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HomeMy WebLinkAbout2006-01-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY JANUARY 11, 2006 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order on Wednesday, January 11, 2006 at 7:00 P.M. in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Vice Mayor Flansbaum-Talabisco led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation to Craig Goldstein, owner of Westway Towing, commending Mr. Goldstein for providing hope in a hopeless situation. Mr. Goldstein accepted. b. Presentation by Mayor Schreiber of a proclamation honoring and remembering Dr. Martin Luther King, Jr. on the celebration of his birthday. Interim Director of Parks and Recreation Warner accepted and invited everyone to see the Justine Alexander's art exhibit honoring Dr. Martin Luther King, Jr. at the Tamarac Community Center on Monday, January 16, 2006. C. Presentation by Mayor Schreiber of a proclamation proclaiming January 20, 2006 as Arbor Day in the City of Tamarac. Public Works Director Strain accepted and said the city is trying to replace trees lost as a result of the last hurricane. Mayor Schreiber said the county has designated several sites for a tree give-away program that is open to any Broward County citizen. REPORTS 2. City Commission: Mayor Schreiber had no report. Commissioner Portner said at the last workshop he asked to have all the elected representatives of Tamarac come to a workshop so the Mayor and City Commission could tell the representatives what the City of Tamarac wants. Additionally, he agreed to support the FLC legislative process. City Manager Miller responded staff is coordinating a mutually satisfactory date. January 11, 2006 Page 1 of 9 Commissioner Roberts congratulated the new Commissioner -elect for District 4, Harry Dressler. Commissioner Sultanof congratulated the new Commissioner -elect for District 4, Harry Dressler. Commissioner Sultanof said Tamarac is the best city in the county and we handle ourselves well financially. Commissioner Sultanof spoke of the mistaken belief that there is a large surplus, and explained monies believed to be surplus are, in fact, designated funds through the budget and the law requires us to have a 7%-10% reserve. Commissioner Sultanof added Tamarac is one of the few cities in Broward County that offers senior services, and he is delighted that young people are moving into the area. Commissioner Sultanof thanked Representative Porth's staff for attending city commission meetings and congratulated Interim Director of Parks and Recreation Warner on his upcoming appointment as Director of Parks and Recreation and said Mr. Warner has done an outstanding job as Interim Director of Parks and Recreation. Vice Mayor Flansbaum-Talabisco congratulated Commissioner -elect for District 4, Harry Dressler and congratulated Interim Director of Parks and Recreation Warner on his upcoming appointment as Director of Parks and Recreation. Vice Mayor Flansbaum- Talabisco said she attended the January meeting of the County Library Board during which there was discussion regarding a satellite library in Tamarac. A study is currently being conducted and Vice Mayor Flansbaum-Talabisco said her request on behalf of Tamarac was heard. Vice Mayor Flansbaum-Talabisco referenced an article in the winter edition of the Florida Parks and Recreation Journal regarding the "Hook A Kid on Golf' program, which she had a part in initiating. The program will be brought forward again next year. Mayor Schreiber spoke of the surplus and said if money is not expended it is considered surplus; Commissioner Sultanof said it is a perceived surplus since the money is designated. 3. City Attorne_y_: City Attorney Goren had no report. 4. City Manager: City Manager Miller congratulated Commissioner -elect for District 4, Harry Dressler, and stated that Mr. Dressler has been involved with a number of organizations; Chamber of Commerce, Economic Development Advisory Committee, and COP to name a few. City Manager Miller said he is glad to have Mr. Dressler with the city. City Manager Miller also congratulated Interim Director of Parks and Recreation Warner on his upcoming appointment as Director of Parks and Recreation and said Mr. Warner is a very productive member of the executive team. Community Development reports that they continue to work with the consultants for the Evaluation and Appraisal Report which will be brought before the Mayor and City Commission in March. Community Development