HomeMy WebLinkAbout2002-02-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY FEBRUARY 27, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:00 a.m. on February 27, 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 a proclamation proclaiming March 2002
as "Purchasing Month". Purchasing/Contracts Manager Flurry accepted and thanked
the Mayor and Commissioners for their support and recognition, and thanked staff for a
job well done.
2. PRESENTATION by the Florida Water and Pollution Control Operator's
Association of the "Utility of the Year" Award. Representatives of the Florida Water and
Pollution Control Operator's Association presented the award to Utilities Director
Gagnon. Mayor Schreiber said we have the best water in the state. Utilities Director
Gagnon expressed thanks on behalf of city staff and recognized the Utilities personnel
in the audience.
3. PUBLIC PARTICIPATION: Odiel Feyers, 7421 NW 70 Ave., spoke about
speeding on 70 Avenue and suggested speed bumps be installed. Mayor Schreiber
said the Commission is aware of the problem and, according to a recent report from
City Manager Miller, BSO has a plan to institute measures to control speeding
throughout the city. Vice Mayor Sultanof said Broward County opposes speed bumps,
and he feels the police should control speeding. Vice Mayor Sultanof said it is his
understanding that the city has a plan afoot. Commissioner Roberts said hopefully we
could work with the county to use speed humps.
REPORTS
4. City Commission: Commissioner Roberts thanked everyone for the contribution
of over 5,000 tennis balls. Commissioner Roberts asked the Commission to support
and sign the Tamarac Elementary Task Force and PTA petition asking the school board
to purchase land for High School FFF. Commissioner Roberts asked the City Clerk to
provide a list of votes cast by individual Commissioners for the past 1-year period.
February 27, 2002
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Commissioner Portner expressed his displeasure and disappointment about statements
attributed to Mayor Schreiber in recent Sun -Sentinel newspaper articles.
Vice Mayor Sultanof said he took exception to the article that appeared in the Sun -
Sentinel. Vice Mayor Sultanof spoke about civility and asked the Mayor and
Commissioners to return to working in a harmonious arena.
Commissioner Mishkin said she was surprised at certain statements made, and hoped
everyone could work together in harmony.
Mayor Schreiber said County Commissioner Parrish reported that a sign would be
erected on the new library site, so that passers by would know where the new library is
to be built. Mayor Schreiber said the sidewalk program has been completed at a cost
of $1 million, which was paid for by the state, and a good job was done. Mayor
Schreiber said he recently became aware that a local church is holding services at the
Community Center. He asked City Manager Miller and City Attorney Kraft to look into
the matter, as he believed there should be a separation of church and state. Mayor
Schreiber addressed the comments made by Commissioner Portner and Vice Mayor
Sultanof. There was discussion about the Tallahassee lobbyist and the commission's
auto allowance.
Commissioner Roberts suggested the commission return to the business at hand.
5. City Attorney: City Attorney Kraft had no report.
6. City Manager: City Manager Miller joined the commission in congratulating
Utilities Department employees for today's award. City Manager Miller reported that the
Tamarac East project is near completion and invited everyone to the second Tamarac
at Twilight Musical Concert on March 1st from 7:00-9:00 p.m.
CONSENT AGENDA
7. Commissioner Portner seconded by Commissioner Mishkin moved approval of
all items on the consent agenda. On roll call Commissioner Portner voted "yes",
Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", Commissioner Roberts "yes",
and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the February 13, 2002 Regular Commission meeting.
APPROVED
b. DISCHARGING THE REDISTRICTING COMMITTEE: (TR9560) Expressing
appreciation to the Redistricting Committee for its outstanding contribution;
discharging the Redistricting Committee in accordance with Section 6.03 of the
Tamarac City Charter.
RESOLUTION NO. R2002-48
C. BILL OF SALE ABSOLUTE - COMFORT SUITES: (TR9663) Accepting a Bill of
Sale Absolute from Tamarac Hotels, Inc., for the Water Distribution and Sewage
Collection System Improvements installed for the Comfort Suites Project, located
February 27, 2002
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at 8301 West Commercial Boulevard, for City ownership; authorizing and
directing the City Clerk to record said document in the public records of Broward
County.
RESOLUTION NO. R2002-49
d. PERFORMANCE BOND RELEASE - COMFORT SUITES: (TR9666) Releasing
a Public Improvement Performance Bond in the form of Surety Bond #305848
from International Fidelity Insurance Company in the amount of $60,794.00,
subject to the receipt of a one-year Warranty Bond in the amount of $16,473.75
for the Water Distribution and Sewage Collection System Improvements installed
by Tamarac Hotels, Inc., for the Comfort Suites Project located at 8301 West
Commercial Boulevard.
