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HomeMy WebLinkAbout2002-06-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JUNE 26, 2002 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:15 a.m. on June 26, 2002, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Joe Schreiber, Vice Mayor Edward C. Portner, Commissioner Gertrude Mishkin, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance. Mayor Schreiber moved out of the regular order of business to take up Item 2. 2. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming June 2002 as National Homeownership month. Community Development Director King accepted. b. Presentation by Mayor Schreiber of a proclamation declaring the 21 days from Flag Day through Independence Day as a period to honor America, known as the "Twenty-one Day Salute". Special Events Manager Charlene Nevadomski accepted. C. Presentation by Mayor Schreiber of a proclamation proclaiming July 2002 as Parks and Recreation month. Brian Beaton, Chair of the Parks and Recreation Board, accepted. d. Presentation by Mayor Schreiber of a proclamation congratulating Suzanne Chesser for being named Small Business Person of the Year 2002 for the Tamarac Chamber of Commerce. Ms. Chesser accepted. e. Presentation by Mayor Schreiber of a plaque naming the City of Tamarac Tree City USA. Project Manager Dupuis accepted. Mayor Schreiber spoke about a tree ordinance for Tamarac. Mayor Schreiber acknowledged County Commissioner Ilene Lieberman, who was in the audience. June 26, 2002 1 Revised July 5, 2002 1. LEGISLATIVE UPDATE by State Representative Nan H. Rich, District 97. Representative Rich spoke about adoption of the FY02-03 budget, cabinet reorganization, rewrite of the school code, reapportionment of districts, health insurance, and the environment. Representative Rich said as a result of reapportionment she would not represent Tamarac in the next legislative session, but she appreciates the support and confidence received from the Mayor and Commissioners. Tamarac will always be in her heart and mind. Mayor Schreiber congratulated Representative Rich for her efforts on behalf of Tamarac. Commissioner Portner asked for an explanation of funding for recurring programs, and Representative Rich explained the use of non -recurring monies for recurring policies. 3. PUBLIC PARTICIPATION: Odiel Feyers, 7421 NW 70th Avenue, Tamarac, spoke about speeding on 70,nAvenue, and asked for stop signs to be placed on 701h Avenue. Mr. Feyers presented a rendering to the Commissioners indicating the requested locations. REPORTS 4. City Commission: Commissioner Roberts said she discussed Mr. Feyers' proposal for stop signs with Public Works and Tamarac is working with the County on this; however, she did not believe the County was in agreement. Commissioner Roberts asked everyone to drive carefully as school is out, and said the repaving on Southgate looks very good. Vice Mayor Portner reported that this past week two dignitaries visited Tamarac from Fatsa, Turkey, and thanked City Manager Miller, City Attorney Kraft, Department Directors, BSO Chief Dugger, Lt. Friel, and the Mayor and Commission for establishing a cultural exchange with Fatsa. Commissioner Sultanof said until one visits other countries, it is hard to fully appreciate this country. Commissioner Sultanof said Turkey has been a staunch ally of the United States and he was delighted to meet the dignitaries from Turkey. Commissioner Mishkin said she thoroughly enjoyed meeting the dignitaries from Turkey and looks forward to seeing them again in the future. Mayor Schreiber said there is an old saying, "there is no place like home", and this country is superior to any other place in the world. Mayor Schreiber said he enjoyed hosting the dignitaries of Turkey and expects that both Tamarac and Fatsa will profit from this visit. Mayor Schreiber spoke about the senior homestead exemption, and said out of 30 cities in Broward County, 22 cities have approved the Senior Homestead Exemption and eight have not; Tamarac is one of the eight. Mayor Schreiber said Tamarac has been designated an elder ready community, and it is time to approve the senior homestead exemption. 