HomeMy WebLinkAbout2003-05-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY MAY 28, 2003
CALL TO ORDER: Mayor Schreiber called the Regular City Commission meeting to
order at 9:00 A.M. on Wednesday, May 28, 20G3 in Chambers at Tamarac City Hall,
7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward
C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L.
Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE LED BY: Mayor Joe Schreiber
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Schreiber of a proclamation honoring and commending
Alfred Robbins for many years of service on behalf of the City of Tamarac. Mr. Robbins
accepted and said the opportunity to work for the City of Tamarac has been a great one,
and more people should make themselves available for that type of challenge.
b. Presentation by Mayor Schreiber of a proclamation proclaiming June 1-7, 2003
as "Chamber of Commerce Week" in the City of Tamarac. Ron Hawthorne and Debbie
Speich accepted. Mr. Hawthorne said this is a great award and he is very happy to
receive it. He is a three -time winner as he is Chairman of the Tamarac Chamber of
Commerce, owns a business in Tamarac, and is a resident of Tamarac. Mr. Hawthorne
said it does not get any better than this, and said Tamarac is the best city in Broward
County and Florida.
C. Presentation by Larry R. Deetjen, FCCMA District Director, of the FCCMA
Innovations in Communication and Technology Award. Mr. Deetjen, City Manager of
Deerfield Beach and representing FCCMA, said this award is presented to communities
that provide advances in communication and technology. Mr. Deetjen said Tamarac is
a fine, strong community, and faced stiff competition among communities of 50,000 or
more in Florida. Mayor Schreiber said this is a prestigious award and not easy to
obtain, and thanked City Manager Miller who was instrumental in getting this award for
Tamarac. Vice Mayor Roberts said this award could be placed in the new trophy case
that is being completed by the Public Works Department. City Manager Miller thanked
Mr. Deetjen, and said he is one of the great City Managers in Florida. City Manager
Miller also thanked members of the staff for their outstanding work, in particular IT
Director Sucuoglu and his staff and Public Information Officer Crockett. City Manager
Miller said this is a prestigious award and the competition was stiff. City Manager Miller
extended his appreciation to the City Manager's Association, Department Directors and
Tamarac staff for communicating as well as they do every day.
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d. Presentation of Certificates of Recognition to Steve Ward, EMT of the Year,
Broward County, and Percy Sayles, Paramedic of the Year, Broward County. Chief
Budzinski accepted Steve Ward's certificate and said Mr. Ward is a role model for new
employees. Chief Budzinski extolled Mr. Ward's leadership skills, creativity, attitude
and safety consciousness. Chief Budzinski said Steve Ward is all about teamwork and
dedication. EMS Chief Terry spoke of Percy Sayles' commitment to the betterment of
paramedic care in Florida, being a two-time recipient of the Irene Fisherly Award,
participation in the CLINCON competition and ALS Team Captain, outreach work to
homeowner associations, a stroke alert advocate and his leadership, training and
protocol abilities and commitment. EMS Chief Terry said Percy Sayles is a credit to the
profession. Mayor Schreiber presented Mr. Sayles with the Certificate of Recognition
and said Mr. Sayles is the most fantastic EMT ever and residents and citizens are in
good hands. Mr. Sayles accepted the certificate and said Tamarac has the best Fire
Department in Broward County.
REPORTS
2. City Commission: Mayor Schreiber had no report. Vice Mayor Roberts had no
report. Commissioner Portner had no report. Commissioner Portner said he hoped the
Mayor and Commissioners had a chance to read his report on his visit to Abacoa and
Delray Beach. Commissioner Sultanof extended congratulations to everyone who
participates in Tamarac to make it the great City it is and congratulated Mr. Robbins on
his work for the City of Tamarac. Commissioner Flansbaum-Talabisco had no report.
Commissioner Flansbaum-Talabisco said she attended the memorial service on
Monday and it was a special and moving service. Commissioner Flansbaum-Talabisco
said she enjoyed reading Commissioner Portner's report.