RESOLUTION NO. R2002-50
e. WARRANTY BOND RELEASE - ALAZHAR SCHOOL: (TR9664) Releasing a
Public Improvement Warranty Bond in the form of Check No. 2152, in the
amount of $6,500.00 for the Water Distribution and Sewage Collection System
improvements installed by National Factor Group, Inc., for the Alazhar School
Project located at 7201 West McNab Road.
RESOLUTION NO. R2002-51
f. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS
AGREEMENT - WENDY'S OLD FASHIONED HAMBURGERS: (TR9649)
Accepting and executing a Utility Easement Encroachment and Hold Harmless
Agreement with NYCH Partners, Ltd., for structures and landscaping placed
within utility easements on the Wendy's Old Fashioned Hamburgers Project site
located at 8901 West Commercial Boulevard; authorizing and directing the City
Clerk to record said agreement in the public records of Broward County.
RESOLUTION NO. R2002-52
g. WATER AND SEWER DEVELOPER'S AGREEMENT - VILLAGE OF YARDLEY
PROJECT: (TR9675) Accepting and executing a Water and Sewer Developer's
Agreement with Lennar Land Partners for the Village of Yardley Project, located
on the northwest corner of NW 96th Avenue and NW 77th Street for eight
residential water and sewer building connections requiring 255.5 ERC's for water
and 255.5 ERC's for sewer; requiring the payment of $817,600.00 in CIAC fees;
authorizing and directing the City Clerk to record said agreement in the public
records of Broward County.
RESOLUTION NO. R2002-53
h. SUPPORTING THE FIRE RESCUE CADET PROGRAM: (TR9691) Supporting
Tamarac's Fire Rescue Cadet Program.
RESOLUTION NO. R2002-54
END OF CONSENT AGENDA
REGULAR AGENDA
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
8. INDUSTRIAL DEVELOPMENT REVENUE BONDS — INTERNATIONAL
BULLION: (TR9568) Motion to approve Resolution authorizing a Memorandum of
February 27, 2002
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Agreement with International Bullion and Metal Brokers, Inc., a New York Corporation,
with respect to the financing of the construction and equipping of a manufacturing
project in the City of Tamarac, Florida; providing for the issuance of Industrial
Development Revenue Bonds of the City of Tamarac, Florida, in an original principal
amount not to exceed $6,000,000 for the purpose of paying all or any part of the cost of
the project; providing certain other details with respect thereto. City Attorney Kraft read
Temporary Resolution 9568 by title. Commissioner Roberts seconded by Vice Mayor
Sultanof moved approval. Mayor Schreiber opened the public hearing. Assistant City
Manager/Interim Finance Director Cernech gave a presentation and said this would
allow International Bullion and Metal Brokers, Inc., (IBMB), to relocate a portion of its
business to Tamarac, bringing 115 new jobs to the area. Commissioner Portner asked
for confirmation that Tamarac would not be held responsible for any default on the
bonds, and Assistant City Manager/Interim Finance Director Cernech said Tamarac
would lend its name and tax-exempt status to IBMB, but IBMB is responsible for the
entire debt. There is no risk or liability to Tamarac. Commissioner Roberts noted
another benefit for IBMB is a low interest rate. With no one from the public wishing to
speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Roberts
voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner
Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-55
ORDINANCES — SECOND READINGS
9. AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION
ELEMENT: (TO1947) Motion to adopt Ordinance on second reading adopting
amendments to the Intergovernmental Coordination Element of the City of Tamarac
Comprehensive Plan in accordance with Chapter 163, Subsection 163.3187 of the
Florida Statutes (F.S.) concerning text amendments addressing additional
intergovernmental coordination requirements of Chapter 163.3177(6)(h) F.S. City
Attorney Kraft read Temporary Ordinance 1947, revision #1, on second reading by title.
