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HomeMy WebLinkAbout2005-06-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY JUNE 22, 2005 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 A.M. on Wednesday, June 22, 2005 in Chambers at 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, Interim City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Mayor Joe Schreiber led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by John Pryor, Director, Accounting Division, Broward County, of the Government Finance Officers Association Distinguished Budget Presentation Award, Special Capital Recognition which has been presented to the City of Tamarac for the FY 2005 Adopted Budget. Mr. Pryor said this is Tamarac's 8th year receiving the award. Mayor Schreiber accepted and said Tamarac has a great finance department as well as city commission, and thanked Mr. Pryor. Finance Director Chapman and Management & Budget Officer Sammartino were present. b. Presentation by Mayor Schreiber of a proclamation congratulating Herb and Elizabeth Hayes on their 53rd anniversary. Col. and Mrs. Hayes accepted. REPORTS 2. City Commission: Mayor Schreiber said he and Commissioner Partner attended a meeting with about 150 residents of Mainlands 1, 2, 3, 4, and 5, regarding the Monterey Golf Course. The D. R. Horton Group wants to develop the property and the residents would like it to remain a golf course. The possibility exists that. Tamarac could look into purchasing the golf course, as Commissioner Portner has suggested in the past. Mayor Schreiber recommended that the city commission consider the golf course in the future when they discuss redevelopment. June 22, 2005 Page 1 of 13 Commissioner Portner said he attended a seminar in California earlier this month; the topic was urban projects touching on development, redevelopment and downtown areas and he came back with many ideas. Commissioner Portner urged everyone to keep an open mind with regard to development and redevelopment. Commissioner Roberts congratulated the Hayes on their 63rd anniversary and asked everyone to drive carefully and watch out for children at play. Commissioner Sultanof congratulated the Hayes on their anniversary. Commissioner Sultanof thanked the finance department. Commissioner Sultanof said the homeowners in Mainlands Sections 1, 2, 3, 4, and 5 should get together and purchase and manage the golf course. Commissioner Sultanof said as a member of the MPO and Tamarac delegate at the last meeting he was informed the City of Tamarac will gain $8 million for various projects in Tamarac over the next few years. Vice Mayor Flansbaum-Talabisco congratulated the Hayes and said they are what happily ever after is all about. Vice Mayor Flansbaum-Talabisco thanked everyone for their heartfelt good wishes and prayers for her husband who is now home recuperating. Vice Mayor Flansbaum-Talabisco said she received a thank you from Challenger, Millennium and Touchdown4Life schools for the computers the city donated. Millennium also sent a note thanking the City of Tamarac for the first year of a successful partnership and said they look forward to another successful year. On July 9th Tamarac and the Woodlands Country Club will launch the Hook a Kid on Golf Program. Vice Mayor Flansbaum-Talabisco congratulated the Chamber of Commerce on its Annual Golf Tournament at the Woodlands. Vice Mayor Flansbaum-Talabisco said she held her third leadership meeting yesterday, attended by community leaders from District 2. Rep. Ari Porth was the scheduled speaker and Rep. Ron Greenstein stopped in for a surprise visit. 3. City Attorney: Interim City Attorney Goren had no report. 4. City Manager: Community Development held a shurette at the Tamarac Community Center on June 215t for design guidelines of the 57th Street corridor. Artist, George Gadsden also participated, along with architectural designers, staff, and residents. Parks and Recreation reports summer camp is going well with 323 enrolled. The Hoak A Kid on Golf Program Partnership is filled but there is a waiting list. Anyone interested should contact Parks and Recreation. Upcoming events: the concert that was postponed due to rain will be held on Friday, June 24th at Sunset Point Park, weather permitting. The Senior lunch with Uncle Sam will be held on June 29th and is free to the first 200 seniors who register. The All American Celebration will be held on July 4th at 6:00 p.m. at the Tamarac Sports Complex. Fireworks are scheduled to begin at 9:00 p.m. City Manager Miller read a letter into the record from Mr. and Mrs. Seo (attached and incorporated into these minutes) commending the Mayor and City Commission. 