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HomeMy WebLinkAbout2004-04-14 - City Commission Regular Meeting Minutes1 CITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY APRIL 14, 2004 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order on Wednesday, April 14, 2004 at 7:00 p.m. in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. 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. PLEDGE OF ALLEGIANCE: Vice Mayor Marc L. Sultanof led the Pledge of Allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of Certificates of Appreciation to the Charter Board members. Mr. Harvey Kram, Mr. Sheldon Satty and Mr. Floyd Bass accepted. b. Presentation by Mayor Schreiber of a plaque to Qdoba's Mexican Restaurant thanking Qdoba's for their support of the April 2, 2004 Concert. Restaurant Manager Eric Turner accepted. C. Presentation by Mayor Schreiber of a proclamation proclaiming the week of April 18-25, 2004 as Days of Remembrance Week. Public Information Officer Crockett accepted. d. Presentation by Mayor Schreiber of a proclamation proclaiming the week of April 18-24, 2004 as "Crime Victims Week" in the City of Tamarac. BSO Deputy Perez accepted. e. Presentation by Mayor Schreiber of a proclamation proclaiming the month of April 2004 as "Records and Information Management" Month in the City of Tamarac. City Clerk Swenson and Assistant City Clerk Schneider accepted. f. Presentation by Mayor Schreiber of a proclamation proclaiming the week of April 12-18, 2004 as "Community Development Week" in the City of Tamarac. Community Development Director King and Planning and Zoning Manager Ross accepted. April 14, 2004 1 g. Presentation by Coca-Cola of this year's sponsorship check in the amount of $5,000.00. At the request of Coca-Cola representative Steve Dechert, this item was deferred to the April 28, 2004 Regular City Commission meeting. REPORTS 2. City Commission: Mayor Schreiber informed everyone that the Supervisor of Elections is sending a truck to the Tamarac Community Center on May 4, 2004 from 10:00 a.m.-3:00 p.m. for voter registration and outreach for poll workers. Mayor Schreiber said he was told by Mr. Sullivan of the United States Postal Department that a full service postal truck, scheduled for weekly designated visits to major neighborhoods, will become a reality in a few months. Commissioner Flansbaum-Talabisco spoke about the discussion at Monday's workshop meeting regarding the proposed flag ordinance, and said while the Commission did not all agree on the provisions of the ordinance it does not make any one of the Commissioners unpatriotic. Commissioner Flansbaum-Talabisco said she encourages patriotism and feels residents should be educated through the Tam -A -Gram, Homeowner/Condominium Association and Civic Association meetings. Commissioner Flansbaum-Talabisco added her husband, father and two uncles served this country, and she almost lost a sister in the World Trade Center disaster; men and women die every day for this country, and it will not help to draft legislation that is impossible to enforce. Commissioner Flansbaum-Talabisco asked City Attorney Kraft to give a short explanation of first amendment issues regarding the flag. City Attorney Kraft explained the courts have held that first amendment issues are attached to flag ordinances, and free speech is fully protected which politically makes it difficult to enforce how people display the flag. Commissioner Flansbaum-Talabisco offered a solution; in addition to educational programs, she would be happy as a private individual to raise funds, along with the Veterans groups, to assist residents in replacing tattered flags. Commissioner Flansbaum-Talabisco reminded everyone that Tamarac is a City with a heart. Vice Mayor Sultanof said patriotism is an emotion that comes forward at times of stress or when the country is attacked, and education is just one phase of providing information about handling of the flag. Vice Mayor Sultanof said he would like to teach if that is what City government feels is important, and educate the public as to what the flag represents. The first amendment gives certain peripheral rights but does not speak to emotions. There has been too much blood shed for the flag and it is the finest in the world. Vice Mayor Sultanof said he is in favor of seeing that the public understands how to treat the flag. The public has the right to petition the government and the legislators have the obligation to tell the public what the flag is all about. If an ordinance is not required, Vice Mayor Sultanof said he is in favor of showing the public and explaining what they can do with the flag and help everyone treasure it. We should honor and cherish our flag. April 14, 2004 2 Commissioner Portner read into the record an e-mail from Harry Dressler, and a letter from the Barbuto family (copies of which are attached hereto and made a