HomeMy WebLinkAbout2007-08-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY AUGUST 22, 2007
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 9:00 a.m. in Chambers at Tamarac City Hall, 7525 NW 88
Avenue, Tamarac, FL.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof,
Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, and Commissioner
Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Commissioner Portner led the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation, by Mayor Flansbaum-Talabisco, of a proclamation proclaiming
September 2007 as "National Alcohol and Drug Addiction Recovery Month" in the City
of Tamarac. (Requested by Mayor Flansbaum-Talabisco)
b. Presentation, by Mayor Flansbaum-Talabisco, of a proclamation proclaiming
August 2007 as "Tamarac Firefighter Appreciation Month". (Requested by Rebecca
Kruse, MDA Regional Public Affairs Coordinator)
C. Presentation, by Mayor Flansbaum-Talabisco, of a proclamation, proclaiming
August 26, 2007 as "Women's Equality Day". (Requested by Joan Hinden) Ms. Hinden
accepted and invited everyone to attend Women's Coalition Day at the Coconut Creek
Library.
d. Presentation, by Mayor Flansbaum-Talabisco, of Employee Service Awards:
5-year Awards: Justo Acosta, Groundskeeper I, Parks & Recreation, Manuel Ajuria,
Firefighter Paramedic, Fire Rescue, Michael Lynch, Groundskeeper I, Public Works,
and Stephen McLaughlin, Firefighter Paramedic, Fire Rescue
15-year Award: Rodney Sims, Superintendent, Public Works
20-year Award: Richard Lorenz, Maintenance Superintendent, Utilities
RFPORTS
2. City Commission: Vice Mayor Sultanof acknowledged his Legislative Aide,
Hubert Klombers. Vice Mayor Sultanof expressed concern about a 'letter to the editor'
from a resident, and said it would have been better to communicate directly to the
Mayor and City Commission by phone or e-mail. Vice Mayor Sultanof said he answers
every phone call he gets, and spoke about residents speaking or writing about items
without having correct information. Vice Mayor Sultanof said his intent in calling the
August 22, 2007
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author of the letter was to clarify the actions of the Mayor and City Commission
regarding thoughtful and planned growth for the City of Tamarac, and added he would
rather members of the Commission not apologize for his comments and actions, as he
can answer for himself.
Commissioner Portner said the Mayor and City Commission worked through their one
month hiatus, and asked that any complaints from the residents and citizens be brought
to the Mayor and City Commission in person. It is a wonderful privilege to write a letter
to a newspaper, but untruths hurt and he is in agreement with Vice Mayor Sultanof.
Commissioner Portner apologized to Vice Mayor Sultanof for calling the resident and
apologizing on the Vice Mayor's behalf.
Commissioner Atkins -Grad said she was very busy during the Commission's hiatus.
The Kiwanis Club held a luau to celebrate receipt of their charter. Commissioner
Atkins -Grad met with presidents of several homeowner associations in her district and
the associations have many things in common. Commissioner Atkins -Grad accepted,
on behalf of Mayor Flansbaum-Talabisco, a plaque from SHINE, and attended the
Swearing -In Ceremony for Chief Duguay. Commissioner Atkins -Grad also attended the
National Night Out Community event as well as a Town Hall meeting at Kings Point,
where Congressman Wexler, Senator Ring, Representative Porth and Governor Crist
were also in attendance. Commissioner Atkins -Grad attended a League of Cities
function and a Sister City function, as well as a National League of Cities meeting in
Orlando. Yesterday, Commissioner Atkins -Grad attended the groundbreaking
ceremony for Southgate Linear Park. Tamarac continues to grow and move forward in
spite of budget cuts.
