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HomeMy WebLinkAbout2006-12-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY DECEMBER 13, 2006 Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, December 13, 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: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Commissioner Patte Atkins -Grad led the pledge of allegiance. Mayor Flansbaum-Talabisco said this is the last commission meeting of 2006, and welcomed David Grad, Helen Portner, Jack Talabisco, family friend from New York Bob Clamat, and Sylvia Sultanof. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Senator Jeremy Ring thanked those who voted for him, said he is very happy to represent the City of Tamarac and is working hand in hand with the Commission on various projects. Senator Ring said he plans on being visible and active; his main office will be in Margate City Hall but he will have traveling offices in 45 communities and each morning he will work out of a different community. Senator Ring spoke of a pilot program in Kings Point; wherein state and local agencies come together for the residents, and if this program is successful he would like to roll it out to other communities. Senator Ring informed the Mayor and City Commission that there will be a special session in January regarding insurance and many proposals have been put forth. Senator Ring said he looks forward to working with the City Manager on Tamarac's legislative agenda, thanked. the Mayor and City Commission for their time and said he has high hopes for a great four years. Senator Ring acknowledged his staff, Lori Schuster, Tyler Hogan, Shelley Plotnick (husband of Representative Ad Porth's assistant Laurie Plotnick), and Ralph Baer, and said he would be moving into his Margate office December 19. b. Presentations by Mayor and City Commission of Veterans' Day Parade Trophies: (i) Mayor's Cup: Taravella High School Band - Neil Jenkins, Band Director (accepted by Director of Parks and Recreation Warner). Mayor Flansbaum-Talabisco said Taravella has been acclaimed nationwide and performed for the Queen in England. (ii) Vice Mayor's Cup: Tamarac Elementary School - Nancy Seiler, Principal accepted. December 13, 2006 Page 1 of 12 (iii) Commissioners' Cup: Tamarac Bulldogs, Sue Cohen accepted. Ms. Cohen said this special population organization was invited to the City of Tamarac 10 years ago, and the City has been kind enough to allow them to use Tamarac facilities for their activities. Ms. Cohen thanked the Mayor and City Commission and City for giving the Tamarac Bulldogs the feeling that Tamarac is their home away from home. C. Mayor Flansbaum-Talabisco presented Public Information Officer Crockett with a proclamation commending Public Information Officer Crockett for her efforts on behalf of the City of Tamarac and wishing her well in future endeavors. City Manager Miller said he wanted to take this opportunity to recognize Public Information Officer Crockett for everything she has done for the City of Tamarac. Public Information Officer Crockett served as liaison to the Public Information Committee and has done a great job getting the Tam -A -Gram out to the public. People do not realize that Public Information Officer Crockett received many calls in the middle of the night regarding BSO and fire emergencies. Public Information Officer Crockett has given the City of Tamarac six dedicated years of service. Mayor Flansbaum-Talabisco added Public Information Officer Crockett is not leaving Tamarac for another Broward County City, but is moving to North Carolina to be closer to her family, which we can all respect and understand; however, Public Information Officer Crockett will be sorely missed. Public Information Officer Crockett thanked the Mayor and City Commission for the proclamation and said she was both surprised and honored, and she will always remember Tamarac as a great place to live and work. REPORTS 2. City Commission: Mayor Flansbaum-Talabisco welcomed everyone to the meeting and said next time we meet it will be 2007. Mayor Flansbaum-Talabisco wished everyone a healthy and happy new year. Mayor Flansbaum-Talabisco said the holiday spirit prevails throughout Tamarac, with many celebrations; the holiday tree lighting ceremony, Christmas with Santa, and numerous holiday events. Mayor Flansbaum-Talabisco said she played 'elf to Commissioner Dressler's 'Santa' at the Sunflower/Heathgate Community event, which exuded a true community spirit. Mayor Flansbaum-Talabisco thanked the departments who make our community events spectacular each year — Parks and Recreation, Utilities, BSO, and Public Works. Mayor Flansbaum-Talabisco congratulated City Manager Miller on his election as president of the City Managers' Association of Broward County and thanked the public for attending tonight's meeting