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HomeMy WebLinkAbout2008-05-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MAY 14, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 P.M. on Wednesday, May 14, 2008 in Chambers at 7525 NW 88th Avenue, Tamarac, FL 33321. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ABSENT: Commissioner Edward C. Portner. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Vice Mayor Sultanof led the pledge of allegiance. Mayor Flansbaum-Talabisco asked everyone to remain standing for a moment of silence in remembrance of people around the world who are losing their lives due to recent catastrophes. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Flansbaum-Talabisco proclaiming May 18-24, 2008 as "Emergency Medical Services Week". (Requested by Fire Chief Jim Budzinski). Fire Chief Budzinski and EMS Division Chief Sheridan accepted. b. Presentation of a proclamation by Mayor Flansbaum-Talabisco honoring Willie Allen for his heroic actions. (Requested by City Manager Jeff Miller). Mr. Allen accepted. REPORTS 2. City Commission: Mayor Flansbaum-Talabisco reported that because of our water conservation efforts, Broward County bestowed the Emerald Award to the City, and thanked the Utilities Department for their water conservation programs, as well as the residents for their participation in these programs. Mayor Flansbaum-Talabisco and Commissioner Atkins -Grad attended the ribbon cutting ceremony for the Ilene S. Lieberman Botanical Gardens Park in North Lauderdale. The recent art exhibit in City Hall is part of our partnership with ArtServe, and children from Broadview Elementary School provided the artwork. Commissioner Atkins -Grad has been in contact with the school as children from Tamarac attend Broadview Elementary School, and they are now our newest partner. The City of Tamarac is being honored from ArtServe for the second year in a row for Government Leadership in the Arts. Vice Mayor Sultanof commended Fire Chief Budzinski for recruiting CERT members, and for partnering with Barry University to recruit young people for our Fire Department. May 14, 2008 Page 1 of 9 Part of Tamarac's progress is its commitment to the arts, and we try very hard to make sure Tamarac is recognized amongst other cities in Broward County. Vice Mayor Sultanof said he has worked hard to make Tamarac the fastest growing and loveliest City in Broward County. Commissioner Atkins -Grad said the last two weeks have been very hectic, attending multiple school meetings, and she was very happy to see a rendition of Grease while at Millennium Middle School. Commissioner Atkins -Grad attended the ArtServe program at City Hall and a multi cultural art exhibit from Challenger Elementary School held at the Tamarac Community Center. Commissioner Atkins -Grad also went to the Hurricane Expo over the weekend and yesterday, she and Vice Mayor Sultanof were present at a Town Hall meeting at Kings Point where Broward County Vice -Mayor Ritter, Representative Porth, and Senator Ring spoke. Additionally, Commissioner Atkins - Grad attended homeowner meetings with Mayor Flansbaum-Talabisco and Community Development Director Bramley, where residents' concerns were addressed. Commissioner Atkins -Grad said we are extremely fortunate to have Community Development Director Bramley on our staff. Commissioner Atkins -Grad said she is Co - Chair of Mothers Against Predators (MAP) and she will make sure literature for the organization is made available to the public. Commissioner Dressler reported that the City of Tamarac submitted an application for 2008 Transportation Enhancement Funds through the MPO. We requested $750,000 for pedestrian walkways and bike paths. The grant application has been rated highly by the MPO and at the last MPO meeting it was his pleasure to vote in favor of the priority list for funding. The application will now go to FDOT for final approval and we expect notification in October 2008. If we are awarded the grant, the money will be available in 2011. Commissioner Dressler thanked Vice Mayor Sultanof, who has served with distinction on the MPO and originated this funding proposal. Commissioner Dressler thanked Community Development Director Bramley, who represents the City at the staff level. With regard to Willie Allen, Commissioner Dressler said we are fortunate to have him in our community, and Mr. Allen has realized a major accomplishment in his lifetime. 3. City Attorney: City Attorney Goren reported on the Traffic Magistrate Program and said Judge Tobin is meeting with the State Court Administrators to find out if the program is earmarked for this year. The Vox Populi and Transparency Bills died this session. 