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: City Manager Miller reported that the Community Development's
commercial revitalization grant program for State Road 7 has begun and packets were
sent to 18 commercial property owners. Additional packets are available in the
Economic Development Division of the Community Development Department. The Fire
Department's ALS competition team placed 4th and the extrication team competed for
the first time and placed 4th in the 2-day Palm Beach County competition on May 23rd
and 24th. The Fire Rescue staff, CERT members and Cadets served as victims in the
Pro Player Stadium disaster drill on May 241h. CERT members participated in the 2"d
smoke detector giveaway at Faircrest. The IT Department will unveil the new website
tomorrow at the Commission retreat, and E-Gov is open for business. Twenty -Two
residents are enrolled. Parks and Recreation's annual Memorial Day Ceremony was
attended by about 300 people. Parks and Recreation reports that today is Challenge
Day 2003, designed to promote physical activity. The event will run from 9:00 a.m. —
9:00 p.m. at the Tamarac Community Center. A fishing tournament will be held on June
14th at Caporella Park and pre -registration is $7.00 per family. Human Resources
reports 145 employees participated in the Health and Education Fair. Additionally nine
schools and 16 vendors participated and the Community Blood Mobile was on site.
There was positive feedback from employees and school representatives, who said we
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have a great group of employees with positive spirit and an appreciation for working in
Tamarac. City Manager Miller commended Human Resources staff members Kim
Frisbie and Kay Reinert as well as Parks and Recreation staff for organizing the event.
PUBLIC PARTICIPATION
5. There was no public participation.
Vice Mayor Roberts seconded by Commissioner Sultanof moved the addition of
Temporary Resolution 10144 to the consent agenda as item 6(h). TR10144, appointing
Floyd Bass to the Redistricting Committee as the representative from District One. On
roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", Commissioner
Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes".
Motion carried.
CONSENT AGENDA
6. Commissioner Portner seconded by Commissioner Sultanof moved approval of
all items on the consent agenda, including item 6(h). On roll call Vice Mayor Roberts
voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes",
Commissioner Sultanof "yes", and Commissioner Portner "yes". Motion carried.
a. APPROVE the minutes of the May 14, 2003 regular City Commission meeting.
APPROVED
b. COMPREHENSIVE ANNEXATION BILL: (TR10110) Requesting the City of
Tamarac be included in a comprehensive annexation bill to be prepared by the
Broward County Legislative Delegation as a choice city for certain contiguous
unincorporated areas to join. (Case No. 9-Mi-03).
RESOLUTION NO. R2003-112
C. GRANT AGREEMENT — CERT TRAINING: (TR10117) Executing a grant
agreement with the State of Florida Department of Community Affairs for a grant
in the amount of $4,000 with an in -kind City match of $2,500 for a total project
cost of $6,500 to provide Community Emergency Response Team Training,
supplies and materials; authorizing the appropriate City officials to amend the
grants fund budget in the amount of $4,000 in accordance with proper accounting
procedures.
RESOLUTION NO. R2003-113
d. GRANT APPLICATION — FUNDING FOR ACQUISITION OF TAMARAC
PRESERVATION PARK: (TR10119) Seeking $1,616,264 in grant funds through
the Florida Communities Trust's Florida Forever Program for the acquisition of
Tamarac Preservation Park (King's Point Replat, Parcel R) for conservation,
preservation of open space, and recreational development providing for a
$2,424,396 match and total project costs of $4,040,660.
RESOLUTION NO. R2003-114
e. GRANT APPLICATION — FUNDING FOR BEAUTIFICATION LANDSCAPING
AND IRRIGATION OF TAMARAC COURTYARD: (TR10120) Seeking grant
funds through the Broward Beautiful Community Grant Program in the amount of
$10,000 with a local match in the amount of $30,000 for a total project cost of
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$40,000 for beautification, landscaping and irrigation of Tamarac Courtyard
located between the Tamarac Community Center and the new Tamarac Branch
Library on Commercial Boulevard.
RESOLUTION NO. R2003-115
f. WATER TREATMENT PLANT DISINFECTION SYSTEM IMPROVEMENTS:
(TR10124) Executing Task Authorization No. 03-08E with Mathews Consulting,
Inc., to provide professional services for the design, permitting, bidding and
construction administration services for the Water Treatment Plant disinfection
system improvements, in accordance with the City's Consulting Engineering
Agreement as authorized by Resolution #R-2001-185, for a lump sum amount of
$121,550.00; approving funding from the appropriate budgeted Utilities
Operational account; authorizing the appropriate City Officials to administer the
contract.
RESOLUTION NO. R2003-116
g. PURCHASE OF MODULAR RESTROOM BUILDING WITH SHELTER:
(TR10128) Approving the purchase of a modular restroom building with shelter at
a total cost not to exceed $81,249.76, from Hunter Knepshield Company utilizing
the City of Jacksonville, Florida, Price Agreement Contract for Park and
Playground Equipment and Lighting, Bid No. SC-0463-00; approving funding
from the appropriate capital improvement account.
