City Commission

4800 West Copans Road City of Coconut Creek Coconut Creek, FL 33063 Meeting Agenda - Final City Commission JOSHUA RYDELL, MAYOR SANDRA L. WELCH, VICE MAYOR REBECCA A. TOOLEY, COMMISSIONER LOU SARBONE, COMMISSIONER MIKKIE BELVEDERE, COMMISSIONER MARY C. BLASI, CITY MANAGER TERRILL C. PYBURN, CITY ATTORNEY LESLIE WALLACE MAY, CITY CLERK COMMISSION MEETINGS TIME: Second and fourth Thursdays of the month at 7:00 p.m. PLACE: Coconut Creek Government Center, 4800 West Copans Road Thursday, October 25, 2018 7:00 PM Coconut Creek Government Center CALL TO ORDER / ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. 18-175 A PRESENTATION RECOGNIZING THE COCONUT CREEK POLICE DEPARTMENT’S ACHIEVEMENT OF ACCREDITED STATUS BY THE COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION, INC. (CFA). Attachments: BACKUP-CFA Accreditation Award Letter 2. 18-159 A PRESENTATION RECOGNIZING MR. LUCIANO CESARUO WITH A POLICE DEPARTMENT COMMENDATION. Attachments: BACKUP-Police Department Commendation Letter Legislative History 10/11/18 City Commission referred to the City Commission 3. 18-154 A SWEARING-IN CEREMONY FOR NEW POLICE OFFICER AMANDA L. CUMMINGS. 4. 18-157 A PRESENTATION RECOGNIZING FOURTH QUARTER EMPLOYEE MILESTONE ANNIVERSARIES FOR FISCAL YEAR 2018. City of Coconut Creek Page 1 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 5. 18-168 A PROCLAMATION RECOGNIZING NOVEMBER 10, 2018, AS “MENTAL HEALTH DAY.” Attachments: PROCLAMATION-NAMIWalks Mental Health Day 6. 18-174 A PROCLAMATION RECOGNIZING OCTOBER 22-28, 2018, AS “FLORIDA CITY GOVERNMENT WEEK.” Attachments: PROCLAMATION-Florida City Government Week INPUT FROM RESIDENTS OF COCONUT CREEK Three (3) minutes per resident on non-agenda items. CITY MANAGER REPORT CITY ATTORNEY REPORT COMMISSION COMMUNICATIONS CONSENT AGENDA (7:30 Time Certain-Immediately followed by the Regular Agenda) 7. 18-170 A MOTION APPROVING THE MINUTES FROM PREVIOUS CITY COMMISSION MEETING(S). (2018-0912S, 2018-0913WS, AND 2018-0917WS) Sponsors: City Clerk Attachments: MINUTES-2018-0912 Special Commission Mtg (1st Budget Hearing) MINUTES-2018-0913 Workshop MINUTES-2018-0917 Workshop 8. RES A RESOLUTION SUPPORTING THE CLOSURE OF BROWARD 2018-245 COUNTY PUBLIC SCHOOLS ON ELECTION DAY OR THE RELOCATION OF VOTING PRECINCTS FROM BROWARD COUNTY PUBLIC SCHOOLS. Sponsors: City Commission Attachments: RESOLUTION 2018-245-Support for Closing Schools on Election Day City of Coconut Creek Page 2 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 9. RES A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, 2018-182 TO EXECUTE AN INDEMNIFICATION AGREEMENT WITH LEDER HILLSBORO, LLC, PROVIDING THE CITY INDEMNIFICATION AS THE PERMITTEE OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) UTILITY PERMIT ISSUED FOR CONSTRUCTION OF TWO WATER CONNECTIONS TO THE LEDER HILLSBORO DEVELOPMENT PROJECT. Sponsors: Utilities and Engineering Attachments: RESOLUTION 2018-182-Leder Hillsboro Indemnification Agrmt AGREEMENT-Leder Hillsboro Indemnification MAP-Project Location-Leder Hillsboro 10. RES A RESOLUTION ACCEPTING A UTILITY EASEMENT FROM MCA 2018-206 PROMENADE OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, TO THE CITY FOR A PORTION OF LAND LYING WITHIN A PORTION OF PARCEL “A,” GREEN FARM REPLAT. Sponsors: Utilities and Engineering Attachments: RESOLUTION 