HomeMy WebLinkAbout2006-05-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY MAY 10, 2006
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 7:00 p.m. on Wednesday, May 10, 2006 in Chambers at
Tamarac City Hall, 7525 N.W. 88t' Avenue, Tamarac, FL.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner,
Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner
Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
Commissioner Sultanof led the pledge of allegiance.
INTRODUCTION
PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming May
10, 2006 as "The League for the Hard of Hearing Day" in the City of Tamarac and the
State of Florida. Arthur Shur, League of Hard of Hearing, accepted the proclamation
and thanked the Mayor and City Commission. Mr. Shur said the organization is the only
hearing service provider in Broward County and the United Way pays for a good deal of
the organization's activities. The League for the Hard of Hearing has served 2,500
Tamarac residents over the past three years. Mr. Shur presented the Mayor and City
Commission with a certificate from the League. Director of Parks and Recreation
Warner said this is an important program for Tamarac residents and has proven to be a
great partnership between the League of the Hard of Hearing and the City of Tamarac.
b. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming the
week of May 14-20, 2006 as "Emergency Medical Services Week" in the City of
Tamarac and the State of Florida. EMS Division Chief Sheridan accepted and said last
year Tamarac Fire Rescue handled 8,350 incidents of 911 calls in Tamarac. The acuity
of care has increased this year and new technology has been instituted. EMS Division
Chief Sheridan spoke of the American Heart Association Automatic Defibrillator
Program and said next week is EMS Week which will be celebrated with events held
throughout the county. Mayor Flansbaum-Talabisco said having had to call 911 more
than once over the years, she can attest to the fact that there are no finer men and
women than those in Tamarac's Fire Rescue.
c. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming the
week of May 21-27, 2006 as "Hurricane Preparedness Week" in the City of Tamarac
and the State of Florida. Fire Chief Budzinski accepted. Mayor Flansbaum-Talabisco
said she hoped the coming hurricane season will not be as menacing as the previous
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seasons. Fire Chief Budzinski said he hoped no hurricanes would hit South Florida this
season. There is a hurricane conference this week in Ft. Lauderdale, and as a result of
the past storms, it is the largest and best conference that has ever been put together.
The message from the Governor, FEMA, and other organizations is that personal
preparedness is absolutely essential. Residents should not hesitate to take advantage
of the tax free week for hurricane supplies. Mayor Flansbaum-Talabisco said one
thought she wanted to leave with the residents here tonight is to go home and talk to
your neighbors and friends and pass the Chiefs message along. All cities hope for a
quiet season, but we must get the message out and be prepared.
d. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming May
14-20, 2006 as National Police Week and in particular, May 15, 2006 as Peace Officers'
Memorial Day in the City of Tamarac. BSO Chief Dugger accepted and said it is an
honor, on behalf of the men and women of BSO in Tamarac and all law enforcement
agencies, to accept this proclamation. Since the County incorporated, 57 BSO officers
have lost their lives in the course of duty. Mayor Flansbaum-Talabisco thanked the men
and women of BSO for the way they do their jobs 24/7.
REPORTS
2. City Commission: Mayor Flansbaum-Talabisco said yesterday she spent the
afternoon downtown at a County Commission meeting and then at a meeting of the
Library Board, of which she is a member. Tamarac, along with the Cities of Sunrise and
Coral Springs received a certificate of commendation for outstanding effort for
participation in 'Communities For Lifetime', in recognition of the cities' steadfast
commitment to a growing, vibrant, older population. Dr. Max Mayfield was also present
and received an award from Broward County Mayor Ben Graber for his dedication to the
sciences and study of hurricanes. The County's motto for hurricane season is 'Ready,
Set, Safe'. Mayor Flansbaum-Talabisco said Tamarac received an award for being the
only library to be officially open on Sunday, as well as being open late two nights per
week. Mayor Flansbaum-Talabisco thanked her office staff and colleagues for making
her birthday special.
Vice Mayor Portner had no report.
Commissioner Atkins -Grad had no report.
Commissioner Sultanof reported that school class sizes will remain as they are without
interference from the Governor, which will mean smaller class sizes for the children.
Additionally, there will not be four new school districts. It is important for our school
children to get the best education they can and Florida should not stand in the shadow
of other states when it comes to education.
Commissioner Dressler said as liaison to the Parks and Recreation Board he was
afforded a tour of the new Aquatic Center and was overwhelmed at what a fantastic
project it will be. He did not expect the size and design of the pool and he is proud of
what Tamarac is accomplishing. Mayor Flansbaum-Talabisco questioned the opening
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date of the pool and Director of Parks and Recreation Warner said it is projected for the
beginning of June.