Commissioner Dressler said he attended the Florida League of Cities function in
Orlando, and he serves on the Home Rule Administrative Committee. Home Rule
issues continue to be challenging on the local level. At the Florida League of Cities
meeting, he attended, along with Commissioner Atkins -Grad and Mayor Flansbaum-
Talabisco, an educational session on MPO's. Commissioner Dressler said he is liaison
to the BSO District 7 Council, which is comprised of people throughout the City, and at
the last meeting he made a presentation regarding city emergency services. Staff puts
forth a great effort educating people about our emergency services, but many people do
not realize how prepared the City is should an emergency arise. With regard to Vice
Mayor Sultanof s comments, Commissioner Dressler said he understands that feelings
get hurt, but this is the price we must pay as public officials. Anybody can say what
they want, even if they are misinformed or have faulty information, but the hard thing is
we are not used to people attacking us in the press, on blogs, through a -mails and
letters, on issues that we are doing our best to rectify. Under the constitution of the
United States people can say anything they want even if they lack knowledge of the
subject or are misinformed, as long as it does not rise to slander or libel. Commissioner
Dressler said he encourages participation in the local democratic process, and residents
and citizens can feel free to call or come in to City Hall. We must maintain our
intellectual honesty and sense of humor in the face of those who have lost their sense
of how they would contribute to the common good.
August 22, 2007
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Vice Mayor Sultanof said the MPO is a federal agency funded by the federal
government.
Mayor Flansbaum-Talabisco said when the Mayor and City Commission take a hiatus it
only means there are no formal workshop or commission meetings scheduled during
that time; the rest of our schedules are kept as we see fit. This has been a challenging
summer for many mayors around the country, and Mayor Flansbaum-Talabisco
extended heartfelt condolences to the Mayors of Minneapolis, Huntington, Pompano,
Sheriff Ken Jenne, and to the Mayor of Newark for the tragedies that occurred over the
summer. Hurricane Dean came and went, and on behalf of the Mayor and City
Commission, Mayor Flansbaum-Talabisco said but for the grace of God goes our City
and residents. Mayor Flansbaum-Talabisco said the Mayor and City Commission
recognize the mantle they carry as public officials for all those before us. The tax
reform issue is a challenge, but the Commission and staff are up to it and are doing
everything we can to address the issues. We will hold two public hearings and a special
Town Hall meeting to address these issues. Mayor Flansbaum-Talabisco attended a
meeting yesterday where identity theft awareness was addressed and she has
information she would like staff to duplicate so the Mayor and City Commission can
distribute it throughout the districts in Tamarac. Mayor Flansbaum-Talabisco asked City
Manager Miller and City Attorney Goren to address the issue of streamlining and better
defining the legal and operational affairs regarding workshop agendas, in particular, that
items discussed are placed on the agenda; although from time to time an emergency
item may come forward for discussion.
3. City Attorney: City Attorney Goren reported the Cable law was adopted and is
known as Chapter 2007-29 "Cable Law". It extracts the right of the City to franchise
Cable TV and we are currently working to notify Comcast. Complaints and related
activities are still coming to City Hall; however, these types of calls should be routed to
Tallahassee, but we do not yet have a number to call. There have been inquiries over
the summer regarding door to door solicitation, which the City wants to better regulate.
Local residents can affix `no soliciting' stickers to their doors, which may repel those
invading one's private residence. We are working with BSO on this. We will follow the
new quasi-judicial ordinance today, and it is very similar to the way we have handled
quasi-judicial items in the past. Commissioner Dressler confirmed affected parties have
been notified, and affected parties may give testimony while attorneys may not. Vice
Mayor Sultanof spoke about no soliciting signs placed outside some communities.
Commissioner Portner questioned solicitation as it relates to campaigning and City
Attorney Goren responded if there is a no solicitation sign on the door, campaigning
may be unwanted. If it is a gated community or condominium association, they do not
want people in the community without permission, and the campaigner may need to
look more deeply at the rules of that particular association.
4. City Manager: City Manager Miller reported the City will host the first
Tamarac/West Broward Business Expo at the Tamarac Community Center on August
29th from 5:30 p.m. — 8:00 p.m. It is free to the public. Parks and Recreation reports
over 200 people attended the Family Summer Splash on August 18th at Caporella
Aquatic Center. Yesterday, the City hosted the groundbreaking for Southgate Linear
Park. Everyone is invited to the first Dive -In Movie at Caporella Aquatic Center on
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September 15th. Utilities reports receipt of funding from the SFWMD in the amount of
$42,000 for FY08 for the Water Saving Incentive Program. Community Development
received the first allotment of 2008 funds in the amount of $79,000, and also received
another check for disaster relief efforts as a result of Hurricane Wilma in the amount of
$563,000 from the Federal Government.
Mayor Flansbaum-Talabisco recognized representatives of state officials in the
audience.
5. Patti Lynn, 6411 NW 58 Street, Tamarac, spoke against budget cuts and
discussed several items on the consent agenda where she felt monies should not be
spent.
