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HomeMy WebLinkAbout2007-10-24 - City Commission Regular Meeting Minutes1 CITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, OCTOBER 24, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, October 24, 2007 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, Assistant City Attorney Julie Klahr, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Flansbaum-Talabisco asked everyone to keep in mind what is going on in California and to pray for all those affected, and said today is the two-year anniversary of Hurricane Wilma. Mayor Flansbaum-Talabisco led the pledge of allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming October 24, 2007 as Florida Student Government Day. (Requested by City Manager Miller) b. Presentation by Mayor Flansbaum-Talabisco of a proclamation declaring October 27, 2007 as "Make a Difference Day". (Requested by Marcia Bullard, President, CEO and Editor USA Weekend Magazine and Michelle Nunn, Chief Executive Officer Points of Light Foundation) C. Presentation by Mayor Flansbaum-Talabisco of a proclamation congratulating and commending Dr. John L. Krause on his 90th Birthday. (Requested by Vice Mayor Marc L. Sultanof) Vice Mayor Sultanof read the proclamation into the record and Dr. Krause accepted. d. Presentation by Mayor Flansbaum-Talabisco of Employee Service Awards: 5-year Awards: Karen Greene, Budget Technician, Financial Services; Gary Jones, Director of Building; James Nicotra, Senior Procurement Specialist, Financial Services; and Margarita Pacheco, Senior Customer Service Rep/Cashier, Parks & Recreation 10-year Awards: Kay Reinert, Training Specialist, Human Resources and Michael Rybak, Engineering Technician, Utilities 30-year Award: David Viele, Inspector/Plans Examiner, Fire Rescue Fire Chief Budzinski said David Viele will leave a legacy behind; he has served as Inspector/Plans Examiner since 1981. October 24, 2007 Page 1 of 10 REPORTS Mayor Flansbaum-Talabisco moved out of the regular order of business on the agenda to take up Item 4 on the agenda, City Manager's Report. City Manager Miller read a statement into the record, (a copy of which is attached hereto and incorporated herein as part of these minutes.) Mayor Flansbaum-Talabisco moved back to the regular order of business on the agenda to take up Item 2, City Commission reports. 2. City Commission: Mayor Flansbaum-Talabisco spoke of correspondence she received from the U.S. Conference of Mayors informing her that the Senate approved an amendment to provide $110 million in COPS hiring grants for FY2008. On October 19th from 10:00 a.m. — 12:00 noon, Althea Ellis held a Broward County Transit Seminar at the Tamarac Community Center to discuss the TOPS Program. Last week was `School Lunch Week' and Mayor Flansbaum-Talabisco had lunch at all three Tamarac schools; each school serves about 1,000 meals per day. Yesterday, Mayor Flansbaum-Talabisco, Commissioners Atkins -Grad and Dressler attended a Red Ribbon Celebration at Challenger Elementary School — My Life, My Choice, Drug Free. The J P Taravella High School Trojan Marching Band is the Grand Champion of the Treasure Coast Marching Festival. Clarck Louizor, Engineering Technician in Public Works is holding an art exhibition through the month of October at the Tamarac Community Center. Mayor Flansbaum-Talabisco attended the Kings Point Palace Theatre on Sunday, where the `New World School of Arts' performed. Close to 1,000 were in attendance. Two weeks ago Mayor Flansbaum-Talabisco was co-chair of the Ft. Lauderdale Breast Cancer Fund Raiser; the nation's largest fund raiser of this kind. The event was held at Las Olas with 3,500 walkers in attendance. Saturday evening Mayor Flansbaum-Talabisco attended the first gala and fund raiser for the Florida Special Arts Center, which was held at the Tamarac Community Center. The City received two awards and the video "A True Lesson in Humanity" bridges the gap between general and special populations and focuses on abilities rather than disabilities. Mayor Flansbaum-Talabisco asked that the statement she made at the October 16, 2007 special meeting be made part of the record. (Attached hereto and incorporated herein as part of these minutes.) Commissioner Portner said he is proud of City Manager Miller's statement regarding the special district taxing and he was happy the tax was removed. Commissioner Atkins -Grad spoke of the event Saturday evening with the Florida Special Needs Color Guard and said it truly was a lesson in humanity. One year ago this group performed at the Macy's Thanksgiving Day Parade. Commissioner Atkins -Grad handed City Clerk Swenson a CD which she hoped everyone would have a chance to view. Commissioner Atkins -Grad said she is proud of Tamarac and there are many wonderful events going on in the City. Vice -Mayor Sultanof spoke of free speech and blogs that appeared on the internet. Vice Mayor Sultanof said this is your local government and all are welcome to voice their opinion, and he has done the best job he knows how. Vice Mayor Sultanof said he answers 10-12 phone calls a day from his home and from the office. October 24, 2007 Page 2 of 10 Commissioner Dressler said Saturday evening's event with the Color Guard was a memorable and uplifting experience, and applauded the documentary. Tamarac is described in the documentary as a City with a heart. As representative to the Florida League of Cities Fiscal Stewardship Committee, he received information regarding the budgetary issue impact on local government. The property tax Bill passed the House and there are bad feelings between the House and Senate over broken promises. 