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Home My WebLink About2004-03-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MARCH 10, 2004 KINGS POINT CLUBHOUSE 7620 NOB HILL ROAD TAMARAC, FL 33321 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order on Wednesday, March 10, 2004 at 7:10 p.m. in Kings Point Clubhouse, 7620 Nob Hill Road Tamarac, FL 33321. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Edward C. Portner led the pledge of allegiance. Mayor Schreiber asked for a moment of silence in memory of Property Appraiser William Markham who passed away on Monday. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Schreiber proclaiming March as National Colorectal Cancer Awareness Month in the City of Tamarac. Dr. Charles Lago accepted and said there are 4,000 deaths each year of people age 50 which may have been prevented by colonoscopy screening. b. Presentation of a proclamation by Mayor Schreiber proclaiming 2004 as the 132"d Celebration of Arbor Day. Assistant Public Works Director Doherty accepted. RFPnRTR 2. City Commission: Mayor Schreiber said he has lived at Kings Point for 17 years and this is the first time he has been able to arrange a meeting here. Mayor Schreiber explained that a sponsor is needed in order to use the Cabaret Room and he thanked Murray Seiderman, President of the Video Club for sponsoring the meeting for the City of Tamarac. Mayor Schreiber added that this is not a political meeting; it comes under the designation of City business. Commissioner Sultanof said he is delighted to be here tonight and he has lived in Kings Point for 16 years. Commissioner Sultanof said many people here tonight do not come to the Commission meetings and this Commission has responded to the wishes of the residents throughout the City. Tamarac is the fastest growing city in Broward County, and the ad valorem taxes have not been increased in four years. Commissioner Sultanof said the Tam - A -Gram is a very pleasing paper and contains news of events and information as concerns Tamarac. Commissioner Sultanof said he has tried to make sure the Tam -A -Gram does not March 10, 2004 1 become political, and he asked the City Manager to add discussion regarding elimination of Commission columns from the Tam -A -Gram to the next workshop agenda, and use the space for articles about the City, to inform the residents about programs in the City, such as passport acceptance and the Social Services Division. Commissioner Sultanof said the Tam - A -Gram is the residents' paper, not the Commission's. Commissioner Flansbaum-Talabisco thanked Kings Point for hosting the meeting and said everyone should try to attend Commission meetings at City Hall. Commissioner Flansbaum- Talabisco said this is a very special night for her as she has just completed her first year as Commissioner. Commissioner Portner said he is the Commission Liaison to the Public Information Committee, and he feels that rather than eliminate the Commission columns from the Tam -A - Gram, the columns should be rotated. Commissioner Portner said he spoke with Public Information Officer Crockett and asked her to take the matter up with the City Manager. Commissioner Portner agreed the Tam -A -Gram should not be political. Commissioner Portner said he just returned from a three-day trip to Washington D.C., and he intends to provide the Mayor and City Commission with a written report. Commissioner Partner met with the Ambassador from Turkey and they discussed trade relations between Turkey and Tamarac; and in order to solidify the discussions, Commissioner Portner may be making a return trip to Turkey in April of this year. Vice Mayor Roberts thanked everyone for hosting the meeting at Kings Point and said it is nice to see everyone here. Vice Mayor Roberts reported that she has been informed by the Broward League of Cities that she was named one of the representatives to the Land Preservation Board. Vice Mayor Roberts thanked everyone for donations of cell phones for project SAFE and also for donations of tennis balls for the schools; residents of Kings Point have been very generous. Vice Mayor Roberts added that this is her last Commission meeting as the Vice Mayor. 3. City Attorne : City Attorney Kraft had no report. 