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HomeMy WebLinkAbout2007-05-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY MAY 9, 2007 CALL TO ORDER: Mayor Beth Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 pm on Wednesday, May 9, 2007 in Chambers at Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Tiffany Colvert, "Sun -Sentinel Kid of Character' — Tamarac Elementary School, led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming May 19, 2007 as "Kids Day America". (Requested by Mayor Flansbaum-Talabisco) Dr. Richard Henry accepted. Mayor Flansbaum-Talabisco said we will celebrate Kids Day America at the Tamarac Community Center on May 19th, in partnership with our health fair. b. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming the week of May 13-19, 2007 as "National Police Week". (Requested by BSO Chief Dugger) BSO Chief Dugger accepted, and said sadly, last year on November 12th, we lost a Tamarac Deputy in the line of duty. BSO Chief Dugger thanked the Mayor and City Commission on behalf of the BSO Officers in Tamarac and across the nation, who protect our citizens daily. REPORTS 2. City Commission_ Mayor Flansbaum-Talabisco welcomed Tiffany Colvert and her family to the meeting and said Tiffany was recognized by the Sun -Sentinel as a "Kid of Character'; Tiffany is a role model and leader. Mayor Flansbaum-Talabisco read a letter into the record from the Kindergarten Teachers at Challenger Elementary School (a copy of which is attached and incorporated as part of these minutes), thanking the City for outstanding swim instruction at our Aquatic Center. Mayor Flansbaum- Talabisco said she spent Saturday at the Aquatic Center with her family and it is a phenomenal facility and she urges everyone to go to the center. Friday and Saturday the American Cancer Society Relay for Life was held at Millennium Middle School, hosted by the City of Tamarac. Commissioner Atkins -Grad was also in attendance, and May 9, 2007 Page 1 of 6 the Relay raised $40,000 for the American Cancer Society. It was a beautiful event and many businesses from Tamarac came to support the event. This was the first Relay For Life held in Tamarac and Vicki Reid, Chamber of Commerce Director, was instrumental in the success of the event. Mayor Flansbaum-Talabisco attended the opening of the new Kosher food department at the Winn Dixie on McNab and University and while she was there she spoke with the Manager and asked him to have a generator installed for hurricane season. Mayor Flansbaum-Talabisco was told there will be a generator at that location. Commissioner Portner reported he attended National Leadership Training in Little Rock Arkansas this past April and while he was there he had the opportunity to visit President Clinton's Library; it was a wonderful experience. Commissioner Portner encouraged everyone who has the opportunity to visit a presidential library to do so. Commissioner Atkins -Grad said Tamarac raised more money than any other city for the Relay For Life this past weekend. Vice Mayor Sultanof wished Mayor Flansbaum-Talabisco a happy birthday. Vice Mayor Sultanof said there are exceptional people working for the City and commended Director of Utilities Gagnon for personally going to a resident's home to assist the resident. Vice Mayor Sultanof commended City Manager Miller, who handles the infrastructure of City government, and has a wonderful working relationship with his directors. Vice Mayor Sultanof acknowledged Mrs. Schneider and Tiffany Colvert, who were in the audience. Commissioner Dressler thanked Director of Parks and Recreation Warner for the work he does on behalf of the City. Commissioner Dressler said he attended the bikeway public meeting, which is one of dozens of programs Parks and Recreation hosts for the City. City Manager Miller does an outstanding job in leadership and team development. Commissioner Dressler said coming from the private sector, he understands the different demands on public sector managers, who have a far more challenging job. Additionally, City Manager Miller, Financial Services Director Chapman and their staffs are currently going through one of the more difficult management exercises, designing the budget in a vacuum, as we do not know what Tallahassee will put upon