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HomeMy WebLinkAbout2002-05-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MAY 22, 2002 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 a.m. on May 22, 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. 1. PUBLIC PARTICIPATION: Ron Peters, 5884 N Plum Bay Parkway, questioned the status of the proposed high school and said he is in agreement with the Commission's opposition to the Broward County Charter Review Committee's recommendation on fire rescue services. Mayor Schreiber and Commissioner Roberts said a high school is on the city's wish list and at this time. Mayor Schreiber said the proposed county referendum would have little affect on city service. Vice Mayor Portner added that the Commission is working for a high school and Commissioner Roberts is leading the effort. Odiel Feyers, 7421 NW 70th Avenue, said despite measures taken by BSO, speeding on 70th Avenue continues to be a problem. Mayor Schreiber said the city is working on the matter and he had suggested speed humps in the past. Commissioner Roberts said she has been working with the City Manager and Public Works for over a year to get speed humps, but the county opposes them. Commissioner Sultanof said it is not possible to station a deputy at a particular location on a constant basis, and added that if possible residents should get the tag number of the speeding vehicle and call it in to the proper authorities. Barbara Crews, 7000 NW 74th Place, requested a 4-way stop be installed at the intersection of 74th Place and 70th Avenue. REPORTS 2. City Commission: Commissioner Mishkin had no report. Commissioner Sultanof said it is a national duty to remember those who fought for this country on Memorial Day. Commissioner Sultanof said he attended an all day session yesterday, and projections for 2003 and 2004 are good, and the Commission is doing a good job and he hopes the Commission will be able to accomplish everything the residents want. Vice Mayor Portner spoke about a recent Tamarac sponsored trip he took to Biloxi, Mississippi, and commended Special Events Manager Charlene Nevadomski for an excellent job. May 22, 2002 1 Commissioner Roberts asked everyone to drive carefully over the Memorial Day holiday. Commissioner Roberts asked BSO Chief Dugger to monitor the intersection of 74t" Place and 70t" Avenue to determine if a 4-way stop would be beneficial. Chief Dugger said the area was monitored and there were only a few violations. Mayor Schreiber had no report. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported that BSO will hold anti -theft rallies on June 8" 8:30-11:30 a.m. at City Hall, and June 29t", 8:30-11:30 a.m. at the Heathgate Sunflower clubhouse. There were 10 traffic fatalities in Tamarac last year and 70% of the victims did not use safety restraints. The Fire Department employees who received honors at recent competitions will be invited to come before the commission to be recognized at a future commission meeting. The Veterans Affairs Committee invites everyone to the May 27th Memorial Day ceremonies at 10:00 a.m. at Veterans Parka Social Services and the Personnel Department sponsored the 3rd annual Health Fair on May 18th at the Community Center and performed nearly 450 health screenings and demonstrations for residents. On May 29t" Tamarac will participate in Challenge Day 2002. Daily physical activity promotes health and well being. Residents may sign-up at the Community Center. CONSENT AGENDA 5. Commissioner Sultanof seconded by Commissioner Roberts moved approval of all items on the consent agenda. On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Partner "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the May 6, 2002 Special Commission meeting. APPROVED b. APPROVE the minutes of the May 8, 2002 Regular Commission meeting. APPROVED C. NINETEENTH AMENDMENT TO INTERLOCAL AGREEMENT - LOCAL OPTION GAS TAX: (TR9774) Executing the Nineteenth Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance. RESOLUTION NO. R2002-128 d. 2002 AMENDMENT TO INTERLOCAL AGREEMENT - ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL: (TR9775) Executing the 2002 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance. RESOLUTION NO. R2002-129 May 22, 2002 2 e. 2002 AMENDMENT TO INTERLOCAL AGREEMENT - FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT: (TR9776) Executing the 2002 Amendment to Intedocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit. RESOLUTION NO. R2002-130 f. FY01 WATER AND WASTEWATER SYSTEM ANNUAL REPORT: (TR9770) Receiving the Fiscal Year 2001 City of Tamarac Water and Wastewater System Annual Report prepared by the City's Consulting Engineers, Mathews Consulting, Inc., on behalf of the City of Tamarac's Utilities Department as required by Bond Covenants for Continuing Disclosure for the Taxable Water and Sewer Utility Revenue Refunding Bonds Series 1996 and Refunding Bonds Series 1992. RESOLUTION NO. R2002-131 g. PERFORMANCE BOND RELEASE - BRISTOL PARK A.L.F. PROJECT: (TR9781) Releasing a Performance Bond in the form of Letter of Credit #98-107 from Colonial Bank, in the amount of $1,626.00 posted by Bristol Park of Tamarac, Limited, for paving and drainage improvements constructed for the Bristol Park Assisted Living Facility project located on the southwest corner of McNab Road and Northwest 70th Avenue. RESOLUTION NO. R2002-132 h. PERFORMANCE BOND RELEASE - BRISTOL PARK OF TAMARAC: (TR9767) Releasing a Public Improvement Performance Bond in the form of an Irrevocable Letter of Credit #98-106 in the amount of $33,575.00 for the Water Distribution and Sewage Collection System Improvements installed by Bristol Park of Tamarac, Limited for the Bristol Park of Tamarac Project located at 