is finalizing the architectural guidelines for Main Street which will also be brought before the Mayor and City Commission in March. Additionally, in March we will hear from North Lauderdale, South Florida and Treasure Coast Planning Council. Several meetings will be held in February with the Mayor and City Commission regarding State Road 7 Redevelopment. Financial Services reports the renewal of the lease for Satellite City Hall will be brought before the Mayor and City Commission in February. Parks and Recreation reports a Jewish Cultural Series lecture January 11, 2006 Page 2 of 9 and Free Investment lecture were held today and on January 17 at 1:00 p.m. at the Tamarac Community Center there will be a lecture regarding the stock market. The South Florida Senior Games will open on January 25th and the City of Tamarac will host the basketball event. The kickoff for the 2006 Tamarac @ Twilight Concert Series will be held on January 13th at Caporella Park. It is free to the public and there will be a bounce house for children. Public Works has completed surveying and assessing all street lights in the city, and FPL contractors are working on the street lights in Tamarac. Utilities Department reports the City of Tamarac was awarded the Florida Section of the AWWA outstanding distribution system, first place in the State of Florida for cities serving over 20,000 customers. The award will be presented to the Mayor and City Commission at the January 25th commission meeting. On January 12th at 9:00 a.m. the city will hold a presentation regarding the "City Services Survey", and this promises to be a very informational presentation regarding city government. 5. PUBLIC PARTICIPATION: There was no public participation. CONSENT AGENDA 6. Commissioner Portner pulled item 6(i) from the consent agenda for discussion. Commissioner Portner seconded by Commissioner Roberts moved approval of all items on the consent agenda except for 6(i) which was removed for discussion. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the December 14, 2005 Regular City Commission meeting. APPROVED b. PURCHASE OF FITNESS EQUIPMENT FOR CAPORELLA AQUATIC CENTER — LIFE FITNESS: (TR10868) Purchasing fitness equipment for the fitness room at the Caporella Aquatic Center at a cost not to exceed $74,259.81, utilizing the School Board of Broward County Bid #25-088H; approving funding from the appropriate parks and recreation account. RESOLUTION NO. R2006-01 C. APPOINTMENT OF PARKS AND RECREATION DIRECTOR: (TR10870) Appointing Gregory Warner as Parks and Recreation Director, effective January 11, 2006, or at such earlier date as is mutually agreed upon. RESOLUTION NO. R2006-02 d. PURCHASE OF PARK MAINTENANCE EQUIPMENT — WESCO TURF SUPPLY, INC.: (TR10873) Purchasing park maintenance equipment, at a total cost not to exceed $40,310.63, from Wesco Turf Supply, Inc., utilizing State of Florida Purchasing Contract Numbers 515-630-03-1 and 070-840-04-1; approving funding from the appropriate Parks and Recreation accounts. RESOLUTION NO. R2006-03 January 11, 2006 Page 3 of 9 e. AGREEMENT RENEWAL — ADVANCED XEROGRAPHICS IMAGING SYSTEMS (AXIS). INC.: (TR10877) Exercising the first renewal option to the existing agreement to provide utility billing services between the City of Tamarac and Advanced Xerographics Imaging Systems (AXIS), Inc. for a period of one year commencing on January 1, 2006 and ending on December 31, 2006, at a unit cost of $0.1314 per bill with one additional one-year renewal. RESOLUTION NO. R2006-04 f. CODE COMPLIANCE ENFORCEMENT ISSUES: (TR10881) Authorizing delayed enforcement of code enforcement matters due to Hurricane Wilma. RESOLUTION NO. R2006-05 g. AFFILIATION AGREEMENT — EMS ACADEMY: (TR10787) Executing an agreement between the City of Tamarac and Para-Med Academy, Inc. d/b/a Emergency Medical Sciences Academy, Inc. (EMS Academy) to allow Emergency Medical Services (EMS) students an opportunity to receive education and training from Tamarac Fire Rescue personnel in an EMS Student Preceptorship Program for a three-year period effective upon the execution of the agreement. RESOLUTION NO. R2006-06 h. AFFILIATION AGREEMENT — FLORIDA MEDICAL TRAINING INSTITUTE F( MTI): (TR10788) Executing an agreement between the City of Tamarac and Florida Medical Training Institute (FMTI) to allow Emergency Medical Services (EMS) students an opportunity to receive education and training from Tamarac Fire Rescue personnel in an EMS Student Preceptorship Program for a three- year