HomeMy WebLinkAbout2003-08-27 - City Commission Regular Meeting Minutes1
CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY AUGUST 27, 2003
CALL TO ORDER: Mayor Schreiber called the regular city commission meeting to
order at 9:00 a.m. on Wednesday, August 27, 2003 in Chambers at Tamarac City Hall,
7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward
C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L.
Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marin Swenson.
PLEDGE OF ALLEGIANCE LED BY: Mayor Joe Schreiber.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Schreiber of a proclamation proclaiming September 2003
as National Alcohol and Drug Addiction Recovery month. Human Resources Director
Swanson accepted.
b. Presentation by Mayor Schreiber of a proclamation proclaiming September 2003
as National Prostate Cancer Awareness month. Human Resources Director Swanson
accepted.
C. Presentation by Mayor Schreiber of a Certificate of Completion to Commissioner
Flansbaum-Talabisco for attendance at the Institute for Elected Municipal Officials and
completion of 18-hours of instruction. Commissioner Flansbaum-Talabisco accepted
d. Presentation by Mayor Schreiber of a proclamation proclaiming the week of
August 25-September 1, 2003 as Tamarac Fire Fighter Appreciation Week. Chief
Budzinski accepted and thanked everyone on behalf of the Tamarac firefighters. Chief
Budzinski acknowledged the firefighters present in the Chambers and Mayor Schreiber
said Tamarac has the best firefighters in the whole county and he is proud of them.
e. Presentation by Mayor Schreiber of Employee Service Awards:
5-year awards:
Marie Abbandando, Administrative Coordinator, Maria Aviles, Office Supervisor, Martha
Barrero, Firefighter 3, John Coates, Firefighter 3, Michael Cunningham, Firefighter 3,
Christopher Dixon, Firefighter 3, Matthew Fiebelkorn, Mechanic III, Claudio Grande,
Structural Inspector, Vincent Houslin, Parks and Recreation Crewleader, Jesse Lafleur,
August 27, 2003
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Maintenance Worker II, Robert Lazarou, Recreation Programmer II, William Lewis, Sr.
Engineering Construction Inspector, Avril Major, Accounting Clerk, Robert Martin,
Stormwater Supervisor, Janie Morris, Billing Representative, Whitney Neff, Executive
Assistant, Phillip Ponton, Wastewater Service Worker II, Lee Rowbotham, Project
Manager, Juan Ruiz, Streets Crewleader, William Staats, Wastewater Service Worker
II, William Sweginnis, Firefighter 4, and Thomas Vreeland, Street Supervisor.
10-year awards:
Marsha Kanterman, Senior Permit Clerk, and Charles Salvi, Building Maintenance
Technician.
15-year awards:
Ralph Colucci, Building Custodian Crewleader, Chet Jablonka, Maintenance
Supervisor, Anthony Spatola, Water Accountability Supervisor, and Phillip Yacobellis,
Utility Material Resource Coordinator.
20-year awards:
Anthony Bouchard, Wastewater Supervisor, Jerome Emerson, Firefighter 1, and John
Fletcher, Water Plant Lead Operator.
REPORTS
2. Clty_ Commission: Mayor Schreiber reported that it is nice to get away on
vacation, but it is also nice to return to work reenergized.
Commissioner Flansbaum-Talabisco said it is nice to be back from summer vacation
and wished Commissioner Portner a very happy birthday.
Commissioner Sultanof echoed Commissioner Fla nsbaum-Talabisco's sentiments to
Commissioner Portner, and said Tamarac continues to be the best city in Broward
County and the commission is doing a monumental job.
Mayor Schreiber wished Commissioner Portner a happy birthday.
Commissioner Portner thanked everyone for their good wishes and said the commission
does take a four -week vacation each year, but they still work during this time.
Commissioner Portner reported he attended the Florida League of Cities conference in
Orlando and has written a report on the conference, which is available for those who
wish to read it.
Vice Mayor Roberts wished a happy anniversary to all employees who received awards
this morning, and said the employees continue to do great work for the City. Vice
Mayor Roberts wished Commissioner Portner a happy birthday and reminded everyone
that school is in session and asked everyone to drive carefully. Vice Mayor Roberts
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thanked Lt. Friel for having radar in place in school zones, and added that she is still
collecting tennis balls for the school.
3. City Attorney: City Attorney Kraft wished Commissioner Portner a happy
birthday.
