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HomeMy WebLinkAbout2004-02-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY FEBRUARY 25, 2004 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, February 25, 2004 at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. 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. PLEDGE OF ALLEGIANCE: Mayor Joe Schreiber led the Pledge of Allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming March as Purchasing Month. Purchasing/Contracts Manager Glatz accepted and thanked the Mayor, City Commission, City Manager and Finance Department for their support. Purchasing/Contracts Manager Glatz introduced the purchasing team, Albert Cohen, Jim Nicotra, Steve Beamsderfer, and Adriana Lucker. b. Presentation by Mayor Schreiber of a proclamation proclaiming March 7, 2004 as Stand for Children Day, Public Information Officer Crockett accepted. R F PnRTS 2. City Commission: Mayor Schreiber, Commissioner Portner and Commissioner Sultanof had no reports. Vice Mayor Roberts said she attended last night's School Board Boundary meeting, and it was discussed and decided that due to overcrowding at Tamarac Elementary School, 100 choice seats would go to Riverside Elementary. Vice Mayor Roberts said this is a band -aid solution which will have to be revisited. Vice Mayor Roberts said tennis balls are still needed for the schools, and cell phones are needed for Project Safe. Commissioner Flansbaum-Talabisco said she also attended the School Board meeting, and out of the cities being discussed the only municipal elected officials in attendance were Vice Mayor Roberts, Commissioner Flansbaum-Talabisco and Commissioner Varsallone from Margate. Commissioner Flansbaum-Talabisco said both she and Vice Mayor Roberts spoke at the meeting and expressed their views representing Tamarac, which got the attention of the School Board. Commissioner Flansbaum-Talabisco reported that she participated in two retreats which were very productive and thanked February 25, 2004 1 staff for input in setting the stage and allowing the Commission to be productive and think outside the box. Commissioner Flansbaum-Talabisco said with regard to Vice Mayor Roberts's two projects, tennis balls and cell phones, she did some outreach in her district and collected 28 cell phones and spoke with the tennis pro at the Woodlands Tennis Club regarding tennis balls; he will set aside tennis balls to donate for the schools. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller said there will be an anti -auto theft rally on February 28t" from 9:30 — noon at Lakes of Carriage Hills Clubhouse. City Manager Miller reported that Tamarac was awarded a grant in the amount of $1.6 million from the Florida Community Trust Fund for acquisition costs associated with the Lennar Purchase at the sports complex. City Manager Miller thanked Assistant to the City Manager Phillips and Parks and Recreation Director Margoles and staff for their assistance in obtaining the grant. The Utilities Department reports that the South Florida Water Management Board approved the water use permit for 20 years, with water use review every five years. Tamarac is the first city to receive the 20 year permit. The Finance Department is now accepting credit card payment for utility bills by phone. The Fire Department hosted a smoke detectorgiveaway this past Saturday at Mainlands 17. The next event will be on March 131, which will complete smoke detector giveaway in the neighborhood. The smoke detector program will continue at Sunflower Heathgate at a future date to be determined. Vice Mayor Roberts asked that she be informed prior to the smoke detector giveaway at Sunflower Heathgate. City Manager Miller reported that the 2d Twilight Concert will take place on March 51" from 7:00 p.m. — 9:00 p.m. City Manager Miller reminded everyone that the next commission meeting will be held at Kings Point Clubhouse on March 10 at 7:00 p.m. PUBLIC PARTICIPATION: There was no public participation. CONSENT AGENDA 6. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval of all items on the consent agenda. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts voted "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the February 11, 2004 Regular City Commission meeting. APPROVED b. BID RENEWAL — "FURNISH AND DELIVER PRINTED MATERIALS": (TR10339) Exercising the first renewal option of Bid 02-12B entitled "Furnish and Deliver Printed Materials" with A Plus Printing, Diamond Printing, Intertec Industries, Printing Mart and United Business Forms for a two year term effective March 26, 2004 through March 25, 2006. RESOLUTION NO. R2004-29 February 25, 2004 2 C. AGREEMENT — MULTI -PURPOSE CENTER ROOF SYSTEM RESTORATION: (TR10350) Executing an agreement with Specified Architectural Systems, Inc., a sole source distributor, for the restoration of the translucent panel roof system at the Multi -Purpose Center; authorizing an expenditure not to exceed $80,384.70, which includes a contract price of $73,077.00 and a project contingency of $7,307.70. RESOLUTION NO. R2004-30 d. TAMARAC WATER UTILITY EASEMENT -- THE HEARTLANDS OF TAMARAC: (TR10343) Executing a "Tamarac Water Utility Easement" with Health Care and Retirement Corporation of America for the Heartlands of Tamarac, located at 5901 NW 79th Avenue, Tamarac, FL 33321, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution System Improvements; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-31 e. TAMARAC WATER AND SEWER UTILITY EASEMENT — CATALINA PLACE: (TR10346) Executing a "Tamarac Water and Sewer Utility Easement" with Catalina Place, Inc., for the Catalina Place Project, located on northwest corner of NW 64th Street and NW 75th Avenue, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-32 f. BILL OF SALE ABSOLUTE — CATALINA PLACE: (TR10347) Accepting a Bill of Sale Absolute from Catalina Place, Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Catalina Place Project, located on the northwest corner of NW 64th Street and NW 75th Avenue, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2004-33 g. TAMARAC WATER AND SEWER UTILITY EASEMENT -- ST. ANDREWS AT KINGS POINT: (TR10344) Executing a "Tamarac Water and Sewer Utility Easement" with TRG-Tamarac, L.L.C., for the St. Andrews