Joe Schreiber, 10504 E Clairmont, Tamarac, spoke against budget cuts and discussed
several items on the consent agenda where he felt monies should not be spent, and
questioned the possible use of investment funds held by the City.
Judy Margolis, 4704 Queen Palm Lane, Tamarac, spoke of communication, and spoke
against car allowances for city staff, Main Street, the purchase of the Chevron Station,
and reduced services.
Vice Mayor Sultanof said many people in Tallahassee have never managed a budget,
and he responded to concerns raised during public participation and explained that
many of the projects are being built with grant funding. With regard to the Jewish
Center, the City can not provide services without making a plan to buy land, which will
benefit the City in the future.
Commissioner Dressler thanked everyone for speaking during the public hearing portion
of the meeting and confirmed that a proposed budget is a recommendation from staff to
the City Commission; multiple workshops were held and two public hearings will be held
in order for residents to provide additional feedback. Commissioner Dressler confirmed
agenda items are available in the City Clerk's office, a 10% across the board cut was
part of the first draft of the budget, and the budget is a multiple year document.
Commissioner Dressler spoke of the City's credit rating which determines the cost at
which the City can borrow money, and confirmed reserves are available for emergency
situations. City Attorney Goren said Tamarac is legally compliant with the obligations
imposed by the legislature this past session. Commissioner Dressler invited people to
come to the commission workshops, where items are discussed at length; we have to
forecast over a period of five years. Items on the consent agenda are investments in
the City consistent with our vision statement and strategic plan. The Sterling process
brings us to a higher quality of services at a lower cost; this is an investment in our
future and increases efficiency with regard to managing people and how they manage
their jobs.
Commissioner Portner said the most important thing this Commission does is to pass
the budget. Those who were at Monday's workshop meeting know his concerns; he
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asked for a Town Hall meeting in order for the public to air their concerns and
suggestions, which will be held on September 5th or 6t , in Chambers.
CONSENT AGENDA
6. Mayor Flansbaum-Talabisco asked that Item 6(q) be pulled from the consent
agenda for discussion.
Commissioner Portner seconded by Commissioner Atkins -Grad moved approval of all
items on the consent agenda except for 6(q) which was removed for discussion. On roll
call Commissioner Portner voted "yes", Commissioner Atkins -Grad "yes", Vice Mayor
Sultanof "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes".
Motion carried.
a. APPROVE the minutes of the July 11, 2007 Regular City Commission meeting.
APPROVED
b. AGREEMENT RENEWAL WITH DUNBAR ARMORED INC. FOR ARMORED
CAR SERVICES: (TR11252) Exercising the renewal option to the existing agreement to
provide armored car services between the City of Tamarac and Dunbar Armored Inc. for
a period of two years commencing on November 12, 2007 and ending on November 11,
2009, at a unit cost of $308.00 per month per pick-up location.
RESOLUTION NO. R2007-114
C. WATER AND SEWER DEVELOPER'S AGREEMENT — SABAL PALM NORTH
PROJECT: (TR11243) Executing a Water and Sewer Developer's Agreement with
Prestige Homes of Tamarac, Inc., for the Sabal Palm North Project, located at the
Northwest corner of the Florida Turnpike and Commercial Blvd., requiring 322 ERC's for
water and 322 ERC's for sewer; requiring the payment of $1,255,800.00 in CIAC fees;
authorizing and directing the City Clerk to record said agreement in the public records of
Broward County.
RESOLUTION NO. R2007-115
d. APPOINTING A CHAIRPERSON TO THE SOCIAL SERVICES BOARD:
(TR11245) Appointing a chairperson to the Social Services Board.
RESOLUTION NO. R2007-116
e. APPOINTING A CHAIRPERSON TO THE INSURANCE ADVISORY BOARD:
(TR11246) Appointing a chairperson to the Insurance Advisory Board.
RESOLUTION NO. R2007-117
f. APPOINTING A CHAIRPERSON TO THE INVESTMENT ADVISORY
COMMITTEE: (TR11247) Appointing a chairperson to the Investment Advisory
Committee.
RESOLUTION NO. R2007-118
g. APPOINTING A CHAIRPERSON TO THE PUBLIC INFORMATION
COMMITTEE: (TR11248) Appointing a chairperson to the Public Information
Committee.
