No preview available
HomeMy WebLinkAbout2003-07-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JULY 9, 2003 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 P.M. on Wednesday, July 9, 2003, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Partner, 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 LED BY: Vice Mayor Karen L. Roberts INTRODUCTION 1. PROCLAMATIONS/SPECIAL RECOGNITIONS: a. Presentation by Randy Hibshman of a plaque to the Mayor and Commissioners for their support of Challenger baseball. Mayor Schreiber accepted on behalf of the Commission and City of Tamarac. b. Presentations of Tamarac's 40th Anniversary Classic Car Show Awards. This item was pulled from the agenda. REPORTS 2. _City Commission: Mayor Schreiber said celebration of the holiday and Tamarac's 40 anniversary on July 41h was a magnificent event, with about 25,000 people in attendance. Commissioner Portner had no report. Vice Mayor Roberts congratulated the City of Tamarac and Parks and Recreation Director Margoles and staff on Tamarac having been chosen as City of the Year by the State Special Olympics. Commissioner Sultanof had no report. Commissioner Flansbaum-Talabisco said this was her first 41h of July as Commissioner and was the best she has ever had; the fireworks were `over the moon'. Commissioner Flansbaum-Talabisco thanked Parks and Recreation Director Margoles and Parks and Recreation team and staff; and said it was terrific seeing so many people in attendance at the event. July 9, 2003 1 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported Fire Chief Jim Budzinski was appointed chair to the subcommittee of the National Fire Code Council. Fire Rescue's Sergio Garces is to return to Tamarac in late July from service in Saudi Arabia and firefighter/paramedic Percy Sayles was selected as Florida paramedic of the year by the Broward EMS Provider's Council. City Manager Miller also reported that Joe Braden, volunteer coach for the Tamarac Cougars tackle football team, was chosen by the NFL to attend an all expense paid coaching summit in Canton, Ohio because of his dedication to the children of Tamarac and his hard work as a coach and role model. City Manager Miller welcomed Jack Strain to Tamarac and said his nomination as Public Works Director is on tonight's consent agenda. PUBLIC PARTICIPATION 5. PUBLIC PARTICIPATION: Stewart Webster, 7900 Colony Circle South, Tamarac and Don Rosenthal, 5711 NW 56 Place, Tamarac, spoke about recent appointments to the Planning Board. CONSENT AGENDA 6. Commissioner Portner seconded by Commissioner Sultanof moved removal of item 6(c) from the consent agenda for discussion. 6(c). FIRE RESCUE ASSESSMENTS: (TR10167) Relating to the provision of fire rescue services, facilities and programs in the City of Tamarac, Florida; establishing the estimated assessment rate for fire rescue assessments for the fiscal year beginning October 1, 2003; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof. On roll call Commissioner Portner voted "yes", Commissioner Sultanof "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Roberts "yes". Motion carried. Commissioner Portner seconded by Commissioner Sultanof moved removal of item 6(d) from the consent agenda for discussion. 6(d). PROPOSED MILLAGE RATE FY04: (TR10161) Authorizing the City Manager to send a proposed millage rate of 5.9999 mills to the property appraiser for fiscal year 2004 and setting September 4th 2003 at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the date, time and place for the first public budget hearing; setting SVember 11th 2003 at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88t Avenue, Tamarac, Florida as the date, time, and place for the second public budget hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and Commissioner Partner "yes". Motion carried. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval of all items on the consent agenda except items 6(c) and 6(d), which were removed for discussion. On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Commissioner Sultanof "yes". Motion carried. July 9, 2003 2 LJ a. APPROVE the minutes of the June 25, 2003 regular City Commission meeting. APPROVED b. APPROVE the minutes of the June 25, 2003 special City Commission meeting. APPROVED C. FIRE RESCUE ASSESSMENTS: (TR10167) Relating to the provision of fire rescue services, facilities and programs in the City of Tamarac, Florida; establishing the estimated assessment rate for fire rescue assessments for the fiscal year beginning