CITY OF COCONUT CREEK CITY COMMISSION MINUTES Government Center Date: December 8, 2011 4800 W. Copans Road Time: 7:00 P.M. Coconut Creek, Florida Regular Meeting No. 2011-40 1. The meeting was called to order by Mayor Lou Sarbone at 7:14 p.m. 2. Mayor Sarbone led the Pledge of Allegiance. 3. Present upon roll call: Mayor Lou Sarbone Vice Mayor Mikkie Belvedere Commissioner Marilyn Gerber Commissioner Becky Tooley Commissioner Lisa Aronson City Manager David Rivera Assistant City Attorney Nancy Cousins City Clerk Barbara Price 4. APPROVAL OF MINUTES: Regular Mtg. No. 2011-35 November 10, 2011 MOTION: Tooley/Belvedere To approve the Minutes of Regular Meeting 2011-35. 5. PROCLAMATIONS None. 6. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non-agenda items. None. 7. CITY MANAGER REPORT None. 8. CITY ATTORNEY REPORT REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8). See Page 2.
9. COMMISSION COMMUNICATIONS a. Committee Reports Commissioner Tooley reported that she had attended the Broward County Historical Society Pioneer Recognition event. Commissioner Aronson reported that there was lengthy discussion on the BLC Legislative package at the recent Broward League of Cities Board of Directors meeting. She also requested and received consensus for her attendance at the Broward Days and Legislative Action Days on January 24 th - 26 th, 2012. Commissioner Gerber reported on her attendance at today s Metropolitan Planning Organization (MPO) meeting at which there was a presentation by the South Florida Regional Transportation Association (SFRTA) regarding Tri Rail from Jupiter to Miami. There also was a presentation from Florida Department of Transportation (FDOT) regarding train service from Jupiter to Miami with both presentations involving the FEC railroad tracks. Vice Mayor Belvedere noted that the Senior Expo had been well attended and well run. She also attended the CERT dinner, as well as the DARE graduation, and commended the School Resource Officers (SROs) for their work at the schools. The Vice Mayor also attended a Pearl Harbor Recognition Day with a speaker from Wynmoor. Mayor Sarbone wished all a Happy New Year. Assistant City Attorney Cousins advised that she and City Attorney Stuart had met with Attorneys Steve Walker and Michele Diffenderfer representing the Seminole Tribe. The City is anticipating a court order by December 16 th either granting or denying the temporary injunction. Mr. Walker and Ms. Diffenderfer have requested that the City appeal the order if the temporary injunction is issued so that construction may continue. Consensus was given by the Commission to file an appeal, if necessary. CONSENT AGENDA 10. MOTION TO ADOPT a resolution authorizing the City Manager to execute the School Resource Officer Agreement between City and The School Board of Broward County for the 2011/2012 school year. (RESOLUTION NO. 2011-131) (Police) 11 MOTION TO ADOPT a resolution supporting the efforts of Students Working Against Tobacco (SWAT), the Tobacco-Free Partnership of Broward County, and the American Cancer Society to restrict the sale of flavored tobacco products. (RESOLUTION NO. 2011-132) (City Manager) 12. MOTION TO ADOPT a resolution supporting the Broward Legislative Delegation Local Bill clarifying that individuals will not be able to openly carry a handgun or carry a concealed weapon or firearm into specific municipal, county, and school board buildings. (RESOLUTION NO. 2011-133) (City Manager) 13. MOTION TO ADOPT a resolution opposing an amendment to the Florida Constitution to
be placed on the ballot of the 2012 General Election as Amendment 4 to the Florida Constitution. (RESOLUTION NO. 2011-134) (City Manager) 14. MOTION TO ADOPT a resolution urging the United States Congress to support H.R. 1746, the Community Access Preservation Act, relating to local Educational and Government Access Channels. (RESOLUTION NO. 2011-135) (City Manager) 15. MOTION TO ADOPT a resolution urging the United States Congress to maintain funding for the Community Development Block Grant (CDBG) Program. (RESOLUTION NO. 2011-136) (City Manager) 16. MOTION TO ADOPT a resolution urging the United States Congress and the administration to recognize the central role of transportation in local economies and to enact a national transportation plan. (RESOLUTION NO. 2011-137) (City Manager) MOTION: Tooley/Belvedere To adopt Consent Agenda Item Nos. 10 16. REGULAR AGENDA UTILITIES & ENGINEERING 17. MOTION TO ADOPT a resolution authorizing the City Manager, or designee, to execute an agreement between the City and Man Con Incorporated to extend reclaimed water lines to Sabal Pines Park, pursuant to Bid No. 11-09-11-11, for a total project cost of $210,461. (RESOLUTION NO. 2011-138) MOTION: Aronson/Belvedere To adopt Resolution No. 2011-138. SUSTAINABLE DEVELOPMENT 18. MOTION TO ADOPT a resolution accepting the Action Plan Program Year 2010 consolidated Annual Performance and Evaluation Report (CAPER) for community planning and development programs and authorizing transmittal to the U. S. Department of Housing and Urban Development (HUD). (RESOLUTION NO. 2011-139) (PUBLIC HEARING) MOTION: Tooley/Belvedere To adopt Resolution No. 2011-139. Director of Sustainable Development Sheila Rose explained this is part of the community involvement associated with the City s CDBG grant program. Shekeria Brown of CRA was present to answer technical questions. Mayor Sarbone opened the public hearing. There were no questions or comments, and 19. MOTION TO ADOPT an ordinance approving the Broadstone Cypress Hammocks Plat, generally located on the north side of Hillsboro Boulevard, approximately 700 feet