4. City Manager. City Manager Miller reported that the last building permit for the Kings Point community has been issued; Kings Point was started in 1983 and the first building was Ashmont, Building C. Kings Point consists of 5,000 units — 10,000 people. City Manager Miller congratulated the Kings Point community on its growth. City Manager Miller informed everyone that Replant Broward has been rescheduled from March 13 to March 20 and will be held at the Tamarac Sports Complex from 9:00 a.m. — 1:00 p.m. The event is sponsored by the Broward League of Cities and up to four free trees per person will be given out. Vice Mayor Roberts and Commissioner Flansbaum-Talabisco will be serving as volunteers. The Fire Department will conduct a smoke detector giveaway at Mainlands 17 on March 13. Participating will be members of the CERT Team, Tamarac Fire Cadets, and many other volunteers. The second spring concert was held on March 5 at the Tamarac Sports Complex, and it is estimated that over 700 people were in attendance. The third and final concert will be held on April 2 from 7:00 p.m. — 9:00 p.m. Admission is free. 1 March 10, 2004 2 PUBLIC PARTICIPATION 5. Elayne Weisburd, 7997 Exeter Boulevard W, Tamarac, thanked the Commission and the Video Club for bringing the meeting to the community. Mayor Weisburd added that as a former Commissioner and Mayor from Miami Beach, she understands what the City is doing, and extended accolades to the City and the departments for the landscaping and median improvements. Renee Binns, 7550 NW 73 Terrace, Tamarac spoke about problems she encountered with work done to her home through the CDBG Grant. Mayor Schreiber said Ms. Binns could feel free to contact him to discuss her concerns, but he would not discuss anything with Ms. Binns if she brought a stenographer with her. John Binns, 7550 NW 73 Terrace, Tamarac spoke about beautification and questioned when work would begin in Greenbriar. Mr. Binns spoke about increased crime in his neighborhood and a broken street light in a cul de sac. Mr. Binns expressed concern regarding work done on his home through the CDBG Grant Program and asked the Commission to do something for the younger people moving into the City. Mayor Schreiber said work in the Greenbriar area should begin within the next 30-45 days. CONSENT AGENDA 6. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved the addition of Temporary Resolution 10365 to the consent agenda as Item No. 6(1). WAIVER OF ROOM FEES FOR UNIVERSITY HOSPITAL AND MEDICAL CENTERS' 1-121.1 HEALTH FAIR: (TR10365) Approving a request from University Hospital and Medical Center to waive room rental fees for their H2U Health Fair to be held in the Ballroom at the Tamarac Community Center on March 19, 2004. On roll call, Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and Commissioner Portner "yes". Motion carried. Vice Mayor Roberts seconded by Commissioner Sultanof moved the addition of Temporary Resolution 10366 to the consent agenda as Item No. 6(g), REQUESTING FORMALIZED APPROVAL OF MPO REAPPORTIONMENT PLAN — CASE NO. 6-MI-04: (TR10366) Requesting that Governor Jeb Bush formalize his approval of the Broward County Metropolitan Planning Organization Reapportionment Plan, directing the City Clerk to transmit this Resolution to Governor Jeb Bush and all municipalities within Broward County (Case No. 6-MI-04). On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Commissioner Sultanof "yes". Motion carried. With regard to Item No. 6(c), Commissioner Portner congratulated City Clerk Swenson on her nomination for City Clerk of the Year. a. APPROVE the minutes of the February 25, 2004 Regular City Commission meeting. APPROVED b. WATER AND SEWER DEVELOPER'S AGREEMENT — TUSCANY TOWNHOMES: (TR10342) Executing a Water and Sewer Developer's Agreement with Tuscany March 10, 2004 3 Townhomes, Inc., for the Tuscany Townhomes Project, located on the northwest corner of NW 57th Street and NW 79th Avenue, requiring 87 ERC's for water and 87 ERC's for sewer; requiring the payment of $278,400.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-38 C. SUBMISSION OF NOMINATION TO FLORIDA LEAGUE OF CITIES CITIES OF EXCELLENCE AWARDS PROGRAM: (TR10356) Nominating City Clerk Marion Swenson for City Clerk of the Year through the Florida League of Cities, Florida Cities of Excellence Awards Program. RESOLUTION NO. R2004-39 d. "INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT" — "TUSCANY PLAT": (TR10358) Executing the "Installation of Required Improvements Agreement" between Broward County, Tuscany Townhomes, Inc. and the City of Tamarac to provide for the construction, funding and security for the required improvements on NW 57th Street, relating to the "Tuscany Plat" located on