HomeMy WebLinkAbout2002-01-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY JANUARY 23, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:05 a.m. on January 23, 2002, in Chambers at Tamarac City Hall, 7525 NW
88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner
Edward C. Portner, Commissioner Gertrude Mishkin, 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.
1. PRESENTATION by Mayor Schreiber of Employee Service Awards: Willie
Conde, Maintenance Worker II, 5 years; Marie Dlugos, Occupational License Specialist,
5 years; Andrea Esformes, Permit Clerk, 5 years; Patrick Kendrick, Battalion Chief, 5
years; Jeff Moral, Battalion Chief, 5 years; Charlene Nevadomski, Special Events
Manager, 5 years; Michael Hoehenberger, Equipment Operator I, 10 years; Gary
Jordan, Systems Tech Specialist, 15 years; Gregory Kerrick, Water Plant Lead
Operator, 20 years.
2. PUBLIC PARTICIPATION: Bill Moran, 5107 NW 50th Ave., president of The
Mainlands of Tamarac Lakes, Section 6, thanked the Mayor and Commission for the
Neighborhood Beautification Grant given to their community for beautification of the 50tn
Street entrance on Rock Island Road. Mr. Moran requested that his letter to the
Commission be made a part of the official record. Commissioner Portner said the
entrance is beautiful and suggested a picture be taken for publication in the Tam -A -
Gram. Lenny Polikoff, 9908 Malvern Dr., spoke in support of the Westwood Apartment
project, a property owner's right to the use of his property, and good government versus
politics. Mayor Schreiber said government is the people, they own the city; their money
pays for services and the Commission is obligated to listen to them. Commissioner
Portner spoke about politics versus good government.
REPORTS
3. City Commission: Commissioner Roberts congratulated the employees who
received awards for their service to the city.
Commissioner Portner extended congratulations to employees receiving service awards
and said Tamarac is a wonderful place in which to work and live. Commissioner
Portner said he attended a dinner for Senator Joseph Lieberman, and the Senator
spoke about Afghanistan, the state of the union and a possible tax deficit.
January 23, 2002
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Vice Mayor Sultanof congratulated employees who received service awards and said
we have the best employees in Broward County. Vice Mayor Sultanof said politics is
the art and science of governing and spoke about serving the people.
Commissioner Mishkin extended congratulations to employees receiving service
awards and said it is a pleasure working with the wonderful people who work for the
city.
Mayor Schreiber said he is very proud of all city employees; they do a fantastic job, are
treated well and we get good performance from them.
4. City Attorney: City Attorney Kraft had no report.
5. City Manager: City Manager Miller extended congratulations to Vice Mayor
Sultanof on his reelection to the City Commission and to city staff receiving service
awards. City Manager Miller thanked the Mayor and Commission for their support of
city employees. City Manager Miller said reports from the Fire Department and BSO at
yesterday's workshop meeting indicate the crime rate in Tamarac continues to
decrease, (Tamarac having the lowest crime rate of cities over 50,000 in Broward
County), and the number of structure fires and total amount of damage has decreased.
CONSENT AGENDA
6. Commissioner Portner seconded by Vice Mayor Sultanof moved approval of all
items on the consent agenda. On roll call Commissioner Portner voted "yes", Vice
Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and
Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the January 9, 2002 Regular Commission meeting.
APPROVED
b. PERFORMANCE BOND RELEASE — WALGREENS: (TR9622) Releasing
Public Improvement Performance Bond #LPM4122847 from Fidelity and Deposit
Company of Maryland as surety, in the amount of $69,623.35 posted by FOG
Partners Two, Limited, for paving, sidewalk and curb improvements at the
Walgreens Store #6352 Project located on the south side of NW 57th Street
between Pine Island Road and NW 91St Avenue, subject to the receipt of a one-
year Warranty Bond in the amount of $17,405.84.
RESOLUTION NO. R2002-16
C. PERFORMANCE BOND RELEASE — INTOWN SUITES: (TR9623) Releasing
Public Improvement Performance Bond #132955765 from Reliance Insurance
Company as surety, in the amount of $22,176.00 posted by Intown Suites, Inc.,
for paving, sidewalk and curb improvements at the Intown Suites Project located
on the south side of NW 57th Street between 82"d Avenue and NW 81 st Terrace,
subject to the receipt of a one-year Warranty Bond in the amount of $5,544.00.
RESOLUTION NO. R2002-17
January 23, 2002
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d. PERFORMANCE BOND RELEASE - WESTPOINT DISTRIBUTION CENTRE I:
(TR9642) Releasing a Public Improvement Performance Bond in the form of
Surety Bond #11141728672 from Fireman's Fund Insurance Company in the
amount of $34,430.50, subject to the receipt of a one year Warranty Bond in the
amount of $9,412.50 for the Water Distribution and Sewage Collection System
Improvements installed by The Tower Group, Inc., for the Westpoint Distribution
Centre Project located at 5607 Hiatus Road.