4. City Manager: City Manager Miller congratulated those employees who received
service awards this morning and said they are dedicated and loyal to the City. City
Manager Miller said the East Boynton Beach Little League Ball Team began their
competition in Tamarac this past July, and congratulated them on their achievement. A
congratulatory telegram will be sent to the team by Mayor Schreiber on behalf of the
City Commission, and we hope to have them here for an upcoming meeting to properly
recognize them. Special recognition and thank you goes to City employees who
donated 27 boxes of school supplies to Family Central. City Manager Miller said
Tamarac employees are the best. The campaign was organized and led by Special
Projects Coordinator Perron, and a special thanks goes out to Dave Cake and his wife,
Rose, who works for Pembroke Pines. Dave and Rose coordinated the donation of
supplies between the two cities. Congratulations go out to Chief Budzinski and
Assistant Fire Chief Forsberg for receiving Chief Fire Officer designation from the
International Association of Fire Chiefs. In order to be eligible for this recognition, they
had to excel in seven measured components including experience, education,
professional development, professional contributions, association membership,
community involvement and technical competency. Congratulations to Chief Budzinski
who was appointed Chair of the Life Safety Committee this past July. Parks and
Recreation reports that summer camp was a great success, with 350 campers enrolled
in the program. The Senior Luau that was held on July 18 was attended by 140 people,
and was enjoyed by all. The Tamarac Junior Orange Bowl Pageant will be held on
Saturday, October 4, 2003 at 7:00 p.m., and is open to all 11, 12 and 13 year old girls.
5. PUBLIC PARTICIPATION — There were no speakers.
Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved the
removal of item 6(w) from the agenda. AGREEMENT -- TELECOMMUNICATIONS
ANTENNA AND ASSOCIATED E UIPMENT: (TR10180) Executing a Site Lease
Agreement with AT&T Wireless Service of Florida 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.
On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco
"yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and Commissioner Portner
"yes". Motion carried.
Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved
removal of item 6(u) from the consent agenda for discussion. EXTERNAL AUDITOR
SERVICES: (TR10163) Executing an agreement between the City of Tamarac and
KPMG LLP, as the City's External Auditor for a three (3) year period beginning with the
fiscal year ending September 30, 2003, with an option to renew the contract in
August 27, 2003
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subsequent years at mutually acceptable terms by both parties. On roll call
Commissioner. Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Vice Mayor
Roberts "yes", Commissioner Portner "yes", and Commissioner Sultanof "yes". Motion
carried.
CONSENT AGENDA
6. Commissioner Portner seconded by Commissioner Sultanof moved approval of
all items on the consent agenda with the exception of Item 6(w) which was removed
from the agenda and Item 6(u) which was pulled from the consent agenda for
discussion. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes',
Commissioner Portner "yes", Commissioner Sultanof "yes", and Commissioner
Flansbaum-Talabisco "yes". Motion carried.
a. APPROVE the minutes of the July 9, 2003 regular Commission meeting.
APPROVED
b. WITHHOLDING BUILDING PERMITS PENDING PAYMENT OF IMPACT FEES:
(TR10199) Agreeing not to issue building permits for the construction, expansion,
and/or conversion of a building within a plat until such time as the developer
provides the City of Tamarac with written confirmation from Broward County that
the applicable impact fees have been paid or are not due; providing transmittal of
a copy of approved Resolution to the Broward County Board of County
Commissioners.
RESOLUTION NO. R2003-175
C. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — FIRST EAST
SIDE SAVINGS BANK: (TR10204) Executing a Blanket Public Safety
Ingress/Egress Easement with First East Side Savings Bank for the First East
Side Savings Bank Project, located at 9399 West Commercial Boulevard, to
provide proper access to the property for municipal services such as utility, canal,
fire and police protection, emergency and other public safety services;
authorizing and directing the City Clerk to record said document in the public
records of Broward County.
RESOLUTION NO. R2003-176
d. AMENDING TERMS OF EMPLOYMENT: (TR10191) Amending terms of
employment of the City Attorney.
RESOLUTION NO. R2003-177
e. WATER AND SEWER DEVELOPER'S AGREEMENT -- PRESTIGE
COMMONS: (TR10213) Executing a Water and Sewer Developer's Agreement
with Prestige Homes of Tamarac, Inc., for the Prestige Commons Project,
located on the southeast corner of Nob Hill Road and Southgate Boulevard,
requiring 54 ERC's for water and 54 ERC's for sewer; requiring the payment of
$172,800.00 in CIAC fees; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2003-178
f. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — GOLDCOAST
OFFICE BUILDING: (TR10201) Executing a Blanket Public Safety
Ingress/Egress Easement with Westpoint Goldcoast, Ltd., for the Goldcoast
August 27, 2003
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Office Building Project, located at 5600 Hiatus Road, to provide proper access to
the property for municipal services such as utility, canal, fire and police
protection, emergency and other public safety services; authorizing and directing
the City Clerk to record said document in the public records of Broward County.
RESOLUTION NO. R2003-179
g. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT -- ROYAL GOLF
CLUB TOWN HOMES: (TR10202) Executing a Blanket Public Safety
Ingress/Egress Easement with Royal Golf Club, L.L.C., for the Royal Golf Club
Town Homes Project located on the south side of Lagos De Campo Boulevard
just west of NW 84t" Terrace, to provide proper access to the property for
municipal services such as utility, canal, fire and police protection, emergency
and other public safety services; authorizing and directing the City Clerk to record
said document in the public records of Broward County.
RESOLUTION NO. R2003-180
h. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — SAFEGUARD
SELF STORAGE: (TR10203) Executing a Blanket Public Safety Ingress/Egress
Easement with Safeguard Properties, L.L.C., for the Safeguard Self -Storage
Project, located at 6101 West Commercial Boulevard, to provide proper access
to the property for municipal services such as utility, canal, fire and police
protection, emergency and other public safety services; authorizing and directing
the City Clerk to record said document in the public records of Broward County.