and supporting the Mayor and City Commission. Mayor Flansbaum- Talabisco said this Commission has been working together beautifully for 9 months and the best is yet to come. She is grateful and. appreciative to be working with this fine group of people; feedback from the community is very complimentary to this Board. Vice Mayor Portner said it has been a privilege working with Public Information Officer Crockett over the past years, and acknowledged Ben Chicofsky who was instrumental in bringing the Tam -A -Gram to the residents for the past 23 years. Vice Mayor Portner wished everyone a happy and healthy holiday season and a happy and healthy 2007. Vice Mayor Portner said yesterday the County Commission passed by majority vote, the development of Sabal Palm and Monterey golf courses; many constituents showed up, and Vice Mayor Portner said the best is yet to come and in the end the residents will be December 13, 2006 Page 2 of 12 happy. Vice Mayor Portner said he understands the problems associated with construction; 40 years ago residents encountered these same problems. Vice Mayor Portner thanked the Mayor and City Commission for working with him these past years. Commissioner Atkins -Grad said it breaks her heart to see Public Information Officer Crockett leave Tamarac. Commissioner Atkins -Grad wished everyone a happy holiday and said she hoped the coming year brings everyone something they want. Commissioner Sultanof said he will miss Public Information Officer Crockett; she has done a fabulous job. Commissioner Sultanof said Tamarac is in the redevelopment phase and the younger generation must step up and take our place, and we must help them. Commissioner Sultanof said as a delegate for the MPO he is proud to report in the next 15 years an additional 1,700,000 people will come to Broward County. Because of our due diligence Tamarac will get $8,700,000 in federal and state funds for 2006-2009. Commissioner Sultanof expressed concerns about community activists, and defined activism as the practice of infusing direct, vigorous action in support of or contrary to controversial issues, with honesty, truthfulness and integrity. If anyone disagrees with what is going on in Tamarac, they should say so but not distort the facts. This is the best commission Tamarac has had in 14 years and we have accomplished more than most people think. Tamarac is alive and it is important to know the facts. In 1939, one man in Europe said if a lie is repeated often enough people will begin to believe it. Commissioner Sultanof said everyone should be proud of where we live; Tamarac is outstanding and the fastest growing city in Broward County. We attract developers of all kinds. This commission intends to move forward and make sure our residents live comfortably and are taken care of; when Commissioner Sultanof leaves office in 2008 he hopes he is remembered for doing well. Commissioner Sultanof wished everyone a happy Hanukkah. Commissioner Dressler said he will miss Public Information Officer Crockett and wished her and her family all the best. Commissioner Dressler acknowledged Audrey Morrison, a young constituent from District 4 who was in the audience, and said this young lady represents the future of Tamarac. Commissioner Dressler said he was fortunate to be asked to play Santa Claus and spent several hours at Sunflower/Heathgate; it was a very heartwarming experience and defined what a sense of community means and what public service is all about. Commissioner Dressler thanked the residents of Sunflower/Heathgate for inviting both he and the Mayor to the event, which consisted of multiple events going on at one time. Commissioner Dressler acknowledged Margaret Dorman, Gail Morrison, Phyllis Shaw, and Barbara Neal and said without their selfless donation of time and energy the community would not have had such a marvelous event. It was an experience of a lifetime for him. Commissioner Dressler said in the spirit of the Christmas season and on behalf of himself and his family, he wished everyone a healthy, prosperous, and happy Christmas, Hanukkah, Kwanzaa, and any other holiday one chooses to observe. Mayor Flansbaum-Talabisco added there are four districts in Tamarac and the audience has heard from each district commissioner as well as herself, and has seen and heard this Board cares about each district, whether it is their own or another commissioner's. In the past, the Commission was more territorial and it is nice to have an open feeling December 13, 2006 Page 3 of 12 and be productive and positive. All the Commissioners speak from their hearts and share with each other and the residents what goes on in each district. The current Commission is made up of people of different ages; Vice Mayor Portner and Commissioner Sultanof have served the longest and have a tremendous insight about Tamarac, and share their life experiences with the rest of the commission. In terms of the entire City, we must face hard decisions each day for the benefit of our juniors, seniors and in-betweeners. We are going forward with a 5-20 year plan that changes the nature of things to come, and we do this with a full heart and the best intent. 