1 June 22, 2005 Page 2 of 13 5. PUBLIC PARTICIPATION: Dr. Marcia Becker, 8258 Cassia Terrace, Tamarac, spoke of purchasing her own noise meter to have on hand when it becomes necessary to call police because of noisy neighbors. Mayor Schreiber said the staff is studying possible changes to the noise ordinance to provide for counting decibels; the code as it stands now, does not provide for noise meters. City Manager Miller said it is up to BSO to respond. Staff met with BSO and is looking at the nuisance and noise ordinance. Judy Margolis, 4704 Queen Palm Lane, Tamarac, spoke against pensions for the elected officials. CONSENT AGENDA 6. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved to pull Item 6(I) from the consent agenda and place it on the regular agenda as Item 16. AGREEMENT RENEWAL -- LAW ENFORCEMENT SERVICES: (TR10745) Executing the agreement between the City of Tamarac and Sheriff of Broward County for police services to be effective nunc pro tunc October 1, 2004. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval of all items on the consent agenda except for Item 6(I) that was placed on the regular agenda as Item 16. On roll call Vice Mayor Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Commissioner Sultanof "yes". Motion carried. a. APPROVE the minutes of the June 8, 2005 Regular City Commission meeting. APPROVED b. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT -- B-PLAZA PROJECT: (TR10699) Executing a Blanket Public Safety Ingress/Egress Easement with AB1 Corp., for the B-Plaza Project, located at 8050 University Dr, 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. R2005-106 C. AGREEMENT WITH BELLSOUTH -- MIGRATION OF ESSX LINES: (TR10738) Executing an agreement with Bellsouth Telecommunications, Inc. for the migration of the current ESSX lines into the new generation Centrex circuits lines and subsequent utilization of those lines at a cost of $1,027.26 per month for a period of thirty six months. RESOLUTION NO. R2005-107 d. RENTAL OF UNIFORMS: (TR10728) Renting uniforms from Unifirst Corporation, utilizing the Southeast Florida Governmental Cooperative Purchasing Group Bid #F-3939-05-RD for a total not to exceed $45,000 annually, approving funding from the appropriate accounts. RESOLUTION NO. R2005-108 June 22, 2005 Page 3 of 13 e. PURCHASE OF NEW TV VIDEO TRUCK & UPGRADE OF EXISTING UNIT: (TR10725) Awarding Bid Number 05-12B to Aries Industries, Inc., for the purchase of a new TV video truck & upgrade of an existing unit with Options A and B, authorizing an expenditure in an amount not to exceed $215,825.00. RESOLUTION NO. R2005-109 f. MICROFILMING AND DOCUMENT DIGITIZING SERVICES: (TR10736) Purchasing microfilming and document digitizing services from Lason Systems, Inc., and authorizing the appropriate City officials to execute an agreement utilizing a United States General Services Administration (GSA) Agreement #GS-25F-0075M for a total not to exceed $40,000 annually for the period of July 1, 2005 through September 30, 2006, approving funding from the appropriate account. RESOLUTION NO. R2005-110 g. GASOLINE PURCHASE: (TR10740) Purchasing gasoline from SMF Streicher Mobile: Fueling, Inc. and Mansfield Oil Company of Gainesville, Inc. utilizing Broward Sheriff's Office Co-op Contract # 5-3-8-049; authorizing total annual expenditures for the purchase of gasoline not to exceed $155,500. RESOLUTION NO. R2005-111 h. AGREEMENT RENEWAL — SUN -SENTINEL COMPANY: (TR10733) Exercising the second renewal of the agreement with Sun -Sentinel Company for printing and mailing of Tamarac resident and employee newsletters for a two year term effective April 10, 2005 through April 9, 2007 at a cost not to exceed $95,500. RESOLUTION NO. R2005-112 i. AGREEMENT WITH BELLSOUTH — ISDN PRI SERVICE: (TR10737) Executing a Contract Service Arrangement Agreement with BellSouth Telecommunications, Inc. for the provision and maintenance of one (1) new Primary ISDN (PRI) at Fire Station 15 and for the maintenance of the existing City Hall Primary Rate ISDN (PRI) service at a cost of $1,579.70 per month for a period of forty nine months. RESOLUTION NO. R2005-113 j. GRANT APPLICATION -- LANDSCAPING AT SOUTHGATE LINEAR PARK: (TR10732) Submitting an application to the Broward Beautiful Community Grant Program in the amount of $10,000 for the provision of landscaping at Southgate Linear Park between the Sawgrass Expressway and San Carlos Circle; authorizing city officials to accept and execute the required agreement upon approval of the application following legal review. RESOLUTION NO. R2005-114 k. APPLICATION FOR GRANT TO REPLANT TREES IN THE WAKE OF THE 2004 HURRICANE SEASON: (TR10741) Submitting two applications to the Florida Department of Agriculture and Consumer Services for Emergency Hurricane Supplemental Urban and Community Forestry Grants not to exceed the amount of $175,000 per application for the provision of trees at Southgate Linear Park and along Southgate Boulevard from the