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HomeMy WebLinkAbout2006-11-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY NOVEMBER 22, 2006 Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, November 22, 2006 in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner, Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner Harry Dressler. ALSO PRESENT: Deputy City Manager Michael C. Cernech, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Vice Mayor Edward C. Portner led the pledge of allegiance. Mayor Flansbaum- Talabisco called for a moment of silence in remembrance of Deputy Brian Tephford, who was killed in the line of duty on Sunday, and a moment of silence for Deputy Corey Carpocci for a speedy recovery. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: There were no proclamations and presentations made at this meeting. REPORTS 2. City Commission: Mayor Flansbaum-Talabisco spoke of the random act of violence that occurred in Tamarac, in which Deputy Brian Tephford was killed and Deputy Corey Carpocci was injured. Mayor Flansbaum-Talabisco said she will never forget the feeling of overwhelming sadness at the memorial ceremony for Deputy Tephford. Mayor Flansbaum-Talabisco visited with Deputy Carpocci in the hospital and his sadness also was overwhelming at the loss of his partner, and she visited Deputy Tephford's shift (Charley Shift) at BSO, where there was a palpable sadness. At Monday's workshop meeting Commissioner Dressler asked for a plaque to be presented in special ceremony in honor of Deputy Tephford, and staff is working on bringing this to fruition. Mayor Flansbaum-Talabisco said she prays this will never happen again. Mayor Flansbaum-Talabisco reported she attended the end of season celebration of the girls softball team on Saturday at Tamarac Park, and also watched the Special Needs Color Guard practice on Saturday. The Color Guard will perform in the Macy's Thanksgiving Day Parade and the Mayor and City Commission received T- Shirts from the Color Guard, which bear the City's logo and the wording "The City of Tamarac Proud Home of the Florida Special Needs Color Guard". People from the new Community Christian Church were on hand to help with the practice. This was a great community day. Additionally, there was an article in Sunday's Sun -Sentinel about the Special Needs Color Guard and they were also on Channel 6. Mayor Flansbaum- November 22, 2006 Page 1 of 6 Talabisco said the weather does not seem like it will cooperate in New York on Thanksgiving Day and the snow and wind may make their performance a challenge. The Special Needs Color Guard will appear at the end of the parade — just before the Santa Clause float. This is an honor for the Color Guard as well as the City of Tamarac. The Turkey Trot will take place on Thanksgiving Day at 7:30 a.m.; Vice Mayor Portner and Deputy City Manager Cernech will participate. Next week is the City's Holiday Lighting Ceremony and everyone is invited to attend. Vice Mayor Portner wished everyone a happy holiday season and said he looks forward to participating in the Turkey Trot and seeing many friends there. Commissioner Atkins -Grad said she has attended several school meetings over the past two weeks and she is involved with SAC and the PTA. Today she will read to two second grade classes. There have been problems with constituents that she has worked on and she has attended many HOA meetings. Commissioner Atkins -Grad said she enjoyed the Veterans' Day Parade and the moving ceremony that followed. At Monday's workshop meeting conservation was discussed and Commissioner Atkins - Grad is hopeful that soon restaurants in Tamarac will not serve water unless specifically requested by diners. Commissioner Atkins -Grad attended a meeting in Orlando this past week and found cities around Florida have common issues. Emergency management was discussed, in particular portable generators for businesses. This year we had a respite from the storms but we must keep vigilant. Commissioner Atkins -Grad wished everyone a Happy Thanksgiving and said we all have much to be thankful for. Commissioner Sultanof wished everyone a happy holiday. Commissioner Sultanof said he apologizes for anything he said regarding Versailles Gardens that may have been misconstrued. Everyone should be thankful for good health, loved ones, our country, and Commissioner Sultanof is hopeful the new change over will bring a good partisanship in Congress and local governments. Commissioner Sultanof thanked those in the audience for attending today's meeting. Commissioner Dressler wished everyone a Happy Thanksgiving and holiday season. Commissioner Dressler thanked staff for working with the owners of Woodmont Country Club in removing the stone monument that has been an eyesore on 75t' and Pine Island. There are still code issues to be addressed, and staff is working with the community and the community is appreciative. New legislators have been sworn in in Tallahassee and the City has completed our list of priorities. Commissioner Dressler said he is a member of the advocacy committee for the Florida League of Cities and the top three issues for the League are transportation, cable franchising, and workers compensation for first responders. Commissioner Dressler reminded everyone of the Turkey Trot to take place tomorrow. 