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HomeMy WebLinkAbout2003-09-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING MAINLANDS 6 CIVIC ASSOCIATION WEDNESDAY SEPTEMBER 10, 2003 CALL TO ORDER: Mayor Schreiber called the regular city commission meeting to order at 7:00 p.m. on Wednesday, September 10, 2003 at Mainlands 6 Civic Association, 4920 NW 51 Court, Tamarac, FL. 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. Mayor Schreiber thanked the Mainlands 6 residents for the use of their clubhouse. PLEDGE OF ALLEGIANCE LED BY: Commissioner Beth Flansbaum-Talabisco. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Finance Director Newman to Mayor and City Commission, of a Certificate of Excellence for the Investment Policy awarded to the City of Tamarac from the Municipal Treasurers' Association. Mayor Schreiber accepted and said this is a credit to the city operation and Tamarac. REPORTS 2. City Commission: Mayor Schreiber said he is pleased to announce that at the next meeting the City Commission is going to approve an additional $15,000 senior homestead exemption; within two years we will have the full $25,000 exemption in place. Commissioner Portner said it is a pleasure to come to Mainlands 6 and the Commission has received the warmest welcome ever. Commissioner Partner said Mainlands 6 residents are the strongest supporters of Tamarac and it is an extreme pleasure for him to be the first to bring a Commission meeting outside city hall. Commissioner Portner thanked everyone for attending. Vice Mayor Roberts expressed thanks to Mainlands 6 and said it is wonderful seeing all the people who came out for tonight's meeting to see the Commission in action. Commissioner Sultanof thanked Mainlands 6 and said he had been here during the campaigns. Commissioner Sultanof said we should remember tomorrow, 9-11, and September 10, 2003 1 said there have been other invasions; it is important to remember the men and women who have served our country. We will survive and the best is yet to come. Commissioner Flansbaum-Talabisco thanked everyone at Mainlands 6 and said she is honored to be here. Commissioner Flansbaum-Talabisco spoke about her visits to the twin towers site and said we should take time to remember all those who perished. Commissioner Flansbaum-Talabisco said we should give each other a hug and remember how blessed we are. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported that MSK Precision Products, Inc., a division of Brinkman International Group has relocated its manufacturing operation to a 35,000 square foot facility in Tamarac Commerce Park at 10101 NW 67th Street, previously occupied by ITW-Mims. MSK is a manufacturer and assembler of precision turned products for aerospace, medical, telecommunications and commercial industries, and employs about 80 people. Another CERT class was completed adding 14 trained residents to the 350 that have previously completed the program. On October 18, Tamarac Fire Rescue will host its annual open house; the public is welcome and encouraged to attend. The Parks and Recreation Department will host the Junior Orange Bowl Queen Pageant on October 4 at 7:00 p.m. at Tamarac Community Center. 5. PUBLIC PARTICIPATION: Lynn Andrus, 4951 NW 55th Street, spoke about problems resulting from pressure cleaning her shingle roof after receiving a code enforcement citation. City Manager Miller said normally shingle roofs are chemically cleaned. Mayor Schreiber explained the idea is to help people keep their property clean so property values remain high. Commissioner Portner said according to code compliance personnel the best way to clean a shingle roof is by spraying it with ordinary bleach and leaving it on. City Manager Miller suggested Ms. Andrus speak with Community Development Director King about the city's home repair program. Loretta Bacus, 4915 NW 55th Street, spoke about a similar situation that occurred 5 years ago. Mayor Schreiber said the problem should be looked into so future incidents are prevented. Denise Raymond, 4927 NW 55th Court, spoke about setback problems and the need for and cost of a variance regarding installation of screening on her house. Mayor Schreiber said the fee for a variance is too steep and should be reduced. City Manager Miller said consideration could be given to a reduction of the fee for single- family homeowners and suggested Ms. Raymond speak with Community Development Director King. Anita Marsh, 4948 NW 55th Street, spoke about low flying airplanes on approach to landing at Executive Airport. Mayor Schreiber said an agreement was to be signed changing the routes and asked Ms. Marsh to send him a letter for follow-up with the airport. Mercedes Reynolds, 4906 NW 52" d Court, spoke about cars speeding on Rock Island Road and Mayor Schreiber suggested Ms. Reynolds speak with Chief Dugger. Jasmine Barnaby, 5003 NW 50th Street, commended the Commission for holding this meeting in the community. Dot Murphy, 5008 NW 50th Court, said the Mayor and Commission's presence in the community means so much to the grassroots; many of these people have never attended a Commission meeting. Ms. Murphy said the Tamarac Presidents Council appreciates the Commission giving seniors the full September 10, 2003 2 $25,000 exemption. Mayor Schreiber said it is good to hear everyone's comments at tonight's meeting; the city belongs to the people and they should take good care of it. Commissioner Portner seconded by Commissioner Sultanof moved the removal of item 6(c) from the agenda. AGREEMENT — TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT: (TR10180) Executing a Site Lease Agreement with AT&T Wireless Service of Florida 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. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. CONSENT AGENDA 6. Commissioner Sultanof seconded by Commissioner Portner moved approval of all items on the consent agenda with the exception of Item 6(c) which was removed from the agenda. On roll call Vice Mayor Roberts voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes', Commissioner Sultanof "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the August 27, 2003 regular City Commission meeting. APPROVED b. APPROVE the minutes of the September 4, 2003 special City Commission meeting. APPROVED C. AGREEMENT — TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT: (TR10180) Executing a Site Lease Agreement with AT&T Wireless Service of Florida 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. REMOVED FROM AGENDA d. ADDENDUM TO AGREEMENT - METROPCS - LEASE OF PROPERTY: (TR10221) Executing the first addendum to site lease agreement between City of Tamarac and MetroPCS California/Florida, Inc., for the lease of property for installation of a telecommunications antenna and associated equipment. RESOLUTION NO. R2003-206 e. BID AWARD — FURNISH, DELIVER AND DISCHARGE OF QUICKLIME: (TR10230) Awarding Bid 03-24B, "Furnish, Deliver and Discharge of Quicklime" to and executing an agreement with Chemical Lime Company of Alabama, Inc. for a period of one year with four (4) additional one-year renewal options, issued on behalf of the Southeast Florida Governmental Purchasing Cooperative. RESOLUTION NO. R2003-207 f. SINGLE FAMILY SOLID WASTE COLLECTION SERVICES RATE INCREASE: (TR10234) Authorizing an increase in the Single -Family Solid Waste Collection Services monthly rate from $16.56 to $17.31, effective October 1, 2003; September 10, 2003 3 authorizing an increase in the purchase price of City Logo Bags from $1.31 to $1.38, effective October 1, 2003. RESOLUTION NO. R2003-208 g. MULTI -FAMILY SOLID WASTE COLLECTION SERVICES RATE INCREASE: (TR10235) Authorizing a tipping fee increase of $0.152 per cubic yard and a Consumer Price Index increase of 2.87% for Residential Multi -Family Solid Waste Collection Services, effective October 1, 2003. RESOLUTION NO. R2003-209 h. GRANT APPLICATION — DEVELOPMENT OF SOUTHGATE LINEAR PARK: (TR10228) Seeking grant funding in the amount of $200,000 from the Department of Environmental Protection through the Florida Recreation Development Assistance Program for the development of Southgate Linear Park. RESOLUTION NO. R2003-210 i. FMIT PROPERTY AND CASUALTY PREMIUM FOR FY04: (TR10239) Renewal of Property, General Liability, Automobile Liability, Automobile Physical Damage and Workers' Compensation lines of coverage with the Florida Municipal Insurance Trust for a one (1) year period beginning October 1, 2003 at a cost of $1,017,030, and payment of any increase resulting from the annual premium audit. RESOLUTION NO. R2003-211 END OF CONSENT AGENDA REGULAR AGENDA 7. APPOINTING VOTING DELEGATE TO THE NATIONAL LEAGUE OF CITIES' ANNUAL BUSINESS MEETING AT THE CONGRESS OF CITIES IN NASHVILLE, TENNESSEE: (TR10229) Appointing as the City of Tamarac's Voting Delegate to the National League of Cities' Annual Business Meeting at the Congress of Cities in Nashville, Tennessee; appointing as the City of Tamarac's Alternate Delegate to the National League of Cities' Annual Business Meeting at the Congress of Cities in Nashville, Tennessee; directing the City Clerk to send a copy of this Resolution to the National League of Cities. City Attorney Kraft read Temporary Resolution 10229 by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Vice Mayor Roberts seconded by Commissioner Portner moved appointment of Commissioner Portner as voting delegate and Mayor Schreiber as alternate voting delegate. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Partner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes'. Motion carried. Commissioner Partner seconded by Commissioner Sultanof moved approval of Temporary Resolution 10229, as amended, appointing Commissioner Portner as voting delegate and Mayor Schreiber as alternate voting delegate. On roll call Commissioner Portner voted "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes', and Commissioner Flansbaum-Talabisco "yes". Motion carried. City Attorney Kraft added that the Commission discussed this item in open session at Monday's workshop meeting. RESOLUTION NO. R2003-212 September 10, 2003 4 ORDINANCE - FIRST READING 8. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTION 24-71: (T02018) Motion to adopt Ordinance on first reading amending Chapter 24 of the City of Tamarac Code of Ordinances entitled, "Zoning", Section 24-71 entitled "Review and Consideration of Variances and Appeals by the Planning Board" authorizing the City to collect a fee for processing a variance application (Case No. 31-Z-03); providing for codification. City Attorney Kraft read Temporary Ordinance 2018, Revision No. 1, on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. APPROVED ON FIRST READING SEPTEMBER 10, 2003 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES - SECOND READINGS 9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTIONS 24-71 (e) AND (g): (T02016) Motion to adopt Ordinance on second reading amending Chapter 24 of the City of Tamarac Code of Ordinances entitled "Zoning", Article II "Administration", Division 3 "Planning Board", Section 24-71 entitled "Review and Consideration of Variances and Appeals by Planning Board", by eliminating references to Board of Adjustment; providing for codification. City Attorney Kraft read Temporary Ordinance 2016 on second reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Community Development Director King gave a presentation and noted this clarifies the code by eliminating references to the Board of Adjustment since the Planning Board now considers variances. Mayor Schreiber opened the public hearing. Sylvia Doubleday, 4926 NW 52"d Court, spoke about elimination or reduction of the fee for processing variance applications. Community Development Director King said the fee is tied to Item 8 on the agenda. Mayor Schreiber suggested people's ability to pay be looked into and the fee be waived or reduced if necessary. Community Development Director King said the Mayor and Commission have the ability to waive the fee. Commissioner Sultanof asked Community Development Director King to find the means to adjust the fee for single- family homes and bring it to the Commission. Community Development Director King responded he anticipates the fee schedule coming before the Commission in November. Commissioner Portner confirmed that Item 8, T02018, gives the Commission the ability to set fees by resolution. 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. ORDINANCE NO. 0-2003-19 10. AMENDING CHAPTER 2 OF THE TAMARAC CODE — ARTICLE III, CREATING DIVISION 14 ENTITLED "ECONOMIC DEVELOPMENT ADVISORY COMMITTEE: (T02019) Motion to adopt Ordinance on second reading amending Chapter 2 of the City of Tamarac Code of Ordinances entitled, "Administration", Article September 10, 2003 5 III "Boards, Committees, Commissions", creating Division 14 entitled, "Economic Development Advisory Committee", Sections 2-234.37 through 2-234.42 as provided herein to serve in an advisory capacity in matters relating to economic development within the City of Tamarac; providing for appointment of new board members and providing for specified duties (Case No. 32-Z-03); providing for codification. City Attorney Kraft read Temporary Ordinance 2019 on second reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber explained the idea is to foster economic development which builds up the tax base, enabling the city to provide public services. Mayor Schreiber opened the public hearing and Jay Koutcher, 8173 Royal Palm Court, said more people would be willing to serve on boards and committees if the meeting times were later. Mayor Schreiber said this is a possibility as we want to encourage more participation. With no one else wishing to speak, Mayor Schreiber 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. 0-2003-20 11. AMENDING CHAPTER 16 OF THE TAMARAC CODE — ARTICLE VIII, POLICE OFFICER PENSION PLAN: (TO2021) Motion to adopt Ordinance on second reading amending Chapter 16, Pensions and Retirement, Article VIII - Police Officer Pension Plan; providing for a subsidy benefit of $220.00 per month for participants who retire on or after 10/01/02; providing for codification. City Attorney Kraft read Temporary Ordinance 2021, Revision No. 1, on second reading by title. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval. Mayor Schreiber said this is state mandated and opened the public hearing. Sylvia Doubleday, 4926 NW 52nd Court, asked what percentage came onto the Tamarac force as former policemen. Mayor Schreiber asked Ms. Doubleday to leave her name as this would have to be researched by the pension board. Commissioner Sultanof confirmed that the men in the Tamarac police department were not from the outside and this benefit comes out of the pension fund. With no one else wishing to speak, Mayor Schreiber 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. ORDINANCE NO. 0-2003-21 QUASI-JUDICIAL HEARINGS City Attorney Kraft said numbers 12, 13, 14 and 15 on the agenda are companion items and could be heard together with separate motions. 12. AMENDING PRIOR ZONING — "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" PLAT: (TO2017) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property (aka: Fort Lauderdale Truck Farms Subdivision Plat) from B-2 (Community Business District) to R-4A (Planned Apartment Residential District) lands commonly known as a portion of Tract 15 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, September 10, 2003 6 located at the northwest corner of NW 57th Street and NW 79th Avenue (Case No. 28-Z- 03); providing for amendment of the official zoning map to reflect such change. 