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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 1 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 2 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 3 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 4 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 5 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 6 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 7 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 �� QJ eh �9, �9002 E February 27, 2002 8