3. City Attorney: City Attorney Goren clarified Commissioner Sultanofs apology to the residents of Versailles Gardens for any misstatement or quote in the Sun Sentinel, is in response to a letter received from Joseph Gangruzzo, Esq., on behalf of the residents. City Attorney Goren wished everyone a happy and healthy holiday. November 22, 2006 Page 2 of 6 4. City Manager: Deputy City Manager Cernech wished the Mayor and City Commission, staff and public a Happy Thanksgiving, and said we have much to be thankful for this year; it was a very good year for the City of Tamarac, and he sees next year as being just as good if not better. Parks and Recreation reports the 2006 Turkey Trot will take place on Thanksgiving morning at 7:30 a.m. starting at City Hall, going through the Woodmont Community. This is the 26th year of the Turkey Trot, and refreshments and entertainment will be provided. Registration is at the Tamarac Community Center and entrants may register prior to the race tomorrow. Light Up Tamarac will be held on November 29th at 6:00 p.m. at the Tamarac Community Center. The Mayor and City Commission will light the Christmas Tree and the Menorah; a special holiday concert will take place featuring Tamarac's best school choirs; there will be games, refreshments, a craft show and special appearance by Santa Claus. The Candy Cane Craze will take place on December 9th at Tamarac Park. This event is for 2-5 year old children and candy canes will be hidden in the playground. There will be arts and crafts as well as face painting. The Veterans' Day parade and ceremony went very well and Deputy City Manager Cernech thanked everyone who came out to salute the veterans. Several hundred people were in attendance at the viewing stand and throughout the route. Deputy City Manager Cernech thanked everyone who participated. Deputy City Manager Cernech welcomed Jennifer Bramley, a new member of the City of Tamarac Executive Team. Ms Bramley will be our new Director of Community Development after passage of the consent agenda this morning. Ms. Bramley is a 16 year veteran of Coral Springs and has worked in Community Development in many positions — starting at entry level and working her way up to Assistant Director. Ms. Bramley comes to us with a fantastic resume and impeccable references. The City of Tamarac is glad to have Ms. Bramley as part of our team and she will start her work with the City after the first of the year. Deputy City Manager Cemech encouraged everyone to watch Macy's Thanksgiving Day parade, where our Special Needs Color Guard will be performing. PUBLIC PARTICIPATION 5. PUBLIC PARTICIPATION: Patty Lynn, 6411 NW 58 Street, Tamarac, said we all have a lot to be thankful for. Her nephew has arrived back home from Iraq. Ms. Lynn spoke in favor of televising meetings and against the upcoming land use amendments for Sabal Palm and Monterey Golf Courses. Burt Schneider, 8016 NW 72 Street, Tamarac, wished everyone a festive, healthy Thanksgiving. Mr. Schneider asked the Mayor and City Commission to consider changing the venue of the Turkey Trot. Commissioner Dressler said while he has not been contacted by anyone in the community regarding a change of venue for the event, he will contact the HOAs after the holiday and see what their sentiments are. CONSENT AGENDA 6, Deputy City Manager Cernech announced, pursuant to discussion at the workshop meeting regarding TR11101, Item 6(d) on the consent agenda, language has been added regarding the property tax. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll November 22, 2006 Page 3 of 6 call Commissioner Sultanof voted "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", and Vice Mayor Portner "yes". Motion carried. a. APPROVE the minutes of the November 8, 2006 Regular City Commission meeting. APPROVED b. REFUNDING OVERPAYMENT ON COMMERCIAL ALTERATION PERMITS: (TR11096) Refunding Thirty -Seven Thousand Five Hundred Eighty -Five Dollars and Eighty Cents ($37,585.80) which was an overpayment on commercial alteration permits 05-3924; 05-4044; 05-4045, 05-6100 and 06-451. RESOLUTION NO. R2006-217 C. RIGHT-OF-WAY MAINTENANCE AGREEMENT — HAMPTON HILLS COMMUNITY ASSOCIATION: (TR11098) Executing a Right -of -Way Maintenance Agreement with Hampton Hills Community Association, Inc., for street lighting, landscaping, irrigation and structures to be constructed and maintained upon right-of- way owned by the City, located on NW 915t Avenue between the main entrance of the Hampton Hills Subdivision and NW 57t" Street; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2006-218 d. APPROVING LEGISLATIVE AGENDA FOR THE 2007 LEGISLATIVE SESSION: (TR11101) Approving the City of Tamarac Legislative Agenda for the 2007 Legislative Session; directing the City Clerk to send a copy of the City of Tamarac Legislative Agenda for the 2007 Legislative Session to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration. RESOLUTION NO. R2006-219 e. APPOINTMENT OF COMMUNITY DEVELOPMENT DIRECTOR: (TR11104) Appointing Jennifer K. Bramley as Director of Community Development, effective January 2, 2007, or at such earlier date as is mutually agreed upon. RESOLUTION NO. R2006-220 L�iLZ�I�«I�]il+� �i�ZIrI �►T�7_l. REGULAR AGENDA ORDINANCE — FIRST READING 7. AMENDING ARTICLE VI OF THE CODE ENTITLED LAND DEVELOPMENT AND CONSISTENCY STANDARDS: (T02126) Motion to adopt Ordinance on first reading amending Chapter 10, the Land Development Regulations of the City of Tamarac by amending Article VI, entitled "Land Development and Consistency Standards"; specifically amending Section 10-330, entitled "Concurrency Standards and Procedures," in order to provide for compliance with the requirements of Section 163.3180, Florida Statutes, as amended from time to time, to provide for the enactment of a proportionate fair -share mitigation ordinance; incorporating by reference Section 5-182(a)(5)(b) of