east of State Road 7 (U.S. 441), and containing 25.9 acres, more or less. (ORDINANCE NO. 2011-031 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) Ordinance No. 2011-031 was read by title by Ms. Cousins. MOTION: Gerber/Tooley To adopt Ordinance No. 2011-031. Mayor Sarbone requested all those speaking on this item to be sworn by the court reporter. Ms. Rose suggested that Agenda Item Nos. 19, 20, and 21 could be discussed together- -the plat, rezoning, and vacation of an internal right-of-way. The Planning and Zoning Board had approved the site plan contingent upon Commission approval of the items presented this evening. Attorney Dennis Mele, 200 East Broward Boulevard, representing the applicant, made a brief presentation. He displayed the Site Plan aerial view showing 396 units, as well as lakes with surrounding walkways, which was labeled Exhibit 1. The landscape graphics were displayed showing location of trees on the southern portion of the site, which were labeled Exhibit 2, and Exhibit 3 showed landscaping on the northern portion of the site. Graphics of the building elevations were displayed with building type 1 labeled Exhibit 4 and building type 2 labeled Exhibit 5. Mr. Mele reviewed the conditions agreed upon with Country Woods as part of the Site Plan approval: 1) Enhanced landscaping installed at the northeast corner of the site early in the construction process to ensure privacy; only non-viable and exotic trees will be removed; 2) The developer will be responsible for controlling dust and dirt throughout the construction process and shall maintain a water truck on site; 3) Screening will be attached to the existing chain link fence to help control dust and dirt; 4) No noise generating equipment operated on site prior to 9:00 a.m. on Saturdays and holidays; 5) No noise generating equipment operated on site on Sundays. Commissioner Tooley disclosed, for the record, she had spoken with Mr. Mele regarding this project. Commissioner Aronson disclosed, for the record, that she had spoken to Craig Valvo on December 4 th, a board member of the Country Woods Homeowner s Association. She had email communication with Chuck Swift, who represents the management company for Country Woods, on December 6 th, which she would submit to the City Clerk. She also spoke with Mr. Mele on December 6 th regarding the project. The Commissioner requested confirmation that Broadstone would compensate the Country Woods Homeowner s Association up to $1,500 for a berm or fence on the southeast corner of Country Woods, which Mr. Mele confirmed. The Commissioner also asked if the dog park indicated would be restricted to the residents of Broadstone, which Mr. Mele confirmed. Commissioner Gerber asked if the three-story buildings would have elevators and Mr. Mele explained that only four-story or above require elevators. There
was a brief discussion regarding the lakes in the development. Mayor Sarbone asked if the trees remaining were native and if the project was gated. All were answered affirmatively by Mr. Mele. Mayor Sarbone opened the public hearing. There were no questions or comments and 20. MOTION TO ADOPT an ordinance approving the rezoning request for the project known as Broadstone Cypress Hammocks, generally located on the north side of Hillsboro Boulevard, approximately 700 feet east of State Road 7 (U.S. 441), from MH-1 (Mobile Home Park) to PUD (Planned Unit Development. (ORDINANCE NO. 2011-032 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) Ordinance No. 2011-032 was read by title by Ms. Cousins. MOTION: Tooley/Aronson To adopt Ordinance No. 2011-032. Mayor Sarbone opened the public hearing. There were no questions or comments, and 21. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning a portion of the right-of-way of Northwest 71 st Place, Palm Beach Farms Company Plat No. 3, for the Broadstone Cypress Hammocks project. (ORDINANCE NO. 2011-033 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) Ordinance No. 2011-033 was read by title by Ms. Cousins. MOTION: Tooley/Belvedere To adopt Ordinance No. 2011-033. Mayor Sarbone opened the public hearing. There were no questions or comments, and 22. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning one portion of a 12-foot Utility Easement lying over and across portions of Tract G of the Wiles/Butler Plat One. (ORDINANCE NO. 2011-034 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) Ordinance No. 2011-034 was read by title by Ms. Cousins. MOTION: Tooley/Aronson To adopt Ordinance No. 2011-034. Ms. Rose noted that Item Nos. 22 and 23 related to the King Motors site, and this action would clear up title issues for the refinancing of the property.