RESOLUTION NO. R2003-117
h. APPOINTING FLOYD BASS TO THE REDISTRICTING COMMITTEE:
(TR10144) Appointing Floyd Bass to the Redistricting Committee as the
representative from District One.
RESOLUTION NO. R2003-118
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES — FIRST READINGS
7. AMENDING CHAPTER 24 OF THE TAMARAC CODE — PLANNING BOARD:
(TO1999) Motion to adopt ordinance on first reading amending Chapter 24 of the City
of Tamarac Code of Ordinances entitled, "Zoning", Article II "Administration", Division 3
"Planning Board", Section 24-64 "Powers and Duties" assigning responsibility to hear
variances and appeals to the Planning Board; deleting Section 24-65 "Effect on Powers
and Duties of Board of Adjustment" in its entirety, in accordance with Ordinance 0-
2003-04; creating a new section entitled, "Review and consideration of variances and
appeals by Planning Board" specifying the Planning Board's powers and duties to hear
variances and appeals, providing for notice, review of administrative orders, appeal,
stay of work upon appeal to Planning Board, hearing and judicial review (Case 8-Z-03);
providing for codification. City Attorney Kraft read Temporary Ordinance 1999, Revision
#7, on first reading by title. Vice Mayor Roberts seconded by Commissioner
Flansbaum-Talabisco moved approval. Commissioner Sultanof confirmed, for the
public, that the Board of Adjustment is no longer operating and the duties of the Board
of Adjustment have been passed on to the Planning Board. Community Development
Director King confirmed that after second reading of this ordinance it will become
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effective. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner
Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor
Roberts "yes". Motion carried.
APPROVED ON FIRST READING MAY 28, 2003
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
8. AMENDING CHAPTER 24 OF THE TAMARAC CODE — CREATING SECTION
24-614 "PLACEMENT OF BASKETBALL HOOPS AND POLES": (T02006) Motion
to adopt Ordinance on second reading amending Chapter 24 of the Code of
Ordinances entitled, "Zoning", Article VI, "Accessory Uses`, Creating Section 24-614
entitled, "Placement of Basketball Hoops and Poles" establishing requirements for the
placement of basketball hoops and poles (Case No. 15-Z-03); providing for codification.
City Attorney Kraft read Temporary Ordinance 2006, Revision #3, on second reading by
title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved
approval. Commissioner Portner asked if portable basketball hoops that may be in the
right-of-way or easement would be confiscated by BSO. Community Development
Director King said BSO as well as Code Enforcement would be asked to notify the
owner to move the basketball hoop; the City does not want to confiscate any basketball
hoops. Mayor Schreiber opened the public hearing and with no one wishing to speak
closed the public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts
"no", Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner
Flansbaum-Talabisco "yes". Motion carried.
ORDINANCE NO. 0-2003-09
9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — ARTICLE VII
"FENCES, WALLS AND HEDGES_": (TO1997) Motion to adopt Ordinance on second
reading amending Chapter 24 of the City of Tamarac Code of Ordinances entitled,
"Zoning", Article VII, "Fences, Walls and Hedges", Section 24-631 entitled, "Residential
Districts" by amending setback requirements for fences and walls, amending height
requirements for fences and hedges, providing for exemptions, and providing for
definition of "secondary street", and amending Section 24-634 entitled, "All Districts" to
require that all fences, walls and hedges located within a sight triangle must adhere to
the appropriate state, county or city standards (Case No. 7-Z-03); providing for
codification. City Attorney Kraft read Temporary Ordinance 1997, Revision #2, on
second reading by title. Commissioner Sultanof seconded by Commissioner Portner
moved approval. Vice Mayor Roberts said she had a problem with 4' chain link fences
in the front of property while 6' fences are allowed on the sides and rear. Vice Mayor
Roberts said she has been told by homeowners that with 4' chain link fences in the
front, dogs can easily climb over the fences. Additionally, it is not aesthetic to have a 4'
fence in the front with 6' on the side. Mayor Schreiber asked for the rationale of the
different height in the front and on the side and rear and Community Development
Director King said higher wooden fences screen accessory uses that residents may
have, e.g., boats or trailers. A chain link fence does not provide the screening, which is
why 6' wooden fences are allowed on the sides and rear of property. Mayor Schreiber
opened the public hearing and with no one wishing to speak closed the public hearing.
May 28, 2003
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On roll call Vice Mayor Roberts voted "no", Commissioner Sultanof "yes", Commissioner
Partner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes".
Motion carried.