2018-206-Green Farm Replat-Cooper's Hawk Utility Easement EXHIBIT 1-Utility Easement-Green Farm Replat-Cooper's Hawk EXHIBIT 2-Bill of Sale-Green Farm Replat-Cooper's Hawk MAP-Cooper's Hawk Easement Location 11. RES A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, 2018-208 TO EXECUTE AGREEMENTS WITH HINTERLAND GROUP, INC. (PRIMARY CONTRACTOR) AND SHENANDOAH GENERAL CONSTRUCTION COMPANY (SECONDARY CONTRACTOR) TO PROVIDE REHABILITATION, REPAIRS, AND NEW CONSTRUCTION SERVICES FOR STORMWATER CONVEYANCE SYSTEM PURSUANT TO BID NO. 06-27-18-11. Sponsors: Utilities and Engineering Attachments: RESOLUTION 2018-208-Hinterland Group-Shenandoah General Construction Bid No. 06-27-18-11 AGREEMENT-Hinterland-Primary Bid No. 06-27-18-11 AGREEMENT-Shenandoah-Secondary Bid No. 06-27-18-11 BACKUP-Bid No. 06-27-18-11 City of Coconut Creek Page 3 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 12. RES A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, 2018-247 TO EXECUTE AN INTERLOCAL AGREEMENT (ILA) WITH THE CITY OF POMPANO BEACH, THE CITY OF MARGATE, THE CITY OF NORTH LAUDERDALE AND THE CITY OF CORAL SPRINGS FOR SHARING THE COST OF THE DEVELOPMENT OF A BACTERIA POLLUTION CONTROL PLAN. Sponsors: Utilities and Engineering Attachments: RESOLUTION 2018-247-C-14 Bacteria Pollution Control Plan ILA AGREEMENT-C-14 Bacteria Pollution Control Plan (BPCP) ILA BACKUP-Consultant Service Contract-C-14 Bacterial Control Plan BACKUP-NPDES MS4 Permit-C-14 Bacterial Control Plan BACKUP-Resolution 2017-177-NPDES MS4 Permit ILA 13. RES A RESOLUTION RESCINDING RESOLUTION NO. 2018-134 AND 2018-228 AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TASER INTERNATIONAL, INC. FOR THE PURCHASE OF TASER EQUIPMENT AND TO ACKNOWLEDGE THE CHANGE OF NAME FROM TASER INTERNATIONAL, INC. TO AXON ENTERPRISE, INC. Sponsors: Police Department Attachments: RESOLUTION 2018-228-TASER TASER-Memo AGREEMENT-TASER-AXON Amendment No. 1 EXHIBIT A-1-TASER-AXON Amendment No. 1 EXHIBIT B-TASER-AXON Amendment No. 1 EXHIBIT C-TASER-AXON Amendment No. 1 BACKUP-Resolution No. 2018-134 BACKUP-Original TASER Agreement Legislative History 10/11/18 City Commission tabled to date certain to the City Commission REGULAR AGENDA Utilities and Engineering City of Coconut Creek Page 4 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 14. RES A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, 2018-212 TO EXECUTE AN AGREEMENT WITH AUM CONSTRUCTION, INC. FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE LYONS ROAD AND ST. ANDREWS/WINSTON PARK PLAZA INTERSECTION PURSUANT TO PROJECT BID NO. 06-13-18-11. Attachments: RESOLUTION 2018-212-Traffic Signal Implementation, Bid No. 06-13-18-11 AGREEMENT-Traffic Signal Implementation, Bid No. 06-13-18-11 BACKUP-Traffic Signal Implementation, Bid No. 06-13-18-11 EXHIBIT 1-St. Andrews Temporary Easement EXHIBIT 2-APEC Temporary Construction Easement Sustainable Development 15. ORD AN ORDINANCE APPROVING THE REZONING REQUEST OF 2018-026 RAMCO-GERSHENON PROPERTIES, L.P. TO REZONE FROM B-2 (CONVENIENCE SHOPPING) AND B-3 (COMMUNITY SHOPPING) TO PLANNED COMMERCE DISTRICT (PCD) FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF JOHNSON ROAD AND STATE ROAD 7 (US 441) WITHIN THE SAWGRASS PARK OF COMMERCE PLAT. (QUASI-JUDICIAL)(FIRST PUBLIC HEARING) Attachments: ORDINANCE 2018-026-Coral Creek