RESOLUTION NO. R2002-18
e. PERFORMANCE BOND RELEASE - WENDY'S OLD FASHIONED
HAMBURGERS: (TR9645) Releasing a Public Improvement Performance Bond
in the form of Surety Bond #6120813 from Safeco Insurance Company of
America in the amount of $14,450.00, subject to the receipt of a one year
Warranty Bond in the amount of $4,324.50 for the Water Distribution System
Improvements installed by Wendy's International, Inc., for the Wendy's Old
Fashioned Hamburgers Project located at 8901 West Commercial Boulevard.
RESOLUTION NO. R2002-19
f. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS
AGREEMENT - SOUTHGATE VILLAGE: (TR9647) Accepting and executing a
Utility Easement Encroachment and Hold Harmless Agreement with Centex
Homes for structures and landscaping placed within utility easements on the
Southgate Village Project site located at 8700 Southgate Boulevard; authorizing
and directing the City Clerk to record said agreement in the public records of
Broward County.
RESOLUTION NO. R2002-20
g. CONTRACT AWARD — CDBG BARRIER FREE HOUSING: (TR9636) Awarding
Bid No. 02-09B entitled, "CDBG Barrier Free Housing" and approving the
Contract between the City of Tamarac and the Stein Gerontological Institute for a
one (1) year period commencing upon the execution of the Contract with the
option to renew for four (4) additional one (1) year periods.
RESOLUTION NO. R2002-21
h. SIDEWALK EASEMENT - T & H ACQUISITIONS PROJECT: (TR9614)
Executing a Sidewalk Easement with T & H Acquisitions, L.L.C. for the T & H
Acquisitions project, located on the southeast corner of McNab Road and
Brookwood Boulevard; authorizing and directing the City Clerk to record said
document in the Public Records of Broward County.
RESOLUTION NO. R2002-22
i. AGREEMENT - STREET LIGHTS - FLORIDA DEPARTMENT OF
TRANSPORTATION: (TR9640) Upgrading thirty-two (32) street lights and
installing an additional eighteen (18) street lights along Commercial Boulevard
from the Florida Turnpike to NW 31 st Avenue by the Florida Department of
Transportation; entering into a roadway lighting system maintenance agreement
with the Florida Department of Transportation to maintain said street lights.
RESOLUTION NO. R2002-23
SECOND AMENDMENT TO AGREEMENT — PUBLIC FINANCIAL
MANAGEMENT, INC.: (TR9652) Executing a second addendum to the existing
agreement between the City of Tamarac and Public Financial Management, Inc.,
January 23, 2002
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exercising the option to renew financial advisor services for an additional year
effective October 1, 2001 through September 30, 2002.
RESOLUTION NO. R2002-24
k. AGREEMENT - GREEN ACRES LAWN SERVICE, INC.: (TR9641) Awarding
Bid No. 02-05B to Green Acres Lawn Service, Inc. for conversion of the irrigation
system on Hiatus Road from the city's potable water supply to a non -potable
water source; executing an agreement with Green Acres Lawn Service, Inc.;
authorizing an expenditure in an amount not to exceed $48,342.
RESOLUTION NO. R2002-25
I. INTERLOCAL AGREEMENT - INSPECTION AND PLAN REVIEW: (TR9651)
Executing an Interlocal Agreement between Broward County and the City of
Tamarac for Inspection and Plan Review Services to be performed by the
Broward County Building Code Services Division in the event there is a staff
shortage at a rate of Forty Dollars ($40.00) per hour.
RESOLUTION NO. R2002-26
M. GRANT APPLICATION - EMERGENCY PREPAREDNESS ASSISTANCE
TRUST FUND: (TR9658) Authorizing an Application for an Emergency
Management Preparedness and Assistance Trust Fund (EMPATF) Competitive
Grant in an amount not to exceed $200,000 for construction of an Emergency
Operations Center (EOC).
RESOLUTION NO. R2002-27
n. MUNICIPAL GRANT APPLICATION - EMERGENCY PREPAREDNESS
ASSISTANCE TRUST FUND: (TR9659) Authorizing an Application for an
Emergency Management Preparedness and Assistance Trust Fund (EMPATF)
Municipal Grant in an amount not to exceed $50,000 for emergency
communications equipment.
