HomeMy WebLinkAbout2003-06-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY JUNE 11, 2003
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 7:00 p.m. in Chambers at Tamarac City Hall, 7525 NW 88 Avenue,
Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Beth
Flansbaum-Talabisco, Commissioner Marc L. Sultanof, and Commissioner Edward C.
Portner.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Commissioner Edward C. Portner relinquished his turn to
lead the pledge of allegiance to Herb Hayes.
1. PROCLAMATIONS/SPECIAL RECOGNITIONS:
a. Presentation by Mayor Schreiber of a proclamation proclaiming June 22, 2003 as
Tamarac T-Ball Day in the City of Tamarac. Lester Barr accepted and said it will be a
pleasure to see the kids on the field and an honor to sing the Star Spangled Banner
with the Marlins.
b. Presentation by Mayor Schreiber of a proclamation proclaiming Stephanie Algie
as Small Business Person of the Year. Ms. Algie accepted and thanked everyone and
said Tamarac has a great business community and Chamber of Commerce, and
encouraged anyone with a small business to join the Chamber.
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2. City Commission: Mayor Schreiber reported that he attended the U.S.
Conference of Mayors in Denver, Colorado, and it was a very interesting and productive
meeting. Over 50 resolutions were passed to improve and eliminate unfunded
mandates and provide money for homeland security. Mayor Schreiber said he met with
the newly selected representative of the Small Business Administration, and received
some good information that may help small business people to secure funding.
Commissioner Sultanof said business is booming in Tamarac, and the Chamber of
Commerce has come alive thanks to the new executive and board. Tamarac is the
fastest growing City in Broward County.
Commissioner Flansbaum-Talabisco reported that she is approaching her 3-month
mark as Commissioner, and she attended the luncheon at Woodmont honoring the
Board and Committee members. Commissioner Flansbaum-Talabisco said the
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Strategic Planning Session was very productive, and she also attended an interesting
and informative seminar for elected municipal officials. Commissioner Flansbaum-
Talabisco added she was proud that Tamarac's Budget book was the best in the State,
and said `hats off' to the City Manager and staff. Commissioner Flansbaum-Talabisco
said she looks forward to her first July 4th as a Commissioner and celebrating
Tamarac's 40th Anniversary.
Commissioner Portner had no report, but said if Mayor Schreiber could get unfunded
mandates dropped, that would be the largest feather in his hat.
Vice Mayor Roberts welcomed Mayor Schreiber back from Denver and wished him a
happy birthday, and congratulated Commissioner Sultanof and his wife on their 60th
anniversary. Vice Mayor Roberts reminded everyone that school will be out in Broward
County beginning next week and asked everyone to drive carefully.
3. City Attorney: City Attorney Kraft reported that the lawsuit involving Granville
and Exeter neighborhood associations has been settled and due to the efforts of Mayor
Schreiber, attorney's fees were covered by the insurance company. City Attorney Kraft
said the City does not usually recoup any monies in bankruptcy matters, however, in
the Mattress Discount bankruptcy, the City was able to get 10% on the dollar, which
resulted in $5.13 back to the City.
4. City Manager. City Manager Miller wished Mayor Schreiber a happy birthday,
and reported that through the combined efforts of Public Works, Purchasing, Customer
Service and Finance, security cameras have been installed at Satellite City Hall, and
the window sign has been repainted listing all services provided at that location. Parks
and Recreation received the 2003 Local Organization of the Year Award from Special
Olympics Broward County for contributions to the organization and our Special Olympic
Team, the Bulldogs. Summer camp enrollment has reached a new high with 335
signed up for the Program. The Utilities Department mailed out 31,300 water quality
reports on June 5t , which mailing meets the requirements of the EPA. City Manager
Miller said Tamarac has the finest water in Broward County.
5. PUBLIC PARTICIPATION: John Binns, 7550 NW 73 Terrace, Tamarac, spoke
about graffiti on the skywalk across University Drive at Tamarac Elementary School,
and his concern about the safety of the bridge because the straps are broken. Mr.