period effective upon execution of the agreement. RESOLUTION NO. R2006-07 i. ESTABLISH THE CITY OF TAMARAC AS A CITY OF CHARACTER: (TR10845) Establishing the City of Tamarac as a City of Character with the International Association of Character Cities. PULLED FOR DISCUSSION j. URGING THE FLORIDA LEGISLATURE TO SUPPORT THE FLORIDA LEAGUE OF CITIES' LEGISLATIVE PRIORITIES: (TR10874) Urging members of the Florida Legislature to support the Florida League of Cities' priority issues during the 2006 legislative session; authorizing the City Clerk to distribute copies of the adopted Resolution to Governor Bush, Senate President Lee, House Speaker Bense, Senator Campbell, Representatives Seiler, Meadows, Greenstein, and Porth and the Florida League of Cities. RESOLUTION NO. R2006-08 k. PURCHASE OF THERMAL IMAGING CAMERAS AND ACCESSORIES: (TR10876) Purchasing three (3) thermal imaging cameras and related accessories from Axis Fire Supply, Inc. under the existing contract for the City of Tarpon Springs, Florida at a cost not to exceed $35,885.76. RESOLUTION NO. R2006-09 END OF CONSENT AGENDA 6i. ESTABLISH THE CITY OF TAMARAC AS A CITY OF CHARACTER: (TR10845) Establishing the City of Tamarac as a City of Character with the International Association of Character Cities. City Attorney Goren read Temporary Resolution 10845 January 11, 2006 Page 4 of 9 by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. On roll call Vice Mayor Flansbaum-Talabisco voted "yes", Mayor Schreiber 'yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2006-10 Commissioner Portner asked that a Cities of Character committee be established and Mayor Schreiber asked in what areas the members would need experience. Commissioner Portner said the members would be in contact with the public, and representatives from the Fire Department, Public Works and religious organizations would be called upon to bring the city forward as a City of Character and establish a dialogue with residents and citizens. City Manager Miller said if the commission is in agreement he will have staff work out guidelines for the committee. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved to establish a City of Character Committee. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Portner 'yes", Commissioner Sultanof "yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion carried. REGULAR AGENDA ORDINANCES — FIRST READINGS 7. AMENDING CHAPTER 24 AND CHAPTER 10 OF THE TAMARAC CODE: (T02106) Motion to adopt Ordinance on first reading amending Chapter 24 entitled "Zoning", Article V, "Off Street Parking", Section 24-580, "Specifications" and Chapter 10 entitled, "Land Development Regulations", Article V, "Improvements", Section 10- 186, "Private Accessways" of the City of Tamarac Code of Ordinances to incorporate and differentiate driveway specifications pertaining to single-family residential and all other zoning districts, providing for a maximum width of driveways in residential districts, distinguishing that circular driveways must maintain fifteen feet (15') between driveway openings with a minimum 7.5 foot radius, and allowing for a grandfather clause (Case No. 24-Z-05); providing for codification. City Attorney Goren read Temporary Ordinance 2106 on first reading by title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval. Commissioner Roberts said she could not vote in favor of this ordinance as many homes in Tamarac do not have 75' frontage and confirmed that if the frontage was not 75' the homeowner would not be able to install a circular driveway. Commissioner Roberts added that with younger families moving into Tamarac many will have two — four automobiles and constructing a circular driveway would be better than having cars parked on the lawn. Community Development Director King explained his department worked with Public Works to determine proper turning radius for vehicles and also looked at typical lot sizes in residential areas. A typical lot size today is 75' or larger. Zero lot line yards are typically 50'. Mayor Schreiber asked how someone with a lot frontage less that 75' would be able to get approval for a circular driveway and Community Development Director King said approvals would be given prior to the effective date of the ordinance. If someone wanted to construct a circular driveway after the ordinance is approved they could apply for a variance at a cost of $1,000. Community Development will work with applicants for January 11, 2006 Page 5 of 9 alternate designs if a