RESOLUTION NO. R2003-181
i. ASSESSMENT ROLL — NORTH SECTION 7 ASSESSMENT AREA:
(TR10184) Providing for authority; providing for definitions; approving the fifth
and final assessment roll for the North Section 7 Assessment Area; establishing
the lien associated therewith; directing that the assessment rolls be certified to
the Broward County Tax Collector.
RESOLUTION NO. R2003-182
j. VACATION OF EASEMENT — PARCEL "A" -- "SOUTHGATE AT NOB HILL
PLAT": (TR10200) Granting a Vacation of Easement of a twelve (12') foot wide
utility easement located fifteen (15) feet in from the east property line lying in
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. 11-P-03).
RESOLUTION NO. R2003-183
k. AMENDING STATE OF FLORIDA'S STATE HOUSING INITIATIVES
PARTNERSHIP SHIP PROGRAM BUDGET: (TR10210) Amending the State
of Florida's State Housing Initiatives Partnership (SHIP) Program budget of
estimated revenues and expenditures by amending the City of Tamarac's final
budget for Fiscal Year 2002/2003 in the amount of $18,053.00 to reflect the final
amount based upon the re -distribution of SHIP funds for a total allocation of
$577,910.00 to be utilized according to the City's Local Housing Assistance Plan
and Housing Delivery Goals Chart for Fiscal Year 2002/2003; appropriating said
funds, including any and all necessary budget transfers (Case No. 13-MI-03).
RESOLUTION NO. R2003-184
I. FY03-04 ALLOCATION — STATE OF FLORIDA'S STATE HOUSING
INITIATIVES PARTNERSHIP SHIP PROGRAM FUNDS: (TR10208)
Amending the State of Florida's State Housing Initiatives Partnership (SHIP)
August 27, 2003
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Program budget of estimated revenues and expenditures by accepting the Fiscal
Year 2003-2004 estimated allocation of (SHIP) Program funds in the amount of
$429,520.00 to be utilized according to the City's Local Housing Assistance Plan
and Housing Delivery Goals Chart; appropriating said funds, including any and all
necessary budget transfers (Case No. 12-MI-03).
RESOLUTION NO. R2003-185
M. RENEWAL AMENDMENT — AMERICAN HEART ASSOCIATION: (TR10209)
Executing a renewal amendment between the City of Tamarac and the American
Heart Association allowing Tamarac to be a Community Training Center for the
American Heart Association; renewing the prior agreement for a period of two (2)
years, beginning on September 1, 2003 through August 31, 2005.
RESOLUTION NO. R2003-186
n. PURCHASE OF FIRE RESCUE SUPPLIES: (TR10212) Purchasing medical
supplies and firefighting supplies from Broward County Fire Rescue Division
Logistics Warehouse during FY04, in an amount not to exceed eighty three
thousand dollars ($83,000.00); authorizing the appropriate City officials to
execute a liability waiver for the purchases.
RESOLUTION NO. R2003-187
o. AMENDMENT #1 TO AGREEMENT BETWEEN CITY OF TAMARAC AND
RONALD L. BOOK P.A. — LOBBYING SERVICES: (TR10226) Executing
Amendment #1 to the agreement between the City of Tamarac and Ronald L.
Book, P.A., for lobbying services.
RESOLUTION NO. R2003-188
P. AGREEMENT ADDENDUM -- WACKENHUT CORPORATION: (TR10216)
Executing an agreement addendum with the Wackenhut Corporation for security
services effective nunc pro tunc to August 5, 2003 through August 4, 2004
adopting by reference all terms and conditions of Broward County agreement for
RLI No. D090297RB; authorizing an expenditure in an amount not to exceed
$4,500 monthly.
RESOLUTION NO. R2003-189
q. AGREEMENT RENEWAL — ACTION LABOR OF FLORIDA LLC A/K/A
STAFFING CONNECTION): (TR10182) Exercising the first renewal option of
the agreement between the City of Tamarac and Action Labor of Florida, LLC
(a/k/a Staffing Connection) providing for school crossing guard services effective
October 1, 2003 through September 30, 2005.
RESOLUTION NO. R2003-190
r. TASK AUTHORIZATION — DESIGN, PERMITTING, AND BIDDING FOR
TAMARAC EAST WATER MAIN IMPROVEMENTS: (TR10211) Executing Task
Authorization No. 03-10E with Mathews Consulting, Inc., to provide professional
services for the design, permitting, and bidding for the Tamarac East Water Main
Improvements, in accordance with the City's Consulting Engineering Agreement
as authorized by Resolution #R-2001-185, for an amount not to exceed
$67,245.00; approving funding from the appropriate budgeted Utilities
Operational account; authorizing the appropriate City Officials to administer the
contract.