RESOLUTION NO. R2002-28
o. SUPPORTING THE ESTABLISHMENT OF A BROWARD COUNTY TASK
FORCE TO STUDY THE DEVELOPMENT OF AN INTERLOCAL AGREEMENT
FOR FIRE RESCUE: (TR9661) Supporting the Group City Emergency Medical
Service Coalition of Broward County, Florida, Inc.'s efforts to support the
establishment of a Broward County Task Force, based upon representative
population to study the development of an Interlocal Agreement for fire rescue,
provided that the Agreement be fair and representative of Broward County and
includes the parameters of the four (4) priority areas articulated by the Group
Cities Coalition in their report of December 2001.
RESOLUTION NO. R2002-29
END OF CONSENT AGENDA
REGULAR AGENDA
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
January 23, 2002
4
7. SPECIAL EXCEPTION - WESTWOOD APARTMENTS: (TR9432) Motion to
approve Resolution granting a Special Exception to allow the construction of more than
one (1) principal building on a plot in an R-4A (Planned Apartment District) zoning
category to Westwood Apartments, located on Nob Hill Road and Westwood Drive;
specifically Parcel "A" of the "Nob Hill/Westwood Plat", according to the Plat thereof as
recorded in Plat Book 144, Page 3 of the public records of Broward County, Florida;
Case No. 2-Z-01; providing for conditions of approval. City Attorney Kraft said items 7,
8 and 9 have been brought back for reconsideration by a motion made by
Commissioner Mishkin and approved by a 3-2 vote at the January 9, 2002 meeting.
City Attorney Kraft read Temporary Resolution 9432 by title. Commissioner Portner
seconded by Commissioner Roberts moved approval. City Attorney Kraft said this is a
quasi-judicial matter that was heard July 11, August 22 and December 12, 2001, and
both sides stipulate to the evidence, which is the testimony of the previous hearings.
Attorney Richard Coker, representing the applicant, agreed to the stipulation. City
Attorney Kraft explained the quasi-judicial procedures and Attorney Coker waived the
procedural rights. City Attorney Kraft said Attorney Michael Burke, special counsel
representing the city, is present and available for questioning. City Attorney Kraft
questioned whether the Commission wished to consider items 7 and 8 concurrently and
Mayor Schreiber said they should be heard separately. Community Development
Director King gave a presentation. Attorney Coker said the applicant has done
everything requested by staff and the project not only meets but exceeds city code
requirements. Mayor Schreiber opened the public hearing. Len Ronik, 9818 Malvern
Drive, Diane Glasser, 9507 NW 72 Court, and Sam Izenwasser, 9820 Malvern Drive,
spoke in opposition to the project, citing traffic and safety concerns. With no one else
wishing to speak, Mayor Schreiber closed the public hearing. Mayor Schreiber spoke
about the lawsuit against the city and the standard of evidence under the quasi-judicial
hearing. Mayor Schreiber said the law is wrong and the crux of the matter is the plat
restriction of one building, which was put in place to prevent over -development. The
people living in an area have every right to say what they want to be built in this area
because it affects their lives. Commissioner Portner asked Mr. Burke to step up to the
podium. Mr. Burke said county and city legislators in the past made the determination
of the way this property should be developed, and so the developer can use the
property consistent with the law. Mr. Burke said the city's success in court is unlikely
and the best course of action would be to approve the request. The developer could
build one building with 62 units even if the special exception is not granted.
Commissioner Portner said he is not concerned with the lawsuit and the right thing to
do is to let the applicant develop his property. Commissioner Roberts questioned what
is allowed under the current zoning. Community Development Director King said R4-A
permits 15 units per acre, which would allow 90 apartments to be constructed in one
building. Parking requirements are approximately two spaces per unit, plus a
percentage for guest parking. Vice Mayor Sultanof said the Commissioners have to
protect the health, safety and welfare of the people who elected them. The testimony
given was given properly, this is a small country road and the issue is one of ingress
and egress. Vice Mayor Sultanof said he is deeply concerned about the health and
safety of the people on that road. Mr. Burke said the judge would not look at the traffic
issue, but would say that the traffic concerns need to be addressed in different ways.