circular driveway is not allowed. Commissioner Roberts said after all the residents have been through this year she feels $1,000 for a variance is very expensive, and suggested tabling the item so it can be discussed at a workshop and perhaps lower the frontage from 75' to 50'. Commissioner Sultanof questioned the grandfather clause and City Attorney Goren explained the grandfather provision is for the protection of existing conditions not future conditions. Commissioner Sultanof said he, too, would be in favor of discussing the ordinance further at a workshop. Commissioner Sultanof seconded by Commissioner Roberts moved to table Temporary Ordinance 2106 for discussion at the January 23, 2006 workshop meeting at or after 9:30 a.m. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. TABLED TO THE JANUARY 23, 2006 WORKSHOP AT OR AFTER 9:30 A.M. 8. AMENDING CHAPTER 16, PENSIONS AND RETIREMENT, ARTICLE VII - POLICE OFFICERS PENSION TRUST FUND: (TO2107) Motion to adopt Ordinance on first reading amending Chapter 16, Pensions and Retirement, Article VII — Police Officers Pension Trust Fund; providing for an annual supplemental retirement benefit to be funded only from the annual receipts of additional premium tax revenues mandated under Chapter 185; providing for a savings clause; providing for codification. City Attorney Goren read Temporary Ordinance 2107, Revision #1, on first reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion carried. APPROVED ON FIRST READING JANUARY 11, 2006 9. AMENDING CHAPTER 16 OF THE TAMARAC CODE — GENERAL EMPLOYEES PENSION PLAN: (TO2108) Motion to adopt Ordinance on first reading amending Chapter 16, Pension and Retirement, Article III, Division 1, Section 16-133 to provide for an increase of the participant contribution from 5% to 7% of total cash remuneration paid for services rendered to the city; amending Section 16-219 of Division 4 to provide, effective February 4, 2006 for normal retirement upon the attainment of age 55 and 30 years of service; amending Section 16-233 of Division 4 to provide for an increase of the benefit multiplier to 2.6% for all participants retiring on or after February 4, 2006; providing for a savings clause; providing for codification. City Attorney Goren read Temporary Ordinance 2108 on first reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. On roll call Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes". Motion carried. APPROVED ON FIRST READING JANUARY 11, 2006 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS 10. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTION 24-229, "SPECIAL APPROVAL FOR PLOT WITH MULTIPLE STRUCTURES OR PRINCIPAL STRUCTURES EXCEEDING PERMISSIBLE LENGTH": (TO2103) January 11, 2006 Page 6 of 9 Motion to adopt Ordinance on second reading amending Chapter 24 of the Code of Ordinances entitled, "Zoning", Article III entitled, "District Regulations", Division 9 entitled, "RM-10 Planned Apartment District", amending Section 24-229 entitled, "Special Approval for Plots with Multiple Structures or Principal Structures Exceeding Permissible Length", changing name of section title to "Site Design and Performance Standards for RM-10 Planned Apartment District", eliminating the requirement for Special Exception approval, amending text relating to the minimum distance between buildings or wings of buildings in order to eliminate inconsistencies and modifying existing text, providing additional site design and performance standards for site plan review and approval of new residential projects in the RM-10 zoning district (Case No. 21-Z-05); providing for codification. City Attorney Goren read Temporary Ordinance 2103 on second reading by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. Mayor Schreiber asked if this ordinance benefitted the developer or the city and Community Development Director King responded the purpose of the ordinance is to expedite the process. Commissioner Sultanof said it is his understanding that this ordinance will save the city money. Commissioner Roberts questioned whether a developer will still need a special exception if the developer wished to build three separate buildings instead of the one as stipulated in the code. Community Development Director King explained under the current code a developer is allowed only one principal building. Instead of two items on an agenda (special exception and site plan) the Mayor and City Commission will only be presented with a site plan item. The authority for the Mayor and City