Shops PCD BACKUP-Map-Coral Creek Shops PCD BACKUP-Coral Creek Shops PCD Document BACKUP-Applicant Presentation-Coral Creek Shops PCD MINUTES-PZ Mtg 2018-0912 16. ORD AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION 2018-027 OF RAMCO/ CORAL CREEK LLC, TO PERMIT A DRIVE-THRU FOR THE PROPOSED WENDY’S RESTAURANT LOCATED AT THE SOUTHEAST CORNER OF JOHNSON ROAD AND STATE ROAD 7 (US 441) PURSUANT TO SECTION 13-35, “SPECIAL LAND USE,” OF THE CITY’S CODE OF ORDINANCES. (QUASI-JUDICIAL)(FIRST PUBLIC HEARING) Attachments: ORDINANCE 2018-027-Wendy's SLU BACKUP-Map-Wendy's SLU BACKUP-Justification-Wendy's SLU BACKUP-Applicant Presentation-Wendy's SLU MINUTES-PZ Mtg 2018-0912 City of Coconut Creek Page 5 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 17. RES A RESOLUTION APPROVING THE SITE PLAN REQUEST OF 2018-227 RAMCO/CORAL CREEK, LLC FOR THE DEVELOPMENT OF A WENDY’S FAST FOOD RESTAURANT WITH A DRIVE-THRU AND OUTDOOR DINING AREA GENERALLY LOCATED AT THE SOUTHEAST CORNER OF JOHNSON ROAD AND STATE ROAD 7 (US 441). (QUASI-JUDICIAL)(PUBLIC HEARING) Attachments: RESOLUTION 2018-227-Wendy's Site Plan BACKUP-Map-Wendy's Site Plan BACKUP-Wendy's Site Plan BACKUP-Community Outreach Summary BACKUP-Applicant Presentation-Wendy's Site Plan MINUTES-PZ Mtg 2018-0912 18. RES A RESOLUTION APPROVING THE SITE PLAN REQUEST OF 2018-225 RAMCO-GERSHENSON PROPERTIES, L.P. TO MODIFY THE EXISTING CORAL CREEK SHOPS SHOPPING PLAZA MASTER SITE PLAN GENERALLY LOCATED ON THE SOUTHEAST CORNER OF JOHNSON ROAD AND STATE ROAD 7 (US 441). (QUASI-JUDICIAL)(PUBLIC HEARING) Attachments: RESOLUTION 2018-225-Coral Creek Shops Site Plan BACKUP-Map-Coral Creek Shops Site Plan BACKUP-Site Plan-Coral Creek Shops BACKUP-Community Outreach Summary BACKUP-Applicant Presentation-Coral Creek Shops Site Plan MINUTES-PZ Mtg 2018-0912 19. ORD AN ORDINANCE TO MODIFY AN EXISTING PLANNED COMMERCE 2018-028 DISTRICT (PCD) IN ORDER TO ACCOMODATE THE CONSTRUCTION OF A CHICK-FIL-A RESTAURANT WITH A DUAL DRIVE-THRU LANE LOCATED IN THE VILLAGE SHOPPES OF COCONUT CREEK AT THE NORTHEAST CORNER OF WILES ROAD AND STATE ROAD 7 (US 441).(QUASI-JUDICIAL)(FIRST PUBLIC HEARING) Attachments: ORDINANCE 2018-028-Chick-Fil-A Rezoning (PCD Mod) BACKUP-Map-Chick-Fil-A Rezoning BACKUP-Applicant presentation-Chick-Fil-A Rezoning BACKUP-PCD (with strike thru)-Chick-Fil-A Rezoning BACKUP-PCD (clean)-Chick-Fil-A Rezoning BACKUP-Ordinance No. 2007-011 MINUTES-PZ Mtg 2018-0912 City of Coconut Creek Page 6 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 20. ORD AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION 2018-030 OF VILLAGE SHOPPES OF COCONUT CREEK INVESTMENTS, LLC TO PERMIT A CHICK-FIL-A RESTAURANT WITH A DUAL DRIVE-THRU LANE TO BE LOCATED IN THE VILLAGE SHOPPES OF COCONUT CREEK AT THE NORTHEAST CORNER OF WILES AND STATE ROAD 7 (US 441) PURSUANT TO SECTION 13-35, “SPECIAL LAND USE,” OF THE CITY’S CODE OF ORDINANCES. (QUASI-JUDICIAL)(FIRST PUBLIC HEARING) Attachments: ORDINANCE 2018-030-Chick-Fil-A SLU BACKUP-Map-Chick-Fil-A SLU BACKUP-Chick-Fil-A Justification & Narrative SLU BACKUP-Applicant Presentation-Chick-Fil-A SLU MINUTES-PZ Mtg 2018-0912 21. RES A RESOLUTION APPROVING THE SITE PLAN REQUEST OF VILLAGE 2018-231 SHOPPES OF COCONUT CREEK INVESTMENTS, LLC FOR THE DEVELOPMENT OF A FREE STANDING CHICK-FIL-A RESTAURANT WITH A DUAL DRIVE-THRU