4. City Manager: City Manager Miller reported FEMA has approved the City's grant application for wind hardened bay doors and windows. City Clerk Swenson has been recertified by IIMC. Tamarac Fire Rescue came in first place at the Life Support Competition First Care Conference. Eighty people attended the classical concert held at the Tamarac Community Center. The 8t" Annual Veterans Assembly was well attended, and Tamarac is the only City in Broward County that holds such an event. City Manager Miller thanked Vice Mayor Sultanof for sponsoring the event. Four hundred people attended the Hurricane Preparedness Expo. The Memorial Day Ceremony will be held on Monday, May 26th at 10:00 a.m. in Veterans Park. May 14, 2008 Page 2 of 9 Mayor Flansbaum-Talabisco said hurricane season is just about upon us and she hopes everyone will begin thinking about preparations for themselves and their pets. Weather challenges are not just for Florida any more. Things are happening all over the world that have not happened before. 5. PUBLIC PARTICIPATION: Theresa Hobmeier, 10700 NW 71 st Place, Tamarac, spoke about speeding, thanked the Mayor and City Commission for the park at Pine Island Road and Commercial Boulevard, said Representative Porth is working on state hospitals for Florida, spoke of FPL trimming trees, and said seniors should get involved in volunteering for the American Red Cross, Humane Society, disabled children, and any additional organizations they have an interest in serving. Ms. Hobmeier offered her prayers for Vice Mayor Sultanof and for his late wife, Sylvia. Joan Lorette, 4912 NW 54 Court, Tamarac, spoke of unsafe and unhealthy conditions on property that was previously owned by Sabal Palm Golf Course. Ms. Lorette spoke in opposition to waiving fees for Prestige Homes. Cynthia Baker, 4621 NW 45 Court, Tamarac, asked for letters to be written encouraging designation of A1A as a scenic highway. Ms. Baker spoke of restrictive covenants for Monterrey Golf Course property and said with regard to sprinkler systems and traffic calming, there is nothing in writing at this time. Ms. Baker spoke in opposition to waiving fees for Prestige Homes. Vice Mayor Sultanof questioned whether the sprinkler system did not belong strictly to the Homeowner Association, and Ms. Baker clarified the ownership of the sprinkler system. Debra Fleischman, 8612 NW 79 Street, Tamarac, requested bus benches in the community and spoke of foreclosures in the neighborhoods. Ms. Fleischman spoke in opposition to the Chevron Station purchase and suggested monies be set aside to assist those going into foreclosure. Mayor Flansbaum-Talabisco said some if these issues have already been addressed and there are a series of programs in partnership with City Furniture and the Chamber of Commerce that are being put together with regard to finances and foreclosures. Those seminars are the result of a retreat the Mayor and City Commission held and discussions to try to help our residents. Mayor Flansbaum-Talabisco suggested Ms. Fleischman speak with Commissioner Dressler, who represents District 4. Commissioner Dressler said the City has its priorities right and the gas station is not being purchased with taxpayers' money, but rather with dedicated funds from a County grant, and those monies can only be spent for land. Mayor Flansbaum-Talabisco added the populace voted on the Broward County Bond referendum to purchase open space. Commissioner Dressler said we had to fight for this money. The citizen survey showed parks and bikeways are important to our residents and staff does a great job identifying grant funding opportunities. Commissioner Dressler said he and his colleagues want to help people whose homes were damaged by the hurricane three years ago, and $750,000 of block grant money was converted to assist people with relocation costs; additionally, there is pending legislation in the United States Congress to try to help people facing foreclosure. Marcia Gallagher, 6181 NW 55 Lane, Tamarac, registered a complaint about noise and indecent exposure in her neighborhood and said the police have not been responsive; May 14, 2008 Page 3 of 9 Ms. Gallagher said she fears property values will decrease, and asked for a tightening of the noise ordinance. City Manager Miller replied he understands Ms. Gallagher's concerns about her neighbors across the canal and he has read the correspondence and spoken with the Police Chief. BSO has been out to the area on several occasions and they have been unable to verify the noise issues Ms. Gallagher complained about. Additionally, there is no documentation regarding any violation of the noise ordinance. There is nothing that can be done at this time, but City Manager Miller suggested Ms. Gallagher speak