3. City Attorney: City Attorney Goren wished everyone a happy holiday season. 4. City Manager: City Manager Miller recognized Purchasing/Contracts Manager Glatz who is now a Certified Purchasing Manager and Certified Purchasing. Agent. Additionally, Purchasing/Contracts Manager Glatz was re-elected president of the Southeast Purchasing Managers' Association. Social Services provided Thanksgiving meals for 42 needy families in the City of Tamarac, with local and county donations as well as donations from fellow employees. Over 1,100 runners participated in the Turkey Trot through the Woodmont communities. The event was a huge success, and City Manager Miller thanked the residents of Woodmont. City Manager Miller wished everyone a happy and healthy holiday. PUBLIC PARTICIPATION 5. PUBLIC PARTICIPATION: Richard Robbins, 8711 NW 76 Court, Tamarac said the association is in support of the S-2 Classification. CONSENT AGENDA 6. Vice Mayor Portner seconded by Commissioner Dressler moved the removal of Item 6(m), TR 11112, from the consent agenda. On roll call Commissioner Sultanof voted "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", and Vice Mayor Portner "yes". Motion carried. City Manager Miller said Seawood Builders has made major progress over the past week and he recommends keeping them on the job until it is done; the facility is close to completion. City Attorney Goren said the withdrawal of the Resolution from the Consent Agenda in no way compromises the City's right to protection. Commissioner Dressler seconded by Commissioner Sultanof moved approval of all remaining items on the consent agenda. On roll call Commissioner Atkins -Grad voted "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", Vice Mayor Portner "yes", and Commissioner Sultanof "yes". Motion carried. a. APPROVE the minutes of the November 22, 2006 Regular City Commission meeting. APPROVED December 13, 2006 Page 4 of 12 1 b. APPOINTING ONE RESIDENT TRUSTEE TO FIREFIGHTERS' PENSION BOARD: (TR11076) Appointing one resident trustee to the Firefighters' Pension Board to serve a two-year term ending January 8, 2009. RESOLUTION NO. R2006-222 C. APPOINTING ONE RESIDENT TRUSTEE TO POLICE PENSION BOARD: (TR11077) Appointing one resident trustee to the Police Pension Board for a two-year term ending January 8, 2009. RESOLUTION NO. R2006-223 d. RENEWAL - UTILITY BILLING SERVICES AGREEMENT -- ADVANCED XEROGRAPHICS IMAGING SYSTEMS AXIS INC.: (TR11103) Exercising the second renewal option to the existing agreement to provide utility billing services between the City of Tamarac and Advanced Xerographics Imaging Systems (AXIS), Inc. for a period of one year commencing on January 1, 2007 and ending on December 31, 2007, at a unit cost of $0.1314 per bill. RESOLUTION NO. R2006-224 e. FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR BUILDING INSPECTION AND RELATED SERVICES: (TR11108) Executing the First Amendment to Interlocal Agreement between the City of Pembroke Pines and the City of Tamarac for Building Inspection and Related Services to be performed by the City of Pembroke Pines in the event there is a staff shortage at a rate of Sixty -Four and 33/100 Dollars ($64.33) per hour and an overtime rate of Eighty -Seven and 90/100 Dollars ($87.90) for building inspection services. RESOLUTION NO. R2006-225 f. GUARDRAIL AND BARRIER WALL AT MAINLANDS DRIVE AND COMMERCIAL BOULEVARD: (TR11106) Approving the purchase and installation of guardrail and barrier wall from Weekley Asphalt Paving, Inc., at a cost not to exceed $46,900.00, located at Mainlands Drive and Commercial Boulevard, utilizing the Broward County, Florida Price Agreement Contract for the General Roadway and Miscellaneous Construction, Bid No. HZ-05-376-B1; approving funding from the appropriate capital improvement account. RESOLUTION NO. R2006-226 g. UPGRADING THE CITY'S STORAGE AREA NETWORK: (TR11088) Purchasing new storage equipment to expand the City's storage area network from CDW-G, utilizing State of Florida Contract #250-000-03-1; authorizing an expenditure in an amount not to not to exceed $73,912.80. RESOLUTION NO. R2006-227 h. PURCHASING TIRES FOR CITY -OWNED VEHICLES AND EQUIPMENT: (TR11105) Purchasing tires from Martino Tire Company for routine and emergency tire replacement to City vehicles and equipment, utilizing Florida Sheriff's Association Bid Award No. 05/6-02-0105; authorizing the purchase of tires in the quantities needed based on the Goodyear Tire and Rubber Company net price list; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2006-228 