RESOLUTION NO. R2003-191
S. TAMARAC SEWER UTILITY EASEMENT -- WASTEWATER PUMP STATION
#4 FORCEMAIN: (TR10215) Executing a "Tamarac Utilities Sewer Utility
August 27, 2003
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Easement with Mainlands of Tamarac Section Eight Association, Inc., for the
Wastewater Pump Station 4 Forcemain Project, located at 5711 NW 67th
Avenue, to allow legal access by City Utility Personnel for installing, maintaining,
and operating the Sewage Collection System Improvements; authorizing and
directing the City Clerk to record said agreement in the public records of Broward
County.
RESOLUTION NO. R2003-192
t. RFP AWARD AND AGREEMENT — SECURITY ACCESS CONTROL SYSTEM:
(TR10177) Awarding RFP NO. 03-09R to and executing an agreement with
Security One, Incorporated for the replacement of proprietary components of the
security access control system; authorizing an expenditure in an amount not to
exceed $32,063.47.
RESOLUTION NO. R2003-193
U. EXTERNAL AUDITOR SERVICES: (TR10163) Executing an agreement
between the City of Tamarac and KPMG LLP, as the City's External Auditor for a
three (3) year period beginning with the fiscal year ending September 30, 2003,
with an option to renew the contract in subsequent years at mutually acceptable
terms by both parties.
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
V. INTERLOCAL AGREEMENT — PUBLIC TRANSPORTATION SERVICES:
(TR10218) Executing the Interlocal Agreement between the City of Tamarac and
Broward County for Public Transportation Services.
RESOLUTION NO. R2003-194
W. AGREEMENT — TELECOMMUNICATIONS ANTENNA AND ASSOCIATED
EQUIPMENT: (TR10180) Executing a Site Lease Agreement with AT&T
Wireless Service of Florida 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.
REMOVED FROM AGENDA
X. AGREEMENT — CITY HALL ROOF REPLACEMENT: (TR10225) Executing an
agreement with Specified Architectural Systems, Inc., a sole source distributor,
for the replacement of the translucent panel roof system at City Hall; authorizing
an expenditure not to exceed $316,583.30, which includes a contract price of
$287,803.00 and a project contingency of $28,780.30.
RESOLUTION NO. R2003-195
Y. AGREEMENT FOR RELEASE OF RESTRICTIVE COVENANT — CENTEX
HOMES: (TR10219) Executing an agreement entitled, "Agreement for Release
of Restrictive Covenant"; authorizing the execution of the "Release of Restrictive
Covenant' pursuant to the provisions of said agreement between the City of
Tamarac and Centex Homes, a Nevada General Partnership, in order to
accommodate the future development of the property generally located north of
NW 57th Street at NW 91st Avenue, specifically Parcel "P" of the "Lyons Industrial
Park" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 1 of
the Public Records of Broward County, Florida (Case No. 14-MI-03).
RESOLUTION NO. R2003-196
Z. CONTRACT RENEWAL — DR. ULIN: (TR10179) Executing an agreement
amendment with L. Scott Ulin Emergency Medical Services, Inc. f/k/a Medguard
August 27, 2003
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Services for EMS Medical Director Services for a two (2) year term, commencing
on October 1, 2003 and expiring September 30, 2005 in an amount not to exceed
Twenty Eight Thousand Dollars ($28,000.00) per year.
RESOLUTION NO. R2003-197
END OF CONSENT AGENDA
Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved
approval of Temporary Resolution 10163. Item 6(u). EXTERNAL AUDITOR
SERVICES: (TR10163) Executing an agreement between the City of Tamarac and
KPMG LLP, as the City's External Auditor for a three (3) year period beginning with the
fiscal year ending September 30, 2003, with an option to renew the contract in
subsequent years at mutually acceptable terms by both parties. On roll call Vice Mayor
Roberts voted "no", Commissioner Portner "no", Commissioner Sultanof "no",
Commissioner Flansbaum-Talabisco "no", and Mayor Schreiber "no". Motion failed.
REGULAR AGENDA
Commissioner Portner seconded by Commissioner Sultanof moved removal of Items 9
(Temporary Ordinance 2001) and 11 (Temporary Ordinance 2002) from the regular
agenda. Item 9. AMENDING CHAPTER 24 OF THE TAMARAC CODE —
"ZONING" ARTICLE III TABLES 1 AND 2 AND DIVISION 9 "RM-10 PLANNED
APARTMENT DISTRICT": (T02001) Motion to adopt Ordinance on .first reading
amending Chapter 24 entitled, "Zoning", Article III entitled, "District Regulations", Table
1 entitled, "Table of Miscellaneous Residential Zoning District Requirements", correcting
an error and changing the maximum building length from 350 feet to 400 feet, Table 2
entitled, "Table of Setback Lines in Residential Zoning Districts", reducing the distance
between the end walls of three story structures from thirty (30') feet to twenty (20') feet;
amending Chapter 24 entitled, "Zoning", Article III entitled, "District Regulations",
Division 9 entitled, "RM-10 Planned Apartment District"; Section 24-229 entitled,
"Special Approval for Plots with Multiple Structures or Principal Structures Exceeding
Permissible Length", reducing the minimum distance between buildings or wings of
buildings from thirty (30') feet to fifteen (15) feet, and reducing the minimum distance
between buildings end to end from thirty (30') feet to fifteen (16) feet (Case No. 10-Z-
03); providing for codification.
