HomeMy WebLinkAbout2002-03-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY MARCH 13, 2002
CALL TO ORDER: Mayor Schreiber called the regular City Commission meeting to order at
7:05 p.m. on Wednesday, March 13, 2002, in Chambers, at Tamarac City Hall, 7525 NW 88
Avenue, Tamarac, FL.
PRESENT: 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 and a
moment of silence for Lionel Stewart who passed away last week.
Tamarac Bulldogs representative Ellen Kleinert -Cohn congratulated the Commissioners on
their election. Along with members of the Bulldogs, Ms. Kleinert -Cohn presented Mayor
Schreiber with the silver medal won at the state games in Gainesville, and said this could not
have been achieved without Tamarac's help and support. Mayor Schreiber said he is proud of
the work done in the last 3-4 years and Tamarac will continue to help the Bulldogs.
County Commission Chair Lori Parrish congratulated the commissioners on their election, and
said she is touring all the Broward cities to see how the County Commission can be of
assistance. County Commission Chair Parrish said two Kings Point residents, Joan Hinden
and Sid Spector, were elected into the Senior Hall of Fame. County Commission Chair
Parrish introduced Todd LeDuc, Broward County Public Information Officer, who is available to
assist Tamarac. Mayor Schreiber asked about a sign at the library site and County
Commission Chair Parrish said the county has adopted a new standardized logo and a sign
would be erected soon. Commissioner Roberts spoke about speed humps and Vice Mayor
Sultanof spoke about a fence around the library site. County Commission Chair Parrish said
she would look into the speed humps and get with Commissioners Lieberman and Graber to
work on the fence. Commissioner Portner spoke about a traffic light at 94th and Commercial,
and County Commission Chair Parrish said there is a Uniform Traffic Code but she will submit
a request. Vice Mayor Sultanof said the framework has been placed in the concrete on all four
corners and the county, Bell South and FPL appear to be involved in the engineering. Mayor
Schreiber spoke about a beacon light that was to be erected between the Turnpike and 49th
Avenue and said he is having trouble reaching Larry Hagen for an update. County
Commission Chair Parrish spoke about surplus funds she hoped would be available for
upcoming FDOT projects.
1. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 St., and Sidney Weisburd,
7997 Exeter Blvd. West, congratulated Vice Mayor Sultanof and Commissioners Portner and
Mishkin on their elections. Mr. Weisburd spoke about drainage in the swale on 801h Street.
March 13, 2002
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REPORTS
2. City Commission: Commissioner Mishkin said there is a different feeling that comes
with being voted into office, expressed thanks to those who voted for her and said she is
always available if anyone has a problem.
Vice Mayor Sultanof congratulated Commissioners Mishkin and Portner and said the voters
have spoken, and the Commission has important work to do.
Commissioner Portner said he received a great deal of support and contributions during the
election period, and presented a check to the Tamarac Bulldogs.
Commissioner Roberts congratulated Vice Mayor Sultanof and Commissioners Mishkin and
Portner on their election, and thanked Vice Mayor Sultanof and Commissioner Portner for their
donations to the Bulldogs. Commissioner Roberts spoke about the listing of Commission
votes from January 2001 to March 2002, which the City Clerk compiled for her, and said out of
234 votes taken only 37 were not unanimous. Commissioner Roberts said she hopes this will
show the community that the Commission does work together as a whole.
Mayor Schreiber had no report.
3. City Attorney: City Attorney Kraft congratulated the newly elected members of the
Commission and wished the entire Commission success for the coming year.