part of these minutes.) Commissioner Portner said this is a personal and passionate issue and the flag has a special meaning for those who served this country. Commissioner Portner added he is of the opinion that it is reprehensible this Commission voted 3-2 against an ordinance to show respect for the flag. Commissioner Portner said Coral Springs drafted an ordinance and our own City Attorney wrote an ordinance for the City of Pembroke Pines when he worked for that City. Additionally, the City of Sunrise has a flag ordinance. Tamarac has a large number of veterans and we should respect the fact that the flag should be flown properly. Commissioner Roberts said the Sun Sentinel and television discussed the issue of proper display of the flag. Commissioner Roberts said she does not agree with punishing residents with code violations and $50.00 fines, but does believe in educating the public on the proper way to display and dispose of the flag. Commissioner Roberts said she distributed a booklet to the Code Compliancy: and Parks and Recreation departments and perhaps Code Officers could leave a booklet for residents where the flag is being flown improperly and offer to take the flag to be disposed of properly. Commissioner Roberts said she takes offense to being called unpatriotic because she does not want to impose a fine on the residents. 3. City Attorney: City Attorney Kraft said he is the attorney for the City of Tamarac and when asked a question about the law he responds based on law. Flags come under the first amendment and he did write the Pembroke Pines ordinance and is familiar with litigation arising out of first amendment issues. City Attorney Kraft added that in responding to the request regarding the first amendment issues, he is doing his job. Commissioner Roberts confirmed that the City of Coral Springs had not yet passed its ordinance on second reading, and City Attorney Kraft responded that the Coral Springs ordinance has been pulled and shelved indefinitely. Commissioner Flansbaum- Talabisco added that she only asked for a legal opinion and nothing more, as the City Attorney is the only one here who has the ability to explain the matter properly. 4. City Manager: City Manager Miller reported that 13 new firefighters are going through pre -assignment training and welcomed them to the City. The Fire Department reports that firefighters participated in a regional multi -casualty drill in Margate, and competed in the National Extrication Competition where they placed 12th and then placed 7th in the limited competition. Parks and Recreation reports 49 volunteers of the teen club contributed over 100 hours of volunteer service in March. Spring Fest was held on April 3 with over 500 guests in attendance. The Tamarac Veterans Affairs Committee will hold its 5th annual Veterans Assembly on April 28, open to veterans and their spouses. The event will be held in the Community Center Ballroom from 6:00 p.m. — 8:00 p.m. 5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72" d Street, Tamarac, thanked the City and Public Works Director Strain and City Arborist George Conroy for their assistance in explaining the various trees to the Woodmont residents. April 14, 2004 3 The following veterans spoke in favor of a flag ordinance: Saul Gass, 9579 N. Belfort Circle, Tamarac; Joseph Brown, 4970 Sabal Palm Blvd., Tamarac; Murray Nathanson, 7776 Trent Drive, Tamarac; Harvey Jefferbaum, 7642 Fairfax Drive, Tamarac; and Thomas Putnoky, Sr., 5751 W. Commercial Blvd., Tamarac. Mr. Bernard Herman, 7877 Granville Drive, Tamarac said while those who are not in favor of an ordinance are not unpatriotic, he prefers educating the public. Commissioner Portner explained that the idea that he wanted to impose a fine is out of context. Commissioner Portner said he feels something should be done, whether it is a fine or something else; no one is not patriotic, but things can be done by the City to make people aware of right and wrong. Commissioner Partner added that two members of this Commission are WWII veterans and understand more than others the value of the flag. If an ordinance was in effect it could be enforced properly by Code Enforcement Officers. CONSENT AGENDA 6. Commissioner Portner seconded by Vice Mayor Sultanof moved approval of all items on the Consent Agenda. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carried. a. APPROVE the minutes of the March 24, 2004 Regular City Commission meeting. APPROVED b. EXPRESSING APPRECIATION TO CHARTER BOARD MEMBERS — DISBANDING CHARTER BOARD: (TR10326) Expressing appreciation to the Charter Board members for their efforts on behalf of the City of Tamarac and disbanding the City of Tamarac Charter Board, with new appointments scheduled to be made in six years. RESOLUTION NO. R2004-66 C. TASK AUTHORIZATION- STORM WATER MASTER PLAN: (TR10370) Executing Task Authorization No. 04-13E with Craven Thompson and Associates, Inc. to develop a Stormwater Master Plan for the City, in accordance with the City's consulting engineering agreement as authorized by Resolution #R-2001-185; authorizing an expenditure for said purpose in an amount not to exceed $238,040.00; authorizing the appropriate city officials to administer the contract. RESOLUTION NO. R2004-67 d. TAMARAC WATER UTILITY EASEMENT — BUDDHIST TEMPLE PROJECT: (TR10375) Executing a "Tamarac Water Utility Easement" with the International Buddhist Progress Society for the Buddhist Temple Project, located at 9341 NW 57th Street, Tamarac, FL 33321 to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution System April 14, 2004 4 Improvements; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-68 e. BILL OF SALE ABSOLUTE — BUDDHIST TEMPLE PROJECT: (TR10376) Accepting a Bill of Sale Absolute from the International Buddhist Progress Society for the Water Distribution System Improvements installed for the Buddhist Temple Project, located at 9341 NW 57th Street, Tamarac, FL 33321, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2004-69 f. CHANGE ORDER NO. 1 — PHASE IV-B MEDIAN BEAUTIFICATION: (TR10369) Executing Change Order Number 1 to the Seven Year Comprehensive Street Improvement Program Phase IV-B Contract with Vila & Son Landscaping, Inc. for the addition of Greenbriar median beautification, the substitution of dwarf fire bush for dwarf fakahatchee grass throughout the project and the cost of modifying the fittings used with mainline irrigation pipes; authorizing an additional expenditure in an amount not to exceed $101,038.11. RESOLUTION NO. R2004-70 g. INTENT TO RENEW EXISTING AGREEMENT BETWEEN CITY OF TAMARAC AND BSO FOR LAW ENFORCEMENT SERVICES: (TR10390) Providing written notice to the Sheriff of Broward County of the City's intent to renew the existing agreement between the City of Tamarac and the Sheriff of Broward County for Law Enforcement Services in accordance with Article XXI, Option to Renew, Section 21.2 of the Agreement. RESOLUTION NO. R2004-71 h. AMENDING TERMS OF EMPLOYMENT: (TR10402) Amending the terms of employment of City Manager Jeffrey L. Miller, as set forth in Resolution No. R- 99-226; as amended by Resolution Nos. R-2000-91, R-2001-123, R-2002-116 and R-2003-90. RESOLUTION NO. R2004-72 i. AMENDING THE INVESTMENT POLICY: (TR10381) Revising the Investment Policy of the City of Tamarac to clarify when securities losses to the City are appropriate; authorizing the utilization of certain investment instruments related to bond proceeds and debt service; permitting the City to enter into investment agreements with providers; providing for the addition of the term "Swap" to the glossary; deleting all references to Section 6-26 of City Code of Ordinances. RESOLUTION NO. R2004-73 j. RECIPROCAL USE AGREEMENT — SCHOOL BOARD OF BROWARD COUNTY: (TR10398) Executing a Reciprocal Use Agreement between the City of Tamarac and the School Board of Broward County, Florida, to provide reciprocal use of City and School Board facilities. RESOLUTION NO. R2004-74 END OF CONSENT AGENDA April 14, 2004 5 REGULAR AGENDA PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCE — SECOND READING 7. AMENDING CHAPTER 6 OF THE TAMARAC CODE - INVESTMENT OF CITY FUNDS: (T02041) Motion to adopt Ordinance on second reading amending Chapter 6, "Finance and Taxation", Article II, "Fees and Funds", Section 6-26, "Investment of City Funds" to recognize the Investment Policy as the governing document for the investment of City funds and Section 6-27, "City Commission Investment Decisions" requiring the City Commission to establish an Investment Policy by Resolution; providing for codification. City Attorney Kraft read Temporary Ordinance 2041, Revision #1, on second reading by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing. Ilene Singer, 9539 Weldon Circle, Tamarac, asked for an explanation of this item. Finance Director Newman explained City Code is being amended to eliminate the list of allowable investments since an Investment Policy has been adopted which governs the investment of City funds. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes', Commissioner Portner "yes", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Roberts "yes". Motion carried. ORDINANCE NO. 0-2004-10 QUASI-JUDICIAL HEARINGS 8. AMENDING PRIOR ZONING — BRUCE PLAT: (T02043) Motion to adopt Ordinance on first reading amending prior zoning of certain real estate property (aka: Bruce Plat) from B-2 (Community Business District) to R-4A (Planned Apartment Residential District) lands commonly known as Parcels "A" and "B" of the "Bruce Plat", according to the Plat thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida, located on the southeast corner of North University Drive and NW 64t" Street (Case No. 2-Z-04); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2043, Revision #1 