3. City Attorney_ City Attorney Goren gave an update on HB7121, which was
approved. Gas stations renovated as of July 1, 2006 must be pre -wired with
appropriate transfer switches to use an alternate generator power source. Anyone
owning or operating a multi -family building 75' or higher, with a public elevator, is
required to have one elevator capable of operating on an alternate power source.
These are electric issues controlled by the state building code, which local governments
can not regulate. The Bills provide less than what was expected by the Mayor and City
Commission. With regard to eminent domain, HB1567 was passed and emasculates
reference to eminent domain powers of CRA's and cities. This particular Bill becomes
effective when it becomes law and it will have great ramifications throughout Florida.
City Attorney Goren reported that Monday he met with Code Enforcement Staff and the
Code Board and is pleased to note that all Tamarac Code Enforcement Officers are
Level III Certified, and this is of great significance for the city. Additionally, several
Code Officers have attained the master level. City Attorney Goren thanked staff for
their presence at the meeting.
4. City Manager. City Manager Miller reported that the city has received unofficial
notification that we did well in Tallahassee, and as such we may receive $1 million for
various projects, such as stormwater pumps, the Sports Complex and the Linear Park.
FEMA has approved Tamarac to go to a Class VII National Flood Insurance Program,
which translates to a 15% discount to residents in certain flood hazard zones. Parks
and Recreation held a Senior Safety Lecture, and reports the hurricane registry program
is coming along nicely. Tamarac has partnered with BSO and the County for a six -week
program, `Guiding Good Choices', to provide parents with the tools necessary to raise
children free from alcohol and drug abuse. Utilities reports National Drinking Water
Week is May 7-13, and tours will be held at the Water Treatment Plant. The Water
Treatment Plant also received the Emerald Award for reduction of pollution and
hazardous waste.
PUBLIC PARTICIPATION
5. Della Eisenman, 7051 Golf Point Circle, spoke in opposition to the sale of Sabal
Palm Golf Course and Monterey Golf Course and the proposed building of homes, citing
traffic, insufficient schools, water, and safety services.
CONSENT AGENDA
6. Commissioner Sultanof seconded by Commissioner Dressler moved approval of
all items on the consent agenda. On roll call Commissioner Sultanof voted "yes",
Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", Commissioner
Dressler "yes", and Vice Mayor Portner "yes". Motion carried.
a. APPROVE the minutes of the April 26, 2006 Regular City Commission meeting.
APPROVED
May 10, 2006
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b. OCCUPATIONAL LICENSE FEE REFUND — ST. MALACHY CATHOLIC
CHURCH ANNUAL CARNIVAL: (TR10920) Approving an Occupational License Fee
Refund in an amount not to exceed $1,418.18, to be issued to the Saint Malachy
Catholic Church located at 6200 John Horan Terrace, for the operation of the Saint
Malachy Annual Carnival conducted on Thursday, October 20, 2005 through Sunday,
October 23, 2005 (Case No. 3-MI-06).
RESOLUTION NO. R2006-67
C. SPECIAL EXCEPTION APPLICATION FEE REFUND — MILANO PIZZERIA &
ITALIAN GRILL INC.: (TR10944) Authorizing a refund of $2,300.86 to Milano Pizzeria
& Italian Grill, Inc. for a Special Exception application fee, collected in error for the
Milano Pizzeria & Italian Grill project, and for accrued costs of the property notice sign
and public hearing advertising (Case No. 5-MI-06).
RESOLUTION NO. R2006-68
d. AMENDING COMMUNITY DEVELOPMENT DEPARTMENT 2005-2006 GRANT
FUND BUDGET TO INCLUDE DISASTER RELIEF FUNDS: (TR10948) Amending the
2005-2006 Grant Fund budget for the Community Development Department to include
$66,227 in Florida Housing Finance Corporation Disaster Relief funds and to be used
for the City's current Homeowner Rehabilitation Program waiting list according to the
City's Local Housing Assistance Plan and Housing Delivery Goals Chart; appropriating
said funds, including any and all necessary budget transfers (Case No. 6-MI-06).
RESOLUTION NO. R2006-69
e. FIRST AMENDMENT TO THE WATER AND SEWER DEVELOPER'S
AGREEMENT — CHEDDAR'S CASUAL CAFE PROJECT: (TR10951) Executing a
First Amendment to the Water and Sewer Developer's Agreement with PepperJack
Management, Inc, a Florida corporation, for the Cheddars Casual Caf6 Project, located
at 7951 W Commercial Blvd, requesting the addition of 2.5 ERC's for $3,500.00 in CIAC
fees, requiring 10.5 ERC's for water and 9 ERC's for sewer; totaling the payment of
$30,900.00 in CIAC fees; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2006-70
f. SUPPORTING "A WAY HOME" — BROWARD COUNTY'S TEN YEAR PLAN
TO END HOMELESSNESS: (TR10956) Supporting "A Way Home", Broward County
Florida's ten year plan to end homelessness.