December 13, 2006 Page 5 of 12 i. PURCHASE OF WATER METER FITTINGS WATER LINE ACCESSORIES AND METER BOXES: (TR11109) Utilizing the City of Deerfield Beach Bid Number 2005-06/14, entitled "Water Meter Fittings and Water Line Accessories" issued on behalf of the Southeast Florida Governmental Purchasing Group; authorizing the purchase of water meter fittings, water line accessories and meter boxes in an amount not to exceed $90,000. RESOLUTION NO. R2006-229 j. AGREEMENT BETWEEN ARTSERVE AND THE CITY OF TAMARAC: (TR11102) Executing the license agreement between the City of Tamarac and ArtServe providing for the use of City facilities in the provision of cultural arts programming. RESOLUTION NO. R2006-230 k. YOUTH SPORT LEAGUES AGREEMENTS: (TR11107) Approving the form agreement with the City's Youth Sport Leagues to provide for organized youth sports activities in the City of Tamarac; delegating the authority to the City Manager to approve future agreements with the Sports Leagues; further authorizing the appropriate City officials to execute such agreements between the City of Tamarac and the City's Youth Sport Leagues. RESOLUTION NO. R2006-231 I. PLANNING SERVICES AGREEMENT — MICHELE MELLGREN & ASSOCIATES: (TR11111) Executing a change order and ratifying the existing agreement for the City of Tamarac and Michele Mellgren & Associates, Inc. to provide continuing planning services for the City of Tamarac (Case No. 18-MI-06). RESOLUTION NO. R2006-232 M. TERMINATION OF CONTRACT BETWEEN CITY OF TAMARAC AND SEAWOOD BUILDERS FOR CONSTRUCTION OF AQUATIC CENTER: (TR11112) Terminating the contract between City of Tamarac and Catalfumo Construction, L.L.C. d/b/a Seawood Builders for construction of the Caporella Aquatic Center; making certain findings and conclusions; authorizing the City Manager, City Attorney, and authorized City staff to take appropriate actions consistent with this Resolution. REMOVED FROM AGENDA END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE — FIRST READING 7. AMENDING SECTION 10-183 OF THE CITY OF TAMARAC CODE OF ORDINANCES — MINIMUM DESIGN CRITERIA FOR CUL-DE-SACS: (TO2128) Motion to adopt Ordinance on first reading amending Chapter 10 entitled, "Land Development Regulations", Article V, "Improvements", Division 2, "Roads and Public Rights -Of -Way", Section 183, "Minimum Design Criteria", of the Code of Ordinances of the City of Tamarac, Florida to revise the minimum design criteria for cul-de-sacs; providing for findings and conclusions evidencing the intent of the City Commission to revise the aforesaid design criteria (Case No. 17-Z-06); providing for codification. City Attorney Goren read Temporary Ordinance 2128, Rev. #2 on first reading by title. Vice Mayor Portner seconded by Commissioner Dressler moved approval. Deputy City Manager/Interim Director of Community Development Cemech responded to Commissioner Sultanof and clarified the recommended length is 1,500' and the December 13, 2006 Page 6 of 12 Ordinance allows for the City Engineer, Community Development Director and Fire Marshall to increase the length if needed. 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 DECEMBER 13, 2006 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER 8. CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT CAPER FOR FY 2005-2006: (TR11083) Motion to approve Resolution approving the Consolidated Annual Performance Evaluation Report (CAPER FY 2005-2006) for the U.S. Department of Housing & Urban Development (HUD)'s Community Development Block Grant (CDBG) Programs for HUD's Fiscal Year 2005-2006; Case No. 17-MI-06. City Attorney Goren read Temporary Resolution 11083 by title. Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval. Mayor Flansbaum-Talabisco opened the public hearing. City Manager Miller explained the report is required to give the status of the housing rehabilitation program to the federal granting agency. Vice Mayor Portner said this is our federal tax dollars at work. With no one wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. 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. RESOLUTION NO. R2006-233 ORDINANCE_- FIRST READING (PUBLIC HEARING) 9. ANNEXATION OF THAT PORTION OF UNINCORPORATED BROWARD COUNTY KNOWN AS THE BONIELLO GARDENS, PROSPECT BEND, CONTINENTAL PLAZA ANNEXATION AREAS: (TO2127) Motion to adopt Ordinance on first reading submitting to referendum the annexation of that portion of unincorporated Broward County known as the Boniello Gardens, Prospect Bend, Continental Plaza Annexation Areas, legally described in Exhibit "A" which is attached hereto; providing for notice of advertisement of the referendum election to be published in accordance with the laws of the State of Florida, the Code of Ordinances, and the Charter of the City of Tamarac, Florida; providing that this Ordinance, when adopted, shall be submitted to the qualified electors of the area proposed to be annexed, on the March, 2007 election ballot, and shall become effective as provided by the law; providing for the place and places where said election is to be held. City Attorney Goren read Temporary Ordinance 2127 on first reading by title. Vice Mayor Portner seconded by Commissioner Atkins -Grad moved approval. Mayor Flansbaum-Talabisco commended Vice Mayor Portner, who championed this ordinance, and added because of Vice Mayor Portner's tireless efforts and the help of staff and the City Attorney, this will be a positive move for Tamarac. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. City Manager Miller explained this is for the annexation of smaller, selective properties in the eastern portion of Tamarac in the general area of the Executive Airport and Commercial Boulevard. Vice Mayor Portner asked how much tax money these properties would generate and Economic Development Officer Bems responded $60,000 - $300,000. On roll call Commissioner Atkins -Grad voted "yes", Vice Mayor Portner "yes", Mayor December 13, 2006 Page 7 of 12 Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", and Commissioner Dressler "yes". Motion carried. ADOPTED ON FIRST READING DECEMBER 13, 2006 ORDINANCES — SECOND READINGS 10. 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. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. Deputy City Manager/Interim Director of Community Development Cernech said this is the last time he would appear before the Mayor and City Commission as Interim Community Development Director; the new Community Development Director will be on board after the New Year. Deputy City Manager/Interim Director of Community Development Cernech said it has been a pleasure serving the Mayor and City Commission in this capacity and thanked Planning and Zoning Manager Ross, Housing Administrator Bauldree, Administrative Coordinator Prescott, Planning Coordinator Spitzer, GIS Manager Feagin, Sr. Occupational License Specialist Yacobellis and Occupational License Specialist Michael for doing an admirable job under less than desirable circumstances, due to staffing shortages. Deputy City Manager/Interim Director of Community Development Cernech also thanked Assistant City Manager Phillips, Executive Assistant Thalenfeld and Administrative Coordinator Skenandore, from the City Manager's office. Mayor Flansbaum-Talabisco thanked Deputy City Manager/Interim Director of Community Development Cernech for providing the Mayor and City Commission with information in a timely fashion during his tenure as Interim Director of Community Development. Deputy City Manager/Interim Director of Community Development Cernech gave a presentation and thanked Michelle Mellgren and Associates, the land planning firm that worked closely with the City on this project, as well as Planning and Zoning Manager Ross. Commissioner Dressler confirmed this ordinance addresses the city as a whole, and would involve specific scale and design in keeping with the ambiance of each community, and questioned at what point the 100' would be measured. Deputy City Manager/Interim Director of Community Development Cernech explained the clubhouses in S-1 districts, for which this ordinance is contemplated, are all similar in construction. There is an elevation and drive up to the entrance. Because of the size of the property in Woodmont, it is incumbent upon a developer to tear down the existing clubhouse and build a hotel on the site, and the height will be measured from grade. Commissioner Dressler confirmed the developer's agreement would have to be entered December 13, 2006 Page 8 of 12 into before the application for rezoning and there will be a process for community input into the development agreement. Commissioner Dressler confirmed this document is a general instrument to aid in efforts to communicate with those affected and to maintain the golf course feeling of the community and open space. City Attorney Goren explained the ordinance requires a developer's agreement and a public hearing. Additionally, the document will be recorded against the property providing additional protection for those affected; this document is a blueprint that sets forth the intent of the Mayor and City Commission. It has been reviewed by outside professionals. Vice Mayor Portner asked how many stars a higher level hotel would have and if the ordinance would prevent development without a hotel. Deputy City Manager/Interim Director of Community Development Cemech responded three stars or above, which would most likely be a Marriott, and the ordinance speaks to a resort hotel; the ordinance does not prohibit any other development. Mayor Flansbaum-Talabisco opened the public hearing. Burt Schneider, 8016 NW 72 Street and Richard Robbins, 8711 NW 76 Court, spoke in favor