RESOLUTION NO. R2007-119
h. APPOINTING A CHAIRPERSON TO THE PARKS AND RECREATION
BOARD: (TR11249) Appointing a chairperson to the Parks and Recreation Board.
RESOLUTION NO. R2007-120
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i. AGREEMENT WITH MACMILLAN OIL COMPANY FOR CITYWIDE
GASOLINE: (TR11250) Executing an Agreement between the City of Tamarac and
MacMillan Oil Company, Inc. for the purchase of gasoline utilizing the City of Plantation
Agreement dated September 9, 2007 through September 8, 2008; authorizing purchase
of gasoline in the quantities needed based on the oil price information service price
index cost at the time of delivery; authorizing budget amendments for proper accounting
purposes.
RESOLUTION NO. R2007-121
j. AMENDMENT #1 TO AGREEMENT BETWEEN CITY OF TAMARAC AND
PHILIP CENTONZE FOR PROVISION OF ORGANIZATIONAL AND MANAGEMENT
DEVELOPMENT CONSULTING SERVICES: (TR11253) Executing Amendment #1 to
the Agreement between the City of Tamarac and Philip Centonze for the provision of
Organizational and Management Development Consulting Services extending the
Agreement for an additional one year period at cost not to exceed $75,000.
RESOLUTION NO. R2007-122
k. REQUEST FOR IN -KIND SUPPORT AND WAIVER OF ALL FEES — TASTE OF
TAMARAC EVENT: (TR11254) Approving requests from the Tamarac Chamber of
Commerce for in -kind support and to waive all fees for the Taste of Tamarac event to be
held at the Tamarac Community Center on Saturday, October 27, 2007, from 12:00
p.m. to 3:00 p.m.; providing for proper insurance and execution of hold harmless
agreement.
RESOLUTION NO. R2007-123
I. INTERLOCAL AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD
COUNTY FOR IMPLEMENTATION OF ANNEXATION OF BONIELLO GARDENS:
(TR11256) Approving the Interlocal Agreement between the City of Tamarac and
Broward County to provide for the implementation of the annexation of Boniello
Gardens into the City of Tamarac; authorizing the appropriate City officials to do all
things necessary to effectuate the intent of this Resolution.
RESOLUTION NO. R2007-124
M. RELEASE OF RESTRICTIVE COVENANTS — SABAL PALM ASSOCIATES
LTD. (TR11257) Approving a request of Sabal Palm Associates, Ltd. for a release of
restrictive covenants in order to modify restrictions imposed as a result of plat approval;
authorizing the appropriate City officials to accept and execute a declaration of
covenants, conditions, and restrictions with Sabal Palm Associates, Ltd. for the Sabal
Palm Project, authorizing and directing the applicant to record said document in the
public records of Broward County, Florida and submit all copies of said document to the
City Clerk of the City of Tamarac, Florida; providing for conditions of approval.
RESOLUTION NO. R2007-125
n. AWARDING RFP 07-23R — OCCUPATIONAL HEALTH AND SAFETY
CONSULTING SERVICES: (TR11258) Awarding Request For Proposal (RFP) 07-23R,
"Occupational Health & Safety Consultant" to and executing an agreement with
Environment, Safety and Health, LC for Occupational Health and Safety Consulting
Services in an amount not to exceed $88,375 through November, 2008, authorizing the
City Manager to approve expenditures for these services.
RESOLUTION NO. R2007-126
o. CHANGE ORDER — SOUTHGATE LINEAR PARK PROJECT: (TR11260)
Executing Change Order No. 3 to the contract with DiPompeo Construction Corporation,
for the additional cost and time incurred as a result of increasing the quantity of
August 22, 2007
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embankment volume necessary to complete the Southgate Linear Park Project;
authorizing an additional expenditure in the amount not to exceed $69,993.00
RESOLUTION NO. R2007-127
p. AGREEMENT WITH MAINLANDS SECTION 4 HOMEOWNERS
ASSOCIATION — INSTALLATION OF IRRIGATION STRUCTURE ON CITY RIGHT-
OF-WAY: (TR11268) Executing a Right -Of -Way Maintenance Agreement with
Mainlands Sec. Four Civic and Recreation Association, Inc. to construct and maintain a
privacy wall around an existing pump station upon right-of-way owned by the City,
located at 4630 NW 46th Street; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2007-128
q. LAND ACQUISITION — TAMARAC JEWISH CENTER: (TR11255) Executing an
Agreement for exchange of real properties between Tamarac Jewish Center, Inc. and
the City of Tamarac for the City to acquire certain real property for the expansion of
future economic development interests of the City of 4.5+/- acres of improved land
currently owned by Tamarac Jewish Center, Inc. in exchange for the City's conveyance
to Tamarac Jewish Center, Inc. of 2.59+/- acres of vacant land currently owned by the
City; providing for findings and conclusions pursuant to Section 166.021 F.S. regarding
economic development.
