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HomeMy WebLinkAbout2008-12-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, DECEMBER 10, 2008 7:00 P.M. CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order on Wednesday, December 10, 2008, at 7:00 p.m. in Chambers, at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad, Commissioner Pamela Bushnell, 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: Pledge of Allegiance led by Cub Scout Pack 226. Commissioner Dressler asked each of the Webelos to introduce themselves to the Mayor and City Commission and the audience. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Flansbaum-Talabisco to Dr. John L. Krause commending Dr. Krause for his years of service to the City of Tamarac. Mayor Flansbaum-Talabisco announced that Dr. Krause had asked that the presentation of the proclamation be postponed until January 14, 2009, when he would be able to attend the meeting. C. Presentations by Mayor and City Commission of Veteran's Dav Parade Trophies: (i) Mayor's Cup: JP Taravella High School -- Neil Jenkins, Band Director; Shawn Cerra, Principal. Mr. Jenkins announced the band would play at the Presidential Inauguration. (ii) Vice Mayor's Cup: Miss Teen Florida Galaxy (Sarah Callahan) — Barbara Callahan. (iii) Commissioners' Cup: Florida Special Arts Center, Inc. — Ellen Kleinert - Cohen, Director. (Ms. Kleinert -Cohen arrived at 7:30 p.m. and introduced David Rodriguez, a special needs color guard member. Ms. Kleinert -Cohen presented the Mayor and City Commission with the medal awarded to the Special, Needs Color Guard for their participation in the Macy's Thanksgiving Day Parade. (iv) Spirit Of Broward Award: Ramblewood Middle School Band -- John Nista, Band Director; Tina Recchi, Principal. City Commission Regular Meeting Wednesday, December 10, 2008 Page 1 of 11 RFPARTA 2. City Commission: Commissioner Bushnell reported she had attended the Holiday Lighting Ceremony at the Tamarac Community Center as well as the Challenger Elementary Winterfest. Commissioner Bushnell wished everyone a happy holiday. Vice Mayor Atkins -Grad spoke of her trip on an airboat as part of the water committee and her attendance at many events both with the schools and the city. Vice Mayor Atkins -Grad said she read to two kindergarten classes and it was a very fulfilling experience. Vice Mayor Atkins -Grad said the holiday lunch held today with staff was a wonderful event, and wished everyone good health for the coming year. Commissioner Glasser said this is her second time around as Commissioner; she served in 1994, and this is a very different staff and commission than before. The atmosphere is extremely friendly and professional and the commission meetings are well run; the commission gets a lot of work accomplished. Commissioner Glasser wished everyone a happy holiday and said she hopes the future is better than the last few months. Commissioner Dressler thanked staff for their hard work supporting the Mayor and City Commission's efforts this year, and commented on the wide variety of issues that will be addressed on tonight's agenda. Commissioner Dressler said Mayor Flansbaum- Talabisco is the best mayor around, and wished everyone a happy and healthy year. Mayor Flansbaum-Talabisco thanked City Manager Miller and Purchasing/Contracts Manager Glatz for their efforts on behalf of the Second Fiscal Stewardship Meeting for Broward Communities, and added Purchasing/Contracts Manager Glatz handled the first presentation with regard to how cities can combine their efforts to save money. Mayor Flansbaum-Talabisco said she believes some productive results will come from that meeting. Mayor Flansbaum-Talabisco said the Turkey Trot was a special event, especially with the shadow run in Baghdad this year; there were 1,500 runners in Tamarac and 100 in Baghdad. Mayor Flansbaum-Talabisco said she participated in the run this year, also. Mayor Flansbaum-Talabisco thanked staff for the holiday luncheon, the turkey trot, and all the other events throughout the year. Mayor Flansbaum- Talabisco said the Mayor and City Commission accomplished so much over the past year, and acknowledged Vice Mayor Sultanof who was in the audience. Mayor Flansbaum-Talabisco thanked Hubert Klombers for the work he has done throughout the community, and thanked her colleagues on a personal and professional level for the amount of work they got done this past year. Mayor Flansbaum-Talabisco said feedback throughout the County about the Tamarac Commission is outstanding. Mayor Flansbaum-Talabisco wished everyone a happy and healthy new year. 3. City Attorney: City Attorney Goren spoke of the ordinance adopted by the Mayor and City Commission with regard to code enforcement and said the City has worked through the list of the most egregious violators who are not in compliance with City Commission Regular Meeting Wednesday, December 10, 2008 Page 2 of 11 City code and we have filed a lawsuit against 5709 Bamboo Circle, Marjorie Kamhi. We are asking for compliance with the code. Outstanding fines are $240,000; we will make