Commissioner Mishkin said after having given much consideration to this request and
January 23, 2002
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finding no safe ingress/egress, she must vote to protect the citizens on this two-lane
road. Granting the request would imperil the safety of those living in the area. Mayor
Schreiber said the applicant can develop the property and it is up to the Commission to
provide safety features. On roll call Commissioner Portner voted "yes", Commissioner
Roberts "yes", Vice Mayor Sultanof "no", Commissioner Mishkin "no", and Mayor
Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-30
8. REVISED DEVELOPMENT ORDER - WESTWOOD APARTMENTS (TR9433)
Motion to approve Resolution issuing Revised Development Order No. 229.5 and
granting New Development Site Plan approval to Westwood Apartments to allow the
construction of sixty-two (62) garden apartment units with associated parking,
landscaping and infrastructure improvements, located at Nob Hill Road and Westwood
Drive; specifically Parcel "A" of the "Nob Hill/Westwood Plat", according to the Plat
thereof as recorded in Plat Book 144, Page 3 of the public records of Broward County,
Florida; Case No. 2-SP-01. City Attorney Kraft read Temporary Resolution 9433 by
title. Commissioner Roberts seconded by Commissioner Portner moved approval. City
Attorney Kraft explained the quasi-judicial procedures and Attorney Richard Coker,
representing the applicant, waived the procedural rights and stipulated to the previous
evidence. Community Development Director King gave a presentation. Mayor
Schreiber questioned adding a restriction to prohibit dogs or requiring a dog -walk on the
property. Commissioner Roberts asked if Westwood allows dogs in single-family
homes. Diane Glasser, 9507 NW 72 Court, responded in the affirmative. Vice Mayor
Sultanof said this property cannot be singled out. Community Development Director
King said the reason for the wall surrounding the development is to discourage tenants
from going outside the property with dogs and there will be a weight limit on dogs as
well. The applicant will have a restriction in the lease on weight limit and cleaning up
after dogs. The site plan also requires a sidewalk be installed. Mayor Schreiber asked
about parking spaces and Community Development Director King said 130 spaces are
required per the parking ratio. The applicant is providing 150 spaces, with 10 garage
spaces. Mayor Schreiber opened the public hearing. Sam Izenwasser, 9820 Malvern
Drive, said garages are usually used for storage. Mayor Schreiber asked if there are
any restrictions on garages and Community Development Director King said there
would not be since they are enclosed. Marvin Seidel, 9645 N Belfort, Tamarac, said
traffic accidents have occurred in this area already and suggested the street be
widened. Mr. Seidel said this development would add to the community and tax base.
Diane Glasser, 9507 NW 72 Court, said a right -turn only should be required at the
egress of the development. Community Development Director King said the traffic
analysis indicates a majority of trips at peak hours would be cars turning right out of the
development. Vice Mayor Sultanof recommended a right -turn only out of Point Plaza
be pursued rather than such a restriction at Nob Hill and Westwood Drive. Community
Development Director King said staff would check the plat for a right -turn only
requirement at Point Plaza and if one exists, require a sign be erected. With no one
else wishing to speak, Mayor Schreiber closed the public hearing. On roll call
Commissioner Roberts voted "yes", Commissioner Portner "yes", Commissioner
Mishkin "no", Vice Mayor Sultanof "no", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-31
January 23, 2002
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END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
9. WATER AND SEWER DEVELOPER'S AGREEMENT - WESTWOOD
APARTMENTS (NOT A PUBLIC HEARING): (TR9404) Motion to approve Resolution
accepting and executing a Water and Sewer Developer's Agreement with Nob Hill
Landings, L.L.C., for the Westwood Apartments Project, located on the north side of
Westwood Drive just east of Nob Hill Road for three residential water and sewer
building connections requiring 45.9 ERC's for water and 45.9 ERC's for sewer; requiring
the payment of $146,880.00 in CIAC fees; authorizing and directing the City Clerk to
record said Agreement in the public records of Broward County. City Attorney Kraft
read Temporary Resolution 9404 by title. Commissioner Roberts seconded by
Commissioner Portner moved approval. On roll call Commissioner Roberts voted "yes",
Commissioner Portner "yes", Vice Mayor Sultanof "no", Commissioner Mishkin "no",
and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-32
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the meeting at 10:25 a.m.
MARION-S ENSON, CMC
CITY CLERK
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CITY OF TAAURAC
APPROVED AT MEETING OF
2002
January 23, 2002
7
January 22, 2002
Bill Moran
5107 NW 51 Ave.
Tamarac, FL 33319
Good Morning your Honor and distinguished panel:
My name is Bill Moran, President of The Mainlands of Tamarac Lakes, Section 6
representing 538 Homes and over 1,000 people. I also would like to acknowledge our
Civic Representative Vincent Traut who attends all Council meetings on our behalf.
On behalf of our residents, I came here this morning to thank your Honor, the Vice
Mayor and our commissioners for the generous Neighborhood Beautification Grant
given to our community on January 9, 2002 for beautification of our 50th Street
entrance on Rock Island Road.
Our many volunteers led by our irrigation president Ed Harrington, completed the
task of landscaping the area Saturday, January 19, 2002 and it looks great! We appre-
ciate your interest in Tamarac's communities, and we wish everyone a successful
campaign in the coming year. I look forward to representing our residents to the
council in the future.
Thank You,
Bill Moran
President
cc: Ed Harrington
Vincent Traut
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