Sawgrass Expressway east to Nob Hill Road, and along Southgate Boulevard from Nob Hill Road east to SW 83rd Avenue; authorizing adherence to the three-year maintenance plans and execution of the maintenance memoranda of agreement between the City and the Department of Agriculture in the event the award(s) is/are approved; providing for a match of 25% per application in the event the grant proposal(s) is/are approved. RESOLUTION NO. R2005-115 June 22, 2005 Page 4 of 13 I. AGREEMENT RENEWAL -- LAW ENFORCEMENT SERVICES: (TR10745) Executing the agreement between the City of Tamarac and Sheriff of Broward County for police services to be effective nunc pro tunc October 1, 2004. REMOVED FROM CONSENT AGENDA AND PLACED ON REGULAR AGENDA AS ITEM 16 M. WATER AND SEWER DEVELOPER'S AGREEMENT — UNIVERSITY MEDICAL OFFICE BUILDING PROJECT: (TR10747) Executing a Water and Sewer Developer's Agreement MPR Partners, LLLP., and University Hospital, Ltd., for the University Medical Office Building Project, located at 7225 North University Drive, requiring 8 ERC's for water and 8 ERC's for sewer; requiring the payment of $25,600.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2005-116 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES — FIRST READINGS Interim City Attorney Goren said Items 7, 8, and 9 are companion items and could be considered together with separate motions and votes on each. 7. AMENDING CHAPTER 24 OF THE TAMARAC CODE — ADDITION OF DEFINITIONS AND ILLUSTRATIONS TO ASSIST IN IMPLEMENTATION OF MIXED USE ZONING DISTRICT: (T02083) Motion to adopt Ordinance on first reading amending Chapter 24, "Zoning", Article I "In General", Section 24-1, "Definitions" of the City of Tamarac Code of Ordinances through the addition of definitions and illustrations to assist in the implementation of the Mixed Use Zoning District (Case No. 12-Z-05); providing for codification. Interim City Attorney Goren read Temporary Ordinance 2083 on first reading by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. APPROVED ON FIRST READING JUNE 22, 2005 8. AMENDING CHAPTER 24 OF THE TAMARAC CODE — CREATING A NEW SECTION 24-434 "PERMITTED USES MASTER LIST": (T02084) Motion to adopt Ordinance on first reading amending Chapter 24, "Zoning", Article III, "District Regulations", Division 19, "Business and Commercial Uses Master List", Section 24- 431(b)(c)(d), "Intent and Application", Repealing Section 24-434, "Business and Commercial Uses Master List" of the City of Tamarac Code of Ordinances in its entirety and creating a new Section 24-434, "Permitted Uses Master List", establishing new uses and a new zoning district referred to as the Mixed Use Zoning District (Case No. 9- Z-05); providing for codification. Interim City Attorney Goren read Temporary Ordinance 2084, Revision No. 1, on first reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. APPROVED ON FIRST READING JUNE 22, 2005 June 22, 2005 Page 5 of 13 9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — CREATING DIVISION 25, "MXD MIXED USE DISTRICT"% (T02085) Motion to adopt Ordinance on first reading amending Chapter 24 entitled "Zoning", Article III, "District Regulations", of the City of Tamarac Code of Ordinances by creating Division 25, "MXD Mixed Use District", providing for the regulation of redevelopment revitalization and new construction within the Mixed Use District to include the following sections: 24-535, "Purpose and Intent", 24-536, "Mixed -Use Corridor Designation", 24-537, "Permitted Uses", 24-538, "Property Development Regulations", 24-539, "Development Intensity", and 24-540, "Special Regulations", and to provide additional development requirements and provisions for Mixed Use zoned properties (Case No. 14-Z-05); providing for codification. Interim City Attorney Goren read Temporary Ordinance 2085, Revision No. 1, on first reading by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. APPROVED ON FIRST READING JUNE 22, 2005 Commissioner Portner said there is nothing in the ordinance at this point that provides latitude for a variance or exception. Community Development Director King replied there is language in Chapter 24, zoning district variance procedure, which is consistent with our other ordinances. Mayor Schreiber asked what would happen if someone owned property and they had a non -conforming use, and Community Development Director King said if it is an existing structure and the city goes through the rezoning process to MXD, the use would be grandfathered in; if the building gets damaged to the point it could not be rebuilt under the code it would then have to conform to the new code. Commissioner Roberts said in the MXD area there are free standing buildings that are not up to the new code. If a parcel of land is smaller than two acres and there is no other vacant land accessible for them to merge