Item 11. AMENDING CHAPTER 24 OF THE TAMARAC CODE — "ZONING"
ARTICLE III DIVISION 1 DIVISION 10 11R-4A PLANNED APARTMENT DISTRICT":
(T02002) Motion to adopt Ordinance on first reading amending Chapter 24 of the
Code of Ordinances entitled, "Zoning", Article III "District Regulations", Division 10
entitled, "R-4A Planned Apartment District", Section 24-250 entitled, "Special
Exceptions for Plots with Multiple Structures or Principal Structures exceeding
Permissible Length", reducing the minimum distance between buildings or wings of
buildings from thirty (30') feet to fifteen (15') feet, and reducing the minimum distance
between buildings end to end from thirty (30') to fifteen (15') feet (Case No. 9-Z-03);
providing for codification. On roll call Vice Mayor Roberts voted "yes", Commissioner
August 27, 2003
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Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes",
and Mayor Schreiber "yes". Motion carried.
Commissioner Portner seconded by Vice Mayor Roberts moved the addition of
Temporary Resolution 10233 as Item 11(A) to the regular agenda. Item 11(A)
AGREEMENT FOR EXTERNAL AUDITOR: (TR10233) Motion to approve Resolution
authorizing the appropriate officials to execute an agreement between the City of
Tamarac and Grau & Company, P.A., as the City's external auditor for a three (3) year
period beginning with the fiscal year ending September 30, 2003, with an option to
renew the contract in subsequent years at mutually acceptable terms by both parties.
On roll call Commissioner Sultanof voted "yes", Commissioner Portner 'yes",
Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor
Roberts "yes". Motion carried.
ORDINANCES - FIRST READINGS
7. AMENDING CHAPTER 24 OF THE TAMARAC CODE — SECTIONS 24-71 e
AND : (T02016) Motion to adopt Ordinance on first reading,amending Chapter 24
of the City of Tamarac Code of Ordinances entitled "Zoning", Article II "Administration",
Division 3 "Planning Board", Section 24-71 entitled "Review and Consideration of
Variances and Appeals by Planning Board", by eliminating references to Board of
Adjustment; providing for codification. City Attorney Kraft read Temporary Ordinance
2016 on first reading by title. Commissioner Sultanof seconded by Commissioner
Flansbaum-Talabisco moved approval. On roll call Commissioner Portner voted "yes",
Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts
"yes", and Commissioner Sultanof "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 27, 2003
8. AMENDING CHAPTER 2 OF THE TAMARAC CODE -- ARTICLE III
CREATING DIVISION 14 ENTITLED "ECONOMIC DEVELOPMENT ADVISORY
COMMITTEE: (T02019) Motion to adopt Ordinance on first reading amending
Chapter 2 of the City of Tamarac Code of Ordinances entitled, "Administration", Article
III "Boards, Committees, Commissions", creating Division 14 entitled, "Economic
Development Advisory Committee", Sections 2-234.37 through 2-234.42 as provided
herein to serve in an advisory capacity in matters relating to economic development
within the City of Tamarac; providing for appointment of new board members and
providing for specified duties (Case No. 32-Z-03); providing for codification. City
Attorney Kraft read Temporary Ordinance 2019 on first reading by title. Vice Mayor
Roberts seconded by Commissioner Portner moved approval. On roll call Mayor
Schreiber voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes",
Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion
carried.
APPROVED ON FIRST READING AUGUST 27, 2003
August 27, 2003
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9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — "ZONING" ARTICLE
III TABLES 1 AND 2 AND DIVISION 9 "RM-10 PLANNED APARTMENT DISTRICT":
(T02001) Motion to adopt Ordinance on first reading amending Chapter 24 entitled,
"Zoning", Article III entitled, "District Regulations", Table 1 entitled, "Table of
Miscellaneous Residential Zoning District Requirements", correcting an error and
changing the maximum building length from 350 feet to 400 feet, Table 2 entitled,
"Table of Setback Lines in Residential Zoning Districts", reducing the distance between
the end walls of three story structures from thirty (30') feet to twenty (20') feet;
amending Chapter 24 entitled, "Zoning", Article III entitled, "District Regulations",
Division 9 entitled, "RM-10 Planned Apartment District"; Section 24-229 entitled,
"Special Approval for Plots with Multiple Structures or Principal Structures Exceeding
Permissible Length", reducing the minimum distance between buildings or wings of
buildings from thirty (30') feet to fifteen (15') feet, and reducing the minimum distance
between buildings end to end from thirty (30') feet to fifteen (15') feet (Case No. 10-Z-
03); providing for codification.