4. City Manager: City Manager Miller extended congratulations to Vice Mayor Sultanof
and Commissioners Portner and Mishkin, and said he and the staff look forward to working
with the commission in the coming gear. City Manager Miller noted there will be a special
commission meeting on March 19 at 10:00 a.m. during which the newly elected city
commission members and charter board members would be sworn in, and a new vice mayor
would be elected for the coming year. There will be refreshments in the atrium after the
ceremony. A tree dedication for Helen Sobel, who volunteered her service to the city for 30
years, will be held on March 18th, at 9:00 a.m., at the Community Center. The next regular
commission meeting will be held on Tuesday, March 26th, at 9:00 a.m. City Manager Miller
reported that the Broward County Commission approved $2 million for the purchase of the 15-
acre L.ennar parcel next to the sports complex.
CONSENT AGENDA
5. Vice Mayor Sultanof seconded by Commissioner Mishkin moved approval of all items
on the consent agenda. On roll call Vice Mayor Sultanof voted "yes", Commissioner Mishkin
"yes", Commissioner Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes".
Motion carried.
a. APPROVE the minutes of the February 25, 2002 Special Commission meeting.
APPROVED
b. APPROVE the minutes of the February 27, 2002 Regular Commission meeting.
APPROVED
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C. AMENDMENT TO AGREEMENT - ZAMBELLI INTERNATIONALE FIREWORKS
MANUFACTURING COMPANY, INC.: (TR9684) Executing an amendment to the
agreement between the City of Tamarac and Zambelli Internationale Fireworks
Manufacturing Company, Inc., exercising the option to renew for the 2002 fireworks at a
cost of $25,000.00.
RESOLUTION NO. R2002-59
d. AGREEMENT - PROFESSIONAL PIPING SERVICES, INC.: (TR9688) Accepting and
executing an agreement with Professional Piping Services, Inc., to provide for piping
cleaning and rehabilitation in Westwood Section 24, in an amount not to exceed
$88,711.00; approving funding from the appropriate budgeted Utilities Operational
account; authorizing the appropriate City officials to administer the agreement.
RESOLUTION NO. R2002-60
e. WATER AND SEWER DEVELOPER'S AGREEMENT - BUDDHIST TEMPLE
PROJECT: (TR9676) Accepting and executing a Water and Sewer Developer's
Agreement with International Buddhist Progress Society for the Buddhist Temple
Project, located at 9341 NW 57th Street for one existing non-residential water and
sewer connection reserving 5.0 ERC'S for water and 5.0 ERC'S for sewer and providing
for one additional sewer connection requiring 1.0 ERC for sewer; requiring the payment
of $1,800.00 in CIAC fees; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2002-61
f. PERFORMANCE BOND RELEASE - PLUM BAY/PLUM HARBOUR PHASE I
PROJECT: (TR9047) Releasing Public Improvement Performance Bond, Letter of
Credit 4P600270 from Sun Trust Bank, in the amount of $563,904.85 posted by Pulte
Homes, Inc. for paving, drainage, sidewalks, curbs and gutter improvements for the
Plum Bay/Plum Harbor Phase I project located on the northeast corner of Commercial
Boulevard and Nob Hill Road.
RESOLUTION NO. R2002-62
g. PERFORMANCE BOND RELEASE - PLUM BAY PHASE II PROJECT: (TR9050)
Releasing Public Improvement Performance Bond #5865925 from Safeco Insurance
Company of America as Surety, in the amount of $117,121.00 posted by Pulte Homes,
Inc. for paving and drainage improvements for the Plum Bay Phase II project located on
the northeast corner of Commercial Boulevard and Nob Hill Road.
RESOLUTION NO. R2002-63
h. PERFORMANCE BOND RELEASE - PLUM BAY PHASE III PROJECT: (TR9051)
Releasing Public Improvement Performance Bond 45854111 from Safeco Insurance
Company of America as Surety, in the amount of $209,576.00 posted by Pulte Homes,
Inc. for paving and drainage improvements for the Plum Bay Phase III project located
on the northeast corner of Commercial Boulevard and Nob Hill Road.