Binns said two years ago he participated in the SHIP program and he is concerned
about the contractors hired to work on those projects. Mayor Schreiber thanked Mr.
Binns for bringing these matters to the Commission's attention and said they would be
looked into. Sheldon Kulik, 8905 NW 70 Street, Tamarac, spoke about televising
Commission meetings and asked if the Commission had discussed this. Mayor
Schreiber said nothing official has happened yet, and Commissioner Portner said it was
addressed at Monday's workshop. Commissioner Sultanof said the Commission has
put the `show on the road' and it goes from community to community. John Connolly,
8211 NW 75 Avenue, Tamarac, spoke against permitting the Hess Station at Southgate
and University to become a 24-hour operation because he felt this would detrimentally
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affect the quality of life of the residents in the proximity of the station. Mayor Schreiber
said this has not come before the City Commission yet, but when it does it will be a
public hearing and Mr. Connolly could come back and speak on the matter at that time.
Vice Mayor Roberts said Heathgate/Sunflower will hold their meeting tomorrow evening
at 7:00 pm and asked Mr. Connolly to attend.
CONSENT AGENDA
6. Vice Mayor Roberts seconded by Commissioner Sultanof moved removal of
items 60), Temporary Resolution 10148 and 6(k), Temporary Resolution 10147 from
the consent agenda for discussion. On roll call Vice Mayor Roberts voted "yes",
Commissioner Sultanof "yes", Commissioner Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", and Commissioner Partner "yes". Motion carried.
Commissioner Portner seconded by Vice Mayor Roberts moved approval of all items on
the consent agenda except for items 60) and 6(k). On roll call Commissioner
Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes",
Commissioner Partner "yes", and Commissioner Sultanof "yes". Motion carried.
a. APPROVE the minutes of the May 28, 2003 regular City Commission meeting.
APPROVED
b. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — WESTWOOD
APARTMENTS: (TR10125) Executing a Blanket Public Safety Ingress/Egress
Easement with Nob Hill Landings, L.L.C., for the Westwood Apartments Project,
located on the north side of Westwood Drive just east of Nob Hill Road, 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. R2003-122
C. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — TAMARAC
BUSINESS PARK: (TR10126) Executing a Blanket Public Safety Ingress/Egress
Easement with Industrial Development Company of America, L.L.L.P., for the
Tamarac Business Park Project, located at 6200 - 6320 Hiatus Road, 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. R2003-123
d. PURCHASE OF WATER METER FITTINGS AND WATER LINE
ACCESSORIES: (TR10141) Utilizing the City of Deerfield Beach Bid Number
2000-01/08, entitled "Water Meter Fittings and Water Line Accessories" issued
on behalf of the Southeast Florida Governmental Purchasing Group; authorizing
the purchase of water meter fittings and water line accessories in an amount not
to exceed $110,000; approving funding from the appropriate Utilities Operational
account.
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RESOLUTION NO. R2003-124
e. GRANT AWARD — ALS RESCUE VEHICLE: (TR10145) Accepting a grant
award from the Florida Department of Health in the amount of $200,000 to
acquire an advanced life support rescue vehicle and associated equipment
providing for a City match of salaries and benefits of the positions to staff the
vehicle; authorizing the appropriate City Officials to amend the grants fund
budget in the amount of $200,000 in accordance with proper accounting
procedures during third quarter budget revisions.
RESOLUTION NO. R2003-125
f. GRANT MEMORANDUM OF AGREEMENT AND MAINTENANCE
MEMORANDUM OF AGREEMENT — FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES — MEDIAN LANDSCAPING
ALONG SOUTHGATE BOULEVARD BETWEEN NOB HILL ROAD AND PINE
ISLAND ROAD: (TR10149) Executing a Grant Memorandum of Agreement and
Maintenance Memorandum of Agreement between the City of Tamarac and the
State of Florida Department of Agriculture and Consumer Services for an Urban
and Community Forestry Grant in the amount of $10,000 for median landscaping
along Southgate Boulevard between Nab Hill Road and Pine Island Road
providing for a City match of $16,650 and a total project cost of $26,650;
authorizing the appropriate City Officials to amend the grants fund budget in the
amount of $10,000 in accordance with proper accounting procedures during the
third quarter budget revisions.