with BSO again and see if the matter can be documented in a different fashion. Mayor Flansbaum-Talabisco suggested Ms. Gallagher speak with the Deputy Police Chief who is in the audience and asked City Manager Miller to look into the noise ordinance and report back to the Mayor and City Commission. John Livesey, 5101 NW 51 Avenue, Tamarac, FL spoke of garbage and lack of maintenance of the canal around his community. Mr. Livesey said he has already spoken with the Board of Health regarding the matter. Mayor Flansbaum-Talabisco said the matter will be looked into and asked Mr. Livesey to speak with Community Development Director Bramley. Vice Mayor Sultanof spoke of previous problems regarding maintenance of the canal. City Manager Miller said the drainage ditch was owned by Sabal Palm Country Club and there were issues regarding maintenance of the waterway. City Manager Miller said Code Enforcement would visit the area and if violations are found we will work with the developer to find a suitable arrangement to clean it up. Commissioner Dressler said he is very disappointed to hear about this problem, as he voted in the affirmative for the project and he hopes a solution is found quickly. If the developer does not do business in good faith, there will be consequences. Mayor Flansbaum-Talabisco said the previous property owner was not easy to deal with regarding this matter and she hopes that is not the case with the current owner. Mr. Livesey presented photographs to the Mayor and City Commission (copies of which are attached hereto and incorporated herein as part of these minutes). Barbara McNeil, 6961 NW 82"d Court, Tamarac, FL spoke in favor of webcasting workshop and commission meetings. Ms. McNeil asked that no registration to get into the webcasting site be required. Marion DeBonis, 8551 NW 50 Street, Tamarac, FL said the waterways in Woodmont need to be cleaned, questioned the status of the Country Club, spoke of a process being used in North Lauderdale regarding pre- and foreclosure homes, and questioned the status of the Chevron purchase and Main Street. City Attorney Goren said Tamarac is looking into the same item as is in place in North Lauderdale, which is patterned after an ordinance from California. It is a preemptive strike against properties on the master list about to be foreclosed. Mayor Flansbaum-Talabisco suggested Ms. DeBonis meet with Public Works Director Strain regarding the canals. City Manager Miller said there is no new proposal with regard to the Country Club. Dot Murphy, 5008 NW 50 Court, Tamarac, FL spoke of maintenance of property surrounding Mainlands 6. 1 May 14, 2008 Page 4 of 9 CONSENT AGENDA 6. Commissioner Dressler seconded by Commissioner Atkins -Grad moved the addition of Temporary Resolution 11413 to the consent agenda as Item 6(o). City Attorney Goren read Temporary Resolution 11413 by title and gave a presentation. On roll call Commissioner Atkins -Grad voted "yes", Vice Mayor Sultanof "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll call Vice Mayor Sultanof voted "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. a. APPROVE the minutes of the April 23, 2008 Regular City Commission meeting. APPROVED b. APPROVE the minutes of the May 1, 2008 Special City Commission meeting. APPROVED C. CONSTRUCTION OF A WESTBOUND RIGHT -TURN LANE AT THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NW 94 TH AVENUE: (TR11384) Awarding Bid No. 08-05B to Kailas Corp. and executing an agreement with Kailas Corp., for an amount not to exceed $89,403.00 for the construction of a westbound right -turn lane located at the northeast corner of Commercial Boulevard and Northwest 94th Avenue; authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2008-54 d. INDUSTRIAL DEVELOPMENT REFUNDS: (TR11385) Approving a refund in the amount of twenty thousand five hundred forty eight dollars and no cents ($20,548.00) which was an overpayment on commercial alteration permits 05-1386, 05-2321, 06-254, 06-2658, 06-3049, 06-3211, 06-5268, 06-5999, 06-6271, 06-6558 and 06-6591. RESOLUTION NO. R2008-55 e. ACQUISITION OF THE REQUIRED NETWORK AND TELECOMMUNICATIONS EQUIPMENT: (TR11388) Approving the acquisition of the required network and telecommunications equipment from Coleman Technologies / CISCO Systems, to integrate the new IT/Utilities building into the City's telephone and data network, utilizing State of Florida Contract #250-000-03-1; authorizing budget amendments for proper accounting purposes and authorizing an expenditure for an amount not to exceed $63,072.00. RESOLUTION NO. R2008-56 f. AMENDMENT TO INTERLOCAL AGREEMENT — ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE: (TR11392) Executing the 2008 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance. RESOLUTION