PULLED FROM CONSENT AGENDA FOR DISCUSSION
r. MAIN STREET (PHASE 1) ASSESSMENT AREA: (TR11262) Relating to certain
Capital Improvements; describing the real property to be located within the proposed
Main Street (Phase 1) assessment area; determining that such real property will be
specially benefited by the capital improvements; establishing the method of assessing
the project costs of the capital improvements against the real property that will be
specially benefited thereby; establishing other terms and conditions of the assessments;
establishing a public hearing to consider imposition of the proposed assessments and
the method of their collection; directing the provision of notice in connection therewith.
RESOLUTION NO. R2007-129
S. PROFESSIONAL SERVICES CONTRACT — GOVERNMENT SERVICES
GROUP, INC. (GSGL (TR11263) Awarding a Professional Services Contract for an
amount of $37,500, plus applicable costs for statutorily required first class notices, to a
joint venture of Government Services Group, Inc. and Nabors, Giblin and Nickerson,
P.A. (NG&N) for Phase Two of the Main Street Assessment Program; authorizing
budget amendments for proper accounting purposes.
RESOLUTION NO. R2007-130
t. AGREEMENT WITH TENEX ENTERPRISES, INC. — TAMARAC COURTYARD
COVERED PEDESTRIAN WALKWAY PROJECT: (TR11251) Awarding RFP #06-26R
and executing an agreement with Tenex Enterprises, Inc. for the design/build of the
Tamarac Courtyard Covered Pedestrian Walkway Project in an amount not to exceed
$470,170.30 from the appropriate accounts; authorizing budget amendments as needed
for proper accounting purposes.
RESOLUTION NO. R2007-131
q. LAND ACQUISITION — TAMARAC JEWISH CENTER: (TR11255) Executing an
Agreement for exchange of real properties between Tamarac Jewish Center, Inc. and
the City of Tamarac for the City to acquire certain real property for the expansion of
future economic development interests of the City of 4.5+/- acres of improved land
currently owned by Tamarac Jewish Center, Inc. in exchange for the City's conveyance
August 22, 2007
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to Tamarac Jewish Center, Inc. of 2.59+/- acres of vacant land currently owned by the
City; providing for findings and conclusions pursuant to Section 166.021 F.S. regarding
economic development. Interim Public Information Officer/Economic Development
Officer Berns, Attorney Craig Eakin, representing the City of Tamarac, and Attorney Jeff
Eisensmith, representing the Tamarac Jewish Center appeared. Interim Public
Information Officer/Economic Development Officer Berns gave a presentation and
Commissioner Dressler confirmed this is not a stand alone transaction, and the land will
become part of the Main Street Project, which is consistent with the Strategic Plan.
Mayor Flansbaum-Talabisco said this was discussed at length at Monday's workshop
and she is in support of this transaction, and the board of the congregation also
supports this transaction. Vice Mayor Sultanof questioned the cost of the land per
square foot and Attorney Eakin explained we are looking at two different properties; one
is a vacant property that was appraised at $16.00 per sq. ft.; the temple property has a
similar value with the inclusion of $1 million in improvements which must be considered.
It is difficult to compare improved property and vacant property. Vice Mayor Sultanof
confirmed land on what will become Main Street is going for much more, and spoke of a
land acquisition on Nob Hill Road, wherein of the 10 acres, four acres are set aside for
resale at a later date. Attorney Eakin added purchasing land when one can is
advantageous for control of the Main Street Project and for future economic
development. City Manager Miller said this purchase is the lynch stone, and the most
important thing we can do as a government to get this project moving. The real estate
market will turn; we have seen a turn in the commercial market already. City Attorney
Goren explained this is a real estate transaction irrespective of who the parties are. The
City is in compliance with Chapter 166, regarding acquisition of property and spending
public money as statutorily prescribed. Commissioner Portner seconded by
Commissioner Dressler moved approval of Temporary Resolution 11255. On roll call
Commissioner Portner voted "yes", Commissioner Atkins -Grad "yes", Vice Mayor
Sultanof "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes".