ORDINANCE NO. 0-2003-10
QUASI-JUDICIAL HEARINGS
10. SPECIAL EXCEPTION — TOKYO PEKING EXPRESS: (TR10122) Motion to
approve Resolution granting a Special Exception to allow the operation of a take-out
restaurant within a B-2 (Community Business District) zoning category to Tokyo Peking
Express, located at 5857 North University Drive in the Midway Plaza, 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. 14-Z-03);
providing for conditions of approval. City Attorney Kraft read Temporary Resolution
10122 by title. Vice Mayor Roberts seconded by Commissioner Sultanof moved
approval. City Attorney Kraft explained the quasi-judicial process and Jorge Morell of
Woolbright Development, Inc., waived his quasi-judicial rights. Community
Development Director King gave a presentation. Mayor Schreiber asked for the exact
location of the business and Mr. Morell said it is next to Perfume Plus and the major
tenant is the Dollar Mart. Commissioner Sultanof asked if it is the same business as the
one in Coral Springs and Mr. Morell said it is the same family. Commissioner Sultanof
asked if beer and wine would be sold and asked about seating. Mr. Morell said beer
and wine would not be sold and there would be 8 seats to accommodate those waiting
for their food. Mayor Schreiber opened the public hearing and with no one wishing to
speak closed the public hearing. On roll call Commissioner Sultanof voted "yes",
Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts
"yes", and Commissioner Portner "yes". Motion carried.
RESOLUTION NO. R2003-119
11. SPECIAL EXCEPTION — DAVID'S CATERING & BANQUET SERVICES, INC
(TR10121) Motion to approve Resolution granting a Special Exception to permit the sale
and on -site consumption of alcoholic beverages in a B-1 (Neighborhood Business
District) zoning category for David's Catering & Banquet Services, Inc., located at 6455
West Commercial Boulevard in David's Plaza 2, 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. 11-Z-
03); providing for conditions of approval. City Attorney Kraft read Temporary Resolution
10121, Revision #1, by title. Vice Mayor Roberts seconded by Commissioner Portner
moved approval. City Attorney Kraft explained the quasi-judicial process and Rana
Gorzeck of the Law Firm of Buckingham, Doolittle and Burroughs, LLP and Carmine
Guastafeste, Owner, waived their quasi-judicial rights. Community Development
Director King gave a presentation. Commissioner Portner asked if a wall was broken
through or it was a separate building and Mr. Guastafeste said it is a separate building.
Mayor Schreiber asked how many halls would be in the new building and Mr.
Guastafeste said two smaller rooms to house 50-100 people. Mayor Schreiber opened
the public hearing and with no one wishing to speak, closed the public hearing. On roll
call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", Commissioner
May 28, 2003
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Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes".
Motion carried.
RESOLUTION NO. R2003-120
12. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN —
WESTPOINT INDUSTRIAL II: (TR10123) Motion to approve Resolution issuing
Revised Development Order No. 315.9 and granting New Development Site Plan
approval to Westpoint Industrial II to allow the construction of an 89,350 square foot,
two-story office/warehouse with associated parking, landscaping and infrastructure
improvements, located at the northwest corner of State Street and 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. 9-SP-03); providing for conditions of approval. City Attorney
Kraft read Temporary Resolution 10123, Revision #1 by title. Commissioner Sultanof
seconded by Commissioner Partner moved approval. City Attorney Kraft explained the
quasi-judicial process and Malcolm Butters, Owner and Ken Carlson, Architect waived
their quasi-judicial rights. Community Development Director King gave a presentation.
Commissioner Sultanof questioned the amount of space that would be given to Moore
Printing and Mr. Butters said Moore Printing built a 25,000' facility in Sunrise, but they
now need a larger facility. They have become partners with Butters Construction on this
project and the building will house approximately 90,000' with Moore Printing using
approximately 50,000'. As the leases are up in the remaining part of the building, if
Moore Printing needs more space they will take over the vacated spaces.
Commissioner Sultanof said it is a lovely building, and asked Mr. Butters to move
Tamarac Commercial Park above Westpoint on the sign. Vice Mayor Roberts said
Tamarac Commercial Park should also be in larger lettering. Commissioner Portner
asked if it is a 2-story building and Mr. Butters said the end caps are 2-stories. Mayor
Schreiber opened the public hearing and with no one wishing to speak closed the public
hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner
Partner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor
Roberts "yes". Motion carried.
RESOLUTION NO. R2003-121
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the regular meeting at 9:50 a.m.
JOE SCHREIBER, MAYOR
MARION SWENSON, CMC
CITYI CLERK
071110VED ',�11TNG OF
May 28, 2003
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