).  In that regard, Mr. Putman noted that the easement dedication should read up to 12 feet, as there are areas that are smaller than 12 feet.   Ms. Rose stated staff's agreement with the amendment and complimented the applicant's work on this project.  Mr. Putman displayed graphics and spoke briefly describing the project.

            Mayor Sarbone closed the public hearing.

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

32.        MOTION TO ADOPT an ordinance approving modifications to the Hale Plat Planned Commerce District (PCD) by amending Ordinance No. 122-98.   (ORDINANCE NO. 2004-056   - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL)

            Ordinance No. 2004-056 was read by title by Mr. Stuart.

            Ms. Rose stated that the applicant had requested the item be tabled to the January 13th, 2005, Commission meeting. 

            MOTION:        Gerber/Goldsmith - To table Ordinance No. 2004-056 to the Commission meeting of January 13th, 2005.

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

ADDENDUM

A.        MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement between the City and Zyscovich, Inc., to exercise additional services associated with the preparation of the City of Coconut Creek Land Use Plan Amendment relating to the MainStreet Study Area.  (RESOLUTION NO. 2004-122)

            MOTION:        Tooley/Gerber - To adopt Resolution No. 2004-122.

            Commissioner Waldman reiterated his request to retain legal counsel for this project, particularly a land use expert.  There was discussion regarding costs of legal counsel and if Zyscovich or the City would do the recruitment.  It was agreed that the City would obtain legal counsel and this would be funded from the City Attorney Outside Legal Counsel budget. Mr. Stuart indicated he would present names to the Commission at the January 13th meeting.

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

AGENDA ITEM NO. 17 CONTINUED

            Mayor Sarbone agreed that setting up of a fund was inappropriate but expressed concern about the applicant's challenging of the claims by the residents for State monies to which they are entitled.  He suggested, in order to agree with the fine reduction, the deletion of all references to setting up the resident fund and asked Mr. Moskowitz respond prior to reduction of amount of the fine.  Mr. Moskowitz agreed to the elimination of the fund and stated that the other provisions would stand.    Mr. Stuart verified that Mr. Moskowitz had authority to make representations on behalf of the applicant and noted that the remaining issue was the reduction of the fine.

            Commissioner Waldman suggested that a reduction of $75,000 to a fine of $400,000. Commissioner Tooley, attempting to help the residents, suggested the fine be reduced to $375,000.  Mr. Moskowitz noted that the waiver against the residents was agreed to but clarified   that the residents must remain current on their rent and this cannot be waived.   Mr. Stuart stated that all references to the fund should be removed from the original proposal and the money going to the City.

            Vice Mayor Gerber wanted to help the residents but would agree if this would get a settlement.  Mayor Sarbone felt the City was helping the residents because as long as they pay their rent they would not be charged for the fines and violations and could receive the monies from the State.  Commissioner Waldman added that the only reason he was willing to compromise was for the purpose of releasing the mobile home owners from any past exposure in fines. 

            MOTION:        Waldman/Goldsmith - To reduce the fine to $400,000, eliminate any references to setting up a fund, and that all other terms remain the same in the agreement.

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

33.        ADJOURNMENT 

            The meeting was adjourned at 10:10 p.m.

Barbara S. Price, CMC

City Clerk