5. City Attorney: City Attorney Kraft had no report. June 26, 2002 2 Revised July 5, 2002 6. 'City Manager: City Manager Miller introduced two new Community Development employees, Wayne Thies, Planning and Zoning Manager and Paige Mathes, Planner. City Manager Miller invited everyone to attend the July 4t celebration at the Tamarac Sports Complex from 6:00 p.m. — 9:30 p.m., and enjoy the spectacular show of fireworks. Mayor Schreiber moved out of the regular order of business to take up Item 11. SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS: (TO1968) Motion to adopt Ordinance on second reading authorizing the creation of safe neighborhood improvement districts pursuant to Section 163.501-et seq., Florida Statutes known as the "Safe Neighborhoods Act" providing for conflicts; providing for severability; and providing for an effective date. City Attorney Kraft read Temporary Ordinance 1968 on second reading by title. Vice Mayor Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Partner voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "no", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2002-13 CONSENT AGENDA 7. Vice Mayor Portner seconded by Commissioner Sultanof moved the addition of Temporary Resolution 9828 to the consent agenda as item 7(q). Temporary Resolution 9828, a Resolution of the City Commission of the City of Tamarac, Florida, supporting the proposed extension of the south runway 9R/27L at the Fort Lauderdale — Hollywood International Airport; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Kraft read Temporary Resolution 9828 by title. On roll call Vice Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion approved. City Attorney Kraft left the Chambers. Commissioner Roberts seconded by Vice Mayor Portner moved the addition of Temporary Resolution 9837 to the consent agenda as item 7(r). Temporary Resolution 9837, a Resolution of the City Commission of the City of Tamarac, Florida, approving a sister city accord with Fatsa, Turkey; authorizing its execution; providing for conflicts; providing for severability; and providing an effective date. City Manager Miller read Temporary Resolution 9837 by title. On roll call Commissioner Roberts voted "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. City Attorney Kraft returned to the Chambers. Commissioner Roberts seconded by Commissioner Sultanof moved removal of Item 7(i) from the consent agenda for discussion. 7(i). AGREEMENT - BENCH ADS OF TAMARAC: (TR9787) Executing an amendment to the Bus Bench Agreement by and between the City of Tamarac and Bench Ads of Tamarac, Inc. for the provision of installing June 26, 2002 3 Revised July 5, 2002 and maintaining bus benches within the City of Tamarac. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Sultanof seconded by Commissioner Mishkin moved removal of Item 70) from the consent agenda for clarification. 70) DRAINAGE EASEMENT - WOODLANDS SUBDIVISION DRAINAGE IMPROVEMENT PROJECT: (TR9789) Executing a Tamarac Drainage Easement with Woodlands Country Club for the Woodlands Drainage Improvements Project located on the Woodlands Country Club property; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Roberts seconded by Commissioner Sultanof moved removal of Item 7(n) from the consent agenda for clarification. 7(n) ADDENDUM TO AGREEMENT - RACHLIN COHEN & HOLTZ: (TR9788) Executing an addendum to the existing agreement between the City of Tamarac and Rachlin Cohen & Holtz LLP, Certified Public Accountants and Consultants, exercising the option to extend auditing services for an additional one year. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof `yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Vice Mayor Portner seconded by Commissioner Roberts moved approval of all items on the consent agenda, including 7(q) and 7(r), but with the exclusion of items 7(i), 70), and 7(n) which had been removed from the consent agenda. On roll call Vice Mayor Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the June 12, 2002 Regular Commission meeting. APPROVED b. WARRANTY BOND RELEASE — GOLDEN CORRAL: (TR9809) Releasing a Public Improvement Warranty Bond in the form of Surety Bond #45 SUN 271405 from Hartford Fire Insurance Company in the amount of $2,863.75 for the Water Distribution and Sewage Collection System improvements installed by Value Dining of Tamarac, Inc., for the Golden Corral Project located at 7401 West Commercial Boulevard; authorizing the City Clerk to release Surety Bond #45 SUN 271405. RESOLUTION NO. R2002-162 June 26, 2002 4 Revised July 5, 2002 C. PUBLIC IMPROVEMENT PERFORMANCE BOND RELEASE - WATER & SEWAGE COLLECTION SYSTEM IMPROVEMENTS - 7-ELEVEN: (TR9806) Releasing a Public Improvement Performance Bond in the form of Surety Bond #3- 614-865 in the amount of $5,805.00 for the Water Distribution and Sewage Collection System Improvements installed by Petropac, Inc., for the 7-Eleven Project located at 7901 West Commercial Boulevard; authorizing the appropriate city officials to waive the requirement for the receipt of a one year warranty bond; authorizing the City Clerk to release Surety Bond #3-614-865. RESOLUTION NO. R2002-163 d. WARRANTY BOND RELEASE — WALGREENS AT WOODMONT SHOPPES: (TR9810) Releasing a Public Improvement Warranty Bond in the form of Check #1214 from Oritt/Trion Woodmont, Ltd., in the amount of $3,218.75 for the Water Distribution and Sewage Collection System improvements installed by Oritt/Trion Woodmont, Ltd., for the Walgreens at Woodmont Shoppes Project located at 8199 North University Drive. RESOLUTION NO. R2002-164 e. WATER AND SEWER DEVELOPER'S AGREEMENT — FUTURE METALS: (TR9799) Executing a Water and Sewer Developer's Agreement with Future Metals, Inc., for the Future Metals Project, located at 10301 State Street for one non- residential water and sewer building connection requiring 5 ERC's for water and 5 ERC's for sewer; requiring the payment of $16,000.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2002-165 f. AGREEMENT - ROAD CONCURRENCY - LENNAR HOMES INC.: (TR9821) Approving the Regional Road Concurrency Agreement between Broward County, Lennar Land Partners, a Florida General Partnership, by Lennar Homes, Inc. (a Florida Corporation) and the City of Tamarac for Road Concurrency relating to Parcel "H" of the "Kings Point Replat" located on the east side of Nob Hill Road at NW 80th Street (Case No. 2-AP-02). RESOLUTION NO. R2002-166 g. CULTURAL AFFAIRS DESIGN ARTS GRANT PROGRAM - LINEAR PARK - SOUTHGATE BLVD: (TR9816) Seeking grant funds through the Broward County Department of Cultural Affairs Design Arts Grant Program in the amount of $15,000 with a local match in the amount of $15,000 for a total project cost of $30,000 for design and public input processes for a new linear park along Southgate Boulevard between Nab Hill and the Sawgrass Expressway. RESOLUTION NO. R2002-167 h. AGREEMENT - CLEAR CHANNEL OUTDOOR: (TR9786) Executing an amendment to the Bus Shelter Agreement by and between the City of Tamarac and Clear Channel Outdoor, formerly Eller Media Company for the provision of erecting and maintaining of bus stop shelters within the City of Tamarac. RESOLUTION NO. R2002-168 i. AGREEMENT - BENCH ADS OF TAMARAC: (TR9787) Executing an amendment to the Bus Bench Agreement by and between the City of Tamarac and Bench Ads of June 26, 2002 5 Revised July 5, 2002 Tamarac, Inc. for the provision of installing and maintaining bus benches within the City of Tamarac. REMOVED FOR DISCUSSION j. DRAINAGE EASEMENT - WOODLANDS SUBDIVISION DRAINAGE IMPROVEMENT PROJECT: (TR9789) Executing a Tamarac Drainage Easement with Woodlands Country Club for the Woodlands Drainage Improvements Project located on the Woodlands Country Club property; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. REMOVED FOR CLARIFICATION k. AWARD OF BID - WOODLANDS SUBDIVISION DRAINAGE IMPROVEMENT: (TR9824) Awarding Bid Number 02-22B to Central Florida Equipment Rental Inc. for the construction of the Woodlands Subdivision Drainage Improvements project; authorizing an expenditure in an amount not to exceed $410,823. RESOLUTION NO. R2002-169 I. AGREEMENT - DISASTER RECOVERY SERVICES: (TR9795) Terminating the agreement between the City of Tamarac and Grubbs Construction Company for disaster recovery