Commission will not change as they will still have total control over the site plan. Mayor Schreiber opened the public hearing. Patti Lynn, 6411 NW 58 Street, Tamarac questioned the ordinance. City Attorney Goren explained the ordinance would afford the Mayor and City Commission the opportunity to eliminate certain discussions and would streamline the process but would not change the inherent authority of the Mayor and City Commission. With no one else wishing to speak Mayor Schreiber closed the public hearing. Commissioner Portner confirmed that the ultimate decision for site plan rests with the Mayor and City Commission. On roll call Commissioner Portner voted "yes", Commissioner Roberts "no", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. ADOPTED ON FIRST READING DECEMBER 14, 2005 ADOPTED ON SECOND READING JANUARY 11, 2006 ORDINANCE NO.0-2006-01 11. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTION 24-193 "PERMITTED USES": (TO2104) Motion to adopt Ordinance on second reading amending Chapter 24 of the Code of Ordinances entitled, "Zoning", Article III entitled, "District Regulations", Division 7 entitled, "R-3 Low Density Multifamily Residential District", amending Section 24-193 entitled, "Permitted Uses", eliminating the requirement for Special Exception approval and requiring that new residential developments adhere to the site design and performance standards set forth in Section 24-250 (Case No. 22-Z-05); providing for codification. City Attorney Goren read Temporary Ordinance 2104 on second reading by title. Commissioner Roberts questioned permitted uses and Community Development Director King said there was only one change to the second item in Sec. 24-193. Mayor Schreiber asked if there is any way the city can require developers to provide site plans that depict the actual January 11, 2006 Page 7 of 9 design of the completed project and Community Development Director King said an item incorporating this requirement into the code will be brought back to the Mayor and City Commission at a future date. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. ADOPTED ON FIRST READING DECEMBER 14, 2005 ADOPTED ON SECOND READING JANUARY 11, 2006 ORDINANCE NO. 0-2006-02 12. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTION 24-250 "SPECIAL EXCEPTIONS FOR PLOTS WITH MULTIPLE STRUCTURES OR PRINCIPAL STRUCTURES EXCEEDING PERMISSIBLE LENGTH": (TO2105) Motion to adopt Ordinance on second reading amending Chapter 24 of the Code of Ordinances entitled, "Zoning", Article III entitled, "District Regulations", Division 10 entitled, "R-4A Planned Apartment District", Section 24-250 entitled, "Special Exceptions for Plots With Multiple Structures or Principal Structures Exceeding Permissible Length", changing name of section title to "Site Design and Performance Standards for R-4A Planned Apartment District", eliminating the requirement for Special Exception approval, amending text relating to the minimum distance required between buildings or wings of buildings in order to eliminate inconsistencies, and modifying existing text, providing additional site design and performance standards for site plan review and approval of new residential projects in the R-4A zoning district (Case No. 23- Z-05); providing for codification. City Attorney Goren read Temporary Ordinance 2105 on second reading by title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing. Patti Lynn, 6411 NW 58 Street, Tamarac, Florida, asked for an explanation. Community Development Director King explained this ordinance addresses R4-A zoning districts and eliminates special exception requirements for multiple buildings. The purpose of the ordinance is to clear up conflicts in the code and to unify this section of the code to match other design criteria. Dina Foster, 7412 NW 75 Street, Tamarac, Florida spoke of a concern in her development. Mayor Schreiber suggested Ms. Foster speak with Community Development Director King after the meeting, as her concern did not relate to the item at hand. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. ADOPTED ON FIRST READING DECEMBER 14, 2005 ADOPTED ON SECOND READING JANUARY 11, 2006 ORDINANCE NO.0-2006-03 QUASI-JUDICIAL HEARINGS THERE WERE NO QUASI-JUDICIAL HEARINGS END OF QUASI-JUDICIAL HEARINGS I January 11, 2006 Page 8 of 9 END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the regular meeting of the city commission at 8:10 p.m. MARION SWENSON, CIVIC CITY CLERK 1 1 OE SCHREIBER, MAYOR January 11, 2006 Page 9 of 9