us. Commissioner Dressler said it is an honor to work with Tamarac's professionals. The Bill requiring state public pension funds to become disinvested with companies who do business with terrorist states has passed, and he is pleased this Commission joined in support of this Bill. Commissioner Dressler said he is a Master Trustee for the Florida Municipal Employee Trust Fund and he will try to get this on their agenda also. 3. City Attorney: City Attorney Goren spoke of a potential challenge to the public defender's defense of indigent defendants. There was a meeting between the Chief Judge and the Public Defender and the results were less than positive. Ft. Lauderdale intends to file suit against the Public Defender, challenging the constitutionality of his decision, and City Attorney Goren said he may come back to the Mayor and City Commission at a future date to ask them to join in the suit. Tamarac is careful to make sure that any code violations that might result in jail time or fines are bootstrapped to State violations, so that the Public Defender must take the case. Commissioner May 9, 2007 Page 2 of 6 Dressler asked if when looking to join the lawsuit, we would also look at the option of filing an Amicus Brief. 4. City Manager: City Manager Miller said with regard to annexation, Boniello Gardens voted unanimously to become annexed into Tamarac; the balance of the property in question passed the legislature 115-1 (House vote) and the companion Bill in the Senate passed 38-0. We are now awaiting the signature of the Governor. City Manager Miller thanked City Attorney Goren, Economic Development Officer Berns, City Clerk Swenson, Community Development Staff, Management Intern Campbell, and Commissioner Portner for this great accomplishment. Financial Services and Purchasing report through the on-line auction we sold 21 vehicles and 3 pieces of heavy equipment, which netted the City $91,436.25. City Manager Miller thanked Purchasing/Contracts Manager Glatz for his efforts. Eighty-five Veterans and their spouses, as well as the Mayor and City Commission, attended the 8th Annual Veterans' Assembly. City Manager Miller thanked Vice Mayor Sultanof for spearheading this event. On May 11th we will host another Tamarac @ Twilight Concert at the Sports Complex from 7:00 pm — 9:00 pm. The Hurricane Preparedness Expo will take place on May 12th from 10:00 am —1:00 pm at the Tamarac Community Center. Mayor Flansbaum-Talabisco thanked City Manager Miller for all he does, and said she has admiration and respect for him. City Manager Miller said it is an honor and privilege to work for the City of Tamarac. Commissioner Portner said at the Seminar in Little Rock, which was about budgeting, he realized that Tamarac is ahead of the curve, and congratulated City Manager Miller on his preparation of the City's budget. This is a very hard job now because we do not know what we are going to lose. Mayor Flansbaum-Talabisco said the City received a letter from Attorney Coker with regard to Item 9 on tonight's agenda, asking to have the item withdrawn from the agenda. Mayor Flansbaum-Talabisco read the letter into the record (a copy of which is attached and incorporated as part of these minutes). City Manager Miller confirmed the item is withdrawn from the agenda and will not be continued to a later date. PUBLIC PARTICIPATION 5. Burt Schneider, 8016 NW 72 Street, joined the accolades to City Manager Miller. Mr. Schneider said after attending shurettes he is still confused with what is being planned for Woodmont. Bob Storch, 4622 NW 45 Court spoke of traffic analysis and trip generation with regard to the Monterey and Sabal Palm Development projects. Mr. Storch distributed charts to the Mayor and City Commission (copies of which are attached and incorporated as part of these minutes). Amy Breckerman, 8566 NW 61 Street spoke in opposition to the protesters standing in front of Tamarac Elementary School during arrival and dismissal times. Mrs. Breckerman distributed a photo of the protesters (attached and incorporated as part of May 9, 2007 Page 3 of 6 these minutes). Commissioner Dressler spoke of free speech and City Attorney Goren said first amendment rights have a great deal of substance in interpretation. He will look into the matter. Commissioner