RESOLUTION NO. R2006-71
g. APPROVING AND SUPPORTING CONSTRUCTION OF A HIGH SCHOOL IN
THE CITY OF SUNRISE, FLORIDA: (TR10960) Approving and supporting the
construction of a high school in the City of Sunrise, Florida that will serve the citizens
and residents of the City of Tamarac.
RESOLUTION NO. R2006-72
END OF CONSENT AGENDA
REGULAR AGENDA
7. EXTENDED HOURS PERMIT — OASIS PUB OF TAMARAC INC.: (TR10921)
Motion to approve Resolution approving a special extended hours permit, requested by
Gary Bruce Walker, owner of the Oasis Pub of Tamarac, Inc. (d/b/a: Oasis Pub), to
extend the hours of the on -premise sale and consumption of alcoholic beverages and to
May 10, 2006
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open for business at 7:00 a.m. on weekdays, pursuant to the City of Tamarac
Ordinance No. 0-85-38, for the Oasis Pub of Tamarac, Inc. (d/b/a: Oasis Pub) located
in the Three Lakes Plaza at 3224 West Commercial Boulevard (Case No. 4-MI-06);
providing for conditions of approval. City Attorney Goren read Temporary Resolution
10921 by title. Commissioner Sultanof seconded by Commissioner Dressler moved
approval. The applicant came forward and identified himself as Gary B. Walker.
Director of Community Development King gave a presentation. On roll call
Commissioner Dressler voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner
"yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion
carried.
RESOLUTION NO. R2006-73
8. RECONSIDERATION OF RESOLUTION R2006-55 OPPOSING NORTH
BROWARD HOSPITAL DISTRICT'S CERTIFICATE OF NEED APPLICATION FOR
NEW HOSPITAL: (TR10943) Reconsideration of Resolution R2006-55 opposing the
North Broward Hospital District's Certificate of Need Application No. 9920 for a Nova
Southeastem/North Broward Hospital District new hospital; directing the City Clerk to
send a copy of this Resolution to Jeffrey N. Gregg, Chief, Bureau of Health Facility
Regulation, Agency for Health Care Administration. MOTION TO RECONSIDER
APPROVED ON APRIL 26, 2006. City Attorney Goren read reconsideration of
Resolution R2006-55 by title. Commissioner Atkins -Grad seconded by Commissioner
Dressler moved approval. Commissioner Atkins -Grad said she researched the item and
decided there is no reason why the hospital should not move forward. Commissioner
Sultanof said the North Broward Hospital District is in total disarray; the Chair of the
Community Affairs Committee has resigned. Commissioner Sultanof said he is against
the manner in which this is being done, as it has been previously denied by the state.
Commissioner Sultanof questioned where the money would come from for the hospital
and said he is disturbed by the package that is being put together. Vice Mayor Portner
seconded by Commissioner Sultanof moved to table this item to the May 22, 2006
workshop and the May 24, 2006 meeting. There was discussion regarding whether
tabling the item would preclude commission discussion at tonight's meeting.
Commissioner Dressler questioned the delay in discussing the item should it be tabled,
and whether the discussion would be moot given the time frame for decision making in
Tallahassee. Charlotte Mather, Vice President of Government Relations for NBHD said
the application is being reviewed as we speak. Commissioner Sultanof said he believed
there is an allowance of 180 days for resubmission of the item, and Ms. Mather said
there is an appeal process of 180 days. Mayor Flansbaum-Talabisco asked if the
Mayor and City Commission vote to table their discussion they could alert Tallahassee
and tell them the item is still in flux, and City Attorney Goren said the minutes will speak
to action taken on that premise. On roll call Mayor Flansbaum-Talabisco voted "yes",
Commissioner Dressler "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes",
and Commissioner Atkins -Grad "yes". Motion carried.
TABLED TO MAY 22, 2006 WORKSHOP, AND MAY 24, 2006 REGULAR MEETING
AT OR AFTER 9:00 A.M.
May 10, 2006
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QUASI-JUDICIAL HEARINGS
9. SPECIAL EXCEPTION TO PERMIT SALE AND ON -SITE CONSUMPTION OF
ALCOHOLIC BEVERAGES — KULUCK RESTAURANT AND LOUNGE: (TR10946)
Motion to approve Resolution granting a Special Exception to permit the operation of a
full service bar for the sale and on -site consumption of alcoholic beverages in the MXD
(Mixed -Use District) zoning category for Kuluck Restaurant and Lounge located at 5879
North University Drive in the Midway Plaza Shopping Center, specifically Parcel "A" of
the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126,
Page 14 of the Public Records of Broward County, Florida (Case No. 5-Z-06); providing
for conditions of approval. City Attorney Goren read Temporary Resolution 10946 by
title. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval.