3. City Attorney Assistant City Attorney Klahr had no report. PUBLIC PARTICIPATION 5. Joe Schreiber, 10504 E Clairmont Circle questioned Item 60) on the consent agenda, in particular, how much the City would pay the contractor, spoke against the Main Street assessment, and spoke in favor of using monies in the investment funds, spoke in opposition to the recent lay-offs, and the Temple land purchase. Commissioner Dressler registered an objection to Former Mayor Schreiber's remarks regarding laid off employees. Community Development Director Bramley explained the bid price for Item 6(j) is $900 per unit but we do not know at this time how many people will qualify for the program. Vice Mayor Sultanof spoke about previous votes taken with regard to Main Street, and certain funds that are not available for this use. Commissioner Dressler asked Assistant City Attorney Klahr to explain the current ordinance with regard to abusive and disruptive behavior and the consequences; Assistant City Attorney Klahr responded the Chair is the leader of the meeting and has control of the discussions; to the extent anybody becomes disruptive the Chair can direct that individual to cease and desist. If these instructions are not followed, the Chair can request assistance from BSO to walk that person out of the Chambers. Commissioner Portner said everybody can have opposing opinions, and spoke of passion when people speak on certain matters. Commissioner Portner said he did not believe people should be limited to three minutes. Commissioner Dressler spoke of the difference between a three -minute time limit for people in the audience to speak and disrupting a meeting by being argumentative. City Manager Miller said it is true the investment portfolio contains $83.5 million, and of that amount, $21 million is restricted for bonded projects and debt service; $43 million is designated for various funds through the budget process, and the remaining $17 million is money the City needs to run operations through the end of the calendar year before new revenues are collected. Mayor Flansbaum-Talabisco explained her responsibility as Chair of the meetings and added she has always been flexible about the three minutes, but not about personal attacks. Mayor Flansbaum-Talabisco said while she respects Commissioner Portner's passion, she does not agree with his abandonment of rules and regulations. Commissioner Dressler spoke of personal involvement with the ALF as it pertains to his mother having resided there prior to being moved to a nursing home where she received hospice care. Commissioner Dressler also spoke of the fact that the Main Street issue had nothing to do with the ALF, but was rather a political issue. Commissioner Portner said he is happy the Mayor and City Commission rescinded their action with regard to Main Street, and appreciated what the City Manager said this morning. Tamarac does not wish to put people out of business. Commissioner Atkins - Grad rhetorically questioned who should pay the tax. Mayor Flansbaum-Talabisco referenced an article wherein she felt Commissioner Portner's comments were hurtful to the Mayor and City Commission. October 24, 2007 Page 3 of 10 Patti Lynn, 6411 NW 58 Street, spoke in opposition to the Main Street Project and discussed the building slump in South Florida. Ms. Lynn suggested looking toward the State Road 7 corridor for mixed use development. The following people spoke in favor of the Main Street Project: Don Fallenbaum, 8581 W McNab Road, CPA in the City of Tamarac, former Chamber of Commerce Chair, and member of the Tamarac Economic Development Foundation, Suzanne Chesser, 8471 W Commercial Boulevard, Chairperson to the Tamarac Economic Development Foundation and local Insurance Agent and Realtor, and Keith Koenig, President/Owner of City Furniture. Judy Margolis, 4704, Queen Palm Lane, spoke in opposition to the tone of the commission meetings and questioned Item 6(I) on the consent agenda, due to the fact that she had heard the homes would not be built. Ms. Margolis spoke in opposition to Main Street. Community Development Director Bramley said she is not aware of a change in the development plans for Sabal Palm and Monterey. CONSENT AGENDA 6. Commissioner Portner seconded by Commissioner Atkins -Grad moved the addition of Temporary Resolution 11315 to the consent agenda as Item 6(p). Temporary Resolution 11315, authorizing the appropriate City officials to execute an Addendum to the Agreement for Exchange of Real Properties to extend the due diligence period for the real estate exchange contract previously approved