of the ordinance as long as the golf courses will remain and the hotel will be the only development, and opposed the 100' height. Dr. Theodore Schwartz, 7810 Banyan Terrace said the ordinance is not restrictive enough and objected to the 100' height. Estelle Birkin, 7407 Corkwood Circle asked to have the item tabled until more information is brought to the community. Gene Barkin, Woodmont, said the residents were not properly informed. Barry Purcell, 7730 Banyan Terrace, spoke against the 100' height. Kenny Hyman, 8858 Buttonwood Circle spoke about concerns with traffic, noise and the 100' height. Alan Freedman, 7525 Banyan Way questioned the footprint and possible loss of the golf courses. Charles Nottingham, 7800 Banyan Terrace spoke of home values and said a driving range is needed for the golf course. Bob Thiebedeau, 8772 NW 75 Court expressed concern about condominiums and townhouses being built on the property. Addressing the public's comments: Commissioner Sultanof said there are currently 4-story buildings in Tamarac. Mayor Flansbaum-Talabisco questioned the height of the Woodlands and Woodmont Country Clubs and Deputy City Manager/Interim Director of Community Development Cernech said from the front of the structures, 20' of the fagade is seen; from the rear, 40'-50' is seen. Commissioner Dressler said staff and this Commission worked tirelessly on the ordinance and construction of the developer's agreement, and the Mayor and City Commission share the public's concerns. Commissioner Dressler said he cares about the community; he is a resident of Woodmont and quality of life is important to him; he in is contact with people in the community about their concerns, and he will not allow depreciation of property values or quality of life in the community. Additionally, from an economic development viewpoint, the City has an obligation to do something that will benefit everyone. December 13, 2006 Page 9 of 12 Mayor Flansbaum-Talabisco confirmed if an application comes before the Mayor and City Commission and there is a height issue, the maximum height can be changed through the developer's agreement, and that is important for everyone to remember; this Commission struggles with issues in City golf course communities. Staff worked long and hard to try to come to the best and most reasonable ordinance and agreement. It is incumbent that this Commission work with staff and the private sector and look at the big picture. We do not want any clubs to go under. Mayor Flansbaum-Talabisco questioned notification of meetings to which City Attorney Goren responded it is a legislative function of the Mayor and City Commission when adopting an ordinance that affects the entire City. Any applicant who owns property and seeks to rezone that property must notify the public; this global document affects the entire City. Legal notification is one step in the larger picture. Mayor Flansbaum-Talabisco said this is a tool in our tool box; if something comes forward there will be a public hearing. There is nothing in the pipeline at the moment. Mayor Flansbaum-Talabisco said she understands the fear factor but we must start with something. Commissioner Dressler said he attended the monthly Woodmont Property Owner meetings and does not remember a meeting in the last 9 months that did not address some aspect of the status of the property at Woodmont County Club. There have been rumors and concerns, but Mr. Schneider has made every effort to make sure those attending the meetings get the full story. Uncertainty is most troubling, and the best thing the Mayor and City Commission can do is to establish a procedure and add an additional level of protection through the developer's agreement. Mayor Flansbaum-Talabisco confirmed if a clubhouse is knocked down the mound can be leveled. Vice Mayor Portner said he is pro development, but with reservations. Developers are in business to make money; to erect a structure under 10 stories is a losing proposition. Vice Mayor Portner said he does not see Tamarac as a resort destination and does not feel this ordinance is good for the City or for Woodmont. Commissioner Dressler said every conversation with staff and legal counsel is based upon issues from the people in the community, and this ordinance has come out of those conversations. A tremendous amount of work has gone into this to provide guidelines and maximize community input. Commissioner Dressler said as a courtesy to Vice Mayor Portner at the last meeting he was happy to go along with tabling the item, but when it came up for discussion at Monday's workshop meeting, nothing was said. Commissioner Dressler said it is his belief that this document will work in the peoples' best interests, and confirmed there is no discussion at this time regarding a hotel, between any developer and staff. Commissioner Sultanof said