REMOVED FROM AGENDA
10. AMENDING CHAPTER 16 OF THE TAMARAC CODE —ARTICLE VIII POLICE
OFFICER PENSION PLAN: (T02021) Motion to adopt Ordinance on first reading
amending Chapter 16, Pensions and Retirement, Article VIII - Police Officer Pension
Plan; providing for a subsidy benefit of $220.00 per month for participants who retire on
or after 10/01/02; providing for codification. City Attorney Kraft read Temporary
Ordinance 2021, Revision No. 1, on first reading by title. Vice Mayor Roberts seconded
by Commissioner Portner moved approval. On roll call Commissioner Portner voted
"yes", Vice Mayor Roberts "yes", Commissioner F'lansbaum-Talabisco "yes", Mayor
Schreiber "yes", and Commissioner Sultanof "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 27, 2003
11. AMENDING CHAPTER 24 OF THE TAMARAC CODE — "ZONING" ARTICLE
III _DIVISION 1, DIVISION 10 "R-4A PLANNED „APARTMENT DISTRICT": (T02002)
Motion to adopt Ordinance on first reading amending Chapter 24 of the Code of
Ordinances entitled, "Zoning", Article III "District Regulations", Division 10 entitled, "R-
4A Planned Apartment District", Section 24-250 entitled, "Special Exceptions for Plots
with Multiple Structures or Principal Structures exceeding Permissible Length", reducing
the minimum distance between buildings or wings of buildings from thirty (30') feet to
fifteen (15') feet, and reducing the minimum distance between buildings end to end from
thirty (30') to fifteen (15') feet (Case No. 9-Z-03); providing for codification.
REMOVED FROM AGENDA
11(A). AGREEMENT FOR EXTERNAL AUDITOR: (TR10233) Motion to approve
Resolution authorizing the appropriate officials to execute an agreement between the
City of Tamarac and Grau & Company, P.A., as the City's external auditor for a three (3)
year period beginning with the fiscal year ending September 30, 2003, with an option to
renew the contract in subsequent years at mutually acceptable terms by both parties.
City Attorney Kraft read Temporary Resolution 10233 by title. Vice Mayor Roberts
seconded by Commissioner Sultanof moved approval. On roll call Commissioner
August 27, 2003
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Portner voted "yes", Commissioner Flansbaum-Talabisco "yes", Commissioner Sultanof
"yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2003-198
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
12. UTILITY RATES AND CHARGES: (TR10143) Motion to approve Resolution
increasing the water and wastewater service availability charges and consumption
rates. City Attorney Kraft read Temporary Resolution 10143 by title. Commissioner
Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor
Schreiber opened the public hearing and Evelyn Pauker, 7025 NW 105t Avenue, Isles
of Tamarac, spoke in favor of the refund of utility deposits and against the utility rate
increase. Ms. Pauker asked for clarification on how the deposits will be refunded and
Mayor Schreiber said customers will get a credit on their bill. With no one else wishing
to speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor Roberts
voted "no", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner
Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2003-199
ORDINANCES - SECOND READINGS
13. AMENDING SECTION 22-96 OF THE CODE_- ADDING REQUIREMENT FOR
AUTOMATIC ANNUAL ADJUSTMENTS TO WATER AND WASTEWATER RATES
AND CHARGES PURSUANT TO THE U.S. CPI: (T02011) Motion to adopt ordinance
on second reading amending Chapter 22 entitled, "Utilities", Article III entitled, "Rates
and Charges and Billing Procedure", Division 2 entitled, "City of Tamarac Utility",
Section 22-96, entitled, "Rates and Charges Applicable to City Utility", adding the
requirement for automatic annual adjustments to water and wastewater service
availability charges and consumption rates pursuant to the U.S. Consumer Price Index
for the period; providing for codification. City Attorney Kraft read Temporary Ordinance
2011, Revision No. 1, on second reading by title. Commissioner Portner seconded by
Commissioner Flansbaum-Talabisco moved approval. Commissioner Portner clarified
the fact that the CPI increase is not automatic, but must come before the Commission
each year at budget time. City Manager Miller confirmed that the increase is automatic
unless, during budget deliberations, the Commission decides to do something different.
Mayor Schreiber opened the public hearing and with no one wishing to speak, closed
the public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "no",
Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner
Flansbaum-Talabisco "yes". Motion carried.
ORDINANCE NO.0-2003-17
14. AMENDING SECTION 22-1.32 OF THE TAMARAC CODE -- RETURN OF
UTILITY CUSTOMER DEPOSITS: (T02014) Motion to adopt Ordinance on second
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
August 27, 2003
11
deposits for customers in good financial standing; providing for codification. City
Attorney Kraft read Temporary Ordinance 2014, Revision No. 1, on second reading by
title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved
approval. Commissioner Sultanof clarified the fact that refunds of utility deposits would
be made as a credit to the customer's bill, no checks would be mailed out. Mayor
Schreiber opened the public hearing, and with no one wishing to speak closed the
public hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes",
Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and
Vice Mayor Roberts "yes". Motion carried.