the Broward County Land Development Code; providing for codification. City Attorney Goren read Temporary Ordinance 2126 on first reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren said this item was discussed at Monday's workshop meeting and the ordinance is required, and will November 22, 2006 Page 4 of 6 1 1 bring Tamarac into compliance with statute and consistent with Broward County Land Use. On roll call Commissioner Dressler voted "yes", Commissioner Sultanof "yes", Vice Mayor Partner "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING — NOVEMBER 22, 2006 UBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCES — SECOND READINGS 8. AMENDING THE CITY OF TAMARAC CODE OF ORDINANCES BY CREATING A NEW CHAPTER ENTITLED "S-2 RECREATIONAL DISTRICT": (TO2124) Motion to adopt Ordinance on second reading creating a new chapter within the City of Tamarac Code of Ordinances entitled, "S-2 Recreational District"; providing for findings and conclusions evidencing the intent of the city commission to create the aforesaid zoning category with its attendant uses, responsibilities and opportunities; providing for definitions; providing for scope; providing for purpose and intent; providing for multiple zoning requirements; providing for permitted uses; providing for general regulations; providing for landscape requirements; providing for building/structure heights; providing for plot size; providing for walls and fences; providing for design criteria (Case No. 15-Z-06); providing for codification. City Attorney Goren read Temporary Ordinance 2124 on second reading by title. Vice Mayor Portner seconded by Commissioner Sultanof moved tabling Temporary Ordinance 2124 to the December 11, 2006 Workshop meeting for discussion and the December 13, 2006 Regular City Commission meeting for vote. On roll call Mayor Flansbaum-Talabisco voted "yes", Commissioner Dressler "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", and Commissioner Atkins -Grad "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 8, 2006 TABLED TO THE DECEMBER 11, 2006 WORKSHOP FOR DISCUSSION AND TO THE DECEMBER 13, 2006 REGULAR CITY COMMISSION MEETING AT OR AFTER 7:00 P.M. QUASI-JUDICIAL HEARINGS 9. SPECIAL EXCEPTION - NOEL'S PLACE: (TR11097) Motion to approve Resolution granting a Special Exception to permit the sale and on -site consumption of alcoholic beverages in a B-2 (Community Business District) zoning category for Noel's Place located at the northwest corner of S.R. 7/U.S. 441 and NW 53 Street in the Commercial Plaza shopping center, specifically Parcel "A" of the "Commercial Plaza" Plat, according to the Plat thereof as recorded in Plat Book 82, Page 50 of the Public Records of Broward County, Florida (Case No. 16-Z-06); providing for conditions of approval. City Attorney Goren read Temporary Resolution 11097 by title. Vice Mayor Portner seconded by Commissioner Dressler moved approval. City Attorney Goren explained the quasi judicial procedures and Noel Noble, owner, waived his quasi-judicial rights. City Attorney Goren said any affected member of the public has the right to be heard, and all documents presented for this Special Exception are on the table for review. Planning and Zoning Manager Ross gave a presentation. Commissioner Sultanof questioned the hours of operation and the proximity of the business to residential areas. Planning and Zoning Manager Ross said the business is over 600' November 22, 2006 Page 5 of 6 from a residential area and there is no distance requirement in our code for this business. Mayor Flansbaum-Talabisco confirmed beer and wine would be served, no hard alcohol. City Attorney Goren explained for purposes of state licensure, Mr. Noble must get approval from the City of Tamarac first and he must comply with state law. Vice Mayor Portner questioned state law regarding hours for alcoholic consumption and City Attorney Goren said the state does not regulate hours of operation. There is no off - site consumption allowed. Commissioner Dressler confirmed at one time the Mayor and City Commission approved hours of operation until 7:00 a.m. for another business. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. City Attorney Goren asked Mr. Noble if he agrees with the conditions of approval and Mr. Noble said yes. On roll call Commissioner Atkins -Grad voted "yes", Vice Mayor Portner "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", and Commissioner Dressler "yes". Motion carried. RESOLUTION NO. R2006-221 END OF PUBLIC HEARINGS 10. MOTION to continue to retain Alan Gabriel's services as Special Magistrate and transition the City of Tamarac contract for said services to the Law Firm of Weiss, Serota, Helfman, Pastoriza, Cole & Boniske. City Attorney Goren explained the Magistrates are hired by the Mayor and City Commission. There are several Magistrates working for Tamarac; Mr. Gabriel is transitioning to a new law firm and under the Florida Bar, Ethics Section, a transition must have the consent of the Mayor and City Commission. Mr. Gabriel has been an exemplary employee on behalf of the City and has served as an alternate to Gene Steinfeld. The City Attorney's office recommends support of the transition. Commissioner Dressler seconded by Vice Mayor Portner moved approval. On roll call Vice Mayor Partner voted "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", Commissioner Dressler "yes", and Commissioner Atkins -Grad "yes". Motion carried. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the meeting at 9:45 a.m. Marion Swenson, CMC City Clerk November 22, 2006 Page 6 of 6 Beth Flansbaum-Talabisco, Mayor L