RESOLUTION NO. R2003-126
g. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — ST.
ANDREWS AT KINGS POINT: (TR10127) Executing a Blanket Public Safety
Ingress/Egress Easement with TRG-Tamarac, L.L.C., for the St. Andrews at
Kings Point Project, located on the east side of Nob Hill Road at NW 801h 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. R2003-127
h. QUIT CLAIM DEED — RETENTION AREAS "A" THROUGH "F" OF
SOUTHAMPTON PROJECT: (TR10140) Executing a Quit Claim Deed with
Lennar Land Partners and Lennar Homes, Inc., for Retention Areas "A" through
"F" in the Southampton Project located west of the intersection of Nab Hill Road
and NW 77th Street, required to allow legal access by City personnel for
maintaining the surface water management system.
RESOLUTION NO. R2003-128
i. INTERLOCAL AGREEMENT — NPDES PERMIT: (TR10139) Executing an
Inter -local Agreement between Broward County, the City of Tamarac, the Florida
Department of Transportation District 4, the Florida Turnpike Enterprise and
twenty-five other municipalities in Broward to share the resource burden of the
system -wide EPA National Pollutant Discharge Elimination System (N.P.D.E.S.)
Municipal Separate Storm Sewer System (MS4) Permit; authorizing the Broward
County Department of Planning and Environmental Protection (D.P.E.P.) to
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conduct specific routine activities under the N.P.D.E.S. Permit; authorizing
annual expenditures for the term of this permit of $7,482.00 for 2003, $10,075.00
for 2004, $8,771.00 for 2005, $9,122.00 for 2006, and $9,487.00 for 2007.
RESOLUTION NO. R2003-129
j. AMENDMENT TO AGREEMENT — ENVIRONMENTAL MITIGATION AT
MCNAB ROAD PARK PROPERTY: (TR10148) Executing an amendment to the
agreement between the City of Tamarac and Silverstein Enterprises, Inc., for
environmental mitigation at the McNab Road Park property.
PULLED FROM CONSENT AGENDA FOR DISCUSSION
k. AMENDMENT TO AGREEMENT — CONSTRUCTION OF WETLANDS AND
CANAL AT MCNAB ROAD PARK PROPERTY: (TR10147) Executing an
amendment to the agreement with Recreational Design & Construction, Inc., in
an amount not to exceed $73,680.00 for the construction of the wetlands and
canal at the McNab Road Park property.
PULLED FROM CONSENT AGENDA FOR DISCUSSION
Mayor Schreiber asked for an explanation of items 60), Temporary Resolution 10148
and 6(k), Temporary Resolution 10147. Parks and Recreation Director Margoles said
the City had an agreement with Mr. Silverstein (Arch Aluminum) for mitigation, as the
wetlands are on their property, and the City allowed them to use the park property to
mitigate, since there was already a small area of wetlands on the McNab property,
which could be expanded and become eligible for FCT funding. It was a benefit to the
City. After further negotiations with Mr. Silverstein, it was agreed he would pay the City
instead of constructing the wetlands and canal. Mayor Schreiber asked construction of
the park would be held up if Mr. Silverstein did not pay, and Parks and Recreation
Director Margoles said it would not affect construction of the park; Mr. Silverstein has
agreed to produce the check when the agreement is signed. Commissioner Portner
seconded by Commissioner Sultanof moved approval of Items 60), Temporary
Resolution 10148 and 6(k), Temporary Resolution 10147. On roll call Commissioner
Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes",
Vice Mayor Roberts "yes", and Commissioner Portner "yes". Motion carried.