ORDINANCE NO. 0-2003-18
UASI-JUDICIAL HEARINGS
15. SPECIAL EXCEPTION — MOE'S SOUTHWEST GRILL: (TR10189) Motion to
approve Resolution granting a Special Exception to permit the sale and on -site
consumption of alcoholic beverages in a B-3 (General Business District) zoning
category for Moe's Southwest Grill, located at 2400 West Commercial Boulevard,
specifically Parcel "S" of the "Tamarac Lakes South" Plat, according to the Plat thereof
as recorded in Plat Book 62, Page 24 of the Public Records of Broward County, Florida
(Case No. 26-Z-03); providing for conditions of approval. City Attorney Kraft read
Temporary Resolution 10189 by title. Commissioner Portner seconded by
Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial
procedures and Jason Heidgerken waived his quasi-judicial rights. Community
Development Director King gave a presentation. Mayor Schreiber asked if the special
exception was for just beer and wine or all alcoholic beverages. Community
Development Director King said a condition of approval could be added for beer and
wine only if the commission desired, and Mayor Schreiber said he would like the
restriction to be for beer and wine only. Commissioner Sultanof agreed. Vice Mayor
Roberts questioned whether patrons would be able to purchase beer and wine at the
drive -through, and Community Development Director King said that under our code off -
site consumption of alcoholic beverages did not have to pass before the Commission.
Commissioner Portner questioned the wording in the staff memorandum regarding "of
age customers", and Community Development Director King said the wording is in
accordance with the State of Florida. Mr. Heidgerken clarified that a patron using the
takeout window will not be offered alcoholic beverages; they are only for consumption
on the premises. Mayor Schreiber suggested adding a condition of approval to the
resolution indicating there would be no off -premises sales of alcoholic beverages, and
Community Development Director King said a third condition of approval would be
added to Temporary Resolution 10189 which says the applicant is restricted to on -
premises sale of beer and wine only. Mayor Schreiber opened the public hearing and
with no one wishing to speak, closed the public hearing. On roll call Commissioner
Portner voted "yes", Vice Mayor Roberts "yes", Commissioner Flansbaum-Talabisco
"yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried.
RESOLUTION NO. R2003-200
16. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN —
"MCNAB PLAZA" PLAT: (TR10190) Motion to approve Resolution issuing Revised
August 27, 2003
12
Development Order No. 289.1 and granting Major Revised Site Plan approval to allow
the demolition of the existing Texaco Station building and the construction of a new
13,013 square foot CVS Pharmacy building with associated parking and landscaping
improvements, including a Parking Waiver request for five (5) spaces to allow a total of
fifty-one (51) spaces and four (4) handicapped spaces when a total of sixty (60) spaces
are required per the City of Tamarac Code of Ordinances, located at 6900 North
University Drive in the University Commons Shopping Plaza, 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. 11-SP-03); providing for
conditions of approval. City Attorney Kraft read Temporary Resolution 10190, Revision
No. 1, by title. Commissioner Portner seconded by Commissioner Sultanof moved
approval. City Attorney Kraft explained the quasi-judicial procedures and Bruce Weiner,
owner and Greg Siefker, of Cedarwood Development, Inc., waived their quasi-judicial
rights. Community Development Director King gave a presentation. Commissioner
Sultanof asked about concurrency, and said he is concerned about traffic generated by
the drive through. Community Development Director King replied that the applicant
provided a traffic study for the existing and proposed uses, and the study showed that
there will be 153 fewer trips generated by this facility. Commissioner Sultanof asked
about the existing wall and Mr. Weiner said the wall would be removed. Commissioner
Portner asked if the property is environmentally safe, since the existing use contained
underground gas tanks, and Community Development Director King said all
environmental issues have been resolved. Commissioner Portner questioned the
entrances to the shopping center, and Community Development Director King
responded that all three entrances currently going into the gas station would be closed.
Mayor Schreiber opened the public hearing. Evelyn Pauker, 7025 NW 105th Avenue,
Isles of Tamarac, spoke about traffic problems in the area. Commissioner Portner
asked what the hours of operation would be for the CVS Drug Store and Mr. Siefker
said 9:00 a.m — 9:00 p.m. If the need arose, the hours would be changed to
accommodate shoppers. With no one else wishing to speak, Mayor Schreiber closed
the public hearing. Commissioner Sultanof asked about the hours for the pharmacy,
and Mr. Siefker said they are the same as the store. 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. R2003-201
17. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN —
"MCNAB COMMERCIAL SUBDIVISION NO. 1" PLAT: (TR10197) Motion to approve
Resolution issuing Revised Development Order No. 316.1 and granting Major Revised
Site Plan approval for Alazhar School to allow the construction of a 3,000 square foot
building consisting of school labs, a multi -purpose room, new restrooms and a teacher
planning area and a canopy, located at 7201 West McNab Road, specifically Lots 1 and
2, Block V of the "McNab Commercial Subdivision No. 1" Plat, according to the Plat
thereof as recorded in Plat Book 71, Page 13 of the Public Records of Broward County,
Florida (Case No. 13-SP-03); providing for conditions of approval. City Attorney Kraft
read Temporary Resolution 10197 by title. Commissioner Portner seconded by
Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the
quasi-judicial procedures and Salah Elroweny, Innovations Group, and Alaa Elhalagy,
Owner, waived their quasi-judicial rights. Community Development Director King gave
August 27, 2003
13
a presentation. Commissioner Portner asked about the lab and Commissioner Portner
and Mayor Schreiber expressed concern about security measures. Mr. Elhalagy said it
is a science lab and the school follows the guidelines of the public school system.