LANE LOCATED IN VILLAGE SHOPPES OF COCONUT CREEK AT THE NORTHEAST CORNER OF WILES AND STATE ROAD 7 (US 441). (QUASI-JUDICIAL)(PUBLIC HEARING) Attachments: RESOLUTION 2018-231-Chick-Fil-A Site Plan BACKUP-Map-Chick-Fil-A Site Plan BACKUP-Chick-Fil-A-Site Plan BACKUP-Community Memo-Chick-Fil-A Site BACKUP-Applicant Presentation-Chick-Fil-A Site Plan MINUTES-PZ Mtg 2018-0912 22. ORD AN ORDINANCE APPROVING THE “LYONS COMMUNITY CENTER 2018-031 PLAT” APPLICATION TO ALLOW FOR THE DEVELOPMENT OF A 198-SEAT HOUSE OF WORSHIP WITH A CHILD CARE FACILITY LOCATED AT 7650 LYONS ROAD. (QUASI-JUDICIAL)(FIRST PUBLIC HEARING) Attachments: ORDINANCE 2018-031-Lyons Community Center Plat EXHIBIT B-Lyons Community Center Plat BACKUP-Map-Lyons Community Center Plat BACKUP-Access Easement Agrmt-Lyons Community Center Plat BACKUP-Applicant Presentation-Lyons Community Center Plat MINUTES-PZ Mtg 2018-0912 City of Coconut Creek Page 7 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 23. ORD AN ORDINANCE APPROVING THE REZONING REQUEST OF 2018-032 GERALDO STAZIAKI TO REZONE FROM AGRICULTURAL (A-1) TO COMMUNITY FACILITY (CF) FOR THE PROPERTY LOCATED AT 7650 LYONS ROAD. (QUASI-JUDICIAL)(FIRST PUBLIC HEARING) Attachments: ORDINANCE 2018-032-Lyons Community Center Rezoning BACKUP-Map-Lyons Community Center Rezoning BACKUP-Justification & Traffic Analysis-Lyons Community Center Rezoning BACKUP-Applicant Presentation-Lyons Community Center Rezoning MINUTES-PZ Mtg 2018-0912 24. RES A RESOLUTION APPROVING THE SITE PLAN REQUEST OF 2018-233 GERALDO STAZIAKI TO DEVELOP A TWO-STORY, 13,080 SQUARE FOOT STRUCTURE TO ACCOMMODATE UP TO 198 SEATS WITHIN THE HOUSE OF WORSHIP AND UP TO EIGHT (8) CLASSROOMS FOR THE PROPOSED CHILD CARE FACILITY TO BE LOCATED AT 7650 LYONS ROAD. (QUASI-JUDICIAL)(PUBLIC HEARING) Attachments: RES 2018-233 Lyons Community Center Site Plan BACKUP-Map-Lyons Community Center Site Plan BACKUP-Lyons Community Center-Site Plan BACKUP-Community Involvement Report-Lyons Community Center Site Plan BACKUP-Applicant Presentation-Lyons Community Center Site Plan MINUTES-PZ Mtg 2018-0912 City Attorney City of Coconut Creek Page 8 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 25. ORD AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, BY 2018-034 AMENDING CHAPTER 13, “LAND DEVELOPMENT CODE,” ARTICLE I, “ADMINISTRATION, REGULATIONS AND PROCEDURES,” DIVISION 1, “GENERALLY,” BY ENACTING SECTION 13-5, “SEVERABILITY,” TO PROVIDE FOR GENERAL SEVERABILITY AMONG THE PROVISIONS OF THE LAND DEVELOPMENT CODE; ARTICLE III, “ZONING REGULATIONS,” DIVISION 1, “GENERALLY,” SECTION 13-295, “DEFINITIONS,” TO OMIT THE DEFINITION OF CHURCH AND AMEND THE DEFINITION OF HOUSE OF WORSHIP; DIVISION 3, “ZONING DISTRICT REGULATIONS AND TABLES,” SECTIONS 13-331, “GENERAL PROVISIONS,” 13-348, “PLANNED UNIT DEVELOPMENT DISTRICT,” 13-354, “COMMUNITY FACILITY DISTRICT,” 13-355, “PLANNED COMMERCE DISTRICT;” AND DIVISION 8, “MASTER BUSINESS LIST,” SECTIONS 13-621, “MASTER BUSINESS LIST - B-2, B-3, AND B-4,” 13-622, “MASTER BUSINESS LIST - IO-1, IM-1,” 13-623, “MASTER BUSINESS LIST - O-2, O-3,” TO PROVIDE CONSISTENCY WITH THE FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000 (RLUIPA). (FIRST READING)(PUBLIC HEARING) Attachments: ORDINANCE 2018-034-Ch 13 Code Amendments (RLUIPA) MINUTES-Draft PZ Minutes Excerpt 2018-1010 26. ORD AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, BY 2018-035 AMENDING THE ENTIRETY OF CHAPTER 8, “ELECTIONS,” TO PROVIDE FOR UPDATED AND CONSISTENT REGULATIONS WITH STATE ELECTION LAWS AND CITY CHARTER PROVISIONS; AND BY AMENDING CHAPTER 2, “ADMINISTRATION,” ARTICLE II, “CITY COMMISSION,” BY REPEALING SECTION 2-22, “VACANCY IN CANDIDACY,” IN ITS ENTIRETY IN ITS CURRENT LOCATION IN ORDER TO RELOCATE THE LANGUAGE INTO A MORE RELEVANT LOCATION WITHIN CHAPTER 8, “ELECTIONS,” AND BY REPEALING SECTION 2-24, “CITY COMMISSION CANDIDATE QUALIFICATIONS,” AS THOSE PROVISIONS ARE SET FORTH IN THE CITY CHARTER AS OF THE EFFECTIVE DATE OF THE CHARTER REVISIONS OF 2016. (FIRST READING) Attachments: ORDINANCE 2018-035-Chapter 8 Elections Update City of Coconut Creek Page 9 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 27. ORD AN ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE NO. 2018-024 2013-023, PROVIDING FOR A REVISION OF THE BOUNDARIES OF CITY COMMISSION VOTING DISTRICTS; ACCEPTING THE RECOMMENDATION OF THE 2018 RE-DISTRICTING BOARD, WHICH PROVIDES FOR A REVISION OF THE EXISTING LEGAL BOUNDARIES FOR THE FIVE (5) AT LARGE COMMISSION VOTING DISTRICTS, AS MORE FULLY DESCRIBED IN THE MAP AND LEGAL DESCRIPTIONS LABELED “A” THROUGH “E,” RESPECTIVELY. (SECOND READING) (PUBLIC HEARING) Attachments: ORDINANCE 2018-024-Re-districting (2018) EXHIBIT-Legal Description-Voting District A (unchanged) EXHIBIT-Legal Description-Voting District B (unchanged) EXHIBIT-Updated Legal Description-Voting District C EXHIBIT-Updated Legal Description-Voting District D EXHIBIT-Updated Legal Description-Voting District E EXHIBIT-Map 10 (Re-districting Alternative 4) BACKUP-Board Recommendation Memo & Final Consultant Report BACKUP-Initial Consultant Report (2018-0821) BACKUP-Ordinance 2013-023 (Re-districting 2013) Legislative History 10/11/18 City Commission approved on first reading to the City Commission 28. RES A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY, 2018-257 ON BEHALF OF THE CITY, TO ENGAGE THE SERVICES OF OUTSIDE COUNSEL TO FILE AN APPEAL REGARDING THE FEDERAL COMMUNICATIONS COMMISSION’S DECLARATORY RULING AND THIRD REPORT AND ORDER IN WIRELESS AND WIRELINE INFRASTRUCTURE DOCKET NUMBERS 17-79 AND 17-84, RESPECTIVELY, AND TO JOIN THE COALITION OF CITIES AND COUNTIES NATIONWIDE SEEKING RELIEF FROM THE OVERREACHING AND BURDENSOME REGULATIONS ENACTED THEREBY IN ORDER TO PRESERVE THE CITY’S RIGHTS AND REMEDIES THEREUNDER. Attachments: RESOLUTION 2018-257-Appeal of FCC Small Cell Preemption Order ADJOURNMENT City of Coconut Creek Page 10 Printed on 10/18/2018 City Commission Meeting Agenda - Final October 25, 2018 NOTE: If any person, firm, or corporation decides to appeal any decision made by the above City Commission with respect to any matter considered at such meeting or hearing, they will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence, if any, upon which the appeal is to be based. (F.S. 286.0105) In accordance with the Americans with Disabilities Act, any person with a disability who requires assistance to participate in said meeting may contact the City Clerk's Office at 954-973-6774 at least two (2) days prior to said meeting. Please note that two (2) or more members of the Re-Districting Board may be in attendance. City of Coconut Creek Page 11 Printed on 10/18/2018