between Tamarac Jewish Center, Inc. and the City of Tamarac for the exchange of 4.5+/- acres of improved land currently owned by Tamarac Jewish Center, Inc. for the City's conveyance to Tamarac Jewish Center, Inc. of 2.59+/- acres of vacant land currently owned by the City for the expansion of future economic development interests of the City. On roll call Mayor Flansbaum-Talabisco voted "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", Commissioner Portner "yes", and Commissioner Dressler "yes". Motion carried. Mayor Flansbaum-Talabisco asked to have Item 6(g) removed from the consent agenda for discussion. Commissioner Dressler seconded by Vice Mayor Sultanof moved approval of all items on the consent agenda with the exception of Item 6(g) which was removed for discussion. On roll call Vice Mayor Sultanof voted "yes", Commissioner Atkins -Grad "yes", Commissioner Portner "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVE the minutes of the October 10, 2007 Regular City Commission meeting. APPROVED b. AMENDMENT TO MEMORANDUM _ OF UNDERSTANDING ("MOU" )_ _ — HOME FUNDING PROGRAM FOR FY2003/2004: (TR11293) Approving an amendment to the Memorandum of Understanding ("MOU") between Broward County and the City of Tamarac to provide for a one year extension for the administration of the HOME Funding Program for Fiscal Year 2003/2004 (Case No. 14-MI-06). RESOLUTION NO. R2007-163 C. AMENDMENT TO MEMORANDUM OF UNDERSTANDING "MOU" — HOME FUNDING PROGRAM FOR FY2004/2005: (TR11294) Approving an amendment to the October 24, 2007 Page 4 of 10 Memorandum of Understanding ("MOU") between Broward County and the City of Tamarac to provide for a one year extension for the administration of the HOME Funding Program for Fiscal Year 2004/2005 (Case No. 15-MI-06). RESOLUTION NO. R2007-164 d. AGREEMENT AMENDMENT #1 — SWIMMING POOL MANAGEMENT SERVICES FOR CAPORELLA AQUATIC CENTER: (TR11299) Executing Agreement Amendment #1 between the City of Tamarac and Jeff Ellis Management, LLC, exercising the option to renew the agreement to provide swimming pool management services for the Caporella Aquatic Center, at a cost of $567,339.72, for a two-year period; approving funding from the appropriate account. RESOLUTION NO. R2007-165 e. QUIT CLAIM DEEDS TO CONVEY FEE SIMPLE INTEREST OF SUBJECT PROPERTIES TO THE PREVIOUS OWNERS: (TR11302) Finding properties received by the City as a result of County Quit -Claim Deeds pursuant to Section 197.592(3), Florida Statutes, to be of nominal value; finding that the risk of liability as a result of owning certain properties far outweighs the nominal value of same; authorizing the City Attorney's Office to prepare Quit Claim Deeds and convey fee simple interest of subject properties to the previous owners; authorizing the appropriate city officials to take all steps necessary to effectuate the intent of this resolution; providing for an effective date. RESOLUTION NO. R2007-166 f. RENEWAL OF BASIC LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT COVERAGE: (TR11304) Renewing the Basic Life Insurance and Accidental Death & Dismemberment Coverage with Metropolitan Life Insurance Company effective January 1, 2008; providing for premium rate changes; providing for the continuation of the existing cost allocation of the Basic Life Insurance and Accidental Death & Dismemberment Insurance premium between the City and employees. RESOLUTION NO. R2007-167 g. REPLACEMENT OF OBSOLETE PERSONAL COMPUTERS AND PRINTERS: (TR11300) Purchasing new systems to replace obsolete personal computers and printers utilizing State of Florida Contract #250-000-03-1; authorizing an expenditure in an amount not to exceed $85,000. REMOVED FOR DISCUSSION h. RENEWAL OF THE CITY'S DENTAL INSURANCE: (TR11305) Renewing the City's Dental Insurance program with Aetna Life Insurance Company effective January 1, 2008 at the present rate the City pays; providing for the continuation of the existing cost allocation of the Dental Insurance premium between the City and employees. RESOLUTION NO. R2007-168 i. AGREEMENT BETWEEN SOUTHEAST UNDERGROUND UTILITIES CORP. AND BROWARD COUNTY FOR 94T" AVENUE TURN LANE PROJECT: (TR11261) Executing an Agreement with Southeast Underground Utilities Corp., for the relocation of the traffic signal system and school zone signalization system located at the north east corner of Commercial Boulevard and N.W. 94t" Avenue, utilizing the agreement between Broward County and Southeast Underground Utilities Corp., for an amount not to exceed $84,752.00; authorizing budget amendments as needed for proper accounting purposes RESOLUTION NO. R2007-169 j. AWARDING BID NO. 07-22B - REHABILITATION WORK SPECIFICATIONS UNDER THE DISASTER RECOVERY INITIATIVE PROGRAM: (TR11295) Awarding Bid No. 07-22B entitled "Specification Preparation for Single & Multi -Unit Dwelling Rehab, under the Disaster October 24, 2007 Page 5 of 10 Recovery Initiative Program" and accepting and executing an agreement with Robert M. Heron, Specialty Builders, Inc. for a period commencing the date of execution through December 31, 2009. RESOLUTION NO. R2007-170 k. FLU SHOTS: (TR11296) Executing a hold harmless agreement between the City of Tamarac and University Hospital & Medical Center relating to University Hospital & Medical Center donating and administering five hundred (500) free flu shots to Tamarac residents and City employees at the Tamarac Community Center on October 30, 2007, RESOLUTION NO. R2007-171 I. WATER AND SEWER DEVELOPER'S AGREEMENT — SABAL PALM SOUTH PROJECT: (TR11301) Executing a Water and Sewer Developer's Agreement with Prestige Homes of Tamarac, Inc., for the Sabal Palm South Project, located on the Southwest corner of the Florida Turnpike and Commercial Boulevard, requiring 175 ERC's for water and 175 ERC's for sewer; requiring the payment of $682,500.