every legally based effort to collect on this case. With regard to the Surtax Bill, City Attorney Goren said there are unintended consequences which may have an impact on the cities. Regarding the Fire Rescue minimum staffing matter, Ft. Lauderdale or Hollywood may be the lead agencies in that Bill. It is a dangerous document and we still do not know who sponsored it. City Attorney Goren wished everyone a happy and healthy holiday season and said he enjoyed running in the turkey trot. 4. City Manager: City Manager Miller reported the city received notice that we have been approved for three grants: $50,000 for the ramp at Veterans' Park; $5,000 for material and equipment for the CERT Volunteers; and $4,300 for BSO officer coverage at summer camp. The City surpassed its goal of $12,000 for United Way by raising $14,000 and there is still one more event to go. It is possible we will raise more money this year than in years past, and we had an outstanding committee who motivated staff throughout the City. City Manager Miller congratulated Public and Economic Affairs Officer Berns, Campaign Chairman on the success of this campaign. City Manager Miller reported that our Public Information Office was recognized in several categories as follows: Second place in the 2007 Water Quality Report; Third place in new resident packets and sundial; and Special mention for the sundial, resident packets, and frequently asked questions. The City had a successful Turkey Trot and Holiday Lighting Ceremony, and we just received our new City maps, which were privately sponsored and paid for by the sponsors. On behalf of himself and the staff, City Manager Miller wished the Mayor and City Commission a joyous and happy holiday season. 5. PUBLIC PARTICIPATION: Patti Lynn, 6411 NW 58 Street, commended Commissioner Dressler on his discussion with the Boy Scouts prior to the beginning of the Commission meeting. With regard to Item 60) on the consent agenda, Ms. Lynn said she hoped other cities also get on board purchasing the chest compression machines, as we sometimes have to draw on assistance from other jurisdictions and she would like to know that all the agencies have equally effective equipment on their rescue vehicles. With regard to Item 6(n) on the consent agenda, Ms. Lynn said the Commission did a good job waiving the mandate for up front money, and added pay as you go is important, but she still believes workforce homes are necessary. Norman Grad, 7460 NW 18 Street, Margate, commended the City of Tamarac on its Veterans Day ceremonies, and said the dog park is a beautiful and relaxing place to go. People come from all over the county to this dog park. Mr. Grad wished the Mayor and City Commission a healthy new year. Barbara McNeil, 6961 NW 82 Court said she is leaving Tamarac shortly and asked about placing the Commission meetings on closed circuit TV. Mayor Flansbaum- Talabisco thanked Ms. McNeil for her support, comments and input. Bob Storch, 4622 NW 45 Ct., wished everyone a happy holiday. Mr. Storch questioned Item 6(n) on the consent agenda and asked for clarification as to which declarations are City Commission Regular Meeting Wednesday, December 10, 2008 Page 3 of 11 being amended. Mayor Flansbaum-Talabisco said this was discussed at Monday's workshop and backup information is available on the website. CONSENT AGENDA 6. City Manager Miller said as a result of discussions held at Monday's workshop meeting, Temporary Resolution 11539, supporting amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent condominium, co-operative and homeowners' associations fees, regular assessments and special assessments on units in foreclosure and on foreclosed on units, would be added to the consent agenda as Item 6(o); and Temporary Resolution 11541, supporting legislation or funding for public transportation programs that provide enhanced public transportation options that reduce the adverse impact of the use of fossil fuels on the environment; directing the City Clerk to transmit a copy of this resolution to the Governor of the State of Florida, the President of the State of Florida Senate, the Speaker of the State of Florida House of Representatives, the Broward County Legislative Delegation, the Florida League of Cities, the Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County, would be added to the consent agenda as Item 6(p). Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved the addition of Items 6(o) and 6(p) to the consent agenda. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice Mayor Atkins - Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion Carried. Commissioner Bushnell asked that Item 6(n) be removed from the consent agenda for discussion. Vice Mayor Atkins -Grad seconded by Commissioner Bushnell moved approval of all items on the consent agenda, with the exception of Item 6(n) which was removed for discussion. On roll call Commissioner Bushnell voted "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVAL OF MINUTES: Approval of minutes from the November 26, 2008 regular city commission meeting. APPROVED b. TR11523 APPOINTMENT OF TWO NEW AHAC MEMBERS A Resolution of the City Commission of the City of Tamarac, Florida, appointing members to the City's Affordable Housing Advisory Committee; directing city staff to take any and all action necessary to effectuate the intent of this resolution; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION NO. R2008-177 C. TR 11531 FMTI STUDENT RIDE -ALONG: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute an Agreement between the City of Tamarac and Florida Medical Training Institute (FMTI) City Commission Regular Meeting Wednesday, December 10, 2008 Page 4 of 11 to allow Emergency Medical Services (EMS) students an opportunity to participate in a Student Ride Along program on Tamarac Fire Rescue vehicles to receive education and training in an EMS student preceptorship program for a three-year period upon the execution of the Agreement; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-178 d. TR11520-2009 LEGISLATIVE AGENDA: A Resolution of the City Commission of the City of Tamarac, Florida, approving the City of Tamarac Legislative Agenda for the 2009 Legislative Session; directing the City Clerk to send a copy of the City of Tamarac Legislative Agenda for the 2009 Legislative Session to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration. RESOLUTION NO. R2008-179 e. TR11532 EMSA STUDENT RIDE ALONG:A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute an Agreement between the City of Tamarac and Emergency Medical Sciences Academy (EMSA) to allow Emergency Medical Services (EMS) students an opportunity to participate in a Student Ride Along program on Tamarac Fire Rescue vehicles to receive education and training in an EMS student preceptorship program for a three- year period upon the execution of the Agreement; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-180 f. TR11508 RECEIPT OF AFFORDABLE HOUSING ADVISORY COMMITTEE DRAFT INCENTIVES REPORT:A Resolution of the City Commission of the City of Tamarac, Florida to receive the draft recommendations on affordable housing incentives report prepared and presented by the Affordable Housing Advisory Committee and having delivered its report, will continue reviewing i incentive strategies and finalize recommendations fulfilling its responsibility; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-181 g. TR11528 GRANT AWARD AND AGREEMENT -WATER SAVINGS INCENTIVE PROGRAM GRANT FUNDS: A Resolution of the City Commission of the City of Tamarac, Florida accepting a grant award and executing a grant agreement pending legal review between the South Florida Water Management District (SFWMD) and the City of Tamarac for the Indoor Plumbing Retrofit Project in the amount of $27,000, providing for a $30,000 match in local funds from Utilities Department staff time, for a total project cost of $57,000. RESOLUTION NO. R2008-182 h. TR71534 WIRELESS NETWORK EXPANSION TO KEY WATER TREATMENT FACILITIES: A Resolution of the City Commission of the City of Tamarac, Florida, approving the acquisition and installation of telecommunications equipment to key water treatment facilities for telemetry system integration; authorizing budget amendments for proper accounting purposes; authorizing an expenditure for an amount not to exceed $37,100, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-183 City Commission Regular Meeting Wednesday, December 10, 2008 Page 5 of 11 i. TR11436 PROJECT AGREEMENT TO PURCHASE CHEST COMPRESSION DEVICES: A Resolution of the City Commission of the City of Tamarac, Florida accepting an Emergency Medical Services grant in the amount of $62,943.75 from the Florida Department of Health, Bureau of Emergency Medical Services for Automatic Chest Compression devices and to enter into an Agreement for purchase of Chest Compression devices; authorizing the appropriate City officials to execute a project Agreement and subsequent agreements, if necessary, pending legal review and approval between the Florida Department of Health and the City of Tamarac; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-184 j. TR11510 IMPACT WINDOWS REPLACEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate city officials to award Bid No. 08-24B and execute an agreement with Sanalil Construction Inc. for removal and installation of new impact resistant windows at the Utilities building and the Water Treatment Plant in an amount not to exceed $93,513.00 from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-185 k. TR11524 PUMP STATIONS 15 AND 33 REHABILITATION - BID NO. 08-2613: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to award Bid No. 08-26B to Akerblom Contracting, Inc., and execute an agreement between the City of Tamarac and Akerblom Contracting, Inc., for an amount of $175,000.00 for the Pump Stations 15 and 33 Rehabilitation Project; approving funding for this project from the appropriate Utilities Operational accounts; authorizing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-186 I. TR11526 AWARD OF BID 09-01 B FOR JANITORIAL SERVICES: A Resolution by the City Commission of the City of Tamarac, Florida, approving