October 1, 2003; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof. REMOVED FROM CONSENT AGENDA FOR DISCUSSION d. PROPOSED MILLAGE RATE FY04: (TR10161) Authorizing the City Manager to send a proposed millage rate of 5.9999 mills to the property appraiser for fiscal year 2004 and setting September 4th, 2003 at 5:30 p.m, at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the date, time and place for the first public budget hearing; setting September 11th, 2003 at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the date, time, and place for the second public budget hearing. REMOVED FROM CONSENT AGENDA FOR DISCUSSION e. AGREEMENT — TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT: (TR10146) Executing a site lease agreement and memorandum of agreement with METROPCS California/Florida, Inc. for the installation of a telecommunications antenna and associated equipment on the existing tower at Tamarac Sports Complex; authorizing the appropriate city officials to execute any permit applications as may be required on behalf of the City as owner of the property. RESOLUTION NO. R2003-160 f. VOTING DELEGATE — 2003 FLORIDA LEAGUE OF CITIES' ANNUAL CONVENTION: (TR10172) Appointing Commissioner Edward C. Partner as the City of Tamarac's voting delegate to the 2003 Florida League of Cities' Annual Conference; directing the City Clerk to send a copy of this Resolution to the Florida League of Cities. RESOLUTION NO. R2003-161 g. LAW ENFORCEMENT TRUST FUND — CAPITAL EQUIPMENT AND SUPPLIES: (TR10115) Authorizing the Broward County Sheriff's Office District VII (BSO) to use Law Enforcement Trust Fund (LETF) monies to purchase through its purchasing division various capital equipment and supplies in the amount of $33,302.00. RESOLUTION NO. R2003-162 July 9, 2003 3 h. GRANT AGREEMENT — IMPROVEMENTS TO VETERAN'S PARK PARKING AREA: (TR10178) Executing a grant agreement with Broward County to accept a Broward Boating Improvement Grant in the amount of $49,810 to enhance recreational boating opportunities at Veteran's Park; authorizing the appropriate City officials to amend the grants fund budget in the amount of $49,810 during third quarter revisions in accordance with proper accounting procedures. RESOLUTION NO. R2003-163 i. REDISTRICTING COMMITTEE'S REPORT: (TR10150) Accepting the Redistricting Committee's Report dated May 28, 2003; authorizing and directing the City Clerk to forward the Redistricting Committee's Report to the Broward County Supervisor of Elections. RESOLUTION NO. R2003-164 j. APPOINTMENT — DIRECTOR OF PUBLIC WORKS: (TR10181) Appointing Roger J. Strain as Director of Public Works effective August 25, 2003, or at such earlier date as is mutually agreed upon. RESOLUTION NO. R2003-165 k. CAPORELLA PARK IMPROVEMENTS: (TR10176) Awarding Bid No. 03-20B, entitled "Caporella Park Improvements" to Q Construction, Inc.; authorizing the appropriate City Officials to execute an agreement between the City of Tamarac and Q Construction, Inc. for Bid No. 03-20B for an amount not to exceed $332,500. RESOLUTION NO. R2003-166 END OF CONSENT AGENDA REGULAR AGENDA 6c. FIRE RESCUE ASSESSMENTS: (TR10167) Relating to the provision of fire rescue services, facilities and programs in the City of Tamarac, Florida; establishing the estimated assessment rate for fire rescue assessments for the fiscal year beginning October 1, 2003; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Vice Mayor Roberts said she cannot vote yes in good conscience because she is not in favor of the proposed $113 fee; she would prefer it to be a two-phase process. Commissioner Portner said a two -phased process would appear to the residents that taxes were being raised twice. Commissioner Sultanof added it is important that residents realize other cities are charging more than Tamarac and putting forth the charge one time rather than a two-phase process is better. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "no", and Commissioner Partner "yes". Motion carried. RESOLUTION NO. R2003-167 6d. PROPOSED MILLAGE RATE FY04: (TR10161) Authorizing the City Manager to send a proposed millage rate of 5.9999 mills to the property appraiser for fiscal year 2004 and setting September 4t" 2003 at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N,W, 88th Avenue, Tamarac, Florida as the date, time and place for July 9, 2003 4 the first public budget hearing; setting September 11 th, 2003 at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the date, time, and place for the second public budget hearing. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes', and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2003-168 7.0 MOTION TO RECONSIDER TEMPORARY RESOLUTION 10164, AGREEMENT BETWEEN CITY AND MARTIN OUTDOOR MEDIA INC. FOR BUS BENCH DESIGN CONSTRUCTION INSTALLATION AND MAINTENANCE: (TR10164) Awarding RFP No. 03-10R to and executing an agreement with Martin Outdoor Media, Inc. to furnish bus benches for the City of Tamarac for a five year period beginning July 16, 2003 through July 15, 2008 with an option to renew for an additional five year period. Commissioner Partner said he is requesting that 7.0 on the regular agenda be tabled as he had asked before for further discussion. A lot of information came to him recently that he does not believe the staff or Commission is aware of; and he asked that his request be honored and show him the courtesy of the item remaining tabled to the August 27 meeting. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved reconsideration of Temporary Resolution 10164. On roll call Commissioner Portner voted "yes", Commissioner Flansbaum- Talabisco "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. MOTION APPROVED 7.01 AGREEMENT BETWEEN CITY AND MARTIN OUTDOOR MEDIA INC. FOR BUS BENCH DESIGN CONSTRUCTION INSTALLATION AND MAINTENANCE: (TR10164) Motion to approve Resolution awarding RFP No. 03-1OR to and executing an agreement with Martin Outdoor Media, Inc. to furnish bus benches for the City of Tamarac for a five year period beginning July 16, 2003 through July 15, 2008 with an option to renew for an additional five year period. City Attorney Kraft read Temporary Resolution 10164 by title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. Commissioner Portner seconded by Commissioner Sultanof moved to table Temporary Resolution 10164 to August 27, 2003. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum- Talabisco "no", Commissioner Portner "yes", Vice Mayor Roberts "no", and Mayor Schreiber "no". Motion failed. Commissioner Portner said he had not seen the contract and there is a lot of information about the firm that the Mayor and Commission is not aware of; he suggested a special workshop meeting to discuss the item. Vice Mayor Roberts said the item had already been tabled, and there was discussion about it. The Commission needed to move forward. Mayor Schreiber said according to the record, Martin Outdoor Media is the higher bidder, and the Commission must move ahead with the information provided by staff. If the selected vendor does not perform, the Commission will take appropriate action. Commissioner Portner read a letter into the record from the City of Hollywood (attached). On roll call Commissioner Sultanof July 9, 2003 5 voted "no", Commissioner Flansbaum-Talabisco "yes", Commissioner Portner "no", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2003-169 ORDINANCE — FIRST READING 7. AMENDING SECTION 22-132 OF THE TAMARAC CODE — RETURN OF UTILITY CUSTOMER DEPOSITS: (TO2014) Motion to adopt Ordinance on first reading amending Chapter 22 entitled, "Utilities", Article III entitled, "Rates and charges and billing procedure", Division 4 entitled, "Billing and discontinuance of service", Section 22-132 entitled, "Consumer deposit", allowing for the return of consumer deposits for customers in good financial standing; providing for codification. City Attorney Kraft read Temporary Ordinance 2014, Revision #1, on first reading by title. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval. City Manager Miller explained that deposits will be returned to customers with good financial standing. Commissioner Portner asked for a definition of good financial standing. Finance Director Newman explained the criteria on which good financial standing is based. Vice Mayor Roberts confirmed that if the customer's financial standing deteriorated, then a new deposit would be requested. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Partner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS 8. AMENDING COMPREHENSIVE PLAN — ICE: (TO1976) Motion to adopt Ordinance on second reading adopting an amendment to the Intergovernmental Coordination Element (ICE) of the City of Tamarac Comprehensive Plan to address coordination efforts among government agencies that relate to conservation of natural areas, parks and recreation areas and preservation of open spaces. City Attorney Kraft read Temporary Ordinance 1976 on second reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. ORDINANCE NO. 0-2003-15 QUASI-JUDICIAL HEARINGS 9. AMENDING PRIOR ZONING — "SOUTHGATE AT NOB HILL PLAT": (TO2010) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property (a/k/a: Southgate at Nob Hill Plat) from B-1 (Neighborhood Business District) to R-3 (Low -Density Multi -Family Residential District) lands commonly known as Parcel "A" of the "Southgate at Nob Hill Plat", July 9, 2003 6 according to the Plat thereof as recorded in Plat Book 170, Pages 40 and 41 of the Public Records of Broward County, Florida, located at the southeast corner of Nab Hill Road and Southgate Boulevard (Case No. 13-Z-03); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft said items 9, 10, and 11 are companion items, and suggested they be considered at one time, with individual motions. City Attorney Kraft read Temporary Ordinance 2010 on second reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. City Attorney Kraft read Temporary Resolution 10168 by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft read Temporary Resolution 10173 by title. Commissioner Partner seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Jay Huebner, Carnahan, et al., waived his quasi judicial rights. Community Development Director King gave a presentation and said residents from Spring Lake voiced opposition but the developer met with the community and informed Community Development staff that all matters have been addressed. Commissioner Partner asked about the different size buildings and Mr. Huebner said some have more units. Mayor Schreiber opened the public hearing. Sam Schwartz, Concord Village, asked for some vehicle by which the audience could see the renderings. There being no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "no". Motion carried. ORDINANCE NO. 0-2003-16 10. SPECIAL EXCEPTION — PRESTIGE COMMONS: (TR10168) Motion to approve Resolution granting a Special Exception to allow the construction of more than one (1) principal building on the subject property in an R-3 (Low -Density Multi - Family Residential District) zoning category to Prestige Commons, located on the southeast corner of Nob Hill Road and Southgate Boulevard, specifically Parcel "A" of the "Southgate at Nab Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Pages 40 and 41 of the Public Records of Broward County, Florida (Case No. 12- Z-03); providing for conditions of approval. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "no", Commissioner Flansbaum-Talabisco "yes', Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2003-170 11. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — PRESTIGE COMMONS: (TR10173) Motion to approve Resolution issuing Revised Development Order No. 310.1 and granting New Development Site Plan approval to Prestige Commons to allow the construction of a fifty-three (53) unit town home development with associated parking, landscaping and infrastructure improvements, located at the southeast corner of Nob Hill Road and Southgate Boulevard, specifically Parcel "A" of the "Southgate at Nob Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Pages 40 and 41 of the Public Records of Broward County, Florida (Case No. 8-SP-03); providing for conditions of approval. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "no", and Commissioner Portner "yes". Motion carried. RESOLUTION NO. R2003-171 July 9, 2003 7 12. SPECIAL EXCEPTION — CHAMPIONS PRESCHOOL, INC.:_ (TR10174) Motion to approve Resolution granting a Special Exception to allow the operation of daycare/preschool in a B-2 (Community Business District) zoning category to Champions PreSchool, Inc. located at 5835 North University Drive in the Midway Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida (Case No. 23-Z-03); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10174 by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Jorge Morrell, Woolbright Development, Inc., Stefano DeLuca, Architect, and Andrea Velandia, Director, waived their quasi-judicial rights. Community Development Director King gave a presentation. Commissioner Sultanof asked if this is a new building and Mr. Morrell said part of it is new. Commissioner Sultanof questioned the glass windows and said at one time the school board turned down this type of storefront for classroom use because of the glass. Mr. Morrell said this is a third location for this business and HRS has given preliminary approval. Commissioner Flansbaum-Talabisco questioned parking and drop-off and possible traffic problems backing up to University Drive. Mr. Morrell said these issues have been