he represents the entire City regardless of his district, and it is important to understand we are trying to make sure the entire City falls under this ordinance; this is a tool to protect us. December 13, 2006 Page 10 of 12 Vice Mayor Portner said he suggested the clubhouse be torn down and a new one built with all amenities included, as well as a second story to house guests, and he would like a developer to come to the City with a plan that is more sensible for the community. Mayor Flansbaum-Talabisco said this issue came before her when she campaigned for Mayor, and she promised everyone she would do whatever she could to protect the integrity of the neighborhoods. It is not just a matter of height. This ordinance along with the developer's agreement will protect the City and will be a tool in our tool box; maybe someone will be creative and come up with something that will help the clubs in trouble. So far there is nothing in the pipeline. With no one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. On roll call Vice Mayor Portner voted "yes", Commissioner Dressler "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", and Commissioner Sultanof "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 8, 2006 TABLED AT THE NOVEMBER 22, 2006 REGULAR CITY COMMISSION MEETING TO DECEMBER 13, 2006 AT OR AFTER 7:00 P.M. ADOPTED ON SECOND READING DECEMBER 13, 2006 ORDINANCE NO. 0-2006-20 11. AMENDING ARTICLE VI OF THE CODE ENTITLED LAND DEVELOPMENT AND CONSISTENCY STANDARDS: (TO2126) Motion to adopt Ordinance on second 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 second reading by title. Vice Mayor Portner seconded by Commissioner Sultanof moved approval. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Atkins -Grad "yes", Mayor Flansbaum-Talabisco "yes", Commissioner Dressler "yes", and Vice Mayor Portner "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 22, 2006 ADOPTED ON SECOND READING DECEMBER 13, 2006 ORDINANCE NO. 0-2006-21 QUASI-JUDICIAL HEARING 12. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN — COMMERCE BANK PROJECT: (TR11092) Motion to approve Resolution issuing Revised Development Order No. 336.1 and granting Major Revised Site Plan approval for Commerce Bank to allow the demolition of the existing, abandoned bank building and the construction of a 4,260 square foot bank building with five (5) rear drive-thru lanes, along with landscaping and infrastructure improvements, and authorizing the appropriate City Officials to accept and execute a Blanket Public Safety Ingress/Egress Easement with Saul Strachman, Grantor and Owner of the subject property, for the December 13, 2006 Page 11 of 12 Commercial Bank Project located at 7001 West Commercial Boulevard, specifically Tract "A" of the Tamarac Financial Plat, according to the Plat thereof as recorded in Plat Book 104, Page 49B of the Public Records of Broward County, Florida; authorizing and directing the City Clerk to record said Agreement in the Public Records of Broward County, Florida (Case No. 11-SP-06) providing for conditions of approval. City Attorney Goren read Temporary Resolution 11092, Revision 1 by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren explained the quasi judicial procedures and said any affected member of the public has the right to be heard, and all documents presented for this item are on the table for review. Attorney Keith M. Poliakoff waived his quasi-judicial rights on behalf of the owner. Deputy City Manager/Interim Director of Community Development Cernech gave a presentation. Attorney Poliakoff said this banking institution pioneered the concept of 7-day banking and extended hours of operation. Attorney Poliakoff also spoke about the murals inside each individual bank and said this is a unique concept that will depict something representative of the City; the bank will work with City staff to find a unique topic for the mural. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. Commissioner Sultanof questioned the approach from 57th Street and Attorney Poliakoff said ingress and egress will be on 70th and Commercial Blvd. Commissioner Dressler said he has had extensive involvement in the financial services industry and this banking group enjoys the highest of reputations. Commissioner Atkins -Grad said she can not wait until this bank is built and she is, on behalf of her district, happy to have them come to Tamarac. Mayor Flansbaum-Talabisco welcomed the bank and confirmed there would be landscaping as a buffer to the community. On roll call Commissioner Dressler voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Atkins - Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2006-234 END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the meeting at 10:25 p.m. -,Marion Swenson, CM City Clerk December 13, 2006 Page 12 of 12 Beth Flansbaum-Talabisco, Mayor