the award of Bid 09- 01 B to American Facility Services, Inc., for Citywide janitorial services; authorizing the appropriate City Officials to execute an Agreement with American Facility Services, Inc.; Authorizing an annual expenditure in an amount not to exceed $243,876; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-187 M. TR11530 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT SOFTWARE: A Resolution of the City Commission of the City of Tamarac, Florida approving the purchase of Performance Management and Employee Development Software, as well as ancillary maintenance and support services from Halogen Software, Inc., and authorizing the appropriate City officials to execute an agreement utilizing a Greater Jacksonville Aviation Authority agreement for a total not to exceed $33,032.30 which includes the initial software acquisition and ancillary maintenance and support; approving funding from the appropriate account; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION NO. R2008-188 City Commission Regular Meeting Wednesday, December 10, 2008 Page 6 of 11 n. TR11535 - OMNIBUS RESOLUTION RELATED TO PRESTIGE HOMES OF TAMARAC: A Resolution of the City Commission of the City of Tamarac, Florida reassessing several aspects of the City's relationship with Prestige Homes of Tamarac, Inc., as it relates to Sabal Palm. The resolution authorizes the execution of a ground lease for a sales trailer on a portion of property that the Prestige will be dedicating to the City. It further expresses the City's support for a proposed change to the workforce housing requirements for the property as set forth in the Declaration of Restrictive Covenants; and reaffirms a number of Prestige Homes' obligations as detailed therein. REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION o. TR11539 — SUPPORTING AMENDMENTS TO THE FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS' RESPONSIBILITY: Supporting amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent condominium, co-operative and homeowners' association fees, regular assessments and special assessments on units in foreclosure and on foreclosed on units. RESOLUTION NO. R2008-189 P. TR11541 — SUPPORTING LEGISLATION OR FUNDING FOR PUBLIC TRANSPORTATION: Supporting legislation or funding for public transportation programs that provide enhanced public transportation options that reduce the adverse impact of the use of fossil fuels on the environment; directing the City Clerk to transmit a copy of this resolution to the Governor of the State of Florida, the President of the State of Florida Senate, the Speaker of the State of Florida House of Representatives, the Broward County Legislative Delegation, the Florida League of Cities, the Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. RESOLUTION NO. R2008-190 END OF CONSENT AGENDA 5n. TR11535 - OMNIBUS RESOLUTION RELATED TO PRESTIGE HOMES OF TAMARAC: A Resolution of the City Commission of the City of Tamarac, Florida reassessing several aspects of the City's relationship with Prestige Homes of Tamarac, Inc., as it relates to Sabal Palm. The resolution authorizes the execution of a ground lease for a sales trailer on a portion of property that the Prestige will'i be dedicating to the City. It further expresses the City's support for a proposed change to the workforce housing requirements for the property as set forth in the Declaration of Restrictive Covenants; and reaffirms a number of Prestige Homes' obligations as detailed therein. City Attorney Goren read Temporary Resolution 11535 by title. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval. Deputy City Manager Cernech gave a presentation. Commissioner Bushnell said she appreciated staff taking the time to educate those in the audience. Commissioner Dressler spoke of affordable housing and said it is important that the qualitative aspects of the covenants remain in place. Commissioner Glasser said the world is in a different market than it was three years ago and housing has come down a great deal. Prestige is willing to come forth with what it promised and pay as they go. Commissioner Glasser said she believes when approached, the County will confirm as well. Vice Mayor Atkins -Grad said she can not wait to see this project started. When something beautiful comes to a community, City Commission Regular Meeting Wednesday, December 10, 2008 Page 7 of 11 property values increase, and housing in Tamarac is affordable. Mayor Flansbaum- Talabisco clarified Prestige Homes will clean up the corner of Rock Island Road and Commercial Boulevard and place their sales trailer on the spot, subject to site plans and code compliance, which include landscaping and paved parking. One of the reasons the median age in Tamarac has gone down is because we have affordable housing. Mayor Flansbaum-Talabisco said she feels secure the promises made to the community will be kept and changes being made now are in the best interests of the city. Anyone who has any questions can feel free to call the Mayor and City Commission or city staff. Commissioner Bushnell added the community to be developed will not be a senior community. Many of our senior citizens do not want to live in senior communities and welcome the idea of a mixed community. City Attorney Goren clarified this resolution does not change anything until the County Commission approves the change; it is merely a statement of the City of Tamarac. This document opens the door for a specific subset of issues to the County Commission. Nothing else is being changed and this only applies to the Sabal Palm project and will come back before the Mayor and City Commission for review. City Manager Miller said there have been a lot of discussions with Prestige Homes; we have already had discussions with the School Board and worked out issues with them. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2008-191 REGULAR AGENDA 7. TR91507 APPROVAL OF CAPER -CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT: Motion to approve resolution authorizing the appropriate city officials to approve the Consolidated Annual Performance Evaluation report (CAPER FY 2007-2008) for the U.S. Department of Housing and Urban Development (HUD's) Community Development Block Grant (CDBG) programs for HUD's fiscal year 2007-2008; Case No. 20-MI-08; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Resolution 11507 by title. Vice Mayor Atkins -Grad seconded by Commissioner Dressler moved approval. Community Development Director Bramley gave a presentation. Commissioner Bushnell commended Community Development Director Bramley and the Community Development staff for the splendid job they did. Vice Mayor Atkins -Grad said it is exciting to see how much our constituents participate in our programs. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Glasser voted "yes", Commissioner Bushnell "yes", Commissioner Dressler "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2008-192 ORDINANCE — FIRST READING 8. TO2170 - RED LIGHT CAMERAS: Motion to adopt Ordinance on first reading creating Chapter 14.5 of the Code of Ordinances of the City of Tamarac to be called City Commission Regular Meeting Wednesday, December 10, 2008 Page 8 of 11 "the Tamarac Dangerous Intersection Safety Act"; and new Sections 14.5-1 through 14.5-15 providing for intent and definitions; establishing an enforcement program within the City; authorizing the City to permit and implement the use of unmanned cameras/monitoring devices for red light infractions; providing enforcement procedures, including notice, appeal hearings, penalties, imposition of administrative charges and collection; providing for exceptions; providing for codification; providing for severability; providing an effective date. City Attorney Goren read Temporary Ordinance 2170 on first reading by title. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved adoption. City Attorney Goren gave a presentation Mayor Flansbaum-Talabisco left the room at 8:41 p.m. and returned at 8:43 p.m. Commissioner Dressler confirmed we are only creating the mechanism and questioned whether there would be a discussion at a workshop prior to second reading. City Attorney Goren said it might be useful to workshop the item prior to second reading. Commissioner Dressler questioned whether this would be identified in the budget should the Mayor and City Commission decide to proceed with implementation, and City Manager Miller explained the process of putting out an RFP, selecting the vendor based on criteria, and adoption by the Mayor and City Commission. City Manager Miller explained we would look at the timing and may have to amend the current budget or budget for the item in the 2010 budget, depending on how long the process would take. Vice Mayor Atkins -Grad said she has been pressing for this for a long time; the constituents are in danger because people run red lights. Commissioner Glasser asked if it is possible to get input from Pembroke Pines, as they have everything in place and see if there are any pitfalls they encountered that we could avoid. City Attorney Goren said we could collaborate and get another government agency involved. Additionally, sign permits would be required from the County. City Manager Miller said he would have our traffic engineers discuss this with Pembroke Pines and anybody else involved and bring back a report to the Mayor and City Commission. On roll call Vice Mayor Atkins -Grad voted "yes", Commissioner Glasser "yes", Commissioner Dressler "yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING — DECEMBER 10, 2008 PUBLIC HEARINGS 7:00 PM OR THEREAFTER ORDINANCE S — SECOND READINGS There were no ordinances for second reading. QUASI-JUDICIAL HEARING(S) 9. TR11515 NEW LIFE FELLOWSHIP CHURCH: Motion to approve resolution issuing Revised Development Order No. 208.3 and granting New Development Site Plan approval for the New Life Fellowship Church project to allow the construction of a 13,308 square foot church facility with associated parking, landscaping, and infrastructure improvements, for the property located at 6100 Rock Island Road on the City Commission Regular Meeting Wednesday, December 10, 2008 Page 9 of 11 southeast corner of Bailey Road and Rock Island Road; (Case No. 10-SP-07); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. City Manager Miller stated he had received a request from the New Life Fellowship Church asking to continue this matter to the January 28, 2008 meeting. Commissioner Dressler seconded by Commissioner Glasser moved to table Temporary Resolution 11515 to the January 28, 2008 City Commission meeting, at or after 9:00 a.m. 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 TABLED TO THE JANUARY 28, 2008 CITY COMMISSION MEETING — AT OR AFTER 9:00 A.M. 10. TR11533 TAMARAC MEDICAL CENTER: Motion to approve resolution issuing Revised Development Order No. 292.4 and granting Major Revised Site Plan approval to allow for the construction of a 1,680 square foot addition to the existing Tamarac Medical Center with associated parking and landscaping modifications, located at 8290 North University Drive on the east side of University Drive, north of 82nd Street, (Lots 9 and 10, less the West 40 feet thereof, Block 12, Lyons Commercial Subdivision No.3, according to the plat thereof as recorded in Plat Book 76, Page 31, of the Public Records of Broward County, Florida) (Case No. 8-SP-08); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Resolution 11533 by title. Vice Mayor Atkins -Grad seconded by Commissioner Dressler moved approval. City Attorney Goren explained the quasi- judicial procedures. City Clerk Swenson swore in those wishing to speak on the matter. Community Development Director Bramley gave a presentation. Vice Mayor Atkins - Grad asked if the trees were being removed and whether a wall would be built. Community Development Director Bramley said the trees would remain and there is currently a wall. Commissioner Bushnell asked if more lighting would be required in the parking areas and Community Development Director Bramley said she would look into that. Commissioner Dressler confirmed there would be no issue regarding open space. Mayor Flansbaum-Talabisco confirmed there would be 55' behind the addition to the existing wall. Mayor Flansbaum-Talabisco opened the public hearing. Linda Sarco, 8209 NW 75 Avenue, expressed concern about damage to pools and house structures, as well as settling foundations and cracking roof tiles due to impending construction. Ms. Sarco expressed concern about the maintenance of the trees and overflowing trash and illegal dumping on the site. Community Development Director Bramley said the construction issues will be addressed during the permitting process. We can talk to the owner regarding illegal dumping and securing the dumpster, as well as trimming the trees. Commissioner Dressler said he understands the residents' concerns regarding the construction and questioned what would impact the pools or the structures? City Clerk Swenson swore in Building Director Grande, who then said this is a minor construction and there is 55' to the property line. As such, there should be no issues regarding existing pools or homes, compared to the previous construction of the storage facility which was a much bigger job. The city will monitor the process during construction and if an issue arises, we will address it right away. Commissioner Dressler addressed the illegal dumping and suggested if Ms. Sarco has issues she City Commission Regular Meeting Wednesday, December 10, 2008 Page 10 of 11 1 1 should call Commissioner Dressler, as the city just adopted comprehensive code processes. With no one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. Graham Geralds, Architect, 2849 Ravenswood Road, appearing on behalf of the applicant gave a presentation. Commissioner Dressler asked what we can require of the applicant as it pertains to the trees and Community Development Director Bramley said we can require them to trim the trees; we can withhold the C.O. until the trees are taken care of. City Manager Miller suggested conversations should be held with the owner to increase trash pickup; there is no excuse for the overflowing dumpster, and the Architect should take that information to the owner. If there is no improvement, we will send code enforcement to the property. Mayor Flansbaum- Talabisco said this is part of the medical corridor and she would like to have assurance that the Architect will pass this information on to the applicant. City Attorney Goren asked Mr. Geralds if, by his acceptance, he is able to bind the applicant to the requirements being proposed by staff and Mr. Geralds said he would speak with the applicant. City Attorney Goren confirmed everything but the trash would be agreed to and will bind the applicant to those obligations. On roll call Commissioner Dressler voted "yes", Vice Mayor Atkins -Grad "yes", Commissioner Glasser 'yes", Commissioner Bushnell "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2008-193 END OFQUASI-JUDICIAL HEARING(S) END OF PUBLIC HEARING(S) 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 9:17 p.m. Marion Swenson, CMC City Clerk Beth Flansbaum-Talabisco, Mayor City Commission Regular Meeting Wednesday, December 10, 2008 Page 11 of 11