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HomeMy WebLinkAbout2004-05-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MAY 26, 2004 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order on Wednesday, May 26, 2004 at 9:00 a.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. Partner, 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: Mayor Joe Schreiber led the Pledge of Allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of employee service awards: 5 Year Awards: Leanne Williams, Finance & Policy Officer; Nathan Buchanan, Accountant I; Gloria Taylor, Payroll Coordinator; Jami Brenowitz, Firefighter 4; Felix Matos, Water Plant Operator "B"; Mark Felicetty, Parks & Recreation Site Supervisor; Mary Jo Forti, Recreation Programmer I; Parish Garrett, Parks & Recreation Site Supervisor; and Carlo Nuesa, Network Analyst. b. Presentation by Mayor Schreiber of a proclamation recognizing David Radzivill as "City of Tamarac Firefighter of the Year 2003". Lt. Radzivill accepted, thanked Fire Chief Budzinski, staff, and the Mayor and Commissioners, and said it is a pleasure to work for Tamarac. Fire Chief Budzinski presented a plaque to Lt. Radzivill naming him firefighter of the year. REPORTS 2. City Commission: Mayor Schreiber said he is very proud of Tamarac's employees and it is a thrill to present them with service awards; our employees do a great job. Mayor Schreiber said Tamarac Fire Rescue received recognition as the State of Florida EMS Provider of the Year and asked about capitalizing on our success. City Manager Miller said there are plans to place big banners on the fire stations as well as logos on equipment and vehicles. May 26, 2004 1 Commissioner Portner said he is in agreement with the sentiments expressed regarding the firefighters and congratulated the 5-year service award recipients extended his condolences to Human Resources Director Swanson on the loss of her father. Commissioner Roberts congratulated those employees who received awards this morning as well as Lt. Radzivill, and wished Vice Mayor Sultanof and his wife Sylvia a happy 61 st anniversary. Commissioner Roberts said the District 7 Community Council will extend their thanks to BSO by hosting a barbeque for them today and tomorrow at District 7 headquarters. Vice Mayor Sultanof said Tamarac is the best city in Broward County and he appreciates the employees who received awards today. Vice Mayor Sultanof spoke about Memorial Day and encouraged everyone to participate in Tamarac's commemoration of the day. Vice Mayor Sultanof thanked the Commission for their good wishes on the celebration of his and Mrs. Sultanofs 615t wedding anniversary. Commissioner Flansbaum-Talabisco congratulated employees who received awards today. Commissioner Flansbaum-Talabisco said she attended Homeowner Association meetings in District 2, and she also attended the Caporella. Park opening ribbon cutting ceremony. Commissioner Flansbaum-Talabisco reported that last Sunday both she and Commissioner Roberts attended a picnic for the Challenge Team at the Multi -Purpose Center. Commissioner Flansbaum-Talabisco reported the Woodlands Country Club board approved the Tamarac Bulldog's use of the driving range and putting green in June and July. Commissioner Flansbaum-Talabisco added she was appointed to the Broward Cultural Affairs Council as representative of the Broward League of Cities and Tamarac. 3. City Attorney: City Attorney Kraft congratulated Vice Mayor and Mrs. Sultanof on their 61St wedding anniversary. 4. City Manager: City Manager Miller congratulated Vice Mayor and Mrs. Sultanof on their wedding anniversary. Lt. Steven Stillwell for has been named Training and Safety Officer in compliance with the latest Fire Grant. Information Technology reports the addition of Webtrac to e-government which enables residents to review, enroll and pay for Parks and Recreation activities online. City Manager Miller invited everyone to the grand opening of Sunset Point Park on June 5th from 10:00 a.m.-2:00 p.m. There will be a ribbon cutting ceremony in the afternoon and various activities. The event is free to the public. City Manager Miller said today is Fitness Challenge Day 2004 in Tamarac; this is the 3rd year in a row Tamarac is taking part, with events held at the Community Center. The first 100 participants receive a tee shirt. 5. PUBLIC PARTICIPATION: There was no public participation. 1 May 26, 2004 2 CONSENT AGENDA 6. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco 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 May 12, 2004 Regular City Commission meeting. APPROVED b. WATER AND SEWER DEVELOPER'S AGREEMENT — UNIVERSITY LANDINGS PROJECT: (TR10439) Executing a Water and Sewer Developer's Agreement with Prestige Homes of Tamarac, Inc., for the University Landings Project, located on the southeast corner of University Drive and NW 64th Street, requiring 101 ERC's for water and 101 ERC's for sewer; requiring the payment of $323,200.