NO. R2008-57 g. AMENDMENT TO INTERLOCAL AGREEMENT — FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT: (TR11393) Executing the 2008 Amendment to Interlocal Agreement between Broward County and City of May 14, 2008 Page 5 of 9 Tamarac providing for division and distribution of the proceeds from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit. RESOLUTION NO. R2008-58 h. AMENDMENT TO INTERLOCAL AGREEMENT — LOCAL OPTION GAS TAX ORDINANCE: (TR11394) Executing the 2008 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance. RESOLUTION NO. R2008-59 i. BARRY UNIVERSITY STUDENT RIDERS: (TR11376) Executing an Agreement between the City of Tamarac and Barry University, Inc. (University) to allow Emergency Medical Services (EMS) students an opportunity to receive education and training from Tamarac Fire Rescue personnel in an EMS Student Preceptorship Program for a three- year period. RESOLUTION NO. R2008-60 j. MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT - 2008 FIREWORKS: (TR11396) Executing an amendment to the agreement between the City of Tamarac and Melrose South Pyrotechnics, Inc., exercising the option to renew for the 2008 fireworks at a cost of $20,000.00. RESOLUTION NO. R2008-61 k. GRANT APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY FOR STATE EMERGENCY RESPONSE TEAM (SERT): (TR11399) Grant application to the US Department of Homeland Security through the Florida Department of Emergency Management for Florida State Emergency Response Team (SERT) sub - grant program funds for Community Emergency Response Team (CERT) equipment, supplies, training and promotional materials in an amount not to exceed $20,000; providing for acceptance of the award and execution of documents upon approval of the application. RESOLUTION NO. R2008-62 I. GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FOR FLORIDA BOATING IMPROVEMENT PROGRAM: (TR11400) Grant application to the Florida Fish and Wildlife Conservation Commission for Florida Boating Improvement Program (FBIP) grant funds to enhance recreational boating opportunities at Veterans' Park in the amount of $24,000; providing for a 25 percent match of $8,000 in local funds for a total project cost of $32,000; providing for acceptance of the award and execution of documents upon approval of the application. RESOLUTION NO. R2008-63 M. SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA FOREVER PROGRAM (FCT) FUNDS FOR ACQUISITION COSTS_ RELATING TO THE CHEVRON PARCEL: (TR11401) Grant application to the Florida Communities Trust for Florida Forever Program funds for the Tamarac Reclamation Park Project in an amount not to exceed $736,800; providing for a cash match of $2,000,000 in local funds for a total project cost of $2,736,800; providing for acceptance of the award and execution of documents upon approval of the application. RESOLUTION NO. R2008-64 n. INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR DESIGN AND CONSTRUCTION OF A COVERED PEDESTRIAN May 14, 2008 Page 6 of 9 WALKWAY (TR11404) Executing Interlocal Agreement between the City of Tamarac and Broward County for Design and Construction of a Covered Walkway at Tamarac Branch of the Broward Library, 8701 West Commercial Boulevard, in an amount not to exceed Two Hundred Sixty Thousand Five Hundred Dollars ($260,500.00) from appropriate accounts and authorizing budget amendments as needed for proper accounting purposes. RESOLUTION NO. R2008-65 o. RATIFYING THE MIXED USE DISTRICT "MXD" ZONING CHANGE: (TR11413) Ratifying the Mixed Use District ("MXD") zoning change implemented pursuant to Ordinance No. 2005-12, adopted on August 13, 2005; directing the appropriate members of City staff to take any and all action necessary to effectuate the intent of Ordinance No. 2005-12 in accordance with the applicable provisions of the City's Code of Ordinances and the Florida Statutes. RESOLUTION NO. R2008-66 END OF CONSENT AGENDA REGULAR AGENDA 7. EXTENSION OF FINAL SITE PLAN APPROVAL - MONTEREY PROJECT: (TR11397) Motion to approve resolution granting a time extension of eighteen (18) months for Final Site Plan approval and denial of a waiver of the fee for the extension for the Monterey Project, requested by the law offices of Billing and Cochran (Gerald L. Knight), on behalf of the applicant (Bruce Chait, owner Prestige Homes) (Case No. 7- SP-08); providing for conditions of approval. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren read TR 11397, Revision 1 by title. City Manager Miller said Items 7 and 8 have been revised as a result of discussions at Monday's workshop session. Mayor Flansbaum-Talabisco suggested combining discussion of Items 7 and 8 with a separate motion and vote on each. City Attorney Goren read Temporary Resolution 11398, Revision 1 by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. Community Development Director Bramley gave a presentation on Items 7 and 8. Commissioner Atkins -Grad confirmed the extension for Sabal Palm is for both north and south. Mayor Flansbaum-Talabisco said these items were discussed on Monday and she has all good faith that the issues that came before the Mayor and City Commission from the residents will not be brought back again but that they will be resolved. Mayor Flansbaum-Talabisco said she believes the projects will be successful and she welcomes them to the community. City Attorney Goren said nothing in these resolutions or actions this evening relieve the applicant of any code driven requirements. On roll call Vice Mayor Sultanof voted "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2008-67 8. EXTENSION OF FINAL SITE PLAN APPROVAL — SABAL PALM PROJECT: (TR11398) Motion to approve resolution granting a time extension of twelve (12) months for Final Site Plan approval and denial of a waiver of the fee for the extension for the Sabal Palm Project, requested by the law office of Billing and Cochran (Gerald L. Knight), on behalf of Bruce Chait, owner of Prestige Homes, applicant (Case No. 6-SP- May 14, 2008 Page 7 of 9 08); providing for conditions of approval. On roll call Commissioner Dressler voted "yes", Commissioner Atkins -Grad "yes", Vice Mayor Sultanof "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2008-68 ORDINANCES -- FIRST READINGS There were no ordinances scheduled for first reading. PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER 9. 2008/2009 ANNUAL ACTION PLAN FOR CDBG: (TR11403) Motion to approve resolution approving the projects recommended for inclusion in the Fiscal Year 2008 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant Funds estimated to be $418,811 for the Ninth Program Year (Case No. 07-MI-08). Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren read Temporary Resolution 11403 by title. Community Development Director Bramley gave a presentation. 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 Sultanof "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2008-69 ORDINANCES — SECOND READINGS There were no ordinances scheduled for second reading. QUASI-JUDICIAL HEARINGS 10. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN APPROVAL FOR THE MAIN STREET SHOPS PROJECT: (TR11395) Motion to adopt Resolution issuing Revised Development Order No. 337.1 and granting New Development Site Plan approval for the Main Street Shops Project to allow for the construction of approximately 133,092 square feet of retail shops, offices, restaurants and rooftop parking along with associated ground parking, landscaping and infrastructure improvements, located at 9200-9300 West Commercial Boulevard, (Case No. 2-SP-08). City Attorney Goren said Temporary Resolution 11395 has been advertised and noticed to the public and control of the application is in the hands of the applicant. Applicant's counsel sent a letter to the City, dated May 9, 2008 and asked to have this item withdrawn in order to resubmit a site plan at a later date. City Attorney Goren read the letter from Attorney Maurodis into the record (a copy of which is attached hereto and incorporated herein as part of these minutes). END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS May 14, 2008 Page 8 of 9 1 1 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 9:10 P. M. Beth Flansbaum-Talabisco Mayor fr�•�.rct.�� �i � -Marion Swenson, WC --City Clerk May 14, 2008 Page 9 of 9 /U. LAW OFFICES OF ANDRIEW S, MAURODIS ANDREW S. MAURODIS 150 N.E. 2ND AVENUE 14 ROSE DRIVE CHARLES J. SEAMAN DEERFIELD BEACH, FL 33441 Fr. LAUDERDALE, FL 33316 TELEPHONE (954) 480-4265 TELEPHONE (954) 463-9077 Of Counsel TELECOPIER (954) 480-4490 TELECOPIER (954) 463-9027 SHARON L. CRUZ REPLY TO: DEERFIELD BEACH May 9, 2008 Jennifer Bramiey Director of Community Development City of Tamarac 7525 N. W. 88" Avenue Tamarac, Florida 33321-2401 RE: Main Street Village Dear Jennifer: I know you met with Bernie Maribona on the morning of May 8, 2008. He has asked me to write you to indicate that he does not wish to be on the next City Commission agenda and, in fact, will resubmit his site plan to go through the regular DRC channels, employing the procedure as set forth in your city code. Bernie will be following up with you directly on this matter, but asked that I send you this formal request. Sincerely, N N F.P Ap- 11111111 60, ASM:jms cc: Bernie Maribona 47 No Text No Text No Text MAINLAND' SECTION 6 1 1 r A '►'. w'�rin J» r A ♦ 4t • (M ��4i�ra F1l J• tk ♦, LAM- .,. 1�1 l,� fir• ��; a �. �� :� ,,�.;: y . �.�- . am.. �__�.. _ _ �� r=.y,. '� ,'a I Lot