City Attorney Goren explained the quasi-judicial procedures and Alex Shirdel waived his
quasi-judicial rights. Director of Community Development King gave a presentation.
Commissioner Sultanof questioned whether the restaurant previously at that location
served liquor, and the hours of operation of this new restaurant. Commissioner Sultanof
said he is concerned with service of alcohol in this location, as the parking lot is very
heavily trafficked, and asked if this was taken into consideration. Director of Community
Development King said the liquor license from previous owners covered several
restaurants before this one, but due to the time lapse the applicant must come before
the Mayor and City Commission. The hours will be 11:00 a.m.-9:00 p.m. Monday -
Thursday, and 11:00 a.m.-1:00 a.m. Friday -Sunday. The hours of operation are
consistent with other restaurants in the area. Additionally, other restaurants in the
vicinity serve beer and wine. Commissioner Dressler said this restaurant has his full
support, and as previous Chair to the Economic Development Foundation, this
restaurant is consistent with the foundation's vision for upscale and diverse restaurants
which would be beneficial to Tamarac's image. Commissioner Atkins -Grad welcomed
Kuluck's Restaurant to Tamarac and said the site has been vacant too long and she
hoped something wonderful would come to that space. Mayor Flansbaum-Talabisco
welcomed Kuluck's Restaurant and said it has her full support. She is sorry to hear the
prior restaurant was not successful and wished this venture her best. Commissioner
Sultanof said he believes in business and development and will be delighted to see the
business succeed. Vice Mayor Portner welcomed the restaurant to Tamarac.
Commissioner Dressler confirmed that sale and on site consumption means that the
restaurant would only be selling alcohol to customers of the restaurant and bar. Mayor
Flansbaum-Talabisco said she hoped the restaurant would be a good corporate partner
and suggested they look into joining the Chamber of Commerce. Mayor Flansbaum-
Talabisco opened the public hearing and with no one wishing to speak, closed the
public hearing. On roll call Commissioner Atkins -Grad voted "yes", Vice Mayor Portner
"yes", Mayor Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", and
Commissioner Dressler "yes". Motion carried.
RESOLUTION NO. R2006-74
10. DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN
CROSSROADS PLAZA: (TR10950) Motion to approve Resolution issuing
Development Order No. 336 and granting Major Revised Site Plan approval for
Crossroads Plaza to allow for the demolition of an existing one-story building and
redevelopment of the site with a two-story, 15,602 square foot building to include a retail
May 10, 2006
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and office use space, along with associated landscaping and a parking waiver to reduce
the size of the parking stalls from 10' x 18' to 9' x 18' for thirty-eight (38) parking spaces
of the total seventy-eight (78) spaces provided, and authorizing the appropriate City
officials to accept and execute a Blanket Public Safety Ingress/Egress Easement with
Saul Strachman, Grantor, for the Crossroads Plaza Project, located at 7001 West
Commercial Boulevard, specifically Tract "A" of the "Tamarac Financial Plat", according
to the Plat thereof as recorded in Plat Book 104, Page 49B of the Public Records of
Broward County, Florida (Case No. 17-SP-05); providing for conditions of approval.
City Attorney Goren read Temporary Resolution 10950 by title. Commissioner Sultanof
seconded by Commissioner Dressler moved approval. City Attorney Goren explained
the quasi-judicial procedures and Jeffrey Gross, Architect, waived his quasi-judicial
rights on behalf of the applicant. Director of Community Development King gave a
presentation. Commissioner Sultanof confirmed the location of the property and
questioned ingress/egress. Mayor Flansbaum-Talabisco questioned the impact of the
traffic. Mr. Gross said due to concerns of the City Engineer, a traffic study was
performed. It was determined this project will have less of a traffic impact than what the
property was originally platted to house. Ingress and egress to the property will be on
Commercial Boulevard and 701h Avenue. Mayor Flansbaum-Talabisco opened the
public hearing and with no one wishing to speak, closed the public hearing.
Commissioner Atkins -Grad said she has lived in Tamarac for 12 years and is very
excited to see construction planned for the property. On roll call Vice Mayor Portner
voted "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", Mayor
Flansbaum-Talabisco "yes", and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2006-75
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the meeting at 8:25 p.m.
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Marion Swenson, CMC
City Clerk
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May 10, 2006
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