RESOLUTION NO. R2002-64
i. PERFORMANCE BOND RELEASE — PLUM BAY PROJECT: (TR9052) Releasing
Public Improvement Performance Bond #584110 from Safeco Insurance Company of
America as Surety, in the amount of $38,727.00 posted by Pulte Homes, Inc. for paving
and drainage improvements constructed on NW 941h Avenue, south of Plum Bay
Parkway.
.RESOLUTION NO. R2002-65
i. STATE OF FLORIDA'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM: (TR9685) Amending the State of Florida's State Housing Initiatives
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Partnership (SHIP) Program budget of estimated revenues and expenditures by
accepting an additional allocation of excess funds in the amount of $18,596.00
collected in FY 2000-2001 to be utilized according to the City of Tamarac's Local
Housing Assistance Plan (LHAP) and Housing Delivery Goals Chart during Fiscal Year
2001-2002; authorizing the appropriate City officials to appropriate said funds including
any and all subsequent budgetary transfers (Case No. 4-MI-02).
RESOLUTION NO. R2002-66
k. PURCHASE WATER METERS - SUNSTATE METER AND SUPPLY COMPANY:
(TR9719) Purchasing Neptune water meters from Sunstate Meter and Supply, Inc.,
utilizing the City of Pompano Beach Bid Number H-14-00, entitled "Water Meters" for a
maximum annual cost of $80,000.00 for the purpose of replacing and installing new
water meters; approving funding from the appropriate Utilities Operational accounts.
RESOLUTION NO. R2002-67
I. PARKS AND RECREATION USER FEES - SUMMER CAMP PROGRAM: (TR9716)
Establishing user fees for the City of Tamarac Parks and Recreation Department
Summer Camp Program effective fiscal year 2002.
RESOLUTION NO. R2002-68
M. AGREEMENT RENEWAL - SUN RECYCLING LLC: (TR9717) Authorizing a one year
renewal to the agreement between the City and Sun Recycling LLC for the disposal of
City generated construction debris; executing an agreement amendment to exercise the
first renewal period; authorizing an annual expenditure in an amount not to exceed
$40,000.
RESOLUTION NO. R2002-69
n. AGREEMENT - MCNAB PARK RESTORATION: (TR9720) Executing Addendum II to
the Conceptual Approval Agreement between the City of Tamarac and the Florida
Communities Trust.
RESOLUTION NO. R2002-70
o. AGREEMENT - TAMARAC SPORTS COMPLEX PHASE II: (TR9722) Accepting a
grant in the amount of $150,000 from the Florida Department of Environmental
Protection Land and Water Conservation Fund Program; executing an Agreement
between City of Tamarac and the Florida Department of Environmental Protection Land
and Water Conservation Fund Program in the amount of $150,000, providing for a cash
match of $150,000 for a total project cost of $300,000.
RESOLUTION NO. R2002-71
END OF CONSENT AGENDA
REGULAR AGENDA
Commissioner Roberts seconded by Vice Mayor Sultanof moved to withdraw Item 6 from the
regular agenda. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes",
Commissioner Mishkin "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion
carried.
ORDINANCE — FIRST READING
6. AMENDING CHAPTER 10 OF THE TAMARAC CODE — SITE PLAN SUBMISSIONS:
(TO1956) Motion to adopt Ordinance on first reading amending Chapter 10 entitled, "Land
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Development Regulations", Article III entitled, "Site Plan Submissions", Section 10-48(b)
entitled, "Development Within Environmentally Sensitive Areas", adding a new Section 10-
48(b)(2) incorporating procedures for wildlife protection on parcels proposed for land clearing,
development or redevelopment (Case No. 1-MI-02); providing for codification.