services; authorizing the appropriate City Officials to execute an agreement with Grubbs Emergency Services, Inc., utilizing Marion County RFQ #01 Q-017 for disaster recovery services. RESOLUTION NO. R2002-170 M. GRANT MEMORANDUM OF AGREEMENT — STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES: (TR9827) Executing a Grant Memorandum of Agreement and Maintenance Memorandum of Agreement between the City of Tamarac and the State of Florida Department of Agriculture and Consumer Services for an Urban and Community Forestry grant in the amount of $10,000 for the provision of additional trees for the city's street improvement program; amending the grants fund budget. RESOLUTION NO. R2002-171 n. ADDENDUM TO AGREEMENT - RACHLIN COHEN & HOLTZ: (TR9788) Executing an addendum to the existing agreement between the City of Tamarac and Rachlin Cohen & Holtz LLP, Certified Public Accountants and Consultants, exercising the option to extend auditing services for an additional one year. REMOVED FOR CLARIFICATION o. INTER -LOCAL AGREEMENT - CITY OF NORTH LAUDERDALE: (TR9783) Executing an Inter -Local Agreement between the City of Tamarac and the City of North Lauderdale for the construction of a sidewalk along NW 64th Avenue; authorizing an expenditure of $26,666; authorizing a budget transfer within the street improvement construction fund. RESOLUTION NO. R2002-172 June 26, 2002 6 Revised July 5, 2002 p. AGREEMENT — OMNIPOINT HOLDINGS — TELECOMMUNICATIONS ANTENNA: (TR9818) Executing an agreement with Omnipoint Holdings, Inc. d/b/a Voicestream Wireless for the installation of a telecommunications antenna and associated equipment on the existing tower at the city's Water Treatment Plant property; authorizing the appropriate city officials to execute any permit applications as may be required on behalf of the city as owner of the property. RESOLUTION NO. R2002-173 q. SUPPORT OF PROPOSED EXTENSION OF SOUTH RUNWAY 9R/27L: (TR9828) Supporting the proposed extension of the south runway 9R/27L at the Fort Lauderdale — Hollywood International Airport RESOLUTION NO. R2002-174 r. SISTER CITY ACCORD — FATSA, TURKEY: (TR9837) Approving a sister city accord with Fatsa, Turkey; authorizing its execution. RESOLUTION NO. R2002-161 END OF CONSENT AGENDA 7(i) AGREEMENT - BENCH ADS OF TAMARAC: (TR9787) Executing an amendment to the Bus Bench Agreement by and between the City of Tamarac and Bench Ads of Tamarac, Inc. for the provision of installing and maintaining bus benches within the City of Tamarac. City Manager Miller said while there is no change to the resolution, Section 2 of the agreement has been amended to reflect an increase in the amount of money Tamarac would receive from $5,000 to $11,000, keeping Tamarac in parity with surrounding cities. Section 3, cleanup of trash receptacles, has been added. The City was faxed a copy of the amended agreement, signed by Mr. Nadel. Commissioner Roberts said she is not happy it has taken so long to get something accomplished, and expressed dismay that the contract expired and the City did not go out for bid. Vice Mayor Portner seconded by Commissioner Mishkin moved approval of Temporary Resolution 9787, as amended. On roll call Vice Mayor Partner voted "yes", Commissioner Mishkin "yes", Commissioner Sultanof "yes", Commissioner Roberts "no", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-175 70) DRAINAGE EASEMENT - WOODLANDS SUBDIVISION DRAINAGE IMPROVEMENT PROJECT: (TR9789) Executing a Tamarac Drainage Easement with Woodlands Country Club for the Woodlands Drainage Improvements Project located on the Woodlands Country Club property; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. City Attorney Kraft said it was brought to his attention by the City Clerk that the owner of the property is Woodlands Golf Association. The documents need to be amended to reflect Woodlands Golf Association a/k/a Woodlands Country Club. Commissioner Sultanof seconded by Commissioner Mishkin moved approval of Temporary Resolution 9789, as amended. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-176 June 26, 2002 7 Revised July 5, 2002 7(n) ADDENDUM TO AGREEMENT - RACHLIN COHEN & HOLTZ: (TR9788) Executing an addendum to the existing agreement between the City of Tamarac and Rachlin Cohen & Holtz LLP, Certified Public Accountants and Consultants, exercising the option to extend auditing services for an additional one year. Commissioner Roberts said she is not happy about this item not going out for an RFP. Commissioner Sultanof said he would agree to a one year extension. Mayor Schreiber spoke about language in the charter regarding auditors' contracts, and said he wanted this to go out for bid next year. Commissioner Sultanof seconded by Commissioner Mishkin moved approval of Temporary Resolution 9788. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", Commissioner Roberts "no", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-177 REGULAR AGENDA 8. APPOINTING VOTING DELEGATE - FLORIDA LEAGUE OF CITIES: (TR9826) Motion to approve Resolution appointing Mayor Joe Schreiber as the City of Tamarac's voting delegate to the 2002 Florida League of Cities' Annual Conference; directing the City Clerk to send a copy of this Resolution to the Florida League of Cities. Commissioner Roberts seconded by Vice Mayor Portner moved the nomination of Mayor Joe Schreiber as the City of Tamarac's voting delegate to the 2002 Florida League of Cities' Annual Conference. All agreed. Commissioner Roberts seconded by Commissioner Sultanof moved approval of Temporary Resolution 9826, as amended, naming Mayor Joe Schreiber as the City of Tamarac's voting delegate to the 2002 Florida League of Cities' Annual Conference. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-178 9. AGREEMENT - LENNAR LAND PARTNERS - ROCKFORD PARCEL: (TR9808) Motion to approve Resolution executing an agreement for purchase and sale of Real Property between Lennar Land Partners (Seller) and the City of Tamarac (Buyer) in the amount of three million eight hundred fifty thousand ($3,850,000.00) dollars for the City to purchase 15.1 acres +/- of vacant land for open space and recreational purposes; authorizing the reimbursement of pre -paid, local park fees in the amount of twenty one thousand five hundred and sixty five dollars ($21,565.00) to the Seller; authorizing the appropriate budgetary transfers. City Attorney Kraft read Temporary Resolution 9808, revision #1, by title. Commissioner Roberts seconded by Commissioner Mishkin moved approval. City Manager Miller gave a presentation and said this is a 15.1 acre purchase from Lennar, which property wraps around the sports complex. The total purchase price is $3.85 million, and the City has been able to defray the cost through a $2 million Broward County Land Preservation Grant, a $200,000 FRDAP Grant, and a $150,000 FDEP grant, leaving a balance of $1.5 million plus closing costs. The issue of park impact fees has June 26, 2002 8 Revised July 5, 2002 been resolved. Attorney Gerry Knight said Lennar has agreed that their request for a refund of park impact fees be deleted from the contract. Mayor Schreiber and all the Commissioners thanked Mr. Knight and Lennar. City Attorney Kraft said the amendment to the resolution and documents should be reflected in the title, by deleting the language "authorizing the reimbursement of prepaid, local park fees in the amount of twenty-one thousand five hundred and sixty-five dollars ($21,565.00) to the Seller;" adding language "and additional costs as delineated relative to the contract." Commissioner Roberts seconded by Vice Mayor Portner moved approval of the amendment to Temporary Resolution 9808. On roll call Commissioner Roberts voted "yes", Vice Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Commissioner Roberts seconded by Vice Mayor Portner moved approval of Temporary Resolution 9808, as amended. On roll call Commissioner Roberts voted "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-179 PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCES — SECOND READINGS 10. ELECTRIC FRANCHISE - FLORIDA POWER & LIGHT: (TO1969) Motion to adopt Ordinance on second reading granting to Florida Power & Light Company, its successors and assigns, an electric franchise, imposing provisions and conditions relating thereto, providing for monthly payments to the City of Tamarac, and providing for an effective date. City Attorney Kraft read Temporary Ordinance 1969 on second reading by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. City Attorney Kraft explained the ordinance and said Tamarac would gain about $200,000 per year. City Attorney Kraft said the agreement contains a most favored nation provision, which keeps Tamarac on a par with other cities. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2002-14 QUASI-JUDICIAL HEARINGS 12. AMENDMENT TO LAND USE ELEMENT OF CITY COMPREHENSIVE PLAN: (TO1970) Motion to adopt ordinance on first reading adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3184 of the Florida Statutes, concerning a Land Use Plan Amendment proposal by Holland and Knight, LLP to change the use of land described as Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the June 26, 2002 9 Revised July 5, 2002 Public Records of Broward County, Florida, located at the northwest corner of NW 64 Street and NW 74 Avenue, from Commercial and Low -Residential to Medium -Residential (10-16 du/ac) through issuance of up to 100 flexibility units to allow for the construction of 115 residential units; comprising of approximately seven (7) acres (Case No. 1-LUA-02); providing for amendment to the Land Use Element to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Kraft read Temporary Ordinance 1970 on first reading by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorneys Gerry Knight and Steve Feren waived their quasi- judicial rights. Community Development Director King gave a presentation and discussed the development and review process, flex units and school impact. Commissioner Roberts asked if the developer spoke with residents in the surrounding neighborhood and Attorney Feren said several residents attended the Planning and Zoning Board meeting and all their questions were addressed. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. APPROVED FIRST READING 13. LIMITED PARKING WAIVER — CHURCH OF THE NAZARENE: (TR9820) Motion to approve Resolution granting a Limited Parking Waiver of seventy-five (75) required parking spaces for a church proposed to be located in the Shops of Tamarac on Sundays from 9:30 a.m. thru 12:00 p.m. and 8:00 p.m. thru 9:30 p.m.; Mondays from 8:30 p.m. thru 9:30 p.m. and Fridays from 10:00 p.m. thru 12:00 a.m. to Church of the Nazarene located at 8681 West McNab Road; specifically Parcel "B" of the "Colony West Shopping Plaza" Plat, according to the Plat thereof as recorded in Plat Book 84, Page 25 of the Public Records of Broward County, Florida (Case No. 6-Z-02); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9820 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Reverend Charles Destina waived his quasi- judicial rights. Community Development Director King gave a presentation. Vice Mayor Portner questioned the Friday evening hours and there was discussion about the Church holding Friday evening meetings until midnight and the number of parking spaces needed. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-180 14. SPECIAL EXCEPTION — SUBS 4 U! -- TAMARAC SQUARE PLAZA: (TR9822) Motion to approve Resolution granting a Special Exception to allow the operation of a sub shop restaurant in a B-2 (Community Business District) zoning category to Subs 4 U!, located at 5229 North State Road 7 in the Tamarac Square Plaza shopping center, specifically Parcel "A" of the "Lembo Addition" Plat, according to the Plat thereof as recorded in Plat Book 96, Page 46 of the Public Records of Broward County, Florida (Case June 26, 2002 10 Revised July 5, 2002 1 No. 10-Z-02). City Attorney Kraft read Temporary Resolution 9822 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Steven Glassner waived his quasi-judicial rights. Community Development Director King gave a presentation. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing, On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-181 END OFQUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 10:40 a.m. MARION SWENSON, CMC CITY CLERK Revised July 5, 2002 JOE SCHREIBER, MAYOR a June 26, 2002 11 017 11,E ^"...rx 2_1" , "�kf 0 a<) C)C�--