the northwest corner of NW 57th Street and NW 79th Avenue (Case No. 3-AP-04). RESOLUTION NO. R2004-40 e. FURNITURE PURCHASE — FIRE STATION 15: (TR10357) Purchasing conference room, Emergency Operations Center, office and fire station furniture for Tamarac Fire Rescue Station #15 from Thomas W. Ruff & Co. in an amount not to exceed $40,500, under State of Florida Contract No. 425-001-01-1, utilizing funds from the FEMA Grant EMW-2003-FG-09220 and funds appropriated in the FY04 budget. RESOLUTION NO. R2004-41 f. WAIVER OF ROOM FEES FOR UNIVERSITY HOSPITAL AND MEDICAL CENTERS' H2U HEALTH FAIR: (TR10365) Approving a request from University Hospital and Medical Center to waive room rental fees for their H2U Health Fair to be held in the Ballroom at the Tamarac Community Center on March 19, 2004. RESOLUTION NO. R2004-42 g. REQUESTING FORMALIZED APPROVAL OF MPO REAPPORTIONMENT PLAN — CASE NO. 6-MI-04: (TR10366) Requesting that Governor Jeb Bush formalize his approval of the Broward County Metropolitan Planning Organization Reapportionment Plan, directing the City Clerk to transmit this Resolution to Governor Jeb Bush and all municipalities within Broward County (Case No. 6-MI-04). RESOLUTION NO. R2004-43 END OF CONSENT AGENDA REGULAR AGENDA Vice Mayor Roberts seconded by Commissioner Sultanof moved to table Item No. 8, Temporary Resolution 10351 to the March 24, 2004 Regular City Commission Meeting, at or after 9:00 a.m. ADOPTING A CITY OF TAMARAC TRAFFIC CALMING POLICY: (TR10351) Motion to approve resolution adopting a Traffic Calming Policy. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. 7. UPDATE TO CITY COMMISSION — CITY SENIOR AND SOCIAL SERVICES PROGRAMS: Social Services Supervisor Rose Cure gave a presentation on all programs March 10, 2004 4 under the Social Services Division. Mayor Schreiber said when residents in need of assistance call him, he recommends they speak with Social Services Supervisor Cure and she does a fantastic job of getting them the help they need. 8. ADOPTING A CITY OF TAMARAC TRAFFIC CALMING POLICY: (TR10351) Motion to approve resolution adopting a Traffic Calming Policy. TABLED TO THE MARCH 24, 2004 REGULAR COMMISSION MEETING AT OR AFTER 9:00 A.M. 9. GRANT AWARD AND AGREEMENT -- TAMARAC PRESERVATION PARK ACQUISITION: (TR10355) Motion to approve resolution accepting a grant award in the amount of $1,616,264 from the Florida Communities Trust for Tamarac Preservation Park (Kings Point Replat, Parcel R); authorizing the appropriate city officials to execute the Grant Contract between the City of Tamarac and the Florida Communities Trust for Tamarac Preservation Park. City Attorney Kraft read Temporary Resolution 10355 by title. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval. Assistant to the City Manager Phillips gave a presentation and explained that while the cost for the land was about $4.1 million, the out of pocket cost to the City after all grant funding for acquisition is received, will be about $100,000. Mayor Schreiber questioned the time schedule and Assistant to the City Manager Phillips said the conceptuals will be brought to the Mayor and City Commission at a future date and the construction schedule will be determined then. Commissioner Sultanof questioned the availability of federal or state funds to cover any short fall, and Assistant to the City Manager Phillips said grants may be available through the Land and Water Conservation funding for development of the park. Commissioner Sultanof asked if this would delay development of the park and Assistant to the City Manager Phillips said development grants are not as generous as acquisition grants, and staff will come before the Commission at budget time for funding for the conceptual plan for the park. Mayor Elayne Weisburd, 7997 Exeter Boulevard W, Tamarac, questioned the passive park and the fact that sports will be allowed in the open field. Assistant to the City Manager Phillips responded that while the park is primarily for passive use (70% of the 15 acres), there are some active uses permitted. Mayor Schreiber added that since the City accepted the grant funding, we must comply with the uses as set forth in the grants. On roll call Mayor Schreiber voted "yes", Commissioner Flansbaum-Talabisco "yes", Commissioner Sultanof 'yes", Commissioner Portner "yes", and Vice Mayor Roberts "yes". Motion carried. RESOLUTION NO. R2004-44 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCE — FIRST READING 10, CORRECTING SCRIVENER'S ERROR IN