to the required two acres, it puts the owner in a difficult situation since they can not make the requirements for the mixed use zone. Community Development Director King said all the property is platted and there is no way the property would be developed if a variance was not granted. The lot size would have to be taken under consideration. Commissioner Roberts said at the Planning Board meeting one of the board members asked Community Development Director King how many property owners are in a situation such as the one that came forward with the problem and Community Development Director King responded a handful. Commissioner Roberts asked Community Development Director King to identify the businesses and provide possible solutions at a workshop meeting. Commissioner Sultanof clarified that nothing has changed in Section 24; the new zoning is an adjunct. Variance processes are in the code. There must be accommodations and these must be told to the developers. Commissioner Sultanof added at the previous workshop it was discussed that this is a good opportunity for developers to get together; the city is not stalling development, but rather trying to develop the city. Mayor Schreiber opened discussion to the public. Interim City Attorney Goren confirmed that a final and full public hearing would be held at second reading. Attorney Barbara Hall, and Attorney Mike Moscowitz appeared representing the property owner. Ms. Hall said the instant property sits west of Pine Island Road between Walgreens and Wendy's, on the north side of Commercial Boulevard and the new zoning regulations would take away value from this property and significantly diminish its use. Ms. Hall spoke of minimum lot requirements, frontage and build to, and the driveway that serves the two parcels. Ms. Hall said this parcel was pre -developed and master planned in the city, and with the new zoning the property owner will have to come to the city for every right to be developed. Commissioner Sultanof asked the size of the parcel and Ms. Hall said June 22, 2005 Page 6 of 13 1.35 acres. Commissioner Sultanof asked if the property were to be sold with no regulations in place what would be built on it, and Ms. Hall said there is a contract on the parcel for a bank with drive through; the developer is working on a site plan. However, there is no way to develop the property as it is permitted today with the regulations the city proposes. Commissioner Sultanof asked why Ms. Hall is troubled about applying for a variance and Ms. Hall responded it is extreme relief; there is no entitlement, and if third parties challenge they typically prevail. Commissioner Sultanof said the city wants the bank to prosper and it will have access to the Commercial corridor. Community Development Director King said Commissioner Portner asked at the previous workshop what the taxable value of the change of the corridor would be; the parcel in question under today's B-2 zoning could build 18,000 sq. ft. Under the mixed use zoning they can build 60,000 sq. ft. Mr. Moskowitz said the property is unable to be developed under the new regulations and because of that progress on the property has been stopped. The pending contract was near closing, and the purchaser in meeting with city staff was discouraged from moving forward. Other cities do not just rely on the variance procedure; they recognize issues particular to certain properties and create in their new ordinances certain exemptions that will apply. Commissioner Sultanof asked if the city has ever turned down a request for variance and Community Development Director King said variances are denied at times, and during his time with the city an applicant was never denied the opportunity to come forward with an application. Petitioners may be encouraged to develop a certain way. Staff brings forward professional recommendations and how to proceed with the development; petitioners are told what the process is and how the city would like to see it done, but they are not stopped from moving forward. Mayor Schreiber said it appears the city is creating a hardship for the property owner and possibly forcing the loss of the sale, which may put the city in legal peril, and asked how the city could give the property owner relief. City Manager Miller said once the Mayor and City Commission approve the ordinances, the new district increases the value of the property. The property owner may go into partnership with another property owner or develop the property under the new zoning laws. These parcels, over time, will be absorbed by larger developers. Interim City Attorney Goren said the items before the Mayor and City Commission were developed over a period of time by outside consultants. The Planning Board considered the recommendations and now the items are before the Mayor and City Commission. There is no procedural issue. There will be a full public hearing, as required by Florida Statutes. What you have before you today is staff presentation. There is a variance provision in the existing code and a good faith effort will be made if an application is filed. The ordinances are a matter of the general collegial body's decision making and if there is inconsistency between the land use and the ordinance, the commission has an opportunity to modify the ordinance between first and second readings. The documents are clothed in correct constitutionality and good faith and there are opportunities and choices to consider. The city is not immune from litigation; the presumption of correctness and constitutionality prevails. Commissioner Partner asked about using the driveway between Wendy's and Walgreens, perhaps closing it, and Ms. Hall said the driveway is an easement in favor of the adjacent parcel owner and provides access in the rear. Commissioner Portner questioned the difference between a variance and special exception and Community Development Director King said a special exception is a particular use reviewed by the Planning Board and Mayor and City Commission. A variance is requested when an owner wants to do something June 22, 2005 Page 7 of 13 different than what the regulations allow; criteria must be addressed and hardship proven. Variances are presented to the Planning Board. Commissioner Portner asked if it is possible for Ms. Hall and Mr. Moskowitz to meet with Community Development Director King to see if their concerns can be accommodated. Ms. Hall said she would be happy to meet with Mr. King prior to second reading of the ordinance. Vice Mayor Flansbaum-Talabisco and Commissioner Roberts agreed a meeting should be held. Mayor Schreiber closed discussion to the public. Interim City Attorney Goren said this is a global zoning change and not site specific. Staff indicated on the record good faith efforts to resolve the issues; however, there is no pending site plan to respond to at this time. Staff would need to review the applicant's submission before second reading of the ordinance. On roll call for Item No. 7, AMENDING CHAPTER 24 OF THE TAMARAC CODE — ADDITION OF DEFINITIONS AND ILLUSTRATIONS TO ASSIST IN IMPLEMENTATION OF MIXED USE ZONING DISTRICT: (T02083) Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. APPROVED ON FIRST READING JUNE 22, 2005 On roll call for Item No. 8, AMENDING CHAPTER 24 OF THE TAMARAC CODE — CREATING A NEW SECTION 24-434, "PERMITTED USES MASTER LIST": (T02084) Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion carried. APPROVED ON FIRST READING JUNE 22, 2005 On roll call for Item No. 9, AMENDING CHAPTER 24 OF THE TAMARAC CODE — CREATING DIVISION 25 "MXD MIXED USE DISTRICT": (T02085) Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes". Motion carried. APPROVED ON FIRST READING JUNE 22, 2005 PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCES -- SECOND READINGS 10. AMENDING CHAPTER 16 OF THE TAMARAC CODE — PENSION AND RETIREMENT: (T02087) Motion to adopt ordinance on second reading amending the City of Tamarac Code of Ordinances by specifically amending Part II, Chapter 16, Pension and Retirement, Article II. Declaration of Trust, Division 2. Board of Trustees, Section 16-56. Members to delete the appointment of a member of the board by the finance director and replacing that position with an elected member; amending Article III. Pension Plan, Division 1. Definitions, Section 16-126. General employee to provide for the exclusion of administrative, managerial/professional and executive positions from the definition of general employee; amending Article III. Pension Plan, Division 3. Credited service, Section 16-191. Participation to provide the option for certain employees to participate in a new defined benefit pension plan; Section 16-198, Refund of Contributions to provide for a refund of contributions to participants who transfer to new plan; providing for codification. Interim City Attorney Goren read Temporary June 22, 2005 Page 8 of 13 Ordinance 2087, Revision #1 on second reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Commissioner Roberts said she is disappointed the President's Council commented that they did not like the elected officials' participation in the pension plan, and added the new plan will cost the Mayor and City Commission more money than the 401. Additionally, Tamarac elected officials have term limits and would not get to serve 20 years. Commissioner Portner said members of congress are entitled to pensions. The Tamarac Commission works hard and responds to the public. People do not know what the Mayor and City Commission do and how much time is put in each day. Vice Mayor Flansbaum-Talabisco said in order to be eligible for the pension plan officials must be elected for a second term. Vice Mayor Flansbaum-Talabisco agreed with Commissioner Roberts that it will cost the elected officials more money to participate in the new plan. It is inaccurate to describe this as a part-time job and it is definitely not 9-5. Commissioner Sultanof said the ordinance includes over 100 people who were left out of the mix in the City of Tamarac, and Tamarac has the best staff in Broward County and this commission has served the residents well. Commissioner Sultanof added he has served the city for 15 years, 11 as an elected official. This is a way to offer people an incentive to stay and it makes the city competitive. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. ORDINANCE NO. 0-2005-10 11. AMENDING CHAPTER 16 OF THE TAMARAC CODE — CREATING PENSION PLAN AND TRUST FUND FOR ELECTED AND APPOINTED OFFICIALS EXECUTIVE MANAGERIAL/PROFESSIONAL AND NON -REPRESENTED ADMINISTRATIVE EMPLOYEES: (T02086) Motion to adopt ordinance on second reading amending Chapter 16, of the Code of the City of Tamarac enacting a new Article IX, creating a pension plan and trust fund for elected and appointed officials, executive, managerial/professional, and non -represented administrative employees; providing for codification. Interim City Attorney Goren read Temporary Ordinance 2086, Revision #1 on second reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. ORDINANCE NO. 0-2005-11 QUASI-JUDICIAL HEARINGS 12. DELEGATION REQUEST TO AMEND NOTE ON "WESTPOINT SECTION 7 PLAT" -COMMUNITY CHRISTIAN CHURCH: (TR10646) Motion to approve Resolution approving a Delegation Request to amend the note on the "Westpoint Section 7 Plat" from the current restriction of "Commercial" to "Commercial" and "Church" to accommodate the future construction of the Community Christian Church on the subject property, specifically Tract "D" 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, located at the northeast corner of Sawgrass Expressway and June 22, 2005 Page 9 of 13 Commercial Boulevard, extending west to Nob Hill Road and north to State Street (Case No. 2-P-05). Interim City Attorney Goren said Item 12, Temporary Resolution 10646 and Item 13, Temporary Resolution 10719 are companion items and could be heard together with separate motions on each item. Interim City Attorney Goren read Temporary Resolution 10646 by title. Commissioner Portner seconded by Commissioner Sultanof moved approval of Temporary Resolution 10646. Interim City Attorney Goren read Temporary Resolution 10719 by title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval of Temporary Resolution 10719. Interim City Attorney Goren explained the quasi-judicial procedures and asked the applicants if they wished to waive their quasi-judicial rights. William Laystrom, Jr., Douman, Allsworth, Cross, Laystrom, waived his quasi-judicial rights on behalf of the petitioner for Items 12 and 13. Community Development Director King gave a presentation. Commissioner Portner questioned the money the petitioner donated to the city and asked why an analysis review of impact to the city was done. Community Development Director King responded when a development is under consideration, every aspect is looked at and the majority of the time putting a facility on vacant property will generate tax dollars for the city. When the church bought the property it was taken off the tax rolls. Tamarac Commerce Park is a vital financial impact to the city and is currently reaching build out. The city is looking at ways of generating more tax dollars and we look at the financial impact so we can look at other opportunities for stable financial growth. Commissioner Portner asked if it was the church's idea to donate money to the city and City Manager Miller responded that Mayor Schreiber had asked for an analysis of the economic impact, which City Manager Miller provided to all the commissioners. A suggestion was made that perhaps the church could make a donation to the city. The amount of $50,000 was discussed but $30,000 was agreed upon; $10,000 up front and then $5,000 per year. That money was to be dedicated to landscaping along Commercial Boulevard and to defray the maintenance to the entryway of the facility. Commissioner Portner asked if any other religious organization had been asked to donate money and City Manager Miller responded periodically we ask other facilities to go further than required as far as landscaping, either by providing funding or actually putting in the landscaping. Commissioner Portner said he does not agree with asking a religious organization for money. Mayor Schreiber said the owner sold the property to the church and that sale cost the city millions of dollars. The church offered a sum of money to the city. Commissioner Roberts said she is not in favor of the church being built on the property