WITHDRAWN
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
7. AMENDING PRIOR ZONING - KINGS POINT COMMERCIAL PARK PLAT —
CATALINA LAKES. (TO1962) Motion to adopt Ordinance on second 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 map to reflect such change. City Attorney
Kraft read Temporary Ordinance 1962 on second reading by title. Commissioner Roberts
seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-
judicial procedures, and Attorney Gerald Knight waived his quasi-judicial rights on behalf of the
applicant. Community Development Director King gave a presentation and noted that monies
set aside for landscaping would be put towards the curbing. Mayor Schreiber opened the
public hearing and Stan Starman of Southampton asked why and when it was changed from
homes to apartments. Mr. Knight and Community Development Director King responded and
said R-4A classification is a permitted use for townhomes and these townhomes are not
rentals. Lucille Grossman of Southampton asked about landscaping. Community
Development Director King said there would be sufficient landscaping along the perimeter and
along the canal. The anticipated landscaping is in excess of that put into communities by
Lennar. 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 Partner
"yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO, 0-2002-09
8. REVISED DEVELOPMENT ORDER NO. 280.2 AND MAJOR REVISED SITE PLAN -
ZEPHYRHILLS: (TR9693) Motion to approve Resolution issuing Revised Development Order
No. 280.2 and Major Revised Site Plan approval for Zephyrhills to allow the installation of a
10,000 gallon above -ground fuel storage tank in order to service the fleet of delivery vehicles
for the Zephyrhills bottling facility, located at 10599 NW 67 Street (Tamarac Commerce Park);
specifically Parcel "A" of the "Tamarac 1299 Land Trust" Plat, according to the Plat thereof as
recorded in Plat Book 151, Page 13 of the Public Records of Broward County, Florida,
pursuant to Chapter 10 of the Code of Ordinances of the City of Tamarac (Case No. 20-SP-
01); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9693
by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. City
Attorney Kraft explained the quasi-judicial procedures, and Attorney Gerald Knight waived his
quasi-judicial rights on behalf of the applicant. Community Development Director King gave a
presentation. Mayor Schreiber asked if the tank itself is closed on top and if there are other
tanks like this in the city. Community Development Director King responded the tank is sealed
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on top and while there are other smaller tanks in the city for LP gas, this is the first in
Commerce Park. Commissioner Roberts expressed concern regarding any affect to the
mitigation area and Community Development Director King said the tank has a good
monitoring system. Vice Mayor Sultanof asked if the tank is self contained and Mr. Knight
explained it is a steel, double -walled tank set on a concrete pad, hidden on two sides by a 7'
wall and landscaping around the outside wall. The tank is completely closed on top but there
is no roof to the enclosure. Mayor Schreiber opened the public hearing and Burt Schneider,
8016 NW 72nd St., asked about diking. Mr. Knight said OSHA does not require diking in this
type of tank. Mayor Schreiber questioned monitoring and Jeff Kaiser, the contractor,
explained fuel system and monitoring system. 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.
RESOLUTION NO. R2002-72
9. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN — U.S.
HEALTHWORKS: (TR9694) Motion to approve Resolution issuing Revised Development
Order No. 298.2 and Major Revised Site Plan approval for U. S. Healthworks to allow the
construction of a 2,000 square foot Physical Therapy Room addition to the east side of the
existing HealthSouth Health Clinic with associated modifications to parking and landscape
areas, located at 8290 North University Drive; specifically Lots 9 and 10, less the west 40 feet
thereof, Block 12 of the "Lyons Commercial Subdivision No. 3" Plat, according to the Plat
thereof as recorded in Plat Book 76, Page 31 of the Public Records of Broward County,
Florida. City Attorney Kraft read Temporary Resolution 9694 by title. Vice Mayor Sultanof
seconded by Commissioner Mishkin moved approval. City Attorney Kraft explained the quasi-
judicial procedures and Steven Cohen, architect, waived his quasi-judicial rights on behalf of
U.S. Healthworks. Community Development Director King gave a presentation.
Commissioner Roberts questioned how far east the building will extend towards the
Heathgate-Sunflower community and the affect of moving the lighting. Community
Development Director King said he would look at the impact of the setback, and because the
applicant must meet the lighting code, there will be no spillage on residents east of the facility.