at Kings Point Project, located on the east side of Nob Hill Road at NW 80th Street, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2004-34 h. BILL OF SALE ABSOLUTE — ST. ANDREWS AT KINGS POINT: (TR10345) Accepting a Bill of Sale Absolute from TRG-Tamarac, L.L.C., for the Water Distribution and Sewage Collection System Improvements installed for the St. Andrews at Kings Point Project, located on the east side of Nob Hill Road at NW 801h Street, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2004-35 February 25, 2004 3 i. ASSIGNMENT DELEGATION AND RELEASE AGREEMENT FOR UNDERWRITING SERVICES: (TR10338) Executing the assignment, delegation and release agreement among the City of Tamarac, William R. Hough & Co., and RBC Dain Rauscher, Inc. for underwriting services for the issuance of utilities revenue bonds. RESOLUTION NO. R2004-36 END OF CONSENT AGENDA REGULAR AGENDA PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 7. AMENDMENT TO FISCAL YEAR 2003 ACTION PLAN OF THE CITY'S CDBG PROGRAM: (TR10349) Motion to approve Resolution amending the Fiscal Year 2003 Action Plan for expenditures of the City of Tamarac's U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program for the HUD Fiscal Year 2003 (Case No. 4-MI-04). City Attorney Kraft read Temporary Resolution 10349, Revision #1, by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, 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. R2004-37 ORDINANCES — SECOND READINGS 8. AMENDING CHAPTER 16 OF THE TAMARAC CODE --ARTICLE VII1, POLICE OFFICER PENSION PLAN: (T02035) Motion to adopt Ordinance on second reading amending Chapter 16, Pensions and Retirement, Article Vill, Police Officer Pension Plan, Section 16-733 Calculation of Benefit Amount; providing for clarification of the subsidy benefit of $220.00 per month for participants that retire on or after October 1, 2002, in accordance with Ordinance 0-2003-21; providing for codification. City Attorney Kraft read Temporary Ordinance 2035, Revision February 4, 2004 on second reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco 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. 0-2004-06 9. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN "BRUCE PLAT": (T02036) Motion to adopt Ordinance on second reading adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Small -Scale Land Use Plan Amendment proposal by Prestige Homes of South Florida, Inc. to change the use of land described as Parcel "A" of the "Bruce Plat", February 25, 2004 4 according to the Plat thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida, located at the southeast corner of University Drive and NW 64th Street, from Commercial to Low Medium (5-10 du/ac) Residential through issuance of eighty-seven (87) reserve units and thirteen (13) flex units to allow for the construction of one -hundred (100) residential town home units comprising approximately of 8.19 net acres and 9.98 gross acres (Case No. 01-LUA-04); providing for amendment to the Land Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance 2036 on second reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, 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. 0-2004-07 10. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN — "LYONS INDUSTRIAL PARK" PLAT: (T02037) Motion to adopt Ordinance on second reading adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Small -Scale Land Use Plan Amendment proposal by United Homes International, Inc. to change the use of land described as Lot 1, Block 1 of the "Lyons Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida, located at the west side of NW 88th Avenue, approximately 1,500 feet north of NW 571h Street, from Commercial to Low -Medium (5-10 du/ac) Residential through issuance of thirty-two (32) flex units to allow for the construction of thirty-two (32) residential town home units comprising approximately of 2.41 net acres and 3.29 gross acres (Case No. 03-LUA-03); providing for amendment to the Land Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance 2037 on second reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing. Paul Pasetti, 5904 Paradise Place asked about buffers. Gerry Knight, Attorney for Applicant, responded and said there would be no adverse impact to the existing community. The nearest building is slated to be 40' from the property line. Commissioner Portner questioned the height of the townhouses and Mr. Knight said 22'-23'. Mr. Knight added that the City would require landscaping. Community Development Director King said surrounding property owners would be notified of the Special Exception and Site Plan hearings. Commissioner Sultanof added that builders are required to meet the landscaping requirements set out in the Tamarac Code, and most builders do more than is required. If the property were to remain zoned commercial, the buildings could possibly be higher than the townhouses. Commissioner Flansbaum-Talabisco assured Mr. Pasetti that the City of Tamarac will do everything to make the neighborhood happy and the end result would be satisfactory. Commissioner Flansbaum-Talabisco spoke of a storage facility that was built across the street from the Woodlands Community, and how the City worked with the neighborhood and the builder on the project. Mr. Pasetti asked where the landscaping guidelines could be found in the Code, and Community Development Director King said Chapter 11 and it is available in the City Clerk's office. Marie Pierce, 8821 Paradise Drive, Tamarac said she wanted to be notified of the upcoming hearing. February 25, 2004 5 Charlene Kaplan, 5906 NW Paradise Place, Tamarac, objected to a parking lot next to the wall and expressed concern with traffic and noise. Lillian Minkow, 5908 Paradise Place, Tamarac expressed concern with lack of privacy due to the height of the townhouses, and asked for a buffer of trees or a higher wall. Vice Mayor Roberts said these items would be discussed during the site plan process. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts voted "no", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. ORDINANCE NO. 0-2004-08 END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular commission meeting at 9:30 a.m. MARION SWENSON, CMC CITY CLERK February 25, 2004 6 JE SCHREIBER, MAYOR G OF 1 E 1