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Home My WebLink About2006-02-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY FEBRUARY 08, 2006 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 P.M. on Wednesday, February 8, 2006, in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, and Commissioner Karen L. Roberts. ABSENT: Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Roberts led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Schreiber proclaiming February as Black History Month. Director of Parks and Recreation Warner and Public Information Officer Crockett accepted. Director of Parks and Recreation Warner said as part of the celebration of Black History Month, artwork created by the students of Challenger Elementary School will be exhibited at the Tamarac Community Center throughout February, and Director of Parks and Recreation Warner encouraged everyone to visit the display. b. Presentation to Mayor and City Commission by Director of Parks and Recreation Warner of Livable Communities Award. Director of Parks and Recreation Warner presented the Livable Communities Award plaque to the Mayor and City Commission and explained the award is in recognition of Tamarac having been chosen the livable community for all ages by the Department of Housing and Human Services on Aging, through the Florida Department of Elder Affairs. Mayor Schreiber said he is very proud of this award, as Tamarac competed with some of the best major cities in the nation; this is a great accomplishment. REPORTS 2. City Commission: Mayor Schreiber said he attended a meeting this week with representatives of the State Road 7 Collaborative. The kick-off meeting will be on February 25 from 10:00 a.m. — 3:00 p.m. at North Lauderdale City Hall, 701 SW 71 Avenue. Public participation is essential, and he hoped the Mayor and City Commission as well as the public would be able to attend. Meetings will be held from February 25 through March 20. February 08, 2006 Page 1 of 5 Commissioner Portner said he sits on the State Road 7 Collaborative Committee, and although Tamarac has only one -mile of State Road 7 it is very important, as there are three shopping centers and a rental community along this one -mile stretch. Commissioner Portner said it is vital to be involved. Commissioner Portner reported he traveled to Washington last week and met with our Federal Lobbyist and it looks very promising that Tamarac will receive a great sum of money next year. Commissioner Roberts wished Paige Mathes of Community Development well as this is her last week with the city, and Commissioner Roberts said she is grateful for all the help she received from Ms. Mathes. Vice Mayor Flansbaum-Talabisco reported that last week she held the first leadership meeting of this year and it was well attended by the leaders of District 2. The keynote speaker was Virgil Rizzo, our State Ombudsman and two members of his staff. Mayor Schreiber asked why the rest of the commission was not informed of this meeting and Vice Mayor Flansbaum-Talabisco said the entire commission is invited to the next meeting. 3. City Attorney: City Attorney Goren spoke of SB1608 and HB949, filed in Tallahassee less than a week ago, regarding transition of land use planning from the County to the cities, and said this is a significant modification to F.S. Chapter 163 and affects all cities in the State. 4. City Manager City Manager Miller said a number of staff and the commissioners were interviewed on the State Road 7 planning effort, and after the commission interviews were completed, the panel asked City Manager Miller if the commission had been briefed before the event. City Manager Miller said they were not, and the panel said the Tamarac commissioners were all on the same page regarding redevelopment and were very well versed and informed. Parks and Recreation reports over 300 attended the last Tamarac @ Twilight Concert. The next concert will be held on March 3 at the Sports Complex. With regard to the Livability Award, Tamarac was written up twice in a publication by the Florida Department of Elder Affairs; once for the Livability Award and once for the Florence Goldman Award; both articles were extremely complimentary about Tamarac. PUBLIC PARTICIPATION 5. Catherine LeDroux, 7807 NW 71 Avenue, Tamarac spoke about a lien placed on her property due to a problem with sod on the swale, which Ms. LeDroux said was a result of Hurricane Wilma and also spoke of damage done to the swale from the trucks picking up debris from the hurricane. Ms. LeDroux said because her driveway was not large enough to accommodate all vehicles in her family, family members had to drive over the swale. Mayor Schreiber and City Manager Miller indicated the appropriate staff would look into the matter. 1 February 08, 2006 Page 2 of 5 CONSENT AGENDA 6. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved approval of all items on the consent agenda. On roll Vice Mayor Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the January 25, 2006 Special City Commission meeting. APPROVED b. APPROVE the minutes of the January 25, 2006 Regular City Commission meeting. APPROVED C. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT — PRESTIGE COMMONS PROJECT: (TR10860) Executing a Utility Easement Encroachment and Hold Harmless Agreement with Prestige Homes of Tamarac, for structures and landscaping placed within utill!X easements on the Prestige Commons Project site, located at 8200 NW 100 Avenue; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2006-21 d. AQUATIC CENTER FEES AND SUMMER CAMP FEES: (TR10895) Establishing user fees for the City of Tamarac's Caporella Aquatic Center and Summer Camp Program, effective fiscal year 2006. RESOLUTION NO. R2006-22 e. AMENDING EXHIBIT "A" OF RESOLUTION R-2004-63 — AMENDING THE PROJECT BUDGET: (TR10897) Amending Exhibit "A" of Resolution R-2004-63; authorizing the appropriate city officials to amend the project budget as necessary. RESOLUTION NO. R2006-23 END OF CONSENT AGENDA REGULAR AGENDA RDINANCE - FIRST READING 7. AMENDING CHAPTERS 19 AND 22 OF THE TAMARAC CODE — UTILITIES: (T02111) Motion to adopt Ordinance on first reading to provide for the discontinuation of utility and solid waste service at consumer's request due to uninhabitable conditions as determined by the city's Building Official; specifically amending Chapter 19, Solid Waste, Article II, Collection, Section 19-26; further amending Chapter 22, Utilities, Article III., Rates and Charges and Billing Procedures, Division 4, Generally, Section 22- 136, of the Tamarac City Code of Ordinances; providing for codification. City Attorney Goren read Temporary Ordinance 2111, Revised 1/26/06, on first reading by title. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved approval. On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. ADOPTED ON FIRST READING FEBRUARY 8, 2006 February 08, 2006 Page 3 of 5 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES - SECOND READINGS 8. AMENDING CHAPTER 24 AND CHAPTER 10 OF THE TAMARAC CODE: (T02106) Motion to adopt Ordinance on second 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, Revision 1, on second reading by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. Commissioner Roberts thanked Community Development Director King for working with her on this issue and said her residents are very happy. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Vice Mayor Flansbaum- Talabisco "yes". Motion carried. ADOPTED ON FIRST READING JANUARY 25, 2006. ADOPTED ON SECOND READING FEBRUARY 8, 2006 ORDINANCE NO.0-2006-06 QUASI-JUDICIAL HEARINGS 9. AMENDING PRIOR ZONING — NORTHEAST CORNER OF UNIVERSITY DRIVE AND SOUTHGATE BOULEVARD, RUNNING ALONG THE NORTH SIDE OF SOUTHGATEBOULEVARD-FOR 1 005_FEET (T02109) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property, a City -owned Parcel (Parcel No. 484133010014) from A-1 (Agricultural District) to S-1 (Recreational District), lands commonly known as a portion of Tracts 20, 21, 28, 29 of the "Florida Fruit Lands Company's Subdivision No. 2" Plat, according to the Plat thereof as recorded in Plat Book 1, Page 102 of the Public Records of Broward County, Florida, located at the northeast corner of University Drive and Southgate Boulevard, running along the north side of Southgate Boulevard for 1,005 feet (Case No. 1-Z-06); providing for amendment of the official zoning map to reflect such change. City Attorney Goren read Temporary Ordinance 2109 on second reading by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. City Attorney Goren explained the quasi-judicial procedures and said the city, as petitioner/owner would waive its quasi-judicial rights. Community Development Director King waived his quasi- judicial rights on behalf of the city and gave a presentation. Mayor Schreiber opened the public hearing. Mae Schreiber, 10504 E Clairmont Circle, Tamarac, FL questioned the safety of children playing under the utility poles and lines when the area is developed for recreation. Community Development Director King said the city has no jurisdiction over the poles and lines as they are owned by FPL; additionally FPL has very stringent easement language. The area is slated to be a jogging trail and bike path February 08, 2006 Page 4 of 5 and if we find we are not able to develop the area it will be used as passive recreation. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", and Commissioner Roberts "yes". Motion carried. ADOPTED ON FIRST READING JANUARY 25, 2006 ADOPTED ON SECOND READING FEBRUARY 8, 2006 ORDINANCE NO. 0-2006-07 10. AMENDING PRIOR ZONING — WEST SIDE OF SAWGRASS EXPRESSWAY FROM SOUTHGATE BOULEVARD, SOUTH TO MCNAB ROAD_ (T02110) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property, a City -owned Parcel (Parcel No. 494106000011) from A-1 (Agricultural District) to S-1 (Recreational District), lands commonly known as that portion of Section 6 lying west of NW 112th Avenue, less portion description in OR 12245/856 for Expressway and less portion description in OR 12481 /492 for Parcel 135, 1 B and less portion description in 13422/107, located at the west side of the Sawgrass Expressway from Southgate Boulevard, south to McNab Road (Case No. 2-Z-06); providing for amendment of the official zoning map to reflect such change. City Attorney Goren read Temporary Ordinance 2110, Revision #1 on second reading by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. City Attorney Goren explained the quasi-judicial procedures and said the city as petitioner/owner would waive its quasi-judicial rights. Community Development Director King waived his quasi-judicial rights on behalf of the city and gave a presentation. Mayor Schreiber asked if the county was considering a bridge/overpass and Community Development Director King said the MPO is looking into a pedestrian bike path to go over the Sawgrass Expressway that would connect with the linear park. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Partner voted "yes", Commissioner Roberts `yes", Vice Mayor Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. ADOPTED ON FIRST READING JANUARY 25, 2006 ADOPTED ON SECOND READING FEBRUARY 8, 2006 ORDINANCE NO.0-2006-08 _END OF -QUASI-JUDICIAL HEARINGS 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 7:35 p.m. ARION SWENSON, CMC CITY CLERK OE SCfiREIBER, MAYOR February 08, 2006 Page 5 of 5