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HomeMy WebLinkAbout2000-06-14 - City Commission Regular Meeting MinutesCIY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, JUNE 14, 2000 CALL TO ORDER: Mayor Schreiber called the Regular City Commission meeting to order at 7:00 P.M. on Wednesday, June 14, 2000, in Chambers, 7525 NW 881h Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, and Commissioner Marc L. Sultanof. ABSENT AND EXCUSED FOR CAUSE: Commissioner Larry Mishkin. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and Interim City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Schreiber announced that Flag Day is celebrated on June 141h as well as Pause for the Pledge of Allegiance. Mayor Schreiber welcomed members of Tamarac Elementary School, a National School of Excellence, and Principal Kathleen Goldstein. The students led the Pledge of Allegiance and gave a presentation. 1. PRESENTATION of a proclamation by Mayor Schreiber and Vice Mayor Roberts, congratulating and acknowledging Theresa Constanzo as the Small Business Person of the Year 2000 for the Tamarac Chamber of Commerce. Theresa Constanzo accepted. 2. PRESENTATION of a proclamation by Mayor Schreiber proclaiming July 2000 as Parks and Recreation Month. Parks and Recreation Director Margoles accepted. 3. PUBLIC PARTICIPATION: Hilda K. Gianfala, 8205 NW 6111 Street, #318, Tamarac, FL and Burt Schneider, 8016 NW 72"d Street, Tamarac, FL spoke in favor of the Senior and Community Center proposed name change. Murray Kahn, 9212 NW 60`h Street, Tamarac, FL and Harry Rosen, 7100 NW 891h Avenue, Tamarac, FL spoke against the proposed Senior and Community Center name change. INA191.-bI t 4. City Commission: Vice Mayor Roberts thanked the Tamarac Elementary students for attending the meeting. Vice Mayor Roberts reminded everyone that Friday is the last day of the school year, and asked everyone to drive carefully. Commissioner Portner had no report. Commissioner Sultanof had no report. June 14, 2000 Regular City Commission Meeting Minutes 1 Mayor Schreiber said he received good news from City Manager Miller regarding grants. Tamarac has received about $500,000 in grant funds for various programs throughout the City. Mayor Schreiber said he attended the Mayors' Conference in Seattle Washington this past week, and it was an extremely good conference. Over 300 Mayors from throughout the United States attended, and many important matters affecting cities throughout the United States were discussed. Mayor Schreiber said his Standing Committee discussed time off for cancer screening and long term assistance plans, as well as cancer awareness for both men and women. Vice President Al Gore, George W. Bush, and Jesse Jackson were among the keynote speakers. Mayor Schreiber reminded everyone that school will be out for the summer and asked everyone to drive carefully. 5. Citv Attorney: City Attorney Kraft had no report. 6. City Manager: City Manager Miller said there will be a ribbon cutting ceremony for the expansion of Fire Station #2 on Tuesday, June 27tn at 10:00 AM. Approximately 325 residents received information on hurricane preparedness and fire safety from the Fire Department, sponsored by Don Carter Lanes. Parks and Recreation will participate in the Arts of Florida Creative Solutions Conference. There will be a Fathers' Day fishing event at Caporella Park. An open house will be held for Summer Camp on Friday, June 23'd at 6:00 PM, and Camp begins on Monday, June 26tn CONSENT AGENDA Commissioner Partner seconded by Commissioner Sultanof moved to Table Item 7(m) on the Consent Agenda to the June 28, 2000 City Commission meeting at or after 9:00 AM. On roll call Commissioner Portner voted "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Sultanof seconded by Vice Mayor Roberts moved to pull Items 7(f), 7(h), 7(i) and 7(k) from the consent agenda for discussion. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. Mayor Schreiber asked if there is a warranty on the purchase of furniture included in Item 7(f), PURCHASE OF CONFERENCE ROOM AND OFFICE FURNITURE: (TR9043) Authorizing the purchase of conference room and office furniture from Thomas W. Ruff & Co. in an amount not to exceed $28,023.00 under State of Florida Contract Numbers 425-001-97-1 and 425-050-97-1 for the Senior & Community Center; providing for funding. Parks and Recreation Director Margoles and Purchasing and Contracts Manager Flurry responded that there is a 25-year warranty on the furniture. Mayor Schreiber asked if there is a cost to the City for Item 7(h), PARENT TRAINING AGREEMENT: (TR9045) Executing a partnership agreement between the City of June 14, 2000 Regular City. Commission Meeting Minutes 2 0 LJ Tamarac and the Mental Health Association of Broward County relating to parent training; providing for insurance requirements; providing for waiver of liability. Parks and Recreation Director Margoles responded there is no cost to the City. Mayor Schreiber asked if there is any cost to the City for Item 7(i), AGREEMENT RENEWAL - AFTER SCHOOL PROGRAMS: (TR9049) Executing an amendment to the agreement between the City of Tamarac and After School Programs, Inc., for providing professional childcare services in the before/after school, winter and spring break and kid's days off programs, exercising the option to renew for the 2000/2001 school year. Parks and Recreation Director Margoles responded this is an after school program that is paid for by the parents. Mayor Schreiber asked what FPL Fibernet is paying in the Interim Agreement referred to in Item 7(k), AGREEMENT WITH FPL FIBERNET, INC.: (TR9054) Executing an interim agreement with FPL Fibernet, Inc., for access to public rights -of -way to install telecommunication facilities. Assistant City Manager Hemstreet gave a presentation. 7. Commissioner Sultanof seconded by Vice Mayor Roberts moved to approve Items 7(a) through 7(I) on the Consent Agenda. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the May 24, 2000 Commission meeting. APPROVED b. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS M AGREEMENT: (TR8994) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with Wynne Building Corporation for the signs and sidewalk constructed in a Utility Easement in the Hampton Inn Hotel project located on the northeast corner of Commercial Boulevard and NW 471h Terrace; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2000-143 C. PERFORMANCE BOND RELEASE-CULLIGAN WATER COMPANY: (TR8998) Releasing a Public Improvement Performance Bond in the form of an Irrevocable Standby Letter of Credit #SFL/P030222 from SunTrust Bank, in the amount of $27,000.00 subject to the receipt of a one-year warranty bond in the amount of $6,598.25 for the Water Distribution and Sewage Collection System Improvements installed by N&S Butters, for the Culligan Water Company Project located on the east side of Hiatus Road south of NW 67th Street, RESOLUTION NO. R200-144 d. PERFORMANCE BOND RELEASE - