HomeMy WebLinkAbout2003-07-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY JULY 9, 2003
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City
Commission to order at 7:00 P.M. on Wednesday, July 9, 2003, in Chambers at
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner
Edward C. Partner, 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: Vice Mayor Karen L. Roberts
INTRODUCTION
1. PROCLAMATIONS/SPECIAL RECOGNITIONS:
a. Presentation by Randy Hibshman of a plaque to the Mayor and Commissioners
for their support of Challenger baseball. Mayor Schreiber accepted on behalf of the
Commission and City of Tamarac.
b. Presentations of Tamarac's 40th Anniversary Classic Car Show Awards. This
item was pulled from the agenda.
REPORTS
2. _City Commission: Mayor Schreiber said celebration of the holiday and
Tamarac's 40 anniversary on July 41h was a magnificent event, with about 25,000
people in attendance.
Commissioner Portner had no report.
Vice Mayor Roberts congratulated the City of Tamarac and Parks and Recreation
Director Margoles and staff on Tamarac having been chosen as City of the Year by
the State Special Olympics.
Commissioner Sultanof had no report.
Commissioner Flansbaum-Talabisco said this was her first 41h of July as
Commissioner and was the best she has ever had; the fireworks were `over the moon'.
Commissioner Flansbaum-Talabisco thanked Parks and Recreation Director Margoles
and Parks and Recreation team and staff; and said it was terrific seeing so many
people in attendance at the event.
July 9, 2003
1
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: City Manager Miller reported Fire Chief Jim Budzinski was
appointed chair to the subcommittee of the National Fire Code Council. Fire Rescue's
Sergio Garces is to return to Tamarac in late July from service in Saudi Arabia and
firefighter/paramedic Percy Sayles was selected as Florida paramedic of the year by
the Broward EMS Provider's Council. City Manager Miller also reported that Joe
Braden, volunteer coach for the Tamarac Cougars tackle football team, was chosen
by the NFL to attend an all expense paid coaching summit in Canton, Ohio because of
his dedication to the children of Tamarac and his hard work as a coach and role
model. City Manager Miller welcomed Jack Strain to Tamarac and said his
nomination as Public Works Director is on tonight's consent agenda.
PUBLIC PARTICIPATION
5. PUBLIC PARTICIPATION: Stewart Webster, 7900 Colony Circle South,
Tamarac and Don Rosenthal, 5711 NW 56 Place, Tamarac, spoke about recent
appointments to the Planning Board.
CONSENT AGENDA
6. Commissioner Portner seconded by Commissioner Sultanof moved removal of
item 6(c) from the consent agenda for discussion. 6(c). FIRE RESCUE
ASSESSMENTS: (TR10167) Relating to the provision of fire rescue services, facilities
and programs in the City of Tamarac, Florida; establishing the estimated assessment
rate for fire rescue assessments for the fiscal year beginning October 1, 2003;
directing the preparation of an assessment roll; authorizing a public hearing and
directing the provision of notice thereof. On roll call Commissioner Portner voted
"yes", Commissioner Sultanof "yes", Commissioner Flansbaum-Talabisco "yes", Mayor
Schreiber "yes", and Vice Mayor Roberts "yes". Motion carried.
Commissioner Portner seconded by Commissioner Sultanof moved removal of item
6(d) from the consent agenda for discussion. 6(d). PROPOSED MILLAGE RATE
FY04: (TR10161) Authorizing the City Manager to send a proposed millage rate of
5.9999 mills to the property appraiser for fiscal year 2004 and setting September 4th
2003 at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue,
Tamarac, Florida as the date, time and place for the first public budget hearing; setting
SVember 11th 2003 at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N.W.
88t Avenue, Tamarac, Florida as the date, time, and place for the second public
budget hearing. On roll call Commissioner Sultanof voted "yes", Commissioner
Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and
Commissioner Partner "yes". Motion carried.
Commissioner Sultanof seconded by Vice Mayor Roberts moved approval of all items
on the consent agenda except items 6(c) and 6(d), which were removed for
discussion. On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor
Schreiber "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and
Commissioner Sultanof "yes". Motion carried.
July 9, 2003
2
LJ
a. APPROVE the minutes of the June 25, 2003 regular City Commission meeting.
APPROVED
b. APPROVE the minutes of the June 25, 2003 special City Commission meeting.
APPROVED
C. FIRE RESCUE ASSESSMENTS: (TR10167) Relating to the provision of fire
rescue services, facilities and programs in the City of Tamarac, Florida;
establishing the estimated assessment rate for fire rescue assessments for the
fiscal year beginning October 1, 2003; directing the preparation of an
assessment roll; authorizing a public hearing and directing the provision of
notice thereof.
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
d. PROPOSED MILLAGE RATE FY04: (TR10161) Authorizing the City Manager
to send a proposed millage rate of 5.9999 mills to the property appraiser for
fiscal year 2004 and setting September 4th, 2003 at 5:30 p.m, at the Tamarac
Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the date,
time and place for the first public budget hearing; setting September 11th, 2003
at 5:30 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue,
Tamarac, Florida as the date, time, and place for the second public budget
hearing.
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
e. AGREEMENT — TELECOMMUNICATIONS ANTENNA AND ASSOCIATED
EQUIPMENT: (TR10146) Executing a site lease agreement and memorandum
of agreement with METROPCS California/Florida, Inc. for the installation of a
telecommunications antenna and associated equipment on the existing tower at
Tamarac Sports Complex; authorizing the appropriate city officials to execute
any permit applications as may be required on behalf of the City as owner of
the property.
RESOLUTION NO. R2003-160
f. VOTING DELEGATE — 2003 FLORIDA LEAGUE OF CITIES' ANNUAL
CONVENTION: (TR10172) Appointing Commissioner Edward C. Partner as
the City of Tamarac's voting delegate to the 2003 Florida League of Cities'
Annual Conference; directing the City Clerk to send a copy of this Resolution to
the Florida League of Cities.
RESOLUTION NO. R2003-161
g. LAW ENFORCEMENT TRUST FUND — CAPITAL EQUIPMENT AND
SUPPLIES: (TR10115) Authorizing the Broward County Sheriff's Office District
VII (BSO) to use Law Enforcement Trust Fund (LETF) monies to purchase
through its purchasing division various capital equipment and supplies in the
amount of $33,302.00.
RESOLUTION NO. R2003-162
July 9, 2003
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h. GRANT AGREEMENT — IMPROVEMENTS TO VETERAN'S PARK PARKING
AREA: (TR10178) Executing a grant agreement with Broward County to
accept a Broward Boating Improvement Grant in the amount of $49,810 to
enhance recreational boating opportunities at Veteran's Park; authorizing the
appropriate City officials to amend the grants fund budget in the amount of
$49,810 during third quarter revisions in accordance with proper accounting
procedures.
RESOLUTION NO. R2003-163
i. REDISTRICTING COMMITTEE'S REPORT: (TR10150) Accepting the
Redistricting Committee's Report dated May 28, 2003; authorizing and directing
the City Clerk to forward the Redistricting Committee's Report to the Broward
County Supervisor of Elections.
RESOLUTION NO. R2003-164
j. APPOINTMENT — DIRECTOR OF PUBLIC WORKS: (TR10181) Appointing
Roger J. Strain as Director of Public Works effective August 25, 2003, or at
such earlier date as is mutually agreed upon.
RESOLUTION NO. R2003-165
k. CAPORELLA PARK IMPROVEMENTS: (TR10176) Awarding Bid No. 03-20B,
entitled "Caporella Park Improvements" to Q Construction, Inc.; authorizing the
appropriate City Officials to execute an agreement between the City of
Tamarac and Q Construction, Inc. for Bid No. 03-20B for an amount not to
exceed $332,500.
RESOLUTION NO. R2003-166
END OF CONSENT AGENDA
REGULAR AGENDA
6c. FIRE RESCUE ASSESSMENTS: (TR10167) Relating to the provision of fire
rescue services, facilities and programs in the City of Tamarac, Florida; establishing
the estimated assessment rate for fire rescue assessments for the fiscal year
beginning October 1, 2003; directing the preparation of an assessment roll;
authorizing a public hearing and directing the provision of notice thereof.
Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved
approval. Vice Mayor Roberts said she cannot vote yes in good conscience because
she is not in favor of the proposed $113 fee; she would prefer it to be a two-phase
process. Commissioner Portner said a two -phased process would appear to the
residents that taxes were being raised twice. Commissioner Sultanof added it is
important that residents realize other cities are charging more than Tamarac and
putting forth the charge one time rather than a two-phase process is better. On roll
call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes",
Mayor Schreiber "yes", Vice Mayor Roberts "no", and Commissioner Partner "yes".
Motion carried.
RESOLUTION NO. R2003-167
6d. PROPOSED MILLAGE RATE FY04: (TR10161) Authorizing the City Manager
to send a proposed millage rate of 5.9999 mills to the property appraiser for fiscal year
2004 and setting September 4t" 2003 at 5:30 p.m. at the Tamarac Commission
Chambers, 7525 N,W, 88th Avenue, Tamarac, Florida as the date, time and place for
July 9, 2003
4
the first public budget hearing; setting September 11 th, 2003 at 5:30 p.m. at the
Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the
date, time, and place for the second public budget hearing. Vice Mayor Roberts
seconded by Commissioner Sultanof moved approval On roll call Commissioner
Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes",
Commissioner Portner "yes', and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2003-168
7.0 MOTION TO RECONSIDER TEMPORARY RESOLUTION 10164,
AGREEMENT BETWEEN CITY AND MARTIN OUTDOOR MEDIA INC. FOR BUS
BENCH DESIGN CONSTRUCTION INSTALLATION AND MAINTENANCE:
(TR10164) Awarding RFP No. 03-10R to and executing an agreement with Martin
Outdoor Media, Inc. to furnish bus benches for the City of Tamarac for a five year
period beginning July 16, 2003 through July 15, 2008 with an option to renew for an
additional five year period. Commissioner Partner said he is requesting that 7.0 on
the regular agenda be tabled as he had asked before for further discussion. A lot of
information came to him recently that he does not believe the staff or Commission is
aware of; and he asked that his request be honored and show him the courtesy of the
item remaining tabled to the August 27 meeting. Vice Mayor Roberts seconded by
Commissioner Flansbaum-Talabisco moved reconsideration of Temporary Resolution
10164. On roll call Commissioner Portner voted "yes", Commissioner Flansbaum-
Talabisco "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes", and Mayor
Schreiber "yes". Motion carried.
MOTION APPROVED
7.01 AGREEMENT BETWEEN CITY AND MARTIN OUTDOOR MEDIA INC. FOR
BUS BENCH DESIGN CONSTRUCTION INSTALLATION AND MAINTENANCE:
(TR10164) Motion to approve Resolution awarding RFP No. 03-1OR to and executing
an agreement with Martin Outdoor Media, Inc. to furnish bus benches for the City of
Tamarac for a five year period beginning July 16, 2003 through July 15, 2008 with an
option to renew for an additional five year period. City Attorney Kraft read Temporary
Resolution 10164 by title. Vice Mayor Roberts seconded by Commissioner
Flansbaum-Talabisco moved approval. Commissioner Portner seconded by
Commissioner Sultanof moved to table Temporary Resolution 10164 to August 27,
2003. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-
Talabisco "no", Commissioner Portner "yes", Vice Mayor Roberts "no", and Mayor
Schreiber "no". Motion failed.
Commissioner Portner said he had not seen the contract and there is a lot of
information about the firm that the Mayor and Commission is not aware of; he
suggested a special workshop meeting to discuss the item. Vice Mayor Roberts said
the item had already been tabled, and there was discussion about it. The Commission
needed to move forward. Mayor Schreiber said according to the record, Martin
Outdoor Media is the higher bidder, and the Commission must move ahead with the
information provided by staff. If the selected vendor does not perform, the
Commission will take appropriate action. Commissioner Portner read a letter into the
record from the City of Hollywood (attached). On roll call Commissioner Sultanof
July 9, 2003
5
voted "no", Commissioner Flansbaum-Talabisco "yes", Commissioner Portner "no",
Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2003-169
ORDINANCE — FIRST READING
7. AMENDING SECTION 22-132 OF THE TAMARAC CODE — RETURN OF
UTILITY CUSTOMER DEPOSITS: (TO2014) Motion to adopt Ordinance on first
reading amending Chapter 22 entitled, "Utilities", Article III entitled, "Rates and
charges and billing procedure", Division 4 entitled, "Billing and discontinuance of
service", Section 22-132 entitled, "Consumer deposit", allowing for the return of
consumer deposits for customers in good financial standing; providing for codification.
City Attorney Kraft read Temporary Ordinance 2014, Revision #1, on first reading by
title. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval. City
Manager Miller explained that deposits will be returned to customers with good
financial standing. Commissioner Portner asked for a definition of good financial
standing. Finance Director Newman explained the criteria on which good financial
standing is based. Vice Mayor Roberts confirmed that if the customer's financial
standing deteriorated, then a new deposit would be requested. On roll call Vice Mayor
Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Partner "yes",
Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion
carried.
APPROVED ON FIRST READING
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
8. AMENDING COMPREHENSIVE PLAN — ICE: (TO1976) Motion to adopt
Ordinance on second reading adopting an amendment to the Intergovernmental
Coordination Element (ICE) of the City of Tamarac Comprehensive Plan to address
coordination efforts among government agencies that relate to conservation of natural
areas, parks and recreation areas and preservation of open spaces. City Attorney
Kraft read Temporary Ordinance 1976 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 Mayor Schreiber voted "yes", Vice Mayor Roberts "yes",
Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner
Flansbaum-Talabisco "yes". Motion carried.
ORDINANCE NO. 0-2003-15
QUASI-JUDICIAL HEARINGS
9. AMENDING PRIOR ZONING — "SOUTHGATE AT NOB HILL PLAT":
(TO2010) Motion to adopt Ordinance on second reading amending prior zoning of
certain real estate property (a/k/a: Southgate at Nob Hill Plat) from B-1
(Neighborhood Business District) to R-3 (Low -Density Multi -Family Residential
District) lands commonly known as Parcel "A" of the "Southgate at Nob Hill Plat",
July 9, 2003
6
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 Nab Hill
Road and Southgate Boulevard (Case No. 13-Z-03); providing for amendment of the
official zoning map to reflect such change. City Attorney Kraft said items 9, 10, and 11
are companion items, and suggested they be considered at one time, with individual
motions. City Attorney Kraft read Temporary Ordinance 2010 on second reading by
title. Commissioner Portner seconded by Commissioner Sultanof moved approval.
City Attorney Kraft read Temporary Resolution 10168 by title. Commissioner Sultanof
seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney
Kraft read Temporary Resolution 10173 by title. Commissioner Partner seconded by
Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained
the quasi-judicial procedures and Jay Huebner, Carnahan, et al., waived his quasi
judicial rights. Community Development Director King gave a presentation and said
residents from Spring Lake voiced opposition but the developer met with the
community and informed Community Development staff that all matters have been
addressed. Commissioner Partner asked about the different size buildings and Mr.
Huebner said some have more units. Mayor Schreiber opened the public hearing.
Sam Schwartz, Concord Village, asked for some vehicle by which the audience could
see the renderings. There being no one else wishing to speak, Mayor Schreiber
closed the public hearing. On roll call Commissioner Flansbaum-Talabisco voted
"yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof
"yes", and Vice Mayor Roberts "no". Motion carried.
ORDINANCE NO. 0-2003-16
10. SPECIAL EXCEPTION — PRESTIGE COMMONS: (TR10168) Motion to
approve Resolution granting a Special Exception to allow the construction of more
than one (1) principal building on the subject property in an R-3 (Low -Density Multi -
Family Residential District) zoning category to Prestige Commons, located on the
southeast corner of Nob Hill Road and Southgate Boulevard, specifically Parcel "A" of
the "Southgate at Nab 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 (Case No. 12-
Z-03); providing for conditions of approval. On roll call Commissioner Portner voted
"yes", Vice Mayor Roberts "no", Commissioner Flansbaum-Talabisco "yes', Mayor
Schreiber "yes", and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2003-170
11. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN
— PRESTIGE COMMONS: (TR10173) Motion to approve Resolution issuing Revised
Development Order No. 310.1 and granting New Development Site Plan approval to
Prestige Commons to allow the construction of a fifty-three (53) unit town home
development with associated parking, landscaping and infrastructure improvements,
located at the southeast corner of Nob Hill Road and Southgate Boulevard, specifically
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
(Case No. 8-SP-03); providing for conditions of approval. On roll call Commissioner
Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber
"yes", Vice Mayor Roberts "no", and Commissioner Portner "yes". Motion carried.
RESOLUTION NO. R2003-171
July 9, 2003
7
12. SPECIAL EXCEPTION — CHAMPIONS PRESCHOOL, INC.:_ (TR10174)
Motion to approve Resolution granting a Special Exception to allow the operation of
daycare/preschool in a B-2 (Community Business District) zoning category to
Champions PreSchool, Inc. located at 5835 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. 23-Z-03); providing for conditions of approval. City Attorney Kraft
read Temporary Resolution 10174 by title. Commissioner Sultanof seconded by
Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained
the quasi-judicial procedures and Jorge Morrell, Woolbright Development, Inc.,
Stefano DeLuca, Architect, and Andrea Velandia, Director, waived their quasi-judicial
rights. Community Development Director King gave a presentation. Commissioner
Sultanof asked if this is a new building and Mr. Morrell said part of it is new.
Commissioner Sultanof questioned the glass windows and said at one time the school
board turned down this type of storefront for classroom use because of the glass. Mr.
Morrell said this is a third location for this business and HRS has given preliminary
approval. Commissioner Flansbaum-Talabisco questioned parking and drop-off and
possible traffic problems backing up to University Drive. Mr. Morrell said these issues
have been addressed and there will be runners taking the children from the cars and
bringing them to the building. Additionally, there will be designated parking and
parents will have to comply with the rules. Commissioner Portner said he had a
concern with children being at the center all day as it will be open from 6:00 a.m. —
10:30 p.m. Mr. Morrell said this is a concept used at the other centers, and it affords
child care for parents who work odd shifts or evenings. Commissioner Portner asked
the age of the children and questioned sleeping and feeding facilities. Mr. DeLuca
said there are play areas, bathing facilities, an after school room and two snacks are
provided for those children during the day and those there in the evenings. Children
range in age from infant to four years. Vice Mayor Roberts questioned the 72" high
chain link fence and Community Development Director King said this is allowed except
in the front of properties. Vice Mayor Roberts asked what type of business would
back up to the playground and Mr. Morrell said there is a fence and sidewalk along the
back of the center. The incoming business would most likely be retail. At present
negotiations are ongoing with a small ice cream shop. Vice Mayor Roberts asked
about the after school room and Ms. Velandia said it is for summer campers and those
coming from public schools. Bus service will be provided. Mayor Schreiber opened
the public hearing. Sam Schwartz, Concord Village asked if a nurse is on the
premises and Ms. Velandia said there is a nurse for the infants. With no one else
wishing to speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor
Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes",
Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion
carried.
RESOLUTION NO. R2003-172
13. SPECIAL EXCEPTION — U-HAUL: (TR10175) Motion to approve Resolution
granting a Special Exception to allow the expansion of the existing U-Haul dealership
to consist of twenty (20) rental trucks and fifteen (15) trailers in a B-3 (General
Business District) zoning category to Pack & Ship/U-Haul located at 10018 West
McNab Road in the Tamarac Marketplace Shopping Center, specifically Tract "A" of
July 9, 2003
8
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. 24-Z-
03); providing for conditions of approval. City Attorney Kraft read Temporary
Resolution 10175, Revision #1, on first reading by title. Commissioner Portner
seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained
the quasi-judicial procedures and Deborah Moore waived her quasi-judicial rights.
Community Development Director King gave a presentation. Commissioner Sultanof
asked if all factors requested by the previous (original) owner were incorporated and
Community Development Director King said they were. Commissioner Portner asked
the size of the largest truck and trailer, and Ms. Moore said it is a 24' truck and a 6x12
trailer. 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. R2003-173
14. SPECIAL EXCEPTION — HESS SERVICE STATION: (TR10155) Motion to
approve Resolution granting a Special Exception to allow the operation of the Hess
Service Station @ Southgate on a 24-hour per day/7 day a week basis within a B-2
(Community Business District) zoning category, located at 8550 North University
Drive, specifically a portion of Lot 1, Block 12 of the "Lyons Commercial Subdivision
No. 3" Plat, according to the Plat thereof as recorded in Plat Book 76, Page 31 of the
Public Records of Broward County, Florida (Case No. 22-Z-03); providing for
conditions of approval. City Attorney Kraft read Temporary Resolution 10155 by title.
Commissioner Sultanof seconded by Commissioner Partner moved approval. City
Attorney Kraft explained the quasi-judicial procedures and Richard Coker and Stuart
Rachlin waived their quasi-judicial rights. Community Development Director King
gave a presentation and said Mr. Coker had addressed the community's concerns
regarding lighting and security. Mayor Schreiber asked what type of alcohol would be
sold and Mr. Coker said beer and wine. Commissioner Portner asked how much
business is actually done between 12:00 Midnight and 6:00 a.m. Mr. Coker said the
slow early morning hours are devoted to inventory, cleaning and bookkeeping. There
are some customers during those times, also. Commissioner Portner asked if there
was more than one attendant on duty and Mr. Coker said no. There was discussion
regarding the special exception to sell beer and wine. Mayor Schreiber asked if any
other stations operate in this manner, and BSO Chief Dugger said there are stations in
Tamarac that operate 24 hours. Commissioner Sultanof asked if BSO patrols in the
area and BSO Chief Dugger replied in the affirmative. Vice Mayor Roberts said she
had a problem with the station being open 24 hours. Mayor Schreiber opened the
public hearing. Marvin Seidel, 9645 N. Belfort, spoke in opposition to the 24 hour
proposal. With no one else wishing to speak, Mayor Schreiber closed the public
hearing. Commissioner Portner asked what type problems a 24 hour station has and
BSO Chief Dugger said petty larcenies, some disturbance calls and a few domestics.
On roll call Commissioner Flansbaum-Talabisco voted "no", Commissioner Partner
"yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts
"no". Motion carried.
RESOLUTION NO. R2003-174
July 9, 2003
9
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 8:50 p.m.
MARION SWENSON, CIVIC
CITY CLERK
JOE SCHREIBER, MAYOR
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July 9, 2003
10
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March 21, 2003
Mr. Bcctt Martin, IprO$id2rt
Martin Outdoor Media
3300 N. Surf Road
$cite 23
Follywood, Florida 33019
(Hand Delivered)
Cear Mr. Martin:
The 5regineeering Division has completed a comprehensive inspectior of the bus
benches installed throughout tFie: City of Hollywooe7 and found a signiftuant
n�rlibol;- of installations to be inconsistent with the City's requirements and
necessary standards for vehicle and pedestrian setety as provided in the
contract.
As stayed in the contImct, the following safetylwrivenience criteria shall be
applicatries to all bus bench installations within the City's Right -of -Way:
a. Unless Franchisee gains a prior written variance, ail benches shall be
instaNd parallel with they adjaoant roadway. After prim approval by the
Chy, placarnent of tenches at up to a thirty (30) degree angle w& the
roadway Ma_y be Considered for an individual site where personal safety
will not be affected. The City has not received any requests nor approved
for variance.
b. A minimum six (6) foot Setback from the edge 91 a drfvewgy shall b0
maintained. Additional safety standardG require a minimum 30" setback
from the face of Curb or G' from an adjacent non -curbed road @age.
e. A minimum throe (3) foot cidewatk clearance shaft be maintained.
d. Benches snatl riot be located within twenty-five (25) feet of the right-of-way
intarvection corrar, fire hydrant. fire or police call box or any other
emergenw facility.
e. VV4�d control under and immediately around the bench shall be
maintained by the Franchisee.
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March 21, a 003
Mr_ Martin
Page
f. Nbench si ail be pt"ad in the median of a divided :`tighway.
In addition, cs:s t*nches 111CI be :coated no more thatl ten (10) Peet away from
the bus VOP ar"d only ;,ne bench writ bC allowed a, each bus 9tbp, except at the
f.7ileyrrir,g 10C3tiOr,8. PLbliix at Young Circle, Greyhound ,tattoo at Young Circle,
441 & Washington St, 441 & Holly wood Svld., 441 & Tyler St., 441 & ,]ohnson St,
&-d Stirling Rd & Sarazen Dr-; at which locations two beYnches wN be petmitted,
excapt at the Young Cir(* Iocafts w",.ere five will be ,,)ermitted_ AISa, na bus
aoncn will be perrnittec at bt.'s shelter locations,
{r accorda :ce wit7 the contract provisions, please considar this letter as notice to
!.aka irnme(14t* steps to review every bus bench location within the City and
r~,are thte n4ce68ary corrections to refl*Ct the above noted requirements.
Required removals Vd relocations shall be accomplished at the earliest
,: ppor v nity b',fl no later than March 341, 2007, 6enncher not complying with
contract prcvi:s'tons after this date shall be r�mcved by the City. All casts
a.tend'vnt there*o shall be paid b), Martin Outdcor Med:a_ iutare Aolations. sh;atl
Le c�,nsidere d a breach of ountract pro4iscon anct subJect to appropriate actions,
;r,Qu.d you have ,any :questions. or desire further cic'JriliCBtlOnS Please do not
"�riitate to eantac't myself at (9-5&,%-921-3254. Thank you for your ceoperatior.
aid prompt aGsistar,ce in L*kls matter.
5,nceref�v, ��
Ari>✓l i-i Ci�trorl
Enc-
c Cameron D. Berson, City Manager
;Icharei Lemack, Assistant City Manager
Robeet Rawls, D'MCtor, Department of Suildl!rg & E-rtgineeHng See-jice~s
Jonathan Vogt, Gity Engineer