HomeMy WebLinkAbout2005-01-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY JANUARY 12, 2005
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order on Wednesday, January 12, 2005 at 7:00 p.m. in Chambers at Tamarac City
Hall, 7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward
C. Portner, Commissioner Beth Flansbaum-Talabisco and Commissioner Karen L.
Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
Commissioner Beth Flansbaum-Talabisco led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Schreiber of a Certificate of Completion to Commissioner
Flansbaum-Talabisco for completion of the Advanced Institute for Elected Municipal
Officials. Commissioner Flansbaum-Talabisco accepted and said she welcomed
opportunities to learn more about what elected officials do and she is happy to
represent Tamarac.
b. Presentation by Mayor Schreiber of a Proclamation commending and
congratulating Tamarac Fire Rescue upon receipt of the "2003 Life Safety Award". Fire
Chief Budzinski accepted the proclamation and said this is a fire prevention oriented
award that is a corporate effort to provide protection and preventive services to the
community; and includes input from various departments. The ultimate goal of the fire
department is to eliminate death and destruction due to fire.
REPORTS
2. City Commission: Mayor Schreiber wished everyone a healthy and happy new
year, and introduced two "dignitaries" in the audience — City Clerk Swenson's
grandchildren, Ashley and Sean.
Commissioner Flansbaum-Talabisco wished the Mayor and City Commission, guests,
staff, and Sean and Ashley a happy and healthy new year. Commissioner Flansbaum-
Talabisco acknowledged her friend and neighbor Richard Gellman, who represents the
Gellman/Farber Family Foundation, Commissioner Flansbaum-Talabisco reported that
Mr. Gellman approached her to make a generous and heartfelt donation to victims of
the Tsunami. Commissioner Flansbaum-Talabisco said an initiative of such importance
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must be shared with the Mayor, City Commission and the City, and added she speaks
for the entire Commission when she says she is honored and appreciative of this
significant monetary initiative to victims of the grave and disastrous event that took
place on December 26, 2004, claiming the lives of nearly 170,000 people, and the death
toll is still climbing. Survivors have been left homeless, orphaned, injured and hungry.
Commissioner Flansbaum-Talabisco continued that it is a privilege and honor for the
Mayor and City Commission and City of Tamarac to recognize the Gellman/Farber
families' generous gift which will alleviate some of the suffering and tragedy caused by
the Tsunami, and she hopes others will follow this example and make whatever
contribution they can to this extremely worthwhile endeavor. The City can serve as a
clearing house for donations and funds to make sure they get to the appropriate
agencies. Commissioner Flansbaum-Talabisco introduced Mr. Gellman and thanked
him on behalf of herself and the City for his humanitarianism and willingness to make a
difference. Richard Gellman, 4903 Woodlands Boulevard, Tamarac, thanked
Commissioner Flansbaum-Talabisco and said the involvement of Commissioner
Flansbaum-Talabisco and her husband in the community has served as an inspiration
to him. Mr. Gellman added the community is grateful to have Commissioner
Flansbaum-Talabisco as their commissioner, and presented four checks totaling
$10,000 made payable to U.S. Fund for UNICEF, American Red Cross, American
Jewish Joint Distribution "JDC: South Asia Tsunami Relief', and Doctors without
Borders. Mr. Gellman said if the funds get to the appropriate people and more money is
needed he will provide additional funding.
Vice Mayor Sultanof said he is delighted to see so many people at tonight's meeting
and thanked Mr. Gellman for his donation. Vice Mayor Sultanof added Tamarac is the
City with a heart, and this country is helping people in need.
Commissioner Portner acknowledged City Clerk Swenson's two grandchildren in the
audience and congratulated Commissioner Flansbaum-Talabisco and husband Jack on
their fourteenth wedding anniversary.
Commissioner Roberts congratulated Commissioner Flansbaum-Talabisco and
husband Jack on their wedding anniversary and wished everyone a happy new year.
Commissioner Roberts said it is good to see everyone at tonight's meeting.
3. Cit Attorney: City Attorney Kraft had no report.
4. City Manager_ City Manager Miller invited everyone to attend a reception for a
special exhibit of award winning artist George Gadsden commemorating Dr. Martin
Luther King's birthday. The exhibit will be held on January 16th, beginning at 2:00 p.m.
in the Tamarac Community Center. Dr. King stood for unity and equality for all
Americans.
5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street, Tamarac,
wished the Mayor and City Commission a year of good health and added he is pleased
with the presentation of the city's logo on the projection screen. Mr. Schneider
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commended the DOT and City of Tamarac for the lighted street signs, and said this is
an advantage to older drivers who no longer will need to slow down in the middle of a
traffic lane to see where they are. Mr. Schneider predicted an improvement in safety
records. Mr. Schneider reported that Indo-China has asked the United States to
remove from the gulf its carrier that is participating in the Tsunami Welfare Rescue, and
urged that contributions are earmarked to an appropriate organization.
CONSENT AGENDA
6. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved
the addition of Temporary Resolution 10614 to the consent agenda as item 6(c).
Temporary Resolution 10614, a Resolution of the City Commission of the City of
Tamarac, Florida, formally requesting that Broward County reimburse the City of
Tamarac through the Broward County Land Preservation Program for the purchase of
the Shather Parcel (aka Water's Edge Park) in the amount of $1,555,000.00 plus
allowable acquisition costs; directing the City Clerk to provide copies to the members of
the Broward County Commission; providing for conflicts; providing for severability; and
providing for an effective date. On roll call Vice Mayor Sultanof voted "yes",
Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner
Roberts "yes", and Commissioner Portner "yes". Motion carried.
Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved the
addition of Temporary Resolution 10617 to the consent agenda as item 6(d).
Temporary Resolution 10617, a Resolution of the City Commission of the City of
Tamarac, Florida, formally requesting that Broward County reimburse the City of
Tamarac through the Broward County Land Preservation Program for the purchase of
the Cummings Parcel (aka Swim Central Park) in the amount of $750,000.00 plus
allowable acquisition costs; directing the City Clerk to provide copies to the members of
the Broward County Commission; providing for conflicts; providing for severability; and
providing for an effective date. On roll call Commissioner Flansbaum-Talabisco voted
"yes", Mayor Schreiber "yes", Commissioner Roberts "yes", Commissioner Portner
"yes", and Vice Mayor Sultanof "yes". Motion carried.
Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved the
addition of Temporary Resolution 10615 to the consent agenda as item 6(e).
Temporary Resolution 10615, a Resolution of the City Commission of the City of
Tamarac, Florida, recommending the appointment of either Mayor Joe Schreiber or
Commissioner Edward C. Portner to the Broward County Planning Council; directing the
City Clerk to send a copy of this Resolution to the District One County Commissioner;
providing for conflicts; providing for severability; and providing for an effective date. On
roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", Vice Mayor Sultanof "yes", and Commissioner Flansbaum-Talabisco
"yes". Motion carried.
Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved
approval of all items on the consent agenda, including 6(c), 6(d) and 6(e). On roll call
January 12, 2005
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Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor Sultanof
91 yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion
carried.
a. APPROVE the minutes of the December 22, 2004 Regular City Commission
meeting.
APPROVED
b. AGREEMENT — DISASTER RECOVERY SERVICES: (TR10587) Executing a
Master Agreement to allow the City to use the services of the State of Florida State
Technology Office and a Service Level Agreement that specifically covers the provision
of Disaster Recovery Services by and between the State of Florida State Technology
Office and the City of Tamarac; authorizing an expenditure in the amount of $11,820
annually, for a five year period effective February 1, 2005 through January 31, 2010.
RESOLUTION NO. R2005-01
C. REQUESTING REIMBURSEMENT FROM BROWARD COUNTY FOR
PURCHASE OF SHATHER PARCEL AKA WATER'S EDGE PARK): (TR10614)
Formally requesting that Broward County reimburse the City of Tamarac through the
Broward County Land Preservation Program for the purchase of the Shather Parcel
(aka Water's Edge Park) in the amount of $1,555,000.00 plus allowable acquisition
costs; directing the City Clerk to provide copies to the members of the Broward County
Commission.
RESOLUTION NO. R2005-02
d. REQUESTING REIMBURSEMENT FROM BROWARD COUNTY FOR
PURCHASE OF CUMMINGS PARCEL AKA SWIM CENTRAL PARK : (TR10617)
Formally requesting that Broward County reimburse the City of Tamarac through the
Broward County Land Preservation Program for the purchase of the Cummings Parcel
(aka Swim Central Park) in the amount of $750,000.00 plus allowable acquisition costs;
directing the City Clerk to provide copies to the members of the Broward County
Commission.
RESOLUTION NO. R2005-03
e. APPOINTMENT TO THE BROWARD COUNTY PLANNING COUNCIL:
(TR10615) Recommending the appointment of either Mayor Joe Schreiber or
Commissioner Edward C. Portner to the Broward County Planning Council; directing the
City Clerk to send a copy of this Resolution to the District One County Commissioner.
RESOLUTION NO. R2005-04
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCE — FIRST READING
7. AMENDING CHAPTER 24 OF THE TAMARAC CODE — ARTICLE II
"ADMINISTRATION" DIVISION 3 "PLANNING BOARD" SECTION 24-61
"CREATED; MEMBERS": (T02074) Motion to adopt Ordinance on first reading
amending Chapter 24 entitled, "Zoning", Article II "Administration", Division 3 "Planning
January 12, 2005
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Board", Section 24-61 "Created; Members" of the City of Tamarac Code of Ordinances
to amend the membership of the Planning Board to provide for the inclusion of a
representative of the School Board as a non -voting member of the City's Planning
Board according to Chapter 163.3174, Florida Statutes, and in accordance with the
Interlocal Agreement for Public School Facility Planning Broward County, Florida, by
appointing a Broward County School Board representative as an ex officio non -voting
member to the City of Tamarac Planning Board in accordance with the provisions of
Chapter 163.3177 and 1013.33, Florida Statutes (Case No. 4-Z-05); providing for
codification. City Attorney Kraft read Temporary Ordinance 2074 on first reading by
title. Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved
approval. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Vice
Mayor Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum-
Talabisco "yes". Motion carried.
APPROVED ON FIRST READING JANUARY 12, 2005
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
8. SPECIAL EXCEPTION — LA RANCHERO NO. 2: (TR10609) Motion to approve
Resolution granting a special exception to allow the operation of a market with take-out
food within a B-2 (Community Business District) zoning category to La Ranchero No. 2
located at 5229 North State Road 7 (Tamarac Square), specifically Parcel 3 of the
"Lembo" Plat, according to the Plat thereof as recorded in Plat Book 81, Page 11 of the
Public Records of Broward County, Florida; and Parcel "A" of the "Lembo Addition" Plat,
according to the Plat thereof as recorded in Plat Book 95, Page 46 of the Public
Records of Broward County, Florida, said lands lying and being in the City of Tamarac,
Florida (Case No. 26-Z-04); providing for conditions of approval. City Attorney Kraft
read Temporary Resolution 10609 by title. Commissioner Roberts seconded by
Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the
quasi-judicial procedures and Orquida Lopez, Rangel Market Corp., waived her quasi-
judicial rights. Community Development Director King gave a presentation. Vice Mayor
Sultanof asked what else would be done on the premises other than take-out and if
drinks would be sold. Community Development Director King responded it is a Latino
market where people can purchase specialty foods and it is just for food preparation.
Commissioner Portner asked if La Ranchero is connected to Los Rancheros and Ms.
Lopez said it is not. Mayor Schreiber opened the public hearing and with no one
wishing to speak, closed the public hearing. On roll call Commissioner Portner voted
"yes", Commissioner Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carried.
