HomeMy WebLinkAbout2008-11-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY NOVEMBER 26, 2008
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 9:00 A.M. on Wednesday, November 26, 2008 in Chambers at
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Beth Flansbaum-Talabisco,, Commissioner Pamela Bushnell,
Commissioner Patricia Atkins -Grad, Commissioner Diane Glasser, and Commissioner
Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Flansbaum-Talabisco led the pledge of allegiance
and asked for a moment of silence in honor of our troops.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation from the Tamarac Chamber of Commerce to the Mayor and City
Commission of a plaque for the City of Tamarac's support of the recently held Taste of
Tamarac event. (Executive Director Vicki Reid and Chamber Chairperson Kathy
Gerstenslager)
REPORTS
2. City Commission: Commissioner Bushnell said she has been going to
department orientation sessions and getting to know everybody in the City.
Commissioner Bushnell attended the opening of Solantic Care on Hiatus Road, which is
an emergency care center. Commissioner Bushnell wished everyone a happy
Thanksgiving.
Commissioner Atkins -Grad spoke of the many homeowner association meetings she
attended in the last two weeks as well as the legislative conference in Orlando.
Commissioner Atkins -Grad wished everyone a happy holiday.
Commissioner Glasser said she has been attending department orientation sessions
and also attended a meeting of the Florida Delegation. Commissioner Glasser wished
everyone a happy Thanksgiving.
Commissioner Dressler wished everyone a happy holiday and reported that the County
Commission has decided not to intervene in the University Drive extension litigation.
Commissioner Dressler spoke of the foreclosure/financial crisis and said condominium
associations are impacted because the banks are limited regarding assessments once
the foreclosure process begins. There is a House Bill and Senate Bill moving forward
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that hopefully will fix this matter, and in the future he will ask the Mayor and City
Commission to support a resolution regarding the Bills.
Mayor Flansbaum-Talabisco acknowledged her husband Jack, who was in the audience
and said it is nice to see residents in attendance at the meeting. Mayor Flansbaum-
Talabisco spoke of a publication from the Conference of Mayors regarding the bail -out,
and added Broward County Mayor Ritter said she would be front and center in
reminding President-elect Obama how important it is that congress remembers the
cities are the backbone of the nation. Mayor Flansbaum-Talabisco pledged to bring
federal and state dollars back to the City, and added she will be in Washington, D.C. the
week before the inauguration. Mayor Flansbaum-Talabisco reported on the public
hearing of the Broward Delegation this past Monday, and the fact that Tamarac was the
only City in the County with representation by three commission members. Mayor
Flansbaum-Talabisco spoke of the Turkey Trot to be held on Thursday, November 27
and said 1,300 runners have signed up. Mayor Flansbaum-Talabisco acknowledged
Vice Mayor Sultanof, who was in the audience and sent best wishes to Dr. Krause, of
the Insurance Advisory Board. Mayor Flansbaum-Talabisco wished everyone a happy
Thanksgiving, and directed everyone to the art work on display, which is a maquette of
art work that will be installed in front of the pond between the library and the Tamarac
Community Center.
3. City Attorney: City Attorney Goren reported on a decision made by a Palm
Beach County Circuit Court Judge regarding a Fire Rescue case, and said this is an
important opinion regarding assessment of Fire Rescue fees that can be assessed so
long as the benefit to property is fairly apportioned. Commissioner Dressler questioned
any potential liability to the City because of subsidizing 10% and City Attorney Goren
responded if we do not fund 100% it is not double taxation. City Attorney Goren
reported on a Bill requiring the County Commission to adopt an ordinance which would
require interlocal agreements for fire rescue, allowing the largest fire rescue operators
to take control of fire rescue in the City of Tamarac. It allows for a surtax by referendum
controlled by Broward County. The origin of the Bill is not known. As for the University
Drive matter, on December 2 there will be an update regarding the status of the matter.
4. City Manager: City Manager Miller wished everyone a happy Thanksgiving and
said the opening of the Turkey Trot will be covered by Channel 10, and our Turkey Trot
will be shadowed in Baghdad. Mayor Flansbaum-Talabisco spoke of the City of
Plantation being reported on CNN yesterday, because of some charity work done by
young people, and it would be nice if Tamarac could make it to CNN also. City
Manager Miller reported on the Holiday Lighting Ceremony will take place next
Wednesday at 6:00 p.m. at the Tamarac Community Center. Utilities Water Treatment
Plant reports they received the Florida Section AWWA Water Conservation Award for
Excellence for the 4t" time because of the spray retrofit program.
5. PUBLIC PARTICIPATION: There was no public participation
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CONSENT AGENDA
6. Commissioner Dressler, seconded by Commissioner Atkins -Grad moved
approval of all items on the consent agenda. On roll call Commissioner Dressler voted
"yes", Commissioner Glasser "yes", Commissioner Atkins -Grad "yes", Commissioner
Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
a. APPROVE the minutes of the November 10, 2008 Special City Commission
meeting.
APPROVED
b APPROVE the minutes of the November 12, 2008 Regular City Commission
meeting.
APPROVED
C. AWARD TO ARTIST — LIBRARY/TAMARAC COMMUNITY CENTER PUBLIC
ART: (TR11486) Approving the Public Art proposal and concept by Jane Dedecker to
be placed at the Tamarac Community Center.
RESOLUTION NO. R2008-167
d. . ELECTION OF VICE MAYOR: (TR11490) Electing a vice mayor to serve a term
of one year beginning November 26, 2008 and ending November 2009, with no
succession.
RESOLUTION NO. R2008-168
e. AUTHORIZING BANK SIGNATURES — TD BANK NA F/K/A COMMERCE
BANK: (TR11625) Authorizing signatures for bank accounts at TD Bank, NA f/k/a
Commerce Bank.
RESOLUTION NO. 1112008-169
f. INSTALLATION OF REINFORCED CONCRETE DRIVEWAYS AT FIRE
STATION 15: (TR11513) Authorizing the appropriate City officials to award Bid No. 08-
04B and execute an agreement with West Construction Inc. for the replacement of the
asphalt driveways at Fire Station 15 located at 6000 Hiatus Road in an amount not to
exceed $48,100.00 from the appropriate accounts; authorizing budget amendments as
needed for proper accounting purposes.
RESOLUTION NO. R2008-170
g. APPOINTMENT OF VETERAN'S AFFAIRS COMMITTEE LIASION: (TR11519)
Appointing Marc Sultanof as a member of the City of Tamarac Veteran's Affairs
Advisory Committee and will also designate Mr. Sultanof as the Committee's liaison to
the City Commission.
RESOLUTION NO. R2008-171
h. DESIGNATING ABS PUMPS. INC.. AS A SOLE SOURCE PROVIDER FOR
PUMPS AND APPURTENANCES: (TR11521) Designating ABS Pumps, Inc., as a sole
source provider for pumps and appurtenances utilized at fifty-one (51) City Wastewater
Pump Stations, and to authorize expenditures for the purchase of pumps and
appurtenances from ABS Pumps, Inc., for an amount not to exceed $100,000.00 for the
period of November 4, 2008 through September 30, 2009.
RESOLUTION NO. R2008-172
BIPOLAR SUPPORT ALLIANCE, INC. TO WAIVE ROOM RENTAL FEES: (TR11522)
Approving a request from South Florida Depression and Bipolar Support Alliance, Inc.
(South Florida DBSA), to waive room rental fees for a weekly support group meeting to
be held at the Tamarac Community Center every Thursday from 6:00 p.m. to 8:00 p.m.,
November 26, 2008
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the start date to be determined; providing for proper insurance and execution of hold
harmless agreement; providing review of said program for benefit to Tamarac residents.
RESOLUTION NO. R2008-173
j. USE OF CITY LOGO: (TR11518) Authorizing the City's General Employee
Pension Fund to use the City's logo on its letterhead and other documentation
pertaining to the official business of the city and its employees.
RESOLUTION NO. R2008-174
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES — FIRST READINGS
There were no ordinances scheduled for first reading.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
7. APPROVAL OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
ACTION PLAN AMENDMENT: (TR11506) Approving the First Amendment to the
Community Development Block Grant ("CDBG") Program, Fiscal Year 2008 Annual
Action Plan Ninth Program Year to provide for the adoption of the Neighborhood
Stabilization Plan; authorizing and directing the Mayor or in her absence, the Vice -
Mayor to execute any necessary documents and certifications; authorizing the
submission of the Neighborhood Stabilization Plan for review and approval by Broward
County and the United States Department of Housing and Urban Development. City
Attorney Goren read Temporary Resolution 11506 by title. Commissioner Dressier
seconded by Vice Mayor Atkins -Grad moved approval. Mayor Flansbaum-Talabisco
opened the public hearing and with no one wishing to speak, closed the public hearing.
On roll call Commissioner Bushnell voted "yes", Commissioner Dressler "yes",
Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-
Talabisco "yes". Motion carried.
RESOLUTION NO. R2008-175
ORDINANCES — SECOND READINGS
There were no ordinances scheduled for second reading.