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2007-172 m. FIRST AMENDMENT TO THE WEST POINT DEVELOPMENT AGREEMENT: (TR11308) Granting a First Amendment to the West Point Development Agreement to allow for an increase in building height from fifty feet to sixty three feet for office, industrial/warehouse, and commercial structures located in the West Point Centre located south of McNab Road, west of Nob Hill Road, and north of Commercial Boulevard; (Case No. 13-MI-07). RESOLUTION NO. R2007-173 n. FEE WAIVER EXTENSION OF HOURS OF OPERATION, AND SALE OF ALCOHOLIC BEVERAGES -- SAINT MALACHY CATHOLIC CHURCH CARNIVAL: (TR11309) Granting a waiver of fees in the amount of $1,485.25 and extending the hours of operation to 11:00 p.m. on Thursday, November 8, 2007, and to 11:00 p.m. on Friday, November 9, 2007, and Saturday, November 10, 2007, and approving the sale of alcoholic beverages for the Saint Malachy Catholic Church carnival, located at the northeast corner of NW 615t Street and University Drive, during the operation of the Saint Malachy Catholic Church annual carnival beginning Thursday, November 8, 2007 and ending Sunday, November 11, 2007 (Case No. 18-MI-07); providing for conditions of approval. RESOLUTION NO. R2007-174 o. RENEWAL OF HEALTH INSURANCE PROGRAM: (TR11307) Renewing the coverage for the City's Health Insurance Program with Aetna, Inc. for the plan year effective January 1, 2008; providing for premium rates changes; providing for the continuation of the current cost allocation of the health insurance premium between the city and employees; providing for a waiver reimbursement maximum. RESOLUTION NO. R2007-175 P. ADDENDUM TO THE AGREEMENT FOR EXCHANGE OF REAL PROPERTIES — TAMARAC JEWISH CENTER INC.: (TR11315) Authorizing the appropriate City officials to execute an Addendum to the Agreement for Exchange of Real Properties to extend the due diligence period for the real estate exchange contract previously approved between Tamarac Jewish Center, Inc. and the City of Tamarac for the exchange of 4.5+/- acres of improved land currently owned by Tamarac Jewish Center, Inc. for the City's conveyance to Tamarac Jewish Center, Inc. of 2.59+/- acres of vacant land currently owned by the City for the expansion of future economic development interests of the City. RESOLUTION NO. R2007-176 October 24, 2007 Page 6 of 10 L g. REPLACEMENT OF OBSOLETE PERSONAL COMPUTERS AND PRINTERS: (TR11300) Purchasing new systems to replace obsolete personal computers and printers utilizing State of Florida Contract #250-000-03-1; authorizing an expenditure in an amount not to exceed $85,000. Assistant City Attorney Klahr read Temporary Resolution 11300 by title. Vice Mayor Sultanof seconded by Commissioner Dressler moved approval. Mayor Flansbaum-Talabisco said in the past we have reached out to the local schools to see if they had a need for our surplus computers and she would like that to happen this year. City Manager Miller said he would follow up with the local schools. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Portner "yes", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes", and Vice Mayor Sultanof "yes". Motion carried. RESOLUTION NO. R2007-177 REGULAR AGENDA ORDINANCE — FIRST READING PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 7. ADOPTING THE EVALUATION AND APPRAISAL REPORT(EAR)..-BASED AMENDMENTS: (TO2151) Motion to adopt Ordinance on first reading adopting the Evaluation and Appraisal Report (EAR) based amendments for the City of Tamarac 1998 Comprehensive Plan; stating the intent of the Mayor and City Commission of the City of Tamarac to amend the City's 1998 Comprehensive Plan in accordance with the recommendations contained in the EAR Report to the Department of Community Affairs in accordance with Florida Statutes (Case No. 17-MI-07). Assistant City Attorney Klahr read Temporary Ordinance 2151 on first reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. Community Development Director Bramley gave a presentation. Commissioner Portner questioned acreage of the parks/1,000 residents and Community Development Director Bramley explained we currently exceed the level of service at 5 acres/1,000. Mayor Flansbaum-Talabisco questioned the significance of the December 2009 date and Community Development Director Bramley explained this date gives us a period of time to get our initiatives under way. Mayor Flansbaum-Talabisco asked how we incorporate our green initiative into