LEGAL DESCRIPTION CONTAINED IN ORDINANCE NO. 0-2004-07-BRUCE PLAT: (T02039) Motion to adopt Ordinance on first reading correcting a scrivener's error in the legal description contained in Ordinance No. 0- 2004-07 amending the legal description previously described as "Parcel 'A' of the 'Bruce Plat', according to the Plat thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida", to read, a 'Portion of Parcels 'A' and 'B' of the 'Bruce Plat', according to the Plat thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida, and a portion of the northwest one -quarter of Section 10, Township 49 South, Range 41 East" in Ordinance No. 0-2004-07 approved by the City Commission on second reading February 25, 2004 regarding the Land Use Element of the March 10, 2004 5 City Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Small -Scale Land Use Plan Amendment proposal by Prestige Homes of South Florida, Inc. (Case No. 01-LUA-04); providing for amendment to the Land Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance 2039 on first reading by title. Commissioner Portner seconded by Commissioner Flansbaum- Talabisco moved approval. Commissioner Sultanof asked for clarification of the ordinance, and City Attorney Kraft said Ordinance 2004-07 was passed and adopted on second reading at the previous City Commission meeting; however, it was discovered that there was a discrepancy in the legal description and Temporary Ordinance 2039 will fix that. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Partner voted "yes", Vice Mayor Roberts "no", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. APPROVED ON FIRST READING QUASI-JUDICIAL HEARINGS 11. REVISED DEVELOPMENT ORDER NO. 318.2 AND NEW DEVELOPMENT SITE PLAN APPROVAL — TOSHIBA BUSINESS SOLUTIONS: (TR10352) Motion to approve Resolution issuing Revised Development Order No. 318.2 and granting New Development Site Plan approval to Toshiba Business Solutions to allow the construction of a 46,704 square foot building with associated parking landscaping and infrastructure improvements located north of Commercial Boulevard, west of Nob Hill Road, specifically the South Half of the East Parcel of the "S&N Plat No. Two" Plat, according to the Plat thereof as recorded in Plat Book 171, Pages 112 through 115 of the Public Records of Broward County, Florida (Case No. 01-SP-04); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10352 by title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. At the request of Mayor Schreiber, City Attorney Kraft explained the manner in which quasi-judicial hearings are held. City Attorney Kraft explained the quasi-judicial procedures and Robert Vreeland waived his quasi-judicial rights on behalf of the applicant. Community Development Director King explained that the President of Toshiba was called away on business and not able to attend this evening's meeting. Community Development Director King gave a presentation. Commissioner Sultanof asked if along with the consolidation of the offices there would also be servicing and distribution of equipment on the premises. Mr. Vreeland said there would be light assembly and the product then distributed throughout South Florida. Commissioner Sultanof asked what the hours of business would be and questioned concurrency. Mr. Vreeland said 8:00 a.m. — 5 or 6 p.m., and Community Development Director King explained the site was platted through the County as part of the Sani Pip Plat and is vested for a certain amount of square ft. industrial use; the trips are already entered into the County trafficway system, Commissioner Sultanof said the residents of Plum Bay expressed concern regarding the landscaping and asked if the applicant will put in more landscaping than is required. Community Development Director King said the developer is willing to adhere to staff requests and staff did ask for more landscaping. The property is across the street from the golf course and not directly in the sight range of Plum Bay/Plum Harbor. Commissioner Portner said he would like the President of Toshiba to meet with the Commissioners in the near future, and City Manager Miller said he would arrange a meeting. Mayor Schreiber asked if this project would create employment opportunities and Mr. Vreeland said some jobs March 10, 2004 6 may be created; additionally there will be a boost to Tamarac's economy as employees will look to move here and shop here. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. Vice Mayor Roberts asked about the time table and Community Development Director King said groundbreaking is expected within 60 days if all permits are issued; opening is anticipated sometime in November. There will be groundbreaking and ribbon cutting ceremonies to which the elected officials are invited. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2004-45 12. REVISED DEVELOPMENT ORDER NO. 315.10 ANG MAJOR REVISED SITE PLAN APPROVAL -- SONNY'S ENTERPRISES: (TR10353) Motion to approve Resolution issuing Revised Development Order No. 315.10 and granting Major Revised Site Plan approval for Sonny's Enterprises to allow the construction of a 32,880 square foot warehouse area addition to the existing building, located at 5605 Hiatus Road, specifically Tract "B" of the "Westpoint Section 7 Plat", according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida (Case No. 5-SP-04); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10353 by title. Commissioner Portner seconded by Vice Mayor Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures and Paul Fazio, President waived his quasi-judicial rights. Mr. Fazio said the City has been very helpful, and an expansion plan was contained in the original site plan but Mr. Fazio did not think the business would grow so quickly. Community Development Director King gave a presentation. Commissioner Sultanof asked if the architecture would be the same as the existing building and if the same items would be produced. Mr. Fazio responded in the affirmative. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and Commissioner Portner "yes". Motion carried. RESOLUTION NO. R2004-46 13. REVISED DEVELOPMENT ORDER NO. 288.3 AND MAJOR REVISED SITE PLAN APPROVAL — CITY FURNITURE: (TR10354) Motion to approve Resolution issuing Revised Development Order No. 288.3 and granting Major Revised Site Plan approval for City Furniture to allow removal of one (1) row of parking and a drive -aisle at the east side of the warehouse to create an additional loading area, the expansion of the existing showroom into the first floor of the expanded warehouse, the construction of a new 17,125 square' foot mezzanine showroom to the existing building and the addition of a guard house at the northeast entrance, including a Parking Waiver request of 103 parking spaces to allow a total of 1,029 parking spaces where 1,143 are required per the City of Tamarac Code of Ordinances, located at 6701 Hiatus Road, specifically portions of Tract 5, 14, and 15 of the "Florida Fruit Lands Subdivision No. 2" Plat, according to the Plat thereof as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida; Parcel "A" of the "Gould South" Plat, according to the Plat thereof as recorded in Plat Book 159, Page 11; and Parcel "C" of the "S&N" Plat, according to the Plat thereof as recorded in Plat Book 154, Page 38 of the Public Records of Broward County, Florida (Case No. 3-SP-04); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10354 by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures and Rick Hassler, Director of Real Estate for March 10, 2004 7 City Furniture and Jeffrey Peal, Architect waived their quasi-judicial rights. Mr. Hassler said City Furniture is pleased to work with the elected officials and staff of Tamarac. All have helped City Furniture build a successful business in Tamarac. Commissioner Sultanof asked if the City Furniture Trucks could have Ft. Lauderdale replaced with Tamarac, and also asked if the roof could have verbiage on it stating City Furniture, Tamarac, Florida. Vice Mayor Roberts was in agreement with Commissioner Sultanof's requests. Mr. Hassler said the sign on the roof could be added after the expansion is completed. Mayor Schreiber asked if the addition would eliminate the trailers and Mr, Hassler said it would. Vice Mayor Roberts spoke about the hedge on Hiatus Road and that it is always trimmed low. Mr. Hassler said the hedge grows better in some places than others but City Furniture would proceed to the next step if necessary. Mayor Schreiber opened the public hearing and with no one wishing to speak closed the public hearing. Community Development Director King gave a presentation. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes". Motion carried. RESOLUTION NO. R2004-27 END OFQUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS Mayor Schreiber encouraged everyone to visit City Hall. There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 8:40 p.m. MARION SWE SON, CMC CITY CLERK JOE SCHREIBER MAYOR March 10, 2004 8 [.- I