Vice Mayor Sultanof seconded by Commissioner Portner moved approval. Mayor
Schreiber opened the public hearing and with no one wishing to speak, closed the
public hearing. On roll call Vice Mayor Sultanof voted "yes", Commissioner Portner
"yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
ORDINANCE NO. 0-2002-05
10. AMENDMENTS TO SCHEDULE 1 D - CAPITAL IMPROVEMENTS ELEMENT:
(TO1949) Motion to adopt Ordinance on second reading adopting amendments to the
Capital Improvements and Recreation and Open Space Elements of the City of
Tamarac Comprehensive Plan to reflect the incorporation of improvements for McNab
Park, in accordance with Chapter 163, Subsection 163.3187 of the Florida Statutes
(F.S.). City Attorney Kraft read Temporary Ordinance 1949, revision #2, on second
reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved
approval. Mayor Schreiber opened the public hearing and with no one wishing to
speak, closed the public hearing. Commissioner Portner noted that Tamarac is
required to have three acres of parkland for every 1,000 residents and after the
February 27, 2002
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inclusion of McNab Park, an additional 24 acres of parks will be needed in order to
meet the goal. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof
"yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber
"yes". Motion carried.
ORDINANCE NO. 0-2002-06
11. FRANCHISE AGREEMENT - COMMERCIAL GARBAGE COLLECTION:
(TO1957) Motion to adopt Ordinance on second reading executing a Commercial
Garbage Franchise Agreement between the City of Tamarac and DisposAll of South
Florida. City Attorney Kraft read Temporary Ordinance 1957 on second reading by title.
Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. Mayor
Schreiber opened the public hearing and with no one wishing to speak, closed the
public hearing. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts
"yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber
"yes". Motion carried.
ORDINANCE NO. 0-2002-07
QUASI-JUDICIAL HEARINGS
12. AMENDING LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163 -
FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 PLAT: (TO1942) Motion
to adopt Ordinance on second reading adopting a Small Scale Amendment to the
Land Use Element of the City's Comprehensive Plan in accordance with Chapter 163,
Section 163.3187 of the Florida Statutes, a portion of Tract 16, Section 7, Township 49
South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2", Plat,
according to the Plat thereof as recorded in Plat Book 1, Page 102 of the Public
Records of Palm Beach County, Florida, lying in the City of Tamarac, Broward County,
Florida and being more particularly described in Exhibit "A", from Industrial to
Recreation; comprising 8.4975 acres, more or less; providing for amendment to the
Land Use Element to reflect such change. City Attorney Kraft read Temporary
Ordinance 1942 on second reading by title. Commissioner Roberts seconded by Vice
Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial
procedures and waived the quasi-judicial rights on behalf of the city. 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", Vice Mayor Sultanof "yes", Commissioner Portner
"yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-08
13. AMENDING PRIOR ZONING - KINGS POINT COMMERCIAL PARK PLAT —
CATALINA LAKES: (TO1962) Motion to adopt Ordinance on first reading amending
prior zoning of certain real estate property (aka: Kings Point Commercial Park Plat)
from B-1 (Neighborhood Business District) to R-4A (Planned Apartment Residential
District); lands commonly known as Parcel "A" of the "Kings Point Commercial Park"
Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9 of the Public
Records of Broward County, Florida, located at the southwest corner of Nob Hill Road
and NW 80 Street (Case No. 23-Z-01); providing for amendment of the official zoning
February 27, 2002
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map to reflect such change. City Attorney Kraft read Temporary Ordinance 1962 on
first reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved
approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney
Jerry Knight waived his quasi-judicial rights on behalf of the applicant. Community
Development Director King gave a presentation. Commissioner Roberts spoke about
the town meeting held by the applicant and questioned other communities dictating pet
size and number per household. Community Development Director King said this
would be better addressed during discussion of the site plan. Vice Mayor Sultanof cited
state law provisions regarding restrictions on pets in Lombardy, Malvern and Exeter.
Mr. Knight responded that he is not familiar with those condominium documents but
most likely there are restrictions regarding pets. Mayor Schreiber said those are
homeowner associations, not condominium associations, and the restrictions differ.
Mayor Schreiber opened the public hearing. Larry Premack, a new resident of
Southampton, said his condominium restricts dogs to first floor units. With no one else
wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner
Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes",
Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
14. SPECIAL EXCEPTION - CATALINA LAKES: (TR9687) Motion to approve
Resolution granting a Special Exception to allow the construction of more than one (1)
principal building on the subject property in an R-4A (Planned Apartment Residential
District) zoning category to Catalina Lakes, located on the southwest corner of Nob Hill
Road and NW 80 Street; specifically a portion of Parcel "A" of the "Kings Point
Commercial Park" Plat, according to the Plat thereof as recorded in Plat Book 150,
Page 9 of the Public Records of Broward County, Florida (Case No. 22-Z-01); providing
for conditions of approval. Mayor Schreiber said Items 14 and 15 would be considered
together. City Attorney Kraft read Temporary Resolution 9687, revision #1, by title.
Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. City
Attorney Kraft read Temporary Resolution 9686, revision #1, by title. Commissioner
Roberts seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft
explained the quasi-judicial procedures for both Temporary Resolutions 9687 and 9686
and Attorney Jerry Knight waived his quasi-judicial rights on behalf of the applicant.
Commissioner Roberts referenced the condition of approval regarding a 25-pound pet
restriction limited to one pet per unit and questioned Kings Point residents' ability to
restrict another property. Community Development Director King gave a presentation
and noted that approval of the special exception and site plan would be conditional
upon second reading of the rezoning ordinance. Mayor Schreiber asked which three
communities were involved in the town meeting and if pet is defined. Community
Development Director King said representatives from Southampton, Exeter and
Lombardy attended the meeting, and Attorney Knight said the applicant is in agreement
with the restrictions because they would have been put in place anyway. Attorney
Steven Ferren, representing the applicant, said the issue at the meeting was one dog
not to exceed 25 pounds and was not to restrict other types of pets. Vice Mayor
Sultanof said he admires the applicant's concern with community needs.
Commissioner Portner said the applicant has gone beyond what is required and
questioned the need to define the meaning of pet. Mayor Schreiber asked about the
February 27, 2002
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elevation page for Building #1 and Community Development Director King said he has
requested it from the applicant. Mayor Schreiber spoke about installing a dog walk,
changing the swimming pool cabana to clubhouse, and utilizing different light fixtures.
Attorney Knight said the applicant would take the suggestions under consideration.
Commissioner Roberts questioned the use of the area where the 3 eliminated units
would have been and Attorney Knight said the space would be grass area.
Commissioner Roberts said the condition regarding pets should be removed and
suggested the $50,000 that was offered to the other developments should be used for a
dog walk. Commissioner Mishkin spoke about pets in condominium communities.
Community Development Director King said Temporary Resolution 9687 and
Temporary Resolution 9686 would be amended to revise the existing pet restriction
language as follows: A twenty-five (25 lb.) pound dog restriction limited to one (1) per
unit. Mayor Schreiber opened the public hearing and with no one wishing to speak,
closed the public hearing. Vice Mayor Sultanof seconded by Commissioner Mishkin
moved approval of Temporary Resolution 9687, as amended. On roll call Vice Mayor
Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Portner "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-56
15. REVISED DEVELOPMENT ORDER - NEW DEVELOPMENT SITE PLAN -
CATALINA LAKES: (TR9686) Motion to approve Resolution issuing Revised
Development Order No. 264.1 and granting New Development Site Plan approval to
Catalina Lakes to allow the construction of eighty-four (84) townhome units with a pool
and cabana and associated parking, landscaping and infrastructure improvements,
located at the southwest corner of Nob Hill Road and NW 80 Street, specifically a
portion of Parcel "A" of the "Kings Point Commercial Park" Plat, according to the Plat
thereof as recorded in Plat Book 150, Page 9 of the Public Records of Broward County,
Florida (Case No. 28-SP-01); providing for conditions of approval. Vice Mayor Sultanof
seconded by Commissioner Roberts moved approval of Temporary Resolution 9686, as
amended. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes",
Commissioner Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2002-57
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
16. WATER AND SEWER DEVELOPER'S AGREEMENT - CATALINA LAKES:
(TR9689) (THIS IS NOT A PUBLIC HEARING) Motion to approve Resolution accepting
and executing a Water and Sewer Developer's Agreement with United Homes at
Catalina Lakes, Inc., for the Catalina Lakes Project, located on the southwest corner of
Nob Hill Road and NW 80th Street for eighty-four residential water and sewer building
connections and one non-residential water and sewer building connection requiring 85
ERC's for water and 85 ERC's for sewer, requiring the payment of $272,000.00 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 9689 by
February 27, 2002
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title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval.
Commissioner Roberts asked if the number of ERC's reflects the reduction in units.
Mayor Schreiber responded that there is one for each unit and one for the cabana. On
roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-58
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the meeting at 10:30 a.m.
IOE SCHREIBER, MAYOR
MARION S ENSON, CMC
CITY CLERK CI,. Off, TC
APPROVED AT MEE11NG OF
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February 27, 2002
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