6855 NW 70th Avenue; authorizing the appropriate city officials to waive the requirement for the receipt of a one year warranty bond; authorizing the City Clerk to release irrevocable Letter of Credit #98-106. RESOLUTION NO. R2002-133 i. MERRILL GARDENS PHASE II WATER AND SEWER DEVELOPER'S AGREEMENT - FIRST AMENDMENT: (TR9753) Executing a First Amendment to the Water and Sewer Developer's Agreement with Merrill Gardens, L.L.C., for the Merrill Gardens, Phase II Project, located on the southeast corner of University Drive and NW 77th Street, adding one additional water meter requiring 4 ERC's for water and 4 ERC's for sewer establishing additional contribution charges in the amount of $12,800.00; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2002-134 j. VACATION OF EASEMENT - TAMARAC BUSINESS CENTER SECTION 2 PLAT: (TR9777) Granting a Vacation of Easement of an existing twelve (12') foot wide utility easement located along the property line between Lots 7 and 8 of the "Tamarac Business Center Section 2" Plat; specifically a portion of Lots 6, 7 and 8 of the "Tamarac Business Center Section 2" Plat, according to the Plat thereof as recorded in Plat Book 61, Page 50 of the Public Records of Broward County, Florida (Case No. 2-P-02). RESOLUTION NO. R2002-135 May 22, 2002 3 k. VACATION OF EASEMENT - WOODMONT TRACT 53: (TR9784) Granting a Vacation of Easement of an existing twenty (20') foot canal maintenance easement located at 8109 Nutmeg Way; specifically Lot 3 of the "Woodmont Tract 53" Plat, according to the Plat thereof as recorded in Plat Book 95, Page 11 of the Public Records of Broward County, Florida (Case No. 4-P-02). RESOLUTION NO. R2002-136 AGREEMENT - FUEL MONITORING SYSTEM - BID NO. 02-0713: (TR9779) Awarding Bid No. 02-07B to ENSAT Corporation for installation of a fuel monitoring system; authorizing the appropriate City Officials to execute an agreement with ENSAT Corporation; authorizing an expenditure in an amount not to exceed $27,880.00; authorizing budgetary transfers as necessary for proper accounting procedures. RESOLUTION NO. R2002-137 M. REVISION TO PERMIT FEE STRUCTURE: (TR9740) Increasing and restructuring Building Department permit fees. RESOLUTION NO. R2002-138 n. SUPPORTING THE EFFORTS OF THE BROWARD COUNTY FIRE RESCUE TASK FORCE: (TR9793) Supporting the efforts of the Broward County Fire Rescue Task Force and opposing a proposal of the Broward County Charter Review Commission. RESOLUTION NO. R2002-139 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE — FIRST READING 6. AMENDING ARTICLE VI, SECTION 6.04 OF THE CITY CHARTER — CHANGING THE CHARTER BOARD FROM AND ELECTED TO AN APPOINTED BOARD: (TO1965) Motion to adopt Ordinance on first reading amending Article Vill, Section 8.01 of the City Charter, entitled "Terms and Qualifications", amending Article VI, Section 6.04 of the City Charter entitled "Elections"; changing the Charter Board from an elected to an appointed board; replacing the elected Charter Board; providing for term of office; providing for transition; providing for removal from office; providing that if the amendment is approved by a majority of the voters at the September 10, 2002 election, then such amendment shall become a part of the City Charter upon certification and acceptance of the election results; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Kraft read Temporary Ordinance 1965 by title on first reading. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. Commissioner Roberts asked Bert Buckley, Chairperson of the Charter Board, to speak on this item. Mr. Buckley said the Charter Board had discussed an appointed versus an elected board at its last two meetings, and voted 4-1 to recommend changing from an elected to an appointed board. 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 May 22, 2002 4 PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCE — SECOND READING 7. FLORIDA POWER & LIGHT COMPANY FRANCHISE: (TO1964) Motion to approve Ordinance on second reading granting to Florida Power & Light Company, its successors and assigns, an electric franchise, imposing provisions and conditions relating thereto and providing for monthly payments to the City of Tamarac; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Kraft read Temporary Ordinance 1964 on second reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing. City Attorney Kraft explained that FPL agreed to a 5.9% franchise fee with no property tax offset. With no one from the public wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Partner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2002-10 QUASI -.JUDICIAL HEARINGS 8. SPECIAL EXCEPTION - FEENEY'S IRISH PUB: (TR9768) Motion to approve Resolution granting a Special Exception to allow the operation of a restaurant and bar with on -site consumption of alcoholic beverages in a B-2 (Community Business District) zoning category to Feeney's Irish Pub located at 7513 NW 57th Street (Big Lots Plaza); specifically all of Parcels "B" and "C" of "The Mainlands of Tamarac Lakes Ninth Section" Plat, according to the Plat thereof as recorded in Plat Book 67, Page 48 of the Public Records of Broward County, Florida, less that portion quit claimed to Broward County in Official Records Book 16456, Page 727 Broward County Records (Case No. 5-Z-02); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9768 by title. Vice Mayor Partner seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney Emerson Allsworth waived his quasi-judicial rights on behalf of the applicant. Commissioners Roberts and Sultanof, and Mayor Schreiber disclosed ex-parte communications with Attorney Allsworth and/or the applicant. Community Development Director King gave a presentation. Vice Mayor Portner asked for an explanation of a typical Irish pub, and questioned closing hours. Attorney Allsworth explained its similarity to an English pub, offering a combination bar/restaurant, beer on draft, dart board, pool table and live entertainment on special occasions. Mr. Feeney said some cities allow closing times of 3:00, 4:00 or 5:00 a.m., but he prefers 2:00 a.m. as he will manage the pub and intends to close earlier if patronage is light. Mayor Schreiber opened the public hearing. Marvin Seidel, 9645 Belfort Circle, Tamarac, asked if whiskey would be served, and Mr. Feeney responded he would have a full liquor license. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-140 May 22, 2002 5 9. DELEGATION REQUEST - WESTPOINT SECTION 7 PLAT: (TR9791) Motion to approve Resolution approving a delegation request to amend the note on the "Westpoint Section 7 Plat" to accurately reflect the approved square footage and uses on certain tracts as specified in the Westpoint Development of Regional Impact (DRI), specifically Tracts "A", "B", "C" and "D" of the "Westpoint Section 7 Plat", according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida; located at the northwest corner of Commercial Boulevard and Nob Hill Road (Case No. 3- P-02). City Attorney Kraft read Temporary Resolution 9791 by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney Susan Motley, representing Westpoint and Higgins Development, waived her quasi-judicial rights. Community Development Director King gave a presentation. Mayor Schreiber questioned the location for automobile storage and Community Development Director King explained the location remains the same as approved a month ago. Attorney Motley noted this is basically a housekeeping measure. Commissioner Roberts asked about the future hotel and Attorney Motley said this amendment also corrects the hotel location on the plat. Vice Mayor Portner questioned the reduction in office square footage, and Community Development Director King said number of trips is calculated by use designation and since office use generates fewer trips than commercial, some square footage will be moved to the commercial area from the office use area. 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 Roberts "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-141 10. REVISED DEVELOPMENT ORDER - INTERNATIONAL BULLION: (TR9782) Motion to approve Resolution issuing Revised Development Order No. 315.4 and granting New Development Site Plan approval to International Bullion at Westpoint Centre to allow the construction of an 80,345 square foot office, manufacturing and warehouse facility with associated parking, landscaping and infrastructure improvements, located at the northwest corner of Hiatus Road and Commercial Boulevard (Westpoint Centre), specifically a portion of Tract "B" of the "Westpoint Section 7" Plat, according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida (Case No. 4-SP- 02); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9782 by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney Susan Motley waived her quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Vice Mayor Partner questioned the number of disabled parking spaces and fire hydrants, and the location of the easement. Community Development Director King said the spaces fall within the proper ratio, the three fire hydrants meet fire code requirements and the easement is between the parking drive aisle and lake. 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 Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-142 May 22, 2002 6 11. REVISED DEVELOPMENT ORDER - BP AMOCO: (TR9778) Motion to approve Resolution issuing Revised Development Order No. 170.1 and Major Revised Site Plan approval for BP Amoco Facility #835 to allow the construction of a new 2,880 square foot convenience store facility with retail fuel sales and a 968 square foot accessory car wash, located at 4990 North State Road 7; specifically a portion of Lots 6, 7 and 8 of the "Tamarac Business Center Section 2" Plat, according to the Plat thereof as recorded in Plat Book 61, Page 50 of the Public Records of Broward County, Florida (Case No. 29-SP- 01). City Attorney Kraft read Temporary Resolution 9778 by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney Susan Motley waived her quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Vice Mayor Portner questioned the islands/pumps, fire hydrants, anticipated completion date, car wash and magazine sales. Community Development Director King said it would be an eight -isle configuration with each pump providing three types of gasoline. The seven access points to the site will be reduced to two; there will be one fire hydrant near the entrance to Commercial Boulevard and one on State Road 7, and anticipated completion is next year. Tim Bauer, Project Manager, explained water from the car wash would be recycled and magazines would not be sold. Attorney Motley noted a right turn lane from 441 onto Commercial Boulevard would be constructed. Commissioner Sultanof asked if the driveways would be widened, and Community Development Director King said the remaining ones would be widened and tapered to assist drivers making turns. Commissioner Sultanof questioned the name of the facility and razing the old tanks in compliance with EPA directives. Mr. Bauer said the facility will be called BP Connect and Attorney Motley said the applicant is required by law to be compliant relative to the tanks. 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 Roberts "yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-143 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 10:00 a.m. r OE SCHREIBER, MAYOR MARION -CITY CLERK SWENSON, CMC CITY F .� APPROVED AT MEEVXG OF /�� May 22, 2002 7 17 1