this and Community Development Director Bramley explained the comprehensive plan requires that we review our landscape ordinances and recommend changes; the green initiative dovetails with this plan. Vice Mayor Sultanof confirmed the purchase of the Chevron Station would add to our park land and spoke of the $2 million in grant funding that is set aside for this. Mayor Flansbaum-Talabisco opened the public hearing. Patti Lynn, 6411 NW 58 Street asked if the Chevron Station and Linear Park are included in the acreage being considered and if the potential grant monies have been received. City Manager Miller explained Southgate Linear Park is part of the projection; the Chevron Station is still in negotiations but the County has reserved $2 million and we are waiting for closure on that property. With no one else wishing to speak, Mayor Flansbaum- Talabisco closed the public hearing. 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. ADOPTED ON FIRST READING OCTOBER 24, 2007 October 24, 2007 Page 7 of 10 ORDINANCES — SECOND READINGS 8. AMENDING CHAPTER 2 OF THE TAMARAC CODE ENTITLED "COMPREHENSIVE PROCEDURES FOR CITY COMMISSION MEETINGS"• (T02150) Motion to adopt Ordinance on second reading amending Chapter 2 of the City's code of ordinances, entitled "Administration", specifically amending Article II, entitled "City Commission", by creating Section 2-34, to be entitled "Comprehensive Procedures for City Commission Meetings"; providing for procedures for City Commission Meetings; providing for definitions; providing for an agenda procedure; providing for notice; providing for an order of business; providing rules for the conducting of business; providing a procedure for Commission action; providing for voting procedures; providing a process for Commissioners to add items to the City Commission agenda; providing for penalties and enforcement; providing for codification; providing for conflicts; providing for severability; providing for an effective date. Assistant City Attorney Klahr read Temporary Ordinance 2150 on second reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. City Manager Miller left the room at 10:50 a.m. and returned at 10:55 a.m. 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" with the proviso that the rules and regulations are guidelines and can be changed. Motion carried. ADOPTED ON FIRST READING SEPTEMBER 26, 2007 ADOPTED ON SECOND READING OCTOBER 24, 2007 ORDINANCE NO. 0-2007-18 9. AMENDING CHAPTER 14 OF THE TAMARAC CODE CREATING SECTION 14-40 "IMPOSITION OF SURCHARGE FOR VIOLATION OF PARKING ORDINANCES": (T02149) Motion to adopt Ordinance on second reading amending Chapter 14 of the City of Tamarac Code of Ordinances, entitled "Motor Vehicles and Traffic", by specifically amending Article II, entitled "Stopping, Standing and Parking", by creating Section 14-40, to be entitled "Imposition of Surcharge for Violation of Parking Ordinances"; providing for the imposition of a surcharge for parking violations to help fund school crossing guards in the city. Assistant City Attorney Klahr read Temporary Ordinance 2149 on second reading by title. Commissioner Dressler seconded by Vice Mayor Sultanof moved approval. Mayor Flansbaum-Talabisco opened the public hearing. Former Mayor Joe Schreiber, 10504 E Clairmont Circle spoke in opposition to the surcharge. Mayor Flansbaum-Talabisco said the money will go toward the school crossing guards and based on information from the City Attorney we can only raise the fee $1.00. With no one wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. On roll call Vice Mayor Sultanof voted "yes", Commissioner Dressier "yes", Commissioner Portner "no", Commissioner Atkins -Grad "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 10, 2007 ADOPTED ON SECOND READING OCTOBER 24, 2007 ORDINANCE NO. 0-2007-19 QUASI-JUDICIAL HEARINGS 10. AMENDING PRIOR ZONING — HAMPTON INN & SUITES: (T02146) Motion to adopt Ordinance on first reading amending prior zoning of certain real estate property otherwise October 24, 2007 Page 8 of 10 known as Hampton Inn & Suites from LI-1 (Light Industry) to B-3 (General Business District), located in the Tamarac Commerce Park on the north side of Commercial Boulevard, west of Madison Avenue (Case No. 5-Z-07); providing for Amendment of the Official Zoning Map to reflect such change. Assistant City Attorney Klahr said Items 10 and 11 are quasi-judicial proceedings and would be heard together with separate motions and votes on each item. Assistant City Attorney Klahr read Item 10, Temporary Ordinance 2146 on first reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. Assistant City Attorney Klahr read Item 11, Temporary Resolution 11285 by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. Commissioner Partner seconded by Vice Mayor Sultanof moved to table Items 10 and 11 to the November 14, 2007 commission meeting. Rick Deresz, Regional VP Real Estate OTO Development and Commissioner Dressler objected to the delay in the quasi-judicial hearing. Commissioner Partner rescinded his motion to table. Mayor Flansbaum-Talabisco called for a recess at 11:05 a.m. and reconvened the Commission