Mayor Sarbone opened the public hearing. There were no questions or comments and 23. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning three portions of a 12-foot Utility Easement lying over and across portions of Tract G of the Wiles/Butler Plat One. (ORDINANCE NO. 2011-035 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) Ordinance No. 2011-035 was read by title by Ms. Cousins. MOTION: Aronson/Belvedere To adopt Ordinance No. 2011-035. Mayor Sarbone opened the public hearing. There were no questions or comments, and CITY MANAGER 24. MOTION TO ADOPT a resolution authorizing the City Manager to execute the First Amendment to the Agreement between the City and Waste Management Inc. of Florida. (RESOLUTION NO. 2011-140) MOTION: Tooley/Aronson To adopt Resolution No. 2011-140. Mayor Sarbone s understanding was that this would ensure that if the Resource Recovery Board ceased to exist, Waste Management would continue to be bound by the agreement with the City. Mr. Rivera added that it also provided for an acceptance by Waste Management to fill the requirements for eliminating waste from the depositing site if there is a new organization other than the Resource Recovery Board. At Commissioner Gerber s question and Mr. Rivera s explanation regarding the anticipated closure of the landfill in 2011, lengthy discussion ensued. Upon roll call, the motion was passed on a 4-1 vote, with Commissioner Gerber voting nay. 25. MOTION TO ADOPT a resolution approving the City s State Legislative Action Plan for the 2012 Legislation Session. (RESOLUTION NO. 2011-141) MOTION: Aronson/Belvedere To adopt Resolution No. 2011-141. The Mayor reviewed the changes discussed at the earlier Workshop meeting. MOTION: Tooley/Aronson To amend the 2012 Legislative Agenda, page 9, by removing Item V(b) Urban Administration/Community Access Act.
Upon roll call, the motion, as amended, was passed on a 5-0 vote. ADDENDUM 28. MOTION TO ADOPT a resolution requesting that the City of Coconut Creek be removed from the Local Bill filed with the Broward Legislative Delegation creating the Northwest Broward Independent Fire District. (RESOLUTION NO. 2011-143) Resolution No. 2011-143 was read into the record by Ms. Cousins. The Resolution was drafted pursuant to discussion at the earlier Workshop to request removal of the City from the Local Bill creating the Northwest Broward Independent Fire District. MOTION: Tooley/Belvedere To adopt Resolution No. 2011-143. REGULAR AGENDA (Continued) 26. MOTION TO ADOPT an ordinance requiring the registration of lobbyists with the City Clerk and providing for the definition of a lobbyist. (Ordinance No. 2011-030 SECOND READING) (PUBLIC HEARING) Ordinance No. 2011-030 was read by title by Ms. Cousins. MOTION: Tooley/Aronson To adopt Ordinance No. 2011-030. Mayor Sarbone opened the public hearing. There were no questions or comments and For the record, the Addendum issued was the final ordinance and not the ordinance in the agenda book. 27. MOTION TO ADOPT a resolution enacting a lobbyist registration fee in the amount of $50.00 per registration. (RESOLUTION NO. 2011-142) MOTION: Aronson/Belvedere To adopt Resolution No. 2011-142. Mayor Sarbone stated that his intent to vote no on this resolution because either full cost should be recovered or no cost should be recovered. It was noted that the registration fee in the agenda packet was $25.00; however, discussion at the Workshop resulted in a $50.00 fee. 29. ADJOURNMENT Upon roll call, the motion was passed on a 4-1 vote with Mayor Sarbone voting nay. The meeting was adjourned at 8:25 p.m.
Barbara S. Price, MMC City Clerk