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
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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
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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
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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
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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
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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
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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
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May 22, 2002
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