Portner said this is a very difficult position for everyone, but children should be taught at home those things that parents feel are appropriate or inappropriate. Vice Mayor Sultanof said it is one thing to exercise first amendment rights but another thing if an individual exercising those rights offends another. Commissioner Atkins -Grad said she would call Mrs. Seiler, Principal of Tamarac Elementary School. Commissioner Dressler suggested perhaps a group of like minded people could counter demonstrate; he would be happy to assist in any way he could. CONSENT AGENDA 6. Commissioner Dressler seconded by Vice Mayor Sultanof moved approval of all items on the consent agenda. On roll call Commissioner Portner voted "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum- Talabisco "yes", and Vice Mayor Sultanof "yes". Motion carried. a. APPROVE the minutes of the April 25, 2007 Regular City Commission meeting. APPROVED b. DESIGN AND RENOVATION — FIRE STATIONS 41 AND 78: (TR11165) Executing task authorization No. 07-05E with Saltz Michelson Architects to provide architectural services for the design of the Tamarac Fire Stations 41 & 78 facade and interior renovation improvement project, in accordance with the City's consulting service agreement as authorized by Resolution #R-2006-131; authorizing an expenditure for said purpose in an amount not to exceed $88,750.00; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2007-60 C. EXTENSION OF FINAL SITE PLAN APPROVAL — BRUSTER'S: (TR11176) Granting a time extension of one (1) year for final site plan approval for Bruster's, requested by Elf LLC (Carlos and Christine Frias), applicant (Case No. 11-SP-07); providing for conditions of approval. RESOLUTION NO. R2007-61 d. CONFIRMING THE APPOINTMENT OF RON HOLT AS A TRUSTEE OF THE POLICE PENSION BOARD: (TR11189) Confirming the appointment of Ron Holt as a Trustee of the Police Pension Board to serve a two-year term ending April 25, 2009. RESOLUTION NO. R2007-62 e. AMENDING TERMS OF EMPLOYMENT: (TR11191) 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, R-2003-90, R- 2004-72, R-2005-136, and R-2006-108. RESOLUTION NO. R2007-63 f. ACCEPTING A FEDERAL MEDIATION AND CONCILIATION SERVICE LABOR MANAGEMENT GRANT AWARD: (TR11188) Authorizing the acceptance of a grant award from the Federal Mediation and Conciliation Service Labor Management Grants Program in the amount of $93,352 to support the Tamarac Employee Safety Committee and enhance the City's safety program; providing for a 10 percent cash May 9, 2007 Page 4 of 6 match of $10,373 in local funds for a total project cost of $103,725; providing for the execution of award documents. RESOLUTION NO. R2007-64 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES — FIRST READINGS 7. FRANCHISE AGREEMENT FOR COMMERCIAL SOLID WASTE SERVICES: (TO2138) Motion to adopt Ordinance on first reading authorizing the appropriate City officials to execute a Commercial Garbage Franchise Agreement between the City of Tamarac and FSR Transporting and Crane Services, Inc. City Attorney Goren read Temporary Ordinance 2138 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval. On roll call Commissioner Dressler voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Atkins - Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING MAY 9, 2007 8. ADDITIONAL SENIOR HOMESTEAD EXEMPTION: (TO2139) Motion to adopt Ordinance on first reading amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance and Taxation", by specifically creating Article VII, entitled "Senior Homestead Tax Exemption"; providing that an additional homestead exemption of up to Fifty Thousand Dollars ($50,000.00) for persons sixty-five (65) years of age and older shall be authorized to taxpayers satisfying the requirements as set forth in Section 196.075 of the Florida Statutes, which includes but is not limited to the person's household income does not exceed Twenty Thousand Dollars ($20,000.00), as adjusted pursuant to State Statute; providing that a taxpayer seeking the additional homestead exemption shall submit on an annual basis a sworn statement to the Broward County Property Appraiser's Office; providing for an annual adjustment; providing for severability; providing for conflict; providing for inclusion in the code; providing for an effective date subject to the acceptance of the Ordinance by the Broward County Property Appraiser's Office. City Attorney Goren read Temporary Ordinance 2139 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Dressler moved approval. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Portner "yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes", and Vice Mayor Sultanof "yes". Motion carried. ADOPTED ON FIRST READING MAY 9, 2007 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS There were no Ordinances scheduled for second reading. QUASI-JUDICIAL HEARINGS 9. SPECIAL EXCEPTION — STORAGE FACILITY: (TR11129) Motion to approve Resolution approving a Special Exception to allow the operation of a storage facility in a May 9, 2007 Page 5 of 6 B-3 (General Business District) zoning category located at the southwest corner of NW 77th Street and NW 88th Ave (Pine Island Road), specifically Parcel "A" of The "I.C. Plat", according to the Plat thereof as recorded in Plat Book 130, Page 35 of the public records of Broward County, Florida, (Case No. 1-Z-07); providing for conditions of approval. TABLED AT THE MARCH 14, 2007 CITY COMMISSION MEETING ITEM WITHDRAWN FROM THE AGENDA AT THE REQUEST OF THE APPLICANT END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS NOT A PUBLIC HEARING 10. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved the addition of Temporary Ordinance 2140 as item 10 to the regular agenda. All were in agreement via unanimous voice vote. AMENDING CHAPTER 2, ARTICLE III OF THE TAMARAC CODE, ENTITLED BOARDS, COMMITTEES, COMMISSIONS: (TO2140) Motion to adopt Ordinance on first reading amending Chapter 2, Article III of the Tamarac Code, entitled Boards, Committees, Commissions, to provide for the process for appointing individuals to the City's advisory boards and committees; providing for codification; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read Temporary Ordinance 2140 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval. Commissioner Portner congratulated City Clerk Swenson for bringing this ordinance to the Mayor and City Commission. On roll call Mayor Flansbaum-Talabisco voted "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", Commissioner Portner "yes", and Commissioner Dressler "yes". Motion carried. ADOPTED ON FIRST READING MAY 9, 2007 There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the regular meeting of the City Commission at 8:10 p.m. 1 I"'- __� L.. _L (it =f Marion Swenson, CMC �', City Clerk May 9, 2007 Page 6 of 6 Beth .. .• • Mayor 1 C 1 match of $10,373 in local funds for a total project cost of $103,725; providing for the execution of award documents. RESOLUTION NO. R2007-64 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES — FIRST READINGS 7. FRANCHISE AGREEMENT FOR COMMERCIAL SOLID WASTE SERVICES: (T02138) Motion to adopt Ordinance on first reading authorizing the appropriate City officials to execute a Commercial Garbage Franchise Agreement between the City of Tamarac and FSR Transporting and Crane Services, Inc. City Attorney Goren read Temporary Ordinance 2138 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval. On roll call Commissioner Dressler voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Atkins - Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING MAY 9, 2007 8. ADDITIONAL SENIOR HOMESTEAD EXEMPTION: (T02139) Motion to adopt Ordinance on first reading amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance and Taxation", by specifically creating Article VII, entitled "Senior Homestead Tax Exemption"; providing that an additional homestead exemption of up to Fifty Thousand Dollars ($50,000.00) for persons sixty-five (65) years of age and older shall be authorized to taxpayers satisfying the requirements as set forth in Section 196.075 of the Florida Statutes, which includes but is not limited to the person's household income does not exceed Twenty Thousand Dollars ($20,000.00), as adjusted pursuant to State Statute; providing that a taxpayer seeking the additional homestead exemption shall submit on an annual basis a sworn statement to the Broward County Property Appraiser's Office; providing for an annual adjustment; providing for severability; providing for conflict; providing for inclusion in the code; providing for an effective date subject to the acceptance of the Ordinance by the Broward County Property Appraiser's Office. City Attorney Goren read Temporary Ordinance 2139 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Dressler moved approval. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Portner "`yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes", and Vice Mayor Sultanof "yes". Motion carried. ADOPTED ON FIRST READING MAY 9, 2007 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS There were no Ordinances scheduled for second reading. QUASI-JUDICIAL HEARINGS 9. SPECIAL EXCEPTION — STORAGE FACILITY: (TR11129) Motion to approve Resolution approving a Special Exception to allow the operation of a storage facility in a May 9, 2007 Page 5 of 6 CD Vj CD CL CD CD no V� CD CD cn 0 Telephone: (954) 761-3636 Facsimile: (954) 761-1818 1_0 "4_93 Law Offices COKER & FEINER' 1404 South Andrews Avenue Fort Lauderdale, FL 33316-1840 May 9, 2007 TO: Jennifer K. Bramley Director of Community Development City of Tamarac Fax: (954) 597-3540 FROM: RICHARD G. COKER, JR. E-mail: rgcokcr@coker-feiner.com RE: Tamarac Stor-All Special Exception City Commission Hearing Richard G. Coker, Jr., P.A. Rod A. Feiner . __eZ '4_1 �_J On behalf of the Owner and applicant, I am hereby withdrawing the application for the Tamarac Stor- All Special Exception. Please notify the: appropriate City officials of this withdrawal. Thank you for your attention to this matter. VC UTS, CHARD G. COKER, JR. For the Firm Charlie Anderson, Stor-All Fax: (954) 426-1108 RGC:yt Zesti ft. $400 uesum A 4�n, C, - ., A & —11 -- Ae ewl-4 Cr t /c, 7- TABLE F-4 MONTEREY RESIDENTIAL TRIP GENERATION Land Use Intensity AM Peak Hour- (7-9AM) Total ID out Existing Designation 33.37 acres 262 173 89 Commercial Recreation Net Approved 2 HR PEAK PERIOD 526 346 178 Proposed Designgtion. 49 du 49 18 31 Single Family Residential Townhouse/Condominium 184 d.u. 99 33 66 Subtotal 233 units 148 51 97 Total Proposed 2 HR AM TRIP GEN 296 102 194 Net Change in Trip Generation Potential -114 8 -122 2 HR TRIP GEN AM -228 16 -244 Notes: Trip generation was calculated using the following data: AM Peals Hour Traffic Generation Commercial Recreation (Broward Co) T =7.85 trips per acre (66% in, 34% Single Family Residential (Broward Co) T =1.01 trips per d.u.; (37% in, 630/oot Townhouse/Condominium (Broward Co) T = 0.54 trips per d.u.; (33% in, 670/6 oui 19 TABLE F-4 MONTEREY RESIDEN'rIAL TRIP GENERATION Land Use Existi jaesignation Commercial Recreation Net Approved Pro used Designation Single Family Residential Townhouse/Condominium Subtotal Total Proposed Net Change in Trip Generation Potential Intensity __ PM Peak Hour S-7 Tota! In out 33.37 acres 262 89 173 262 89 I73 49 d.u. 49 31 IS 184 d.u. 99 66 33 148 97 S1 148 97 51 -114 8 -122 Notes: Trip generation was calculated using the following data: PM Peak Hour Traffic Generation Commercial Recreation [Broward Co.] [Broward Single Family Residential Co.] [Broward wxnhouse/Condominium Co.] T = 7.85 trips per acre; (34% in, 66% out) T = 1.01 trips per d.u.; (63% in, 37% out) T = 0.54 trips per d.u.; (67% in, 33% out) 19 TABLE F-4 MONTEREY RESIDENTIAL TRIP GENERATION REVISED AND ADJUSTED AM& PM TRIP GENERATION Land Use Intensity AM Peak Hour- (7-9AM) PM PEAK HOUR 5-7 PM Total iN Out Existing Designation AM TRIP 2 HOUR TOTAL TRIP 62 124 62 124 0 0 Commercial Recreation Net Approved PM TRIP 20 0 20 c?: Da 2 HOUR TOTAL TRI 40 0 40 Proposed Designation 49 du (2 CARS/ UN17) 49 8 41 Single Family Residential AM TRIPS T ' 'um 184 du. (IA5 CARS/ UNIT) 1% 21 135 Subtotal 233 units 205 29 176 Total Proposed 2 HR AM TRIP GEN 410 58 352 PM TRIP GENERATION Single Family Resident Townhouse/Condominium 49 d-u. (2 CARSJUNIT 184 d.u. (1.85 CARS✓) 49 41 8 at Subtotal Total Proposed 2 HR PM TRIP GFN o rZz L4La Notes: Trip generation was calcuWed using thi following jc7lI9L ljrfF�ia'rP -{ i � data AM Peak Hour Trd& Generation L Hagk P<af T0T. L Dr FF / _34% Commercial Recreation (Broward Co) T=7.85 trips per acre (66% in, 34% Single Family Residential (Broward Co) T =1.01 trips perdu.; (37% in, 63%ot Townhouse/Condominium (Bmward Co) T = 0.54 trips per du.; (33% in, 671/6 oa TOWNHOUS/CONDOMINIUM CHANGED T= 0.W trips per d.w 19 r PWI r� It r: rk �.x <M 4 d T YOUR &3