meeting at 11:28 a.m. with all present as before. Assistant City Attorney Klahr explained the quasi-judicial procedures and City Clerk Swenson swore in all those who wished to speak on these items, including applicant and staff. Assistant City Attorney Klahr said any documents, photographs or other evidence will be made part of the permanent record. Community Development Director Bramley gave a presentation on items 10 and 11. Commissioner Portner questioned any conflict between the Hampton Inn on Commercial and 441 and the new Hampton Inn. Lucas Carlo, P.E., Designated Agent for the property owner and Rick Deresz, Regional VP Real Estate OTO Development, said there would be no conflict. Commissioner Portner asked how the hotel would be marketed and Mr. Deresz said a sales team does the marketing. Commissioner Partner questioned the ability to have a larger meeting room and Mr. Deresz and Peter Gray, Project Manager said there are barriers in the building that prevent construction of a larger meeting room. Commissioner Partner questioned whether there would be a fitness room and the size of the parking spaces. Mr. Gray said there would be a fitness room and Community Development Director Bramley said the parking spaces are 9' x 18'. Vice Mayor Sultanof welcomed the business to Tamarac. Commissioner Atkins -Grad asked about signage on the Sawgrass and Mr. Deresz said the company has a sign consultant who said the signs on the building would suffice. Commissioner Atkins -Grad said it is an inviting building and will do well. Commissioner Dressier welcomed the hotel to the City. City Manager Miller said he had a chance to meet the gentlemen previously and we have worked with the chain for two years. City Manager Miller congratulated Public Affairs and Economic Development Officer Berns and the engineering staff, as well as Community Development Director Bramley for a great project and added this will be a wonderful addition to Tamarac Commerce Park, and he looks forward to the ribbon cutting. Mr. Deresz said it has been a pleasure working with the staff. Assistant City Attorney Klahr asked the applicant if they would like to make a presentation. Mayor Flansbaum-Talabisco questioned the service of alcohol at the hotel and when ground would be broken. Mr. Deresz said there are vending machines for sodas and hopefully groundbreaking would be the first of January and construction will take about 12 months. Mayor Flansbaum-Talabisco said she is excited about the project and looks forward to the ribbon cutting. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. October 24, 2007 Page 9 of 10 On roll call for Item 10, Commissioner Dressler voted "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", Commissioner Portner "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 24, 2007 11. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — HAMPTON INN & SUITES: (TR11285) Motion to approve Resolution issuing Revised Development Order No. 295.2 and granting New Development Site Plan approval for Hampton Inn & Suites to allow for the construction of a five (5) story one -hundred thirteen (113) room hotel with associated pool and parking, along with a parking waiver to reduce the number of parking spaces to 114 in lieu of the required 141 parking spaces, located in the Tamarac Commerce Park on the North side of Commercial Boulevard, West of Madison Avenue, specifically a portion of Tract "B" and a portion of Tract "C of the "Westpoint Section 7 Plat", according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida; (Case No. 17-SP-07); providing for conditions of approval. On roll call for Item 11, Vice Mayor Sultanof voted "yes", Commissioner Atkins -Grad "yes", Commissioner Dressler "yes", Commissioner Portner "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2007-178 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS Commissioner Portner thanked Mayor Flansbaum-Talabisco for allowing him time to review the site plan, and added as long as he sits on this Commission he will never deny anyone the right to table a matter to a time certain. 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 11:55 a.m. Marion Swenson, CMC City Clerk October 24, 2007 Page 10 of 10 1 GOOD MORNING MAYOR AND COMMISSION FOR THE RECORD, I AM JEFF MILLER, CITY MANAGER, AND I WOULD LIKE TO READ THE FOLLOWING STATEMENT: TAMARAC HAS LONG ENVISIONED A MAINSTREET ALONG NW 57T" STREET AS A WAY TO SIGNIFICANTLY INCREASE THE VALUE OF THIS AREA, THUS HAVING A POSITIVE ECONOMIC IMPACT ON OUR CITY. MAINSTREET HAS BEEN IN THE PLANNING STAGES FOR NEARLY EIGHT (8) YEARS, AND HAS BEEN A PART OF OUR STRATEGIC PLAN FOR THE LAST FIVE. A FEASIBILITY STUDY WAS PREPARED, AND THE PROJECT WAS FOUND TO BE ECONOMICALLY VIABLE. IT HAS BEEN DISCUSSED AT A NUMBER OF CITY COMMISSION RETREATS, AND COMMUNITY FORUMS HAVE BEEN HELD WHICH INCLUDED RESIDENTS AND PROPERTY OWNERS ALONG THE CORRIDOR. A MIXED USE ZONING DISTRICT (MXD) WAS PREPARED AND THE PROPERTIES ALONG THE CORRIDOR, -WERE REZONED IN 2005 AFTER AN ADVERTISED PUBLIC HEARING. THIS REZONING RESULTED IN GREATLY INCREASED PROPERTY VALUES FOR PROPERTY OWNERS ALONG THE CORRIDOR. AFFECTED PROPERTY OWNERS WERE NOT IN OPPOSITION TO THIS REZONING. ONE PROPERTY OWNER SUBMITTED AND HAD A SITE PLAN APPROVED IN AUGUST 2006. 