60). AMENDMENT TO AGREEMENT — ENVIRONMENTAL MITIGATION AT
MCNAB ROAD PARK PROPERTY: (TR10148) Executing an amendment to the
agreement between the City of Tamarac and Silverstein Enterprises, Inc., for
environmental mitigation at the McNab Road Park property.
RESOLUTION NO. R2003-130
6(k). AMENDMENT TO AGREEMENT — CONSTRUCTION OF WETLANDS AND
CANAL AT MCNAB ROAD PARK PROPERTY: (TR10147) Executing an amendment
to the agreement with Recreational Design & Construction, Inc., in an amount not to
exceed $73,680.00 for the construction of the wetlands and canal at the McNab Road
Park property.
RESOLUTION NO. R2003-131
END OF CONSENT AGENDA
June 11, 2003
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REGULAR AGENDA
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
7. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN —
"SOUTHGATE AT NOB HILL PLAT": (TO2009) Motion to adopt Ordinance on first
reading adopting an amendment to the Land Use Element of the City Comprehensive
Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida
Statutes concerning a Small -Scale Land Use Plan Amendment proposal by Prestige
Homes, Inc. to change the use of land described as Parcel "A" of the "Southgate at Nob
Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Pages 40 and 41
of the Public Records of Broward County, Florida, located at the southeast corner of
Nob Hill Road and Southgate Boulevard from Commercial to Low Medium Residential
(5-10 du/ac) through issuance of fifty-three (53) flexibility units to allow for the
construction of fifty-three (53) residential town home units comprising of approximately
4.54 net acres and 6.24 gross acres (Case No. 2-LUA-03); providing for amendment to
the Land Use Element to reflect such change. City Attorney Kraft read Temporary
Ordinance 2009, revision #1, on first reading by title. Commissioner Sultanof seconded
by Commissioner Portner moved approval. Vice Mayor Roberts said this was approved
on first reading at the May 14th meeting for 51 units, and now they are asking for 53
units. Vice Mayor Roberts asked why the number changed. Community Development
Director King gave a presentation and said upon further research the developer
determined they could get two more units in the development and they came back to
request an increase in the density, which is why the item has come back before the
Commission for first reading. Mayor Schreiber opened the public hearing and with no
one wishing to speak, closed the public hearing. On roll call Vice Mayor Roberts voted
"no", Commissioner Sultanof "yes", Commissioner Partner "yes", Commissioner
Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED FIRST READING
ORDINANCES — SECOND READINGS
8. AMENDING CHAPTER 24 OF THE TAMARAC CODE — PLANNING BOARD:
(TO1999) Motion to adopt ordinance on second 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 second reading by title. Commissioner Sultanof seconded by
Commissioner Portner moved approval. Mayor Schreiber questioned whether this
ordinance eliminates the authority of the City Commission with regard to variances and
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appeals. City Attorney Kraft responded that any items that previously came before the
Commission would still come before the Commission; the ordinance merely moves
what the Board of Adjustment did to the Planning Board. Community Development
Director King added that in most cities the Planning and Zoning Boards handle
variances and other duties of the Board of Adjustment. Mayor Schreiber opened the
public hearing. Sheldon Kulik, 8905 NW 70 Street, Tamarac asked how many
members were on the Planning Board and how often they met. Community
Development Director King said there are seven regular and two alternate members
and they meet the first and third Wednesday of each month. City Attorney Kraft asked
Mr. King to tell the Commission how often the Board of Adjustment has met and how
many variances they granted. Community Development Director King responded the
Board of Adjustment met five times over the past eight years and granted four of the
five variances requested. With no one else wishing to speak, Mayor Schreiber closed
the public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes",
Commissioner Sultanof "yes", Commissioner Partner "yes", and Commissioner
Flansbaum-Talabisco "yes". Motion carried.
ORDINANCE NO. 0-2003-11
END OF PUBLIC HEARINGS
There being no further business to come before the Commission, Mayor Schreiber
adjourned the meeting at 7:45 p.m.
JOE SCHREIBER
MAYOR
MARION SWENSON, CMC
CITY CLERK
AIIr""' IOVED Poi munix OF
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