addressed and there will be runners taking the children from the cars and bringing them to the building. Additionally, there will be designated parking and parents will have to comply with the rules. Commissioner Portner said he had a concern with children being at the center all day as it will be open from 6:00 a.m. — 10:30 p.m. Mr. Morrell said this is a concept used at the other centers, and it affords child care for parents who work odd shifts or evenings. Commissioner Portner asked the age of the children and questioned sleeping and feeding facilities. Mr. DeLuca said there are play areas, bathing facilities, an after school room and two snacks are provided for those children during the day and those there in the evenings. Children range in age from infant to four years. Vice Mayor Roberts questioned the 72" high chain link fence and Community Development Director King said this is allowed except in the front of properties. Vice Mayor Roberts asked what type of business would back up to the playground and Mr. Morrell said there is a fence and sidewalk along the back of the center. The incoming business would most likely be retail. At present negotiations are ongoing with a small ice cream shop. Vice Mayor Roberts asked about the after school room and Ms. Velandia said it is for summer campers and those coming from public schools. Bus service will be provided. Mayor Schreiber opened the public hearing. Sam Schwartz, Concord Village asked if a nurse is on the premises and Ms. Velandia said there is a nurse for the infants. With no one else wishing to speak, Mayor Schreiber closed the public hearing. 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. R2003-172 13. SPECIAL EXCEPTION — U-HAUL: (TR10175) Motion to approve Resolution granting a Special Exception to allow the expansion of the existing U-Haul dealership to consist of twenty (20) rental trucks and fifteen (15) trailers in a B-3 (General Business District) zoning category to Pack & Ship/U-Haul located at 10018 West McNab Road in the Tamarac Marketplace Shopping Center, specifically Tract "A" of July 9, 2003 8 the "Tamarac Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida (Case No. 24-Z- 03); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10175, Revision #1, on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures and Deborah Moore waived her quasi-judicial rights. Community Development Director King gave a presentation. Commissioner Sultanof asked if all factors requested by the previous (original) owner were incorporated and Community Development Director King said they were. Commissioner Portner asked the size of the largest truck and trailer, and Ms. Moore said it is a 24' truck and a 6x12 trailer. 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. R2003-173 14. SPECIAL EXCEPTION — HESS SERVICE STATION: (TR10155) Motion to approve Resolution granting a Special Exception to allow the operation of the Hess Service Station @ Southgate on a 24-hour per day/7 day a week basis within a B-2 (Community Business District) zoning category, located at 8550 North University Drive, specifically a portion of Lot 1, Block 12 of the "Lyons Commercial Subdivision No. 3" Plat, according to the Plat thereof as recorded in Plat Book 76, Page 31 of the Public Records of Broward County, Florida (Case No. 22-Z-03); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10155 by title. Commissioner Sultanof seconded by Commissioner Partner moved approval. City Attorney Kraft explained the quasi-judicial procedures and Richard Coker and Stuart Rachlin waived their quasi-judicial rights. Community Development Director King gave a presentation and said Mr. Coker had addressed the community's concerns regarding lighting and security. Mayor Schreiber asked what type of alcohol would be sold and Mr. Coker said beer and wine. Commissioner Portner asked how much business is actually done between 12:00 Midnight and 6:00 a.m. Mr. Coker said the slow early morning hours are devoted to inventory, cleaning and bookkeeping. There are some customers during those times, also. Commissioner Portner asked if there was more than one attendant on duty and Mr. Coker said no. There was discussion regarding the special exception to sell beer and wine. Mayor Schreiber asked if any other stations operate in this manner, and BSO Chief Dugger said there are stations in Tamarac that operate 24 hours. Commissioner Sultanof asked if BSO patrols in the area and BSO Chief Dugger replied in the affirmative. Vice Mayor Roberts said she had a problem with the station being open 24 hours. Mayor Schreiber opened the public hearing. Marvin Seidel, 9645 N. Belfort, spoke in opposition to the 24 hour proposal. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Commissioner Portner asked what type problems a 24 hour station has and BSO Chief Dugger said petty larcenies, some disturbance calls and a few domestics. On roll call Commissioner Flansbaum-Talabisco voted "no", Commissioner Partner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "no". Motion carried. RESOLUTION NO. R2003-174 July 9, 2003 9 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular meeting at 8:50 p.m. MARION SWENSON, CIVIC CITY CLERK JOE SCHREIBER, MAYOR 1 P July 9, 2003 10 FPCH : BEN-HA::-Z, F',AX W. :3J1999%''01 7u1 , D2 7033 12-* i8FrI P7 29Pt i r t GU 1 DDA/F-NG D: \(---4WC, G331 1 G? :8LL8 . A CITY of HOLLYWOOD, FLORIDA DEPAArAvMIfr OF RL DING AND ENCNcERINC SEM= w. ENGWICRfNc. DivisTaN March 21, 2003 Mr. Bcctt Martin, IprO$id2rt Martin Outdoor Media 3300 N. Surf Road $cite 23 Follywood, Florida 33019 (Hand Delivered) Cear Mr. Martin: The 5regineeering Division has completed a comprehensive inspectior of the bus benches installed throughout tFie: City of Hollywooe7 and found a signiftuant n�rlibol;- of installations to be inconsistent with the City's requirements and necessary standards for vehicle and pedestrian setety as provided in the contract. As stayed in the contImct, the following safetylwrivenience criteria shall be applicatries to all bus bench installations within the City's Right -of -Way: a. Unless Franchisee gains a prior written variance, ail benches shall be instaNd parallel with they adjaoant roadway. After prim approval by the Chy, placarnent of tenches at up to a thirty (30) degree angle w& the roadway Ma_y be Considered for an individual site where personal safety will not be affected. The City has not received any requests nor approved for variance. b. A minimum six (6) foot Setback from the edge 91 a drfvewgy shall b0 maintained. Additional safety standardG require a minimum 30" setback from the face of Curb or G' from an adjacent non -curbed road @age. e. A minimum throe (3) foot cidewatk clearance shaft be maintained. d. Benches snatl riot be located within twenty-five (25) feet of the right-of-way intarvection corrar, fire hydrant. fire or police call box or any other emergenw facility. e. VV4�d control under and immediately around the bench shall be maintained by the Franchisee. Z6AU �d bw+lsrard - !'.O. Sax azvo+Es Hallrwoad, FL }3�7z•9oL5 P6a�e (?54) 931-}x94 Fes (9�4j gzl-,34$1 w�hvU•woodf3.arg 'AA FgUar QV0.,...ity .&A 3er•is• PN9ViJ— Agedry- F'Pt='H ; ;?FH'71HP '= F�` t�G. : �!059999'301 7u 1 . :fin 1 =t.? 1 =': i*11 P4 7—.0 A•..,2ZIC..7i t .� �)�d;3Pol ' 1-f'.�' � OE-A,'F-1,40 Dl li"^HWV G7-431 1 FC 2481 L-y .e March 21, a 003 Mr_ Martin Page f. Nbench si ail be pt"ad in the median of a divided :`tighway. In addition, cs:s t*nches 111CI be :coated no more thatl ten (10) Peet away from the bus VOP ar"d only ;,ne bench writ bC allowed a, each bus 9tbp, except at the f.7ileyrrir,g 10C3tiOr,8. PLbliix at Young Circle, Greyhound ,tattoo at Young Circle, 441 & Washington St, 441 & Holly wood Svld., 441 & Tyler St., 441 & ,]ohnson St, &-d Stirling Rd & Sarazen Dr-; at which locations two beYnches wN be petmitted, excapt at the Young Cir(* Iocafts w",.ere five will be ,,)ermitted_ AISa, na bus aoncn will be perrnittec at bt.'s shelter locations, {r accorda :ce wit7 the contract provisions, please considar this letter as notice to !.aka irnme(14t* steps to review every bus bench location within the City and r~,are thte n4ce68ary corrections to refl*Ct the above noted requirements. Required removals Vd relocations shall be accomplished at the earliest ,: ppor v nity b',fl no later than March 341, 2007, 6enncher not complying with contract prcvi:s'tons after this date shall be r�mcved by the City. All casts a.tend'vnt there*o shall be paid b), Martin Outdcor Med:a_ iutare Aolations. sh;atl Le c�,nsidere d a breach of ountract pro4iscon anct subJect to appropriate actions, ;r,Qu.d you have ,any :questions. or desire further cic'JriliCBtlOnS Please do not "�riitate to eantac't myself at (9-5&,%-921-3254. Thank you for your ceoperatior. aid prompt aGsistar,ce in L*kls matter. 5,nceref�v, �� Ari>✓l i-i Ci�trorl Enc- c Cameron D. Berson, City Manager ;Icharei Lemack, Assistant City Manager Robeet Rawls, D'MCtor, Department of Suildl!rg & E-rtgineeHng See-jice~s Jonathan Vogt, Gity Engineer