13. DEVELOPMENT ORDER AND PLAT APPROVAL — "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" PLAT: (TR10207) Motion to approve Resolution issuing Development Order No. 325 and granting Plat approval of a boundary plat for the "Tuscany Plat" requested by Holland & Knight, LLP, located on the northwest corner of NW 79th Avenue and NW 57th Street, specifically a replat of a portion of Tract 15 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida (Case No. 18-P-03); providing for conditions of approval; providing for execution of said plat. 14. SPECIAL EXCEPTION — TUSCANY TOWN HOMES: (TR10231) 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-4A (Planned Apartment Residential District) zoning category to Tuscany Town Homes, located on the northwest corner of NW 57th Street and NW 79th Avenue, specifically a portion of Tract 15 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida (Case No. 29-Z-03); providing for conditions of approval. 15. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — TUSCANY TOWN HOMES: (TR10236) Motion to approve Resolution issuing Revised Development Order No. 325.1 and granting New Development Site Plan approval to Tuscany Town Homes to allow the construction of an eighty-six (86) unit town home development with associated parking, landscaping and infrastructure improvements, located at the northwest corner of NW 79th Avenue and NW 57th Street, specifically a portion of Tract 15 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida (Case No. 16-SP-03); providing for conditions of approval. City Attorney Kraft read Temporary Ordinance 2017 on second reading by title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft read Temporary Resolution 10207 by title. Commissioner Partner seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft read Temporary Resolution 10231 by title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft read Temporary Resolution 10236 by title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney Gerald L. Knight waived his quasi-judicial rights for Items 12, 13, 14 and 15 on behalf of the applicant. Community Development Director King gave a presentation on Items 12, 13, 14 and 15. Community Development Director King noted that upon completion of the September 10, 2003 7 main street feasibility study, United Homes complied with staff's request to re -orient 20 homes along 57th Street. Community Development Director King explained the ingress/egress points along 79th Avenue and 57th Street and said this project is a great kick-off to get Main Street moving forward. Mayor Schreiber said property values will be enhanced with the development of Main Street. Vice Mayor Roberts questioned units per acre and expressed concern about traffic on 57th Street. Community Development Director King responded there will be 10 units per acre based off gross acreage; the opening closest to 79th Avenue is an entrance to the development only, and the westernmost opening is a right turn out only. Commissioner Portner said Tamarac is fortunate in that Community Development Director King insists the right thing be done and developers understand this and comply. Commissioner Sultanof commended Mr. Mijares for working with the city. Mayor Schreiber opened the public hearing. Sylvia Doubleday, 4926 NW 52"d Court, spoke about overcrowding in the schools. Community Development Director King responded the school board determined there will be sufficient capacity. Pat Cavallino, 4915 NW 51 st Avenue, asked why single-family homes are not being built and Mayor Schreiber said it may not be economically feasible; development is based on size of the area. Tony Mijares, United Homes International, explained that smaller parcels require a higher density development to be financiallX feasible. Jay Koutcher, 8173 Royal Palm Court, spoke about traffic concerns on 79t Avenue across from the post office and the city's lack of an education advisory board. Mayor Schreiber said the post office is a major problem and has outgrown its usefulness. Commissioner Portner said he had discussed an education board at a Commission workshop and believes the matter now lies with Stephanie Kraft. City Manager Miller confirmed that Stephanie Kraft has asked for Commission and staff participation on the board. Helen Thomas, 4111 NW 47th Court, spoke about the proliferation of multi -family developments, and Mayor Schreiber said due to the economy and value of land, development of multi -family homes is more economically feasible. Commissioner Sultanof said there is a good balance in Tamarac. Antoinette Cangello, 4951 NW 57th Terrace, questioned the schools' absorption of children from this development and Community Development Director King explained the process followed in determining the numbers. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Temporary Ordinance No. 2017, on roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum- Talabisco "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2003-22 Temporary Resolution No. 10207, 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. R2003-213 Temporary Resolution No. 10231, on roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and Commissioner Partner "yes". Motion carried. RESOLUTION NO. R2003-214 September 10, 2003 8 Temporary Resolution No. 10236, on roll call Commissioner Partner voted "yes", Vice Mayor Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2003-215 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 8:30 p.m. MARION SWENSON, CMC CITY CLERK 1 1 September 10, 2003 9 JOE SCHREIBER MAYOR