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney John Millege waived his quasi-judicial rights on behalf of Prestige Homes of South Florida, Inc. Community Development Director King gave a presentation. Vice Mayor Sultanof confirmed the location of the property and questioned ingress and egress. Community Development Director King responded that at this time ingress and egress is onto University Drive. Commissioner Roberts said that she is not in favor of amending prior zoning as the City should not be giving away commercial property zoning to residential areas, because commercial property brings in a higher tax base and uses less public services. Mayor Schreiber opened the public April 14, 2004 6 hearing. Burt Schneider, 8016 NW 72" d Street, Tamarac, agreed with Commissioner Roberts and spoke of density, traffic and environmental concerns. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Commissioner Flansbaum-Talabisco asked how long the property has stood vacant and Community Development Director King responded it has always been vacant. Commissioner Flansbaum-Talabisco said in that case chances are slim that the property would be developed commercially. Commissioner Roberts responded that the previous owner sold the property, which was then sold within a short period to Prestige Homes. Commissioner Portner questioned the traffic report and Community Development Director King explained the residential designation will generate fewer trips than commercial. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "no", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum- Talabisco "yes". Motion carried. APPROVED ON FIRST READING APRIL 14, 2004 9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — CREATING ARTICLE X ENTITLED "WOODLANDS OVERLAY ZONING DISTRICT": (TO2038) Motion to adopt Ordinance on second reading amending Chapter 24 of the City of Tamarac Code of Ordinances entitled, "Zoning*", creating Article X entitled, "Woodlands Overlay Zoning District", Sections 24-800 through 24-811 contained herein by establishing specific regulations to preserve the neighborhood character, promote its high quality and appearance, maintain property values and protect the health, welfare and quality of life of its residents by ensuring properties are maintained in accordance with the community standards (Case No. 6-Z-04); providing for codification. City Attorney Kraft read Temporary Ordinance 2038, Revision #1, on second reading by title. Commissioner Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and said the City is the petitioner and waived the quasi-judicial rights on behalf of the City. Community Development Director King gave a presentation and thanked Commissioner Flansbaum-Talabisco, Jack Talabisco, Larry Torn, the City Attorney's office and City staff for their help in bringing this ordinance to fruition. Commissioner Portner questioned fences and Community Development Director King replied that after tonight, if the ordinance is approved, requests for fences in the Woodlands community will be denied. Commissioner Portner asked if any homeowner association in Tamarac would be able to piggy -back onto this ordinance, and Community Development Director King and City Attorney Kraft explained that the process grew out of community input and is tailored to the Woodlands. There would have to be a similar process for other communities should another community wish to have a similar ordinance. Commissioner Roberts explained that this ordinance was created because after 30 years the Woodlands community lost their deed restrictions and they are now putting back what they can. Commissioner Flansbaum-Talabisco added that this ordinance was a direct result of expiration of deed restrictions and it has been 2-1/2 years in the making. Mayor Schreiber opened the public hearing. Ilene Singer, 9539 Weldon Circle, Tamarac, asked if there would be a cost to the City to enforce the ordinance. Community Development Director King stated that code enforcement officers would handle enforcement and there would be no additional cost to the City. Ms. Singer April 14, 2004 7 asked if this would set a precedent and cause problems later on, and City Attorney Kraft explained that the issue came up during the process and the Commission is charged with providing service to all communities. It will not set a precedent. The Commission will, if necessary, look into concerns of other communities, as that is the role of government. There are no credible grounds for a lawsuit. 