Commissioner Roberts asked if residents were notified of the public hearing and Community
Development Director King responded that notification by mail was not required. Mayor
Schreiber asked about adding 2,000 sq. ft. to the existing building in the rear. Mr. Cohen said
it is 65' from the property line. Commissioner Roberts questioned hours of operation with
regard to the loading zone, and Community Development Director King explained that the
code requires a loading zone but for this project there would be no large trucks making
deliveries at the facility. Commissioner Portner asked about the width of the parking spaces
and Mr. Cohen said they are 10' wide. Mayor Schreiber opened the public hearing and Burt
Schneider, 8016 NW 72nd St., suggested applicants provide color renderings of their projects
at commission meetings. Mayor Schreiber agreed. Community Development Director King
said staff notifies applicants to bring color renderings to Planning Board and commission
meetings. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On
roll call Vice Mayor Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Roberts
"yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-73
10. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN -
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ALLGAR OFFICE BUILDING: (TR9695) Motion to approve Resolution issuing Revised
Development Order No. 298.3 and granting New Development Site Plan approval to Allgar
Office Building to allow the construction of a 4,100 square foot one-story building, located at
7820-7822 North University Drive, specifically Lot 21, Block 11 of the "Lyons Commercial
Subdivision No. 3" Plat, according to the Plat thereof as recorded in Plat Book 76, Page 31 of
the Public Records of Broward County, Florida. City Attorney Kraft read Temporary
Resolution 9695 by title. Vice Mayor Sultanof seconded by Commissioner Mishkin moved
approval. City Attorney Kraft explained the quasi-judicial procedures, and Lawrence Kramer,
South East Architect Services, Inc., waived his quasi-judicial rights on behalf of the applicant.
Community Development Director King gave a presentation. Vice Mayor Sultanof spoke about
a monument sign and Mr. Kramer said the requirement would be met. Commissioner Roberts
questioned the access road, site location, the distance from the building to the wall and hours
of operation. Community Development Director King responded that the property is on the
access road, does not have direct access to University, and is north of Century 21. Mr.
Kramer said the building would be 100' from the wall and would be used as an insurance
agency and optometrist office, which are quiet uses. 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 Mishkin "yes", Commissioner Portner "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-74
11. LIMITED PARKING WAIVER - GRACE TABERNACLE WORSHIP AND PRAISE
MINISTRIES: (TR9680) Motion to approve Resolution granting a Limited Parking Waiver of
five (5) required parking spaces for a church proposed to be located in the Commercial
Square Shopping Center on evenings and Sundays when most of the businesses are closed
to Grace Tabernacle Worship and Praise Ministries located at 8448 NW 57 Street; specifically
Lot 8, Block 7 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as
recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida (Case
No. 2-Z-02); providing for conditions of approval. City Attorney Kraft read Temporary
Resolution 9680 by title. Vice Mayor Sultanof seconded by Commissioner Mishkin moved
approval. City Attorney Kraft explained the quasi-judicial procedures, and Nigel Smith, on
behalf of Grace Tabernacle Worship and Praise Ministries, waived his quasi-judicial rights.
Community Development Director King gave a presentation. Mayor Schreiber questioned the
location and existing businesses. Community Development Director King said the shopping
center is east of David's Catering, on the north side of Commercial Blvd., and there is a nail
salon and beauty supply business on the premises. Vice Mayor Sultanof asked if there is
parking on all four sides and Community Development Director King responded in the
affirmative. Commissioner Roberts questioned the evening and Sunday service times. Mr.
Nigel said services would be from 9 a.m.-12 noon on Sundays and 7:30-9:00 p.m. in the
evenings. 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 Mishkin
"yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2002-75
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
March 13, 2002
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There being no further business to come before the City Commission, Mayor Schreiber
adjourned the Regular City Commission meeting at 8:15 p.m.
7 J E SCHREIBER, MAYOR
MARION S ENSON, CIVIC
CITY CLERK
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March 13, 2002
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