QUASI-JUDICIAL HEARINGS
8. MAIN STREET SHOPPES - REVISED DEVELOPMENT ORDER AND NEW
DEVELOPMENT SITE PLAN APPROVAL: (TR11516) Motion to approve Resolution
issuing Revised Development Order No. 337.2 and granting New Development Site
Plan approval for the Main Street Shoppes project to allow the construction of
approximately 77,358 square feet of retail shops, offices and restaurants along with
associated ground parking, landscaping and infrastructure improvements, for the
property located at 9200-9300 West Commercial Boulevard; (Case No. 2-SP-08);
providing for conditions of approval. TABLED AT THE NOVEMBER 12, 2008
MEETING TO NOVEMBER 26, 2008 AT OR AFTER 9:00 A.M. City Attorney Goren
read Temporary Resolution 11516, Revision #1 by title. Commissioner Dressler
November 26, 2008
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seconded by Vice Mayor Atkins -Grad moved approval. City Attorney Goren explained
the quasi-judicial procedures and Attorney Andy Maurodis waived the quasi-judicial
proceedings on behalf of the applicant. Community Development Director Bramley
gave a presentation and addressed the conditions of approval. Mr. Maurodis said the
project has gone through seven iterations and this version joins the vision of the Mayor
and City Commission and the applicant. Mayor Flansbaum-Talabisco opened the public
hearing and Bob Storch, 4622 NW 45 Court spoke of his concerns regarding traffic on
57th Street and at the schools, and delivery of supplies. Luis Larosa, Architect said
there are appropriate loading zones. Community Development Director Bramley said
the corridor currently operates under capacity. BSO Chief Duguay said the schools are
monitored closely and there should be no negative affects. City Attorney Goren asked
City Clerk Swenson to swear in those who spoke or intend to speak. There being no
one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing.
Commissioner Bushnell questioned public restrooms on the facility and Mr. Larosa said
none had been planned for this facility, but there are restrooms in each store. Mr.
Maurodis said there is a security issue involved with public restrooms. Community
Development Director Bramley said the Florida Building Code does not require public
restrooms in this type of use, but staff can do additional research on the matter of public
restrooms. Mayor Flansbaum-Talabisco suggested additional research be done
because there is a total of 127 acres to take under consideration as we move forward.
Commissioner Dressier spoke of building height and facades.
City Manager Miller left the chambers at 10:30 a.m. and returned at 10:32 a.m.
Community Development Director Bramley explained portions of the roof will be built up.
Commissioner Dressler questioned building stepback and Mr. Larosa said stepbacks
permit movement and discourage flat walls, but since we are not planning five -story
buildings, the stepbacks become less probable; however, there will not be flat walls.
Commissioner Dressler questioned streetscape elements, landscaping and irrigation.
Community Development Director Bramley said the streetscape elements meet the
design elements for MXD use and the development is being built hard to the property
line so we can not fit in all the trees. City Attorney Goren said each application will
stand on its own merits. Mr. Maurodis explained it is a build to ITI't project.
Commissioner Dressler asked if this project is being self funded and Mr. W6t odjs said
the construction is being financed and a condition of financing is that he pre -Cease the
entire property back to himself. Commissioner Dressler questioned transit and
Community Development Director Bramley said the project has been reviewed by BCT
and bus stops are not required for the 127 acres, but we will work with BCT for a bus
stop. Commissioner Dressler congratulated the applicant, attorney and architect and
thanked them for their patience and wished them well on implementing the project.
Commissioner Glasser questioned the date of completion and Mr. Maribona said the
first quarter of 2010. Commissioner Glasser questioned the potential of renting to
businesses or offices and Mr. Maribona said he has not marketed the project yet; he is
waiting for final site plan approval. Mayor Flansbaum-Talabisco spoke of the National
Council of Shopping Centers which is holding a meeting on December 2 and Mr.
Maribona said he intends to be present at this meeting. Commissioner Glasser
confirmed there will be benches and sitting areas. Commissioner Glasser questioned
the traffic flow and Mr. Larosa and Community Development Director Bramley explained
November 26, 2008
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the ingress and egress, as well as turn lanes. Vice Mayor Atkins -Grad asked when
ground will be broken and Mr. Maurodis said the project must first go through the
County to get them to abandon the setback line and we can not do anything until that
happens, which could take several months. Vice Mayor Atkins -Grad asked if there will
be quality restaurants and Mr. Maurodis said given the type of center it will attract higher
levels of quality restaurants. Mayor Flansbaum-Talabisco thanked all those
instrumental in bringing this project forward. Mayor Flansbaum-Talabisco expressed
concern about lighting in the walkway between buildings A & B and Mr. Larosa said
there will be appropriate lighting in that area.
City Attorney Goren left the room at 10:55 a.m. and returned at 10:57 a.m.
Mayor Flansbaum-Talabisco confirmed the applicant would work with a professional
colorist for the colors of the buildings and questioned landscape maintenance. Mr.
Larosa said the applicant is a stickler for the landscaping and would enter into a
contract with a groundskeeper. Mayor Flansbaum-Talabisco questioned the general
hours and times for loading and Community Development Director Bramley spoke of the
City's noise ordinance. Mr. Maribona said the hours for restaurants and retail shops
depends upon the type of use. Mayor Flansbaum-Talabisco confirmed the actual
project would look like the renderings. On roll call Vice Mayor Atkins -Grad voted "yes",
Commissioner Glasser "yes", Commissioner Dressier "yes", Commissioner Bushnell
"yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
RESOLUTION NO. R2008-176
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the meeting at 11:15 a.m.
Marion Swenson, C
City Clerk
November 26, 2008
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eth Flansbaum-Ta abisco
Mayor
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