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. Mr. Torn thanked the Commission on behalf of the Woodlands Homeowners Association. ORDINANCE NO. 0-2004-11 10. AMENDING DEVELOPMENT ORDER — WESTPOINT DEVELOPMENT OF REGIONAL IMPACT (DR (T02042) Motion to adopt Ordinance on first reading amending the Development Order for the Westpoint Development of Regional Impact (DRI) generally located in Section 7, Township 49 South, Range 41 East and approved by Ordinance No. 0-89-44 adopted December 21, 1989, and thereafter amended by Ordinance No. 0-94-20 adopted November 9, 1994, and thereafter amended by Resolution No. R-2000-206 adopted July 12, 2000, and thereafter amended by Ordinance No. 0-2000-33 adopted November 22, 2000 and amending the Development Order for the Westpoint DRI converting "Office/Hotel' to "Industrial/Office; Hotel; Automobile Dealership" on the Revised Development Plan; and amending the Revised Master Development Plan and converting "Industrial Use" square footage to "Automobile Dealership" square footage; reaffirming Ordinance No. 0-89-44 as amended by Ordinance No. 0-94-20 as amended by Resolution No. R-2000-206 as amended by Ordinance No. 0-2000-33 except as amended herein; providing for recordation in accordance with Section 380.06(15)(f), Florida Statutes (Case No. 7-MI- 04). City Attorney Kraft read Temporary Ordinance 2042, Revision #1 on first reading by title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney Susan P. Motley, Ruden, McClosky, Smith, Schuster & Russell, P.A., waived her quasi-judicial rights on behalf of TT of Sawgrass, Inc. Community Development Director King gave a presentation. Vice Mayor Sultanof and Commissioner Roberts confirmed that the Infiniti Dealership would use between 6-7 acres and the rest would be left for the hotel. Ms. Motley said that is correct. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. APPROVED ON FIRST READING APRIL 14, 2004 11. AMENDING PRIOR ZONING — LOT 1. BLOCK 1 OF THE "LYONS INDUSTRIAL PARK" PLAT: (T02040) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property (aka: Lyons Industrial Park Plat) from B-5 (Limited Business District) to R-3 (Low -Density Multi -Family Residential District) lands commonly known 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 April 14, 2004 8 of Broward County, Florida, located on the west side of NW 881h Avenue, approximately 1500 feet north of NW 57th Street (Case No. 3-Z-04); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft said Item 11, Temporary Ordinance 2040, Item 12, Temporary Resolution 10382 and Item 13, Temporary Resolution 10383 are companion items and could be heard together with separate motions on each item. City Attorney Kraft read Temporary Ordinance 2040 on second reading by title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval of Temporary Ordinance 2040. City Attorney Kraft read Temporary Resolution 10382 by title. Vice Mayor Sultanof seconded by Commissioner Portner moved approval of Temporary Resolution 10382. City Attorney Kraft read Temporary Resolution 10383 by title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval of Temporary Resolution 10383. City Attorney Kraft explained the quasi-judicial procedures and Attorney Gerald Knight, Holland & Knight, LLP, waived his quasi-judicial rights on behalf of the applicant for Items 11, 12 and 13. Community Development Director King gave a presentation. Commissioner Roberts said she hopes the applicant understands that while she knows they build quality homes she must vote against the items because of the zoning change from commercial to residential. Mayor Schreiber opened the public hearing. Patti Atkins, 5903 Blue Beech, Tamarac, spoke about problems of selling homes in Tamarac due to lack of a high school in Tamarac and the fact that schools in surrounding areas are D rated. Ilene Singer, 9539 Weldon Circle, Tamarac spoke against the project, and questioned the City's master plan. Community Development Director King responded that there have been only seven land use plan amendments the past few years. A master plan is a requirement of the city to be used as a guideline on how to develop the City. With demographic and economic changes occurring, staff looks at the best use for vacant property as well as redevelopment. Commissioner Portner added that Tamarac is a wonderful place to live, and he has asked the City Manager to look into a Charter School for Tamarac. We must face the fact that change will occur and we must move on and find a way to satisfy the residents and business people. Commissioner Flansbaum-Talabisco said school rating is not within the control of this Commission. The Commission is doing what it can to work with the school board. Vice Mayor Sultanof said in the past 40 years these commercial properties have not been developed and vacant land brings no revenue to the City. In order to provide services Tamarac needs to continue to grow and develop and bring in revenue. We cannot stop progress; we need funds to operate Tamarac, and taxes have not been raised in the last four years. Vice Mayor Sultanof spoke about the lack of multi -story schools in South Florida. Commissioner Roberts disagreed and said there are multi -story schools in South Florida, and School Board Representative Stephanie Kraft has worked hard to give Tamarac everything it needs and continues to work with Tamarac. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Mayor Schreiber said one of the keys to the success of Tamarac is economic development. The 600 acre light industry parcel which has been developing over the past few years has brought in jobs and tax money. When a company looks at an area they also look at schools and homes, as these are needed to provide a place for the employees to live and raise their families. On roll call for Item 11, Temporary Ordinance 2040, April 14, 2004 9 Commissioner Partner voted "yes", Commissioner Roberts "no", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carried. ORDINANCE NO.O-2004-12 12. SPECIAL EXCEPTION — RIVERSIDE: (TR10382) 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-3 (Low -Density Multi -Family Residential District) zoning category to Riverside, located on the west side of NW 88th Avenue, approximately 1500 feet north of NW 571h Street, specifically 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 (Case No. 4-Z-04); providing for conditions of approval. On roll call for Item 12, Temporary Resolution 10382, Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Roberts "no". Motion carried. RESOLUTION NO. R2004-75 13. DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — RIVERSIDE: (TR10383) Motion to approve Resolution issuing Development Order No. 327 and granting New Development Site Plan approval to Riverside to allow the construction of a thirty-two (32) unit town home development with associated parking, landscaping and infrastructure improvements, located at the west side of NW 88th Avenue (Pine Island Road), approximately 1500 feet north of NW 57th Street, specifically 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 (Case No. 7-SP-04); providing for conditions of approval. On roll call for Item 13, Temporary Resolution 10383, Mayor Schreiber voted "yes", Commissioner Roberts "no", Vice Mayor Sultanof "yes", Commissioner Partner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2004-76 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS (NOT A PUBLIC HEARING) 14. ADOPTION OF "WOODLANDS_ COLOR PALETTE": (TR10401) Motion to approve Resolution approving the adoption of the "Woodlands Color Palette" pursuant to Chapter 24 entitled, "Zoning*", Article X entitled, "Woodlands Overlay Zoning District" Section 24-807 entitled, "Exterior colors for single-family residences (base building colors, accent colors and trim colors)" (Case No. 9-Z-04). City Attorney Kraft read Temporary Resolution 10401, Revision #1 by title. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval. Commissioner Roberts confirmed that the colors are already in place and are now being formalized. Community Development Director King responded in the affirmative. Mayor Schreiber April 14, 2004 10 1 questioned how the colors are determined and Community Development Director King explained that the numbers on the swatches are the paint numbers for each color. If a resident chooses to purchase paint from another manufacturer, of a similar color, it will be at the discretion of the Building Official to determine the match. If a resident wants to amend the paint palette colors, the resident can come before the Commission to request additional colors. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Partner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2004-77 There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular meeting at 8:55 p.m. / E SCHREIBER, MAYOR MARION SWEr4SON, CMC CITY CLERK CIT April 14, 2004 11 Page 1 of 1 Marie Abbandando From: HESITYD@aol.com Sent: Tuesday, April 13, 2004 6:44 PM To: Ed Portner Subject: Proposed Flag Ordinance Dear Commissioner Portner, At a time when our country is at war, at a time when our nation's youth are making the ultimate sacrifice possible to insure our own freedom at home, the Tamarac City Commission meets to discuss your proposed United States flag ordinance. I grew up at a time when in civics class we were taught that the U.S. flag was a historic symbol of our democracy and the precious freedom that it brings; that the flag should be treated with the utmost respect and its physical condition should be maintained with the highest standard of care. I still feel that way about our nations' flag, and while understanding the views of other good and patriotic people who might see your ordinance as unnecessary, i support your initiative and thank you, as well as the other City Commissioners, who will consider this issue. No-one in our city means to show disrespect to our flag, or else they wouldn't have displayed it in the first place. A gentle reminder by way of this ordinance is especially appropriate today. My best regards to the Mayor and Tamarac City Commission, Harry Dressler 7545 Banyan Way Woodmont Estates 4/14/2004 Aar'riott. HOTELS • RESORTS • SUITES