RESOLUTION NO. R2005-05
9. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN —
NEW LIFE FELLOWSHIP CENTER: (TR10610) Motion to approve Resolution issuing
Revised Development Order No. 208.2 and granting New Development Site Plan
approval to New Life Fellowship Center to allow the construction of a 13,000 square foot
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church facility with associated parking, landscaping and infrastructure improvements,
located at the southeast corner of Rock Island Road and Bailey Road, specifically all of
Parcels "B", "C" and "D" of the "Lakes of Carriage Hills II" Plat, according to the Plat
thereof as recorded in Plat Book 123, Page 7 of the Public Records of Broward County,
Florida, less the following described Parcel: commencing at the Northeast corner of
said Plat of the Lakes of Carriage Hills II, thence South 01130'24" East, along the East
line of Parcels D, C and B, a distance of 612.68 feet to the Point of Beginning of the
description; thence continue South 01130'24" East, along the last described course, a
distance of 135.64 feet; thence South 89033'56" West, along the South line of said
Parcel B, a distance of 351.07 feet; thence North 45058'14" West, a distance of 42.03
feet; thence North 91030'24" West, along the West line of said Parcel B, a distance of
106.20 feet; thence North 89033'56" East, along a line parallel with and 135.62 feet
North of as measured at right angles to the South line of said Parcel B, a distance of
380.51 feet to the Point of Beginning, said lands situated, lying and being in Broward
County, Florida (Case No. 20-SP-04); providing for conditions of approval. City
Attorney Kraft read Temporary Resolution 10610, Revision #1, by title. Commissioner
Partner seconded by Commissioner Flansbaum-Talabisco moved approval. City
Attorney Kraft explained the quasi-judicial procedures and Regina BoBo-Jackson, Gator
Engineering Consultants and Pastor Clinton Ruddock waived their quasi-judicial rights.
Community Development Director King gave a presentation. Commissioner Roberts
confirmed the driveway was off Rock Island Road and asked about the hours of
operation. Pastor Ruddock responded they will operate from 8:00 a.m. — 8:00 p.m. on
Sundays and hold evening services from 7:30 p.m. — 9:30 p.m. Commissioner Portner
expressed concern about possible traffic problems, because this facility in addition to
the apartments, Lakes of Carriage Hills and bank, makes a fourth entrance off Rock
Island Road. Community Development Director King explained this site was previously
slated for a shopping center and the change in use will generate fewer trips than
originally anticipated; access to Rock Island Road is deemed to be sufficient.
Commissioner Portner asked about the possibility of a traffic light to which Community
Development Director King responded if the warrants are there the county will move
forward with funding to get one installed. Ms. BoBo Jackson explained there will be no
traffic generated during peak periods. Commissioner Portner welcomed the church to
his district and said Tamarac is a great city and he appreciates the church coming here.
Vice Mayor Sultanof asked about impact to Bailey Road and Community Development
Director King said there is no access to Bailey Road. Commissioner Roberts spoke
about the need for southbound travelers to make a u-turn on Bailey Road and Ms. BoBo
Jackson explained the bank property is jointly owned with the church and people can
turn into the bank lot, which will alleviate the need for a full u-turn. Commissioner
Flansbaum-Talabisco said her district borders on Commissioner Portner's district and
she welcomed the church to the community and asked if many worshippers are from
Tamarac. Pastor Ruddock said there is a large constituency from Tamarac.
Commissioner Portner asked about a right turn only upon exiting the church and Ms.
BoBo Jackson said from the main exit there is right turn only; if people exit from the
bank lot they can make a left turn. Pastor Ruddock indicated he would inform the
parishioners of the right turn only upon exiting the church in order to avoid any potential
accidents. Mayor Schreiber welcomed the church to the community. Mayor Schreiber
January 12, 2005
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1
opened the public hearing. Debby Leaky, Ft. Lauderdale said the church membership
is made up of business people who will be using the restaurants and businesses in
Tamarac. In addition to that new businesses will come to Tamarac, and she looks
forward to coming to Tamarac and joining with other business people. Debra Richards,
7427 NW 75 Street said she is delighted to welcome the church into Tamarac and will
be happy to see the Mayor and City Commission approve this request. Jennifer Norton,
Villas At The Gate said she is lives across the street from the proposed location and is
happy the church will be moving closer to her residence. Commissioner Roberts asked
everyone to be careful when crossing the street. Sam Schwartz, Concorde Village,
expressed disappointment in the quality of the map shown on the screen and asked if
the architect could make it clearer for future presentations. With no one else wishing to
speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Roberts
voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner
Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2005-06
END OFQUASI-JUDICIAL HEARINGS
ND 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 7:45 p.m.
-, i E SCHREIBER, MAYOR
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MARION SWENSON, CMC
CITY CLERK
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January 12, 2005
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