1 ONE INHIBITING FACTOR TO THE DEVELOPMENT OF MAIN STREET IS THE LACK OF APPROPRIATE INFRASTRUCTURE TO HANDLE THE LARGER STRUCTURES AND PEDESTRIAN ACTIVITY ENVISIONED BY THE REZONING TO MIXED USE (MXD). WE PREPARED A CAPITAL PLAN AND COST ESTIMATES FOR THE NEEDED INFRASTRUCTURE. THE INTENTION WAS TO HAVE THE INFRASTRUCTURE IN PLACE AS AN INCENTIVE FOR FUTURE DEVELOPMENT. WE WERE CONCERNED ABOUT THE IMPACT OF ESCALATING PROPERTY TAXES ON OUR RESIDENTS, AND RECOMMENDED THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO THE CITY COMMISSION. IN LIGHT OF INCREASED PROPERTY VALUES ALONG THE CORRIDOR, WE RECOMMENDED THAT THOSE PROPERTY OWNERS WHO WOULD BENEFIT FROM THE REZONING SHOULD PAY FOR THE IMPROVEMENTS. IN OTHER WORDS, THOSE WHO WOULD ULTIMATELY PROFIT SHOULD PAY FOR THE INFRASTRUCTURE. HOWEVER, THE REAL ESTATE MARKET DECLINED, AND DEVELOPMENT HAS BECOME MORE PROBLEMATIC. IN HINDSIGHT, WE SHOULD HAVE REVISITED THIS RECOMMENDATION IN LIGHT OF THE CHANGING MARKET CONDITIONS. WE WERE LOOKING LONG-TERM - NOT SHORT- TERM. IT WAS CERTAINLY NOT OUR INTENT TO CAUSE ANY HARM TO ANY BUSINESS LOCATED ALONG THE CORRIDOR. IN FACT, WE BELIEVED BUSINESSES WOULD HAVE BEEN ABLE TO EXPAND THEIR 2 OPERATIONS AS A RESULT OF THE INFRASTRUCTURE IMPROVEMENTS WHICH WOULD NOW BE AVAILABLE TO THEM. MAIN STREET CONTINUES TO BE AN IMPORTANT COMPONENT OF OUR ECONOMIC DEVELOPMENT PROGRAM. WE REMAIN COMMITTED TO OUR STRATEGIC INITIATIVE TO DEVELOP PEDESTRIAN FRIENDLY, MIXED USE CORRIDORS AND WILL WORK WITH THE CITY COMMISSION TO IDENTIFY OTHER MEANS BY WHICH TO PROVIDE FOR THE REQUIRED INFRASTRUCTURE. AS CITY MANAGER, I AM RESPONSIBLE FOR ALL STAFF RECOMMENDATIONS. DURING MY EIGHT (8) YEARS AS YOUR CITY MANAGER, I HAVE NEVER BEEN AS PERSONALLY DISTURBED AS I AM BY THE CONTROVERSY AND STRESS THIS ITEM HAS CAUSED OUR AS a coc `1 i I�. C2 lm ... A r. 64"04 c=, tus e-cQ ��• c� ; � cr,.l 1 c., COMMUNITY. I LOOK FORWARD TO PUTTING THIS ISSUE BEHIND US, AND TO CONTINUING TO ASSIST YOU IN SERVING OUR CITY. THANK YOU, MAYOR, FOR ALLOWING ME THIS MOMENT OF PERSONAL PRIVILEGE. 3 Mayor Beth Flansbaum-Talabisco Statement Special Meeting - 10/16/07 I would like to say the following. The City of Tamarac is proud of its record of strongly supporting, enhancing and financing programs for our wonderful seniors. We will continue to advocate for every citizen, of every age, to provide the highest quality of life in our community. For instance, for the past 12 years we have fully funded our `fair share' for the Aging and Disability Resource Center. Our Community Center continues to win awards for our senior programs. Tamarac also has the distinction of having won a prestigious award as being a most livable City for seniors. The notion that this Commission would intentionally do anything to put senior citizens in jeopardy —or any resident for that matter ---of losing their home and being put out onto the street is absurd, personally offensive and a misrepresentation of our position. Having said that, at our meeting earlier today, this Commission decided to repeal the Main Street Assessment and will revisit the project. The project remains vitally important to Tamarac's future. The Main Street Project has been years in the making, long before I became Mayor. Community meetings were held, citywide surveys were taken and the residents of Tamarac support this project and have been very excited about it. When I became Mayor, one of the decisions that had to be made was how to finance needed infrastructure. Two options were presented to the City Commission. One: tax all residents. Two: Tax property owners on Main Street. Four of the five commissioners, including myself, agreed not to tax our residents. That is how the decision for the assessment was initially arrived at. I have instructed staff to revisit the entire project and to do what is in the best interest of all residents and property owners in our City. Thank you. E�€�3aQ emde3rE p0 C�'C u `t e4<iLv�6m�O� Cczm`O Ti EEt q`OT d E���spmc�EaEac`o a CJ „Guvbo&k' Z u c E2 �eEEt-.o 3c 11? 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Ps cs�coI3 Sag ccmb DO �rmj w•• J 1 ^^7 q r a Z C 3 7 Q. •"• • T C �• 9 m• 4 7 J ° J J p [ �^ 6�JS� ��17 �7m b 0w, O ,�^4°c�a�iAo mo3ar WQea 7 F= a S" J J b S s P O n I 3 yyy ^ b 7 N A `� b 1 m C CD ��5i�'3x rAcm 3�0.2 7 V =N���x��O Li [♦//�j y��swaU. 3b73cw • A Wish Come True Daancewear; Ace Business Forms; Adrie Business Consultants; Algy Dancewear; All Atlas Roofing of South Florida; All Points Screw & Bolt & Specialty; Allen Rothenberg; Amy Webster; Andrea & Barry Friedman; Andrew & Sara Cutler, Andy Hankin; Angela Spencer, Anita & Peter Baumwell; Anthony Varrecchione; Aphrodite Jones; Applebee's; Arrigo Dodge; Aryaldis Munoz; Atif & Bernardina Hussein; Attorneys at Law; 6213 Contest Solutions; Barash Oldsmobile; Barbara Dalessiro; Barbara & Scott Norman; Barry Finkel, PA; Becky & Bob Perry; Beth & JackTalabisco; Beverly Robinson; Bill & Diane McFarland; BKTS Auto; Bob & Martha Emanuel; Bob & Jennie Bertino; Bone Fish Grill; Broward Schools Exceptional Student Education Dept, C. Bru's Room Sports Bar; Suzan Argenziano & Lisa Delbosque; Cahill & Beehm, Cannon Trust; Category 5 Hurricane Shutters; Catherine Moore; Cazio Shirt Company; Ceasar Garcia; Cecilia Ruiz De Gamboa; Charles & Deborah Averb000k; Charles of Lovina Chew; Charlie Robertson & Mary Lindary; Childrens Service Council of Broward County; Christine & John Brown; Christine & Vincent Okun; Cindy Pijanowski; City Furniture; Comcast; Compass Originals; Connie & Craig Pratt; Cynthia; Lesson; Diane Shoger; Daniel Leon; Danny; Dave; David Lickstein, MD, Della & Charles Amrozewicz; Delores & Carries • Cruise; Dennis & Deborah Andra; Devon Tatham; Diana Grasso; Diane Bertin; Diane MacDonals; DISaivo's Restaurant; Donna Lipka; Doug Bates & Family; Dr. Eric Moskow Family; Dr. David & Caren Cohen; Dr. Timothy Aliff; Dr. Jay Rhodes; Dudley & Terry Shelowitz; Dudley Orr; Eastern Metal Supply, Edco Awards & Specialties; Eileen & Joseph Kavanagh; Elaine & Gerson Solomon; Ellen & Gerald Block, El Maria- chl's; Fatima Petrin; Fernando & Lisa Torres; Flamingo Petroleum; Florida Follies; Frances Garcia; Frank & Sharon Lerner, Gerald & Doris Bonneville; Glenn & Robyn Pesicek; Goodfeller's; Grace Tina; Health Forms & Systems; Heather Mitchell; Henry Rozen, DMD; H & M Health Services; Hugh & Felice Mac Cauley; Ian Flaster; Irving Perfit; Izzy & Ann Binstock; Jacqueline & Alejandro Sanchez, James & Lynda Young; James & Michelle Cruise; Jan L. Savarick; Janet & Hugo Chamagua; Janet & Martin Shapiro; Janice & Stanley Sacks; Jannelle Santiago; J.B. Local; JD &JF Dymtrow;Jeffrey Gill; Jenna Benyounes; Jerry & William Allen; Jim Corrado, PA; JM Court Reporting; Joanne Brewster, John Szabo; John R. Dorman; John & Bridget Bullion; John Cruise; Jose Ortiz; Jose & Lucy Abreu; Josh Strambaugh; Joyce Gailetti; Joyce & Patrick Finn; Juanita & Danaval Powell; Juanita Wood; Judy Weber, Karen & Jim Haggerty; Karen & Robert Finney; Kathleen Connelly • Bond; Kathy Shapiro, Kerry&John Major, Kirk & Kimberly Carter, Kitt & John Kelleher; Kristine & Scott Johnson; Landlubbers Raw Bar & Grill; L & J Moreno; L. Jerry Cohn, P.A.; Lenora Park, Lenora Christlano, Asta Pamela Geneika; Letty & Jack • Fishman; Lexa Metals; Lida Yocum; Linda Mills & David Relsin; Loreta Santangelo; Lori -Ann Awad; Louis Flores, Louis & Minnie Relsig; Lourdes Bodine; Lynne Farber; Macy's New York City; Maccaroni Grill; Maggie Rauer, Manny Lewis; Macaroni Grill; Maria Rodriguez, Marla & Joe Mariblle, Maria & Joseph Remeo; Marie A. Lisa McKillop; Marie Marino; Marjorie Gregg; Mark & Cheryl Tarver; Mark & Dena Shafer, Marlene Matura; Marsha & Edward Hoffman; Mary Bernsen; Mayra Talarico; Melissa Block; Merrill Levine; Michael & Sharon Gallup, Michael & Deborah Herchan; Michelle Silvera; Michelle Evans; Miguel Martinez -Newell & Melissa Martinez Toscano; Mike Higbe Designs, Mike Somberg; Miler's Ale House; Mohammad & Farida Rahman; Morrison Mgt. Specialists; Mr. Zeka; Mrs. Botkin; Musmeci Family, Nancy Nemhauser & LubomlrJastrzebski; Nancy Albarracin; Nancy Deliz-Polo; Navix imaging; Neal & Carol Digennaro; Noel Vlllacorta, Norman & Martha Gross, Northwest Oncology & Hematology; Onlx Bistro; P R Bebko; Paradise Bank; Patricia Hart; Penn Dutch; Phyllis & Stanley Spitzer; Pride Youth Development Foundation; Red Lobster; Red Road Petroleum LLQ Regina Blanz; Renata Santiago; Rhonada Bachmann; Richard & Ellen Donoff; Robert & Rose Mllanovich; Robert & Sadko Lykes,Sr.; Robert Parris; Robert & Jeanny Bertino; Robert • Bullock; Rockette Dance Academy; Rona & Richard Sandler; Ronnie & Allan Grelssman; Ruth Joseph; S B & J Enterprises; S. James & Binnle Donald; S. Richard & Patricia Snyder, Salim Derek & Leana Rahman; Sam's Club; Sandra Feller, Sara & Bob Caporale; SAS Factory Shoe Store; Scott & Amanda Osher, Shapiro Enterprises; She's the One; Sheehan Pontiac; Shelah's; Sheree Roberts, Shirley Powell Wiggin; Slgnsations, South Florida Winter Guard Association; Sparks of Genius, Special Needs Professional Associates; Special Olympics Broward County; Spectrum International Sales; Stacy Marlllo, Steak & Ale; Stephanie Michaels, Steven & Susan Fischer, Steven Guzman & Sarah Figueroa; Springtree Charities; Stoneman Douglas High School; Strikers Bowling; Sweet Tomatoes -Soup Plantation; Tamara Ivano-Lane,Tam[ Stevenson & Barbara Manwell;Taravella High School;The BrowardTeachers UnIon;The Band Hall;The Florida Marlins; The City of Tamarac, Florida; The Closing Specialists; The Florida Panthers Foundat[on;TheCohn Famlly;The Robert& Elizabeth Muller Foundation;The Miami Dolphins; Thinking Pays;Thomas& Joanne Balme;Thomas & Connie Hayes; Tonya Snodgrass; Ultimate CPR; Uncle Louie & Aunt April; Unity Gateway Church; University Research Foundation for Lysosomal Storage Diseases; Virginia & Carroll Smith; Wal-Mart; Wayne Fraser, MD, PA; Wendy Welsh; Whole • Foods; Wllesmith Advertising & Design; William Amick; William & Paige Gates; William & MarleThompson; William & Sandra Plotnlck; Willsabl; Wings Plus of Margate; Winter Guard International; ZTs Restaurant; Zulma Love; Zuccarelll's.