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
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=f Marion Swenson, CMC �',
City Clerk
May 9, 2007
Page 6 of 6
Beth .. .• •
Mayor
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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
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Telephone: (954) 761-3636
Facsimile: (954) 761-1818
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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
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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
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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
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