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-112 C. TAMARAC WATER UTILITY EASEMENT — THE HEARTLANDS OF TAMARAC: (TR10441) Executing a "Tamarac Water Utility Easement" with Health Care and Retirement Corporation of America for the Heartlands of Tamarac, located at 5901 NW 79th Avenue, Tamarac, FL 33321, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution System Improvements; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-113 d. REJECTING BIDS — PROSPECT LOAD LANDSCAPING IMPROVEMENTS: (TR10446) Rejecting all bids under Bid No. 04-08B for Prospect Road landscaping improvements. RESOLUTION NO. R2004-114 e. QUIT CLAIM DEED - BROWARD COUNTY: (TR10451) Accepting a quit claim deed from Broward County, Florida, of county owned property located in Tamarac, Florida acquired by the county by virtue of the property being delinquent ad valorem tax payments lands. RESOLUTION NO. R2004-115 f. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — UNIVERSITY LANDINGS PROJECT: (TR10442) Executing a Blanket Public Safety Ingress/Egress Easement with Prestige Homes of Tamarac, Inc., for the University Landings Project, located at the southeast corner of University Drive and NW 64th Street, to provide proper access to the property for municipal services such as utility, canal, fire and police protection, emergency and other public safety services; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2004-116 g. CONTRACT AWARD — WATER TREATMENT PLANT DISINFECTION SYSTEM IMPROVEMENTS: (TR10440) Awarding Bid No. 04-11 B to Florida Design Contractors, Inc., and executing an agreement between the City of Tamarac and Florida Design Contractors, Inc., for an amount of $1,436,350.00 for the Water Treatment Plant May 26, 2004 3 Disinfection System Improvements Project; approving funding for this project from the appropriate 2004 Revenue Bond Account; authorizing the appropriate City Officials to administer the contract. RESOLUTION NO. R2004-117 h. GRANT FUNDING -- USA TENNIS FLORIDA: (TR10452) Accepting grant funding from USA Tennis Florida in the amount of $2,500.00, with a City match of $2,500.00, to help promote and develop tennis on City of Tamarac public tennis courts; amending the grants fund budget during the next quarterly budget actions. RESOLUTION NO. R2004-118 i. GRANT FUNDS THROUGH BROWARD BEAL!TIFUL CO MUN TY GRANT PROGRAM FOR PARK IMPROVEMENTS TO TAMARAC COMMONS PARK: (TR10458) Seeking grant funds through the Broward Beautiful 'Community Grant Program in the amount of $10,000 with a local match in the amount of $10,000 for a total project cost of $20,000 for park improvements to Tamarac Commons Park. RESOLUTION NO. R2004-119 j. GRANT FUNDS THROUGH BROWARD BEAUTIFUL GREENSHADE PROGRAM FOR ADDITIONAL SHADE TREES AT CAP R LLA PARK: (TR10459) Seeking Grant Funds through the Broward Beautiful GreenSHADE Program in the amount of $5,000 with a local match in the amount of $5,000 for a total project cost of $10,000 for additional shade trees at Caporella Park. RESOLUTION NO. R2004-120 k. RENAMING OF STREET POLICY: (TR10447) Adopting a renaming of street, City of Tamarac, Florida policy. RESOLUTION NO. R2004-121 1. BID AWARD AND AGREEMENT TAMARAC LAKES NORTH AND THE BOULEVARDS WATER MAIN IMPROVEMENTS PROJECT: (TR10450) Awarding Bid No. 04-16B to Petro Hydro, Inc., and executing an agreement between the City of Tamarac and Petro Hydro, Inc., for an amount of $766,175.72 for the Tamarac Lakes North and The Boulevards Water Main Improvements Project; approving funding for this project from the appropriate 2004 Revenue Bond account; authorizing the appropriate City Officials to administer the contract. RESOLUTION NO. R2004-122 m. SURPLUS EQUIPMENT AND _ MATERIAL: (TR10453) Declaring certain. equipment and material as surplus and directing that certain computer equipment be disposed of via donation to Tamarac Elementary School and Challenger Elementary School. RESOLUTION NO. R2004-123 n. BID AWARD AND AGREEMENT — REPLACEMENT OF GYMNASIUM FLOOR AT MULTI -PURPOSE CENTER: (TR10449) Awarding Bid #04-10B, entitled "Replacement of Gymnasium Floor at Multi -Purpose Center," to the lowest responsive and responsible bidder, Robbins Sport Floors South Florida, LLC; authorizing the appropriate. City officials to execute an agreement for Bid #04-10B in the amount of $45,005.00 for the removal and replacement of the existing floor in the Multi -Purpose Center gymnasium; approving funding from the appropriate Parks and Recreation account. RESOLUTION NO. R2004-124 May 26, 2004 4 o. AGREEMENT — MAINTENANCE OF PUBLIC WATERWAYS WITHIN WOODLANDS