because of the tax loss to the city, nor was she in favor of putting a high school on that property for the same reason. Commissioner Roberts said she met with the attorneys for the petitioner and any questions she had were answered. Commissioner Sultanof said he believed there was a tentative agreement with the City of Sunrise for Commercial Boulevard, and it is admirable what the church is doing and it will enhance the area. In the future the city will be developing Main Street and maybe in time the Temple Beth Torah and the Buddhist Temple may have to come forward to participate in the landscaping. Centex tried to accommodate the area behind where they are building and donated the play area. It is not uncommon for entities to come into the city and want to enhance the city's appearance. Vice Mayor Flansbaum-Talabisco said residents of Plum Bay/Plum Harbor were concerned about the landscaping, and asked for assurances that the berm will make the residents happy, and the church has gone June 22, 2005 Page 10 of 13 above and beyond what is required. Community Development Director King said the landscaping is in excess of that required. Vice Mayor Flansbaum-Talabisco welcomed the church into District 2 and thanked them for their gesture of spiritual good faith by enhancing the area. The residents of Plum Bay/Plum Harbor will be pleased, and she looks forward to the church and the city being good partners. Commissioner Partner welcomed the church to Tamarac, and inquired whether the church was asked to donate money to the city. Mr. Laystrom said the tax issues were discussed before the church applied to the city. Other locations were considered, and there were discussions with the planner and city commission. This was a compromise and works well for everyone involved and was not initiated by the church. City Manager Miller said initially no money was discussed. As conversations progressed the commission had concerns about additional landscaping, so a monetary donation was discussed in more detail. Since there are no plans for the median, the only way that made sense was for the church to make a cash donation. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call for Item 12, Temporary Resolution 10646, Commissioner Sultanof voted "yes", Vice Mayor Flansbaum- Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. RESOLUTION NO. R2005-117 13. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — COMMUNITY CHRISTIAN CHURCH: (TR10719) Motion to approve Resolution issuing Revised Development Order No. 315.14 and granting New Development Site Plan approval to Community Christian Church to allow the construction of Phase I comprising a 54,567 square foot sanctuary with associated multi -purpose activity areas, associated parking, landscaping and infrastructure improvements, as well as a Conceptual Master Site Plan for future growth and a Phasing Plan indicating anticipated stages of the total campus construction, located at the northwest corner of Nob Hill Road and Commercial Boulevard, specifically a parcel of land being a portion of Tract "D" 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. 3-SP-05); providing for conditions of approval. On roll call for Item 13, Temporary Resolution 10719, Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2005-118 14. SPECIAL EXCEPTION — LADY OF AMERICA: (TR10726) Motion to approve Resolution granting a Special Exception to permit the operation of a fitness center in a B-2 (Planned Community Business District) zoning category to Lady of America to be located at the southeast corner of North University Drive and McNab Road (6738 North University Drive) in the University Commons Shopping. Center, specifically Parcel "A" of the "McNab Plaza Plat", according to the Plat thereof as recorded in Plat Book 91, Page 17 of the Public Records of Broward County, Florida (Case No. 15-Z-05); providing for conditions of approval. Interim City Attorney Goren read Temporary Resolution 10726 by title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval. Interim City Attorney Goren explained the quasi-judicial process and asked June 22, 2005 Page 11 of 13 the applicant if he wished to waive his quasi-judicial rights. Joe Ervin, owner, waived his quasi-judicial rights. Community Development Director King gave a presentation. Commissioner Sultanof asked where in the mall the store would be located and if signs would be posted as in other fitness centers, regarding physical abilities. Mr. Ervin explained the programs that would be provided. Commissioner Sultanof asked for clarification of independent contractors and Mr. Ervin said they are personal trainers and aerobics instructors. Vice Mayor Flansbaum-Talabisco said she has friends who attend Lady of America and love it. Vice Mayor Flansbaum-Talabisco asked if there would be a snack or refreshment area and Mr. Ervin said there would be water and fitness beverages. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes". Motion carried. RESOLUTION NO. R2005-119 15, SPECIAL EXCEPTION — POLLO RICO RESTAURANT: (TR10727) Motion to approve Resolution granting a Special Exception to permit the sale and on -site consumption of alcoholic beverages in a B-2 (Planned Community Business District) zoning category for Polio Rico Restaurant located in the University Commons Shopping Center at 6706 North University Drive, specifically a portion of Parcel "A" of the "McNab Plaza Plat", according to the Plat thereof as recorded in Plat Book 91, Page 17 of the Public Records of Broward County, Florida (Case No. 16-Z-05); providing for conditions of approval. Interim City Attorney Goren read Temporary Resolution 10727 by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. Interim City Attorney Goren explained the quasi-judicial process and asked the applicant if he wished to waive his quasi-judicial rights. Christopher Cutro, Cutro & Associates, waived his quasi-judicial rights on behalf of the petitioner. Community Development Director King gave a presentation. Mayor Schreiber asked what kind of food would be served and Mr. Cutro said South American style. Vice Mayor Flansbaum-Talabisco asked if this is a franchise and questioned the hours of operation. Mr. Cutro said it is not a franchise and the hours of operation are 11:00 a.m. — 9:00 p.m. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Partner voted "yes", Commissioner Roberts "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2005-120 END_ OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS 16. AGREEMENT RENEWAL — LAW ENFORCEMENT SERVICES: (TR10745) Executing the agreement between the City of Tamarac and Sheriff of Broward County for police services to be effective nunc pro tunc October 1, 2004. Interim City Attorney Goren read Temporary Resolution 10745, Revision 1, by title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval. City Manager Miller said the city and BSO worked together over the last several months and reached an agreement that makes sense for both. Costs have been kept down while service levels remain the same. This is a five-year contract @$47.5 million which represents a 3.2% June 22, 2005 Page 12 of 13 1 1 average annual increase for the five-year period. Sheriff Jenne thanked the Mayor and City Commission for giving BSO the opportunity to participate with Tamarac. Commissioner Roberts said she has been a proponent of BSO for a long time but she is not happy to see six deputies replaced by Community Service Aides (CSA's) and she does not support the new agreement. City Manager Miller explained the CSA's are able to relieve the deputies so they can tend to matters other than paperwork. City Manager Miller and Sheriff Jenne agreed if there is a need to come back to the table in the future to amend the agreement, that can be done. Commissioner Roberts also questioned taking a CSA from the desk during the midnight shift, and Chief Dugger explained there are very few walk-ins during that time period and the CSA will be used to assist in calls for service. Commissioner Roberts said she knows some residents in District 4 will not be happy about this, and asked if the six deputies are leaving voluntarily. Chief Dugger said he will ask for volunteers first; there are opportunities for these deputies to expand their careers. Commissioner Portner questioned language regarding ancillary services and Sheriff Jenne said this allows the Mayor and City Commission and residents to recognize this is a service that will be provided; the language can be taken out of the contract if the Mayor and City Commission wish, but it is standard in any pubic contract. The services will be provided whether enumerated in the contract or not. Commissioner Sultanof said he is happy with the contract and commended Chief Dugger on what he has done for the city. Vice Mayor Flansbaum-Talabisco said her philosophy is to surround herself with the best and most professional people and let them do their job. Vice Mayor Flansbaum-Talabisco commended staff and BSO in putting together this agreement, and commended Chief Dugger on what he has done to protect the residents of Tamarac. Commissioner Partner thanked the Sheriff for the opportunity to use some of BSO's facilities and report back to the residents of Tamarac. Mayor Schreiber said over the past 16 years BSO and the city have grown and things have gotten better. On roll call Commissioner Partner voted "yes", Commissioner Roberts "no", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2005-121 There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the meeting at 11:40 a.m. L� . -MARION SWEN ON, CMC CITY CLERK June 22, 2005 Page 13 of 13 E SCHREIBER, MAYOR No Text