Commissioner Sultanof said the school is a credit to the system. Mayor Schreiber
asked if the facilities are open to inspection by state and county officials, and Mr.
Elhalagy said the school has an open book policy; however, the public school system
does not inspect the school, but they have been invited to visit the school. Mayor
Schreiber opened the public hearing and with no one wishing to speak, 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. R2003-202
18. AMENDING PRIOR ZONING — "FORT LAUDERDALE TRUCK FARMS
SUBDIVISION" PLAT: (T02017) Motion to adopt Ordinance on first reading -amending
prior zoning of certain real estate property (aka: Fort Lauderdale Truck Farms
Subdivision Plat) from B-2 (Community Business District) to R-4A (Planned Apartment
Residential District) lands commonly known as a portion of Tract 15 of the "Fort
Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in
Plat Book 4, Page 31 of the Public Records of Broward County, Florida, located at the
northwest corner of NW 57th Street and NW 79t" Avenue (Case No. 28-Z-03); providing
for amendment of the official zoning map to reflect such change. City Attorney Kraft
read Temporary Ordinance 2017 on first reading by title. Commissioner Sultanof
seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft
explained the quasi-judicial procedures, and Attorney Gerald L. Knight waived his quasi-
judicial rights on behalf of the applicant. Community Development Director King gave a
presentation. Vice Mayor Roberts questioned whether this would fit in with the Main
Street concept and Community Development Director King said it would, plus United
Homes has been asked not to proceed until confirmation from DCA that the Land Use
Plan is approved and the Main Street feasibility study completed. Then the City will
work with United Homes on a plan that will benefit Main Street. Mayor Schreiber
opened the public hearing. Curt Rosenfeld, 8511 NW 57 Court, spoke about his
concerns with traffic. With no one else wishing to speak, Mayor Schreiber closed the
public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes",
Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner
Flansbaum-Talabisco "yes". Motion carried.
APPROVED ON FIRST READING AUGUST 27, 2003
19. DELEGATION REQUEST TO AMEND NOTE ON "SOUTHGATE AT NOB HILL
PLAT" — CHANGE FROM COMMERCIAL TO RESIDENTIAL USE: (TR10205) Motion
to approve Resolution approving a Delegation Request to amend the note on the
"Southgate at Nob Hill Plat" which currently restricts the property to 65,000 square feet
of commercial use to reflect the future development of fifty-three (53) residential town
home units on the subject property, 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, located at the southeast corner of Nob
Hill Road and Southgate Boulevard (Case No. 13-P-03).
August 27, 2003
14
20. DELEGATION REQUEST TO AMEND NOTE ON "SOUTHGATE AT NOB HILL
PLAT';--- TURN LANE AND SIGNALIZATION: (TR10206) Motion to approve
Resolution approving a Delegation Request to amend the note on the plat to modify the
Broward County turn lane requirements by reducing the turn lane at entrance from 150
foot storage and 100 foot transition to 125 foot storage and 50 foot transition; substitute
payment and agreement with Broward County for construction of turn lane on Nob Hill
Road at Southgate Boulevard; delete conduit relocation; and delete signalization
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. 12-P-03).
City Attorney Kraft said numbers 19 and 20 on the agenda are companion items and
could be heard together with separate motions.
City Attorney Kraft read Temporary Resolution 10205 by title. Commissioner Portner
seconded by Commissioner Sultanof moved approval.
City Attorney Kraft read Temporary Resolution 10206 by title. Commissioner Sultanof
seconded by Commissioner Portner moved approval.
City Attorney Kraft explained the quasi-judicial procedures and Jay Huebner, Carnahan
Proctor Cross, waived his quasi-judicial rights for Items 19 and 20 on behalf of Prestige
Homes. Community Development Director King gave a presentation on items 19 and
20. There was discussion regarding the developer being asked by the County to make
a cash contribution rather than install the turn lane improvements at Nob Hill and
Southgate.Vice Mayor Roberts said she had been fighting for over a year for a turn
signal at the corner of Nob Hill and Southgate and was concerned that the County might
not come through with the turn signal. Community Development Director King said he
has not seen any of the county's plans but will continue to monitor the situation. Mr.
Huebner said the turn signal is not the issue, but the County was going to add two left
turn lanes on Southgate for traffic coming south on Nob Hill. Commissioner Sultanof
asked how this would affect the Southgate Linear Park and Community Development
Director King said there should be no affect to Southgate Linear Park. Commissioner
Sultanof asked that Community Development Director King monitor the County closely,
and Commissioner Portner agreed. Mayor Schreiber opened the public hearing and
with no one wishing to speak on either item, closed the public hearing.
Temporary Resolution No. 10205, on roll call Commissioner Flansbaum-Talabisco
voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner
Sultanof "yes", and Vice Mayor Roberts "no". Motion carried.
RESOLUTION NO. R2003-203
Temporary Resolution No. 10206, 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. R2003-204
August 27, 2003
15
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS I
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the regular meeting at 10:35 a.m.
MARION SWENSON, CIVIC
CITY CLERK
August 27, 2003
16
JOE SCHREIBER
MAYOR
1