Motion carried.
RESOLUTION NO. R2007-132
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES — FIRST READINGS
There were no ordinances scheduled for first reading.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
7. CDBG ANNUAL ACTION PLAN — 8T" PROGRAM YEAR: (TR11213) Motion to
approve Resolution approving the projects recommended for inclusion in the Fiscal
Year 2007 Annual Action Plan for expenditure of the U.S. Housing and Urban
Development Community Development Block Grant funds estimated to be $434,054 for
the Eighth Program Year (Case No. 05-MI-07). City Attorney Goren read Temporary
Resolution 11213 by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad
moved approval. Community Development Director Bramley gave a presentation.
August 22, 2007
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Mayor Flansbaum-Talabisco opened the public hearing, and with no one wishing to
speak, closed the public hearing. On roll call Commissioner Dressler voted "yes",
Mayor Flansbaum-Talabisco "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -
Grad "yes", and Commissioner Portner "yes". Motion carried.
RESOLUTION NO. R2007-133
ORDINANCES — SECOND READINGS
There were no Ordinances scheduled for second reading.
QUASI-JUDICIAL HEARINGS
8. DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN — WALGREEN'S
PHARMACY: (TR11225) Motion to approve Resolution issuing Development Order No.
305.1 and granting Major Revised Site Plan approval for Walgreen's Pharmacy to allow
for the construction of a 14,820 square foot Walgreen's Pharmacy with a double lane
drive-thru, along with a Parking Waiver to reduce the number of required parking
spaces from seventy-five (75) to fifty-one (51) and to allow 33 parking spaces at 9' by
18' with associated landscaping, and infrastructure improvements for a parcel of land
located at the southeast corner of Commercial Boulevard and State Road 7/US 441,
and authorizing the appropriate city officials to accept and execute a Blanket Public
Safety Ingress/Egress easement with FPIP XIV, LLC for the Walgreen's Pharmacy..
Project, authorizing and directing the city clerk to record said agreement in the Public
Records of Broward County, Florida (Case No. 15-SP-06); providing for conditions of
approval. TABLED FROM THE JUNE 27, 2007 MEETING. City Attorney Goren read
Temporary Resolution 11225 by title. Commissioner Portner seconded by Vice Mayor
Sultanof moved approval. City Attorney Goren explained this hearing is being
conducted pursuant to the quasi-judicial ordinance. City Attorney Goren explained the
quasi-judicial process and asked affected members of the public to stand and be
recognized. Rich Magner, Applicant, waived his quasi-judicial rights. City Clerk
Swenson swore in the applicant and staff. Community Development Director Bramley
gave a presentation. Commissioner Portner thanked the applicant for working with staff
and expressed his pleasure with the look of the building and the proposed landscaping.
Mayor Flansbaum-Talabisco questioned the fact that wherever a CVS is built, a
Walgreens is built close by, and Mr. Magner said this is done all over the country; the
prescription business is very big and it is a friendly competition. Mayor Flansbaum-
Talabisco asked whether Walgreens will have a public telephone outside the building,
as there are issues involved with public phones and Mr. Magner said there will not be a
public phone. City Attorney Goren asked the applicant if he would confirm the
conditions set forth by staff and Mr. Magner said all staff recommendations are
approved. Mayor Flansbaum-Talabisco opened the public hearing and with no one
wishing to speak, closed the public hearing. On roll call Commissioner Atkins -Grad
voted "yes", Vice Mayor Sultanof "yes", Commissioner Dressler "yes", Mayor
Flansbaum-Talabisco "yes", and Commissioner Portner "yes". Motion carried.
RESOLUTION NO. R2007-134
END OFQUASI-JUDICIAL HEARINGS
August 22, 2007
Page 9 of 10
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the regular meeting of the City Commission at 11:13
a.m.
Marion Swenson, CMC
City Clerk
:-K I I IA W to I I In.• • •
August 22, 2007
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