SUBDIVISION: (TR10456) Executing an agreement between the City of Tamarac and the Woodlands Homeowners' Association, Inc., a Florida corporation, to provide maintenance of public waterways within the Woodlands Subdivision. RESOLUTION NO. R2004-125 END OF CONSENT AGENDA REGULAR AGENDA PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCE — SECOND READING 7. AMENDING CHAPTER 5 OF THE TAMARAC CODE ADDING ARTICLE XI. ENTITLED "PUBLIC ART PROGRAM": (T02046) Motion to adopt Ordinance on second reading adding Article XI, entitled "Public Art Program" to Chapter 5 of the Tamarac City Code, entitled "Buildings and Building Regulations", providing for the establishment of a Public Art Program, Definitions, establishment of a Public Art Fee and Public Art Fund, projects subject to public art program requirements, establishment of a Public Art Committee, criteria for selection of artist and art, City ownership of art work, public art program guidelines; providing for codification. City Attorney Kraft read Temporary Ordinance 2046, Revision #4, on second reading by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, 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. ORDINANCE NO.0-2004-15 QUASI-JUDICIAL HEARINGS 8. DELEGATION REQUEST TO AMEND PLAT RESTRICTION ON TAMARAC MARKET PLACE PLAT: (TR10430) Motion to approve Resolution approving a Delegation Request to amend the Plat restriction on the Plat from 114,438 square feet to 123,372 square feet of shopping center in order to allow for the inclusion of a covered drive-thru and sidewalk area for the CVS Pharmacy @ Tamarac Marketplace, located at the southwest corner of McNab Road and Nob Hill Road, specifically a portion of Tract "A" of the "Tamarac Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida (Case No. 3-P- 04). City Attorney Kraft said Item 8, Temporary Resolution 10430, Item 9, Temporary Resolution 10431, Revision 111, and Item 10, Temporary Resolution 10429 are companion items and could be heard together with separate motions on each item. City Attorney Kraft read Temporary Resolution 10430 by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval of Temporary Resolution May 26, 2004 5 10430. City Attorney Kraft read Temporary Resolution 10431, Revision #1, by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval of Temporary Resolution 10431, Revision #1. City Attorney Kraft read Temporary Resolution 10429 by title. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval of Temporary Resolution 10429. City Attorney Kraft explained the quasi-judicial procedures and Greg Siefker, Cedarwood Development Services, LLC, waived his quasi-judicial rights on behalf of the applicant for Items 8, 9 and 10. Community Development Director King gave a presentation and said the development would bring about a slight increase in traffic. There will be a tri- party agreement between Broward County, the developer and Tamarac to mitigate traffic impact. Vice Mayor Sultanof questioned concurrency with the county and ingress/egress. Community Development Director King explained that CVS patrons will use existing ingress/egress on McNab and Nob Hill; there will be no change. Commissioner Portner asked if there has been contact with the owner of Tamarac Marketplace regarding refurbishment of the shopping center and Ramon Cue said the owner plans to enhance the center's facade. Vice Mayor Sultanof noted repaving has begun in the rear of the shopping center. Mayor Schreiber asked if CVS is purchasing the parcel and Mr. Cue said the property is leased. Mayor Schreiber opened the public hearing and Della Eisenman, 7051 Golf Pointe Circle, Tamarac, spoke about parking. Mayor Schreiber said the 56 parking spaces designated for this store alone should be sufficient. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call for Item 8, Temporary Resolution 10430, Mayor Schreiber voted "yes", Commissioner Roberts "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2004-126 9. PARKING WAIVER -- CVS PHARMACY @ TAMARAC MARKETPLACE: (TR10431) Motion to approve Resolution granting a Parking Waiver of four (4) spaces to reduce the number of required parking spaces from sixty (60) to fifty-six (56) parking spaces for the CVS Pharmacy @ Tamarac Marketplace, located at the southwest corner of McNab Road and Nab Hill Road, specifically a portion of Tract "A" of the "Tamarac Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida. On roll call for Item 9, Temporary Resolution 10431, Revision #1, Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Roberts "yes". Motion carried. RESOLUTION NO. R2004-127 10. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN - CVS PHARMACY-@ TAMARAC MARKETPLACE: (TR10429) Motion to approve Resolution issuing Revised Development Order No. 091.5 and granting New Development Site Plan approval to CVS Pharmacy @ Tamarac Marketplace to allow the construction of a freestanding 14,253 square foot CVS Pharmacy with associated parking, landscaping and infrastructure improvements, located at the southwest corner of McNab Road and Nob Hill Road, specifically a portion of Tract "A" of the `Tamarac Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20 May 26, 2004 6 of the Public Records of Broward County, Florida (Case No. 14-SP-03); providing for conditions of approval. On roll call for Item 10, Temporary Resolution 10429, Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2004-128 11. SPECIAL EXCEPTION — SAWGRASS INFINITI: (TR10432) Motion to approve Resolution granting a Special Exception to allow the construction of an automotive dealership including a showroom and service area in an LI-1 (Industrial District) zoning category, located at 5801 Madison Avenue, specifically a portion of Tract "B" of the "Westpoint Section 7 Plat", according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida (Case No. 8-Z-04); providing for conditions of approval. City Attorney Kraft said Item 11, Temporary Resolution 10432 and Item 12, Temporary Resolution 10434 are companion items and could be heard together with separate motions on each item. City Attorney Kraft read Temporary Resolution 10432 by title. Commissioner Flansbaum-Talabisco seconded by Commissioner Roberts moved approval of Temporary Resolution 10432. City Attorney Kraft read Temporary Resolution 10434 by title. Vice Mayor Sultanof seconded by Commissioner Flansbaum- Talabisco moved approval of Temporary Resolution 10434. City Attorney Kraft explained the quasi-judicial procedures and Attorney Susan Motley waived her quasi- judicial rights on behalf of the applicant for Items 11 and 12. Vice Mayor Sultanof and Commissioner Roberts confirmed that the balance of this land would be used for a hotel. Commissioner Portner asked if a fountain is a possibility and said the dealership name should be definitive in relating to Tamarac. Commissioner Roberts said she hoped the Infiniti Dealership would participate in Tamarac events. Attorney Motley responded a location for a fountain is being looked into and she will relay Commissioner Portner's concern regarding the name to the applicant. Community Development Director King gave a presentation and noted the dealership will bring 150 new jobs to Tamarac. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call for Item 11, Temporary Resolution 10432, Vice Mayor Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. RESOLUTION NO. R2004-129 12. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — SAWGRASS INFINITI: (TR10434) Motion to approve Resolution issuing Revised Development Order No. 315.11 and granting New Development Site Plan approval to Sawgrass Infiniti to allow the construction of a 61,405 square foot auto dealership building with associated parking, landscaping and infrastructure improvements, located at 5801 Madison Avenue, specifically a portion of Tract "B" of the "Westpoint Section 7 Plat", according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida (Case No. 11-SP-04); providing for conditions of May 26, 2004 7 approval. On roll call for Item 12, Temporary Resolution 10434, Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Sultanof "yes". Motion carved. RESOLUTION NO, R2004-130 13. DELEGATION REQUEST TO AMEND NOTE ON PLAT — REPLAT OF PORTION OF "FORT LAUDERDALE TRUCK FARMS" PLAT: (TR10438) Motion to approve Resolution approving a Delegation Request to amend the note on the Plat, located at the southwest corner of North University Drive and NW 61St Street, to include a new access driveway on the south side of NW 615t Street, west of North University Drive at NW 77th Way; specifically a Replat of a portion of Tract 9 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 41 of the Public Records of Broward County, Florida, all in the Southeast One - Quarter (SE'/), Section 9, Township 49 South, Range 41 East (Case No. 2-P-04). City Attorney Kraft said Item 13, Temporary Resolution 10438 and Item 14, Temporary Resolution 10435 are companion items and could be heard together with separate motions on each item. City Attorney Kraft read Temporary Resolution 10438 by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval of Temporary Resolution 10438. City Attorney Kraft read Temporary Resolution 10435 by title. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval of Temporary Resolution 10435. City Attorney Kraft explained the quasi- judicial procedures and Sam Butters, Butters Construction & Development, waived his quasi-judicial rights for Items 13 and 14. Community Development Director King gave a presentation. Mayor Schreiber asked if the entire property would be developed at this time and if there is enough space allocated for access to the bank drive-thru. Community Development Director King responded the bank and shopping center will be built at the outset and since the bank will be on the southwest corner of the site, it will be far enough from the ingress/egress points to accommodate vehicles using the three drive-thru lanes and an ATM lane, with stacking available on the south and west sides of the bank. Commissioner Portner questioned the construction timetable, size of the out parcel and the number of stores that can be accommodated. Mr. Butters said work will begin as soon as possible and will take 6 months to complete, and the number of stores will depend on demand; there are 14 bays. Joe Keith, Keith & Ballbe, Inc., said the out parcel is roughly'/2 acre. Commissioner Portner asked if a school could be built on the out parcel and Mr. Butter said no. Commissioner Roberts asked about Washington Mutual's existing Tamarac facilities and Community Development Director King said they would be closed. Vice Mayor Sultanof questioned the site's proximity to Midway Plaza, and Community Development Director King explained this site is further north, beyond the canal, and the right turn in/right turn out only from University Drive will alleviate congestion. Commissioner Roberts asked about exiting traffic and the turn lane for Citibank and Community Development Director King said DOT was consulted and there will not be a problem. Mayor Schreiber opened the public hearing and Burt Schneider, 8016 NW 72nd Street, Tamarac, spoke about the lack of tellers staffing drive- thru lanes. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call for Item 13, Temporary Resolution 10438, Commissioner May 26, 2004 8 Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Vice Mayor Sultanof "yes", and Commissioner Roberts "yes". Motion carried. RESOLUTION NO. R2004-131 14. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — WASHINGTON MUTUAL PLAZA: (TR10435) Motion to approve Resolution issuing Revised Development Order No. 319.1 and granting New Development Site Plan approval to Washington Mutual Plaza to allow the construction of a freestanding 4,975 square foot bank branch building, a 19,600 square foot spec retail plaza and the future development of a 6,890 square foot parcel with associated parking, landscaping and infrastructure improvements located at the southwest corner of North University Drive and NW 615t Street, specifically all of Parcels "A" and "B" of the "Westland Plat", according to the Plat thereof as recorded in Plat Book 172, Page 65 of the Public Records of Broward County, Florida (Case No. 8-SP-04); providing for conditions of approval. On roll call for Item 14, Temporary Resolution 10435, Vice_Maiyor Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Seh�'eiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. RESOLUTION NO. R2004-132 15. SPECIAL EXCEPTION — DIAMANTE'S RESTAURANT INC.: (TR10455) Motion to approve Resolution granting a Special Exception to allow the operation of a restaurant within a B-1 (Neighborhood Business District) zoning category to Diamante's Restaurant, Inc. located at 6455 West Commercial Boulevard, specifically Parcel "C" of the "Commercial Boulevard Lands" Plat, according to the Plat thereof as recorded in Plat Book 105, Page 34 of the Public Records of Broward County, Florida (Case No. 12- Z-04); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10455 by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney Rana Gorzeck waived her quasi-judicial rights on behalf of the owner. Community Development Director King gave a presentation and noted the hours of operation will be 4:00 p.m.-10:00 p.m. Commissioner Portner questioned entertainment, liquor license and possible extension of hours of operation. Carmine Guastafeste, owner, responded there will not be entertainment at the outset, liquor as well as beer and wine will be served and depending on how well the restaurant is accepted, hours may be extended. Vice Mayor Sultanof said he is delighted with this restaurant and asked if the existing liquor license covers both the catering and restaurant facilities and Attorney Gorzeck said separate licenses are required. Commissioner Roberts asked when the restaurant would be in operation and Mr. Guastafeste said by September, with a grand opening scheduled for October. Mayor Schreiber opened the public hearing and with no one wishing to speak, 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. RESOLUTION NO. R2004-133 May 26, 2004 9 END OFQUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular meeting at 10:15 a.m. E SCHREIBER, MAYOR MARION SW ,SON, CIVIC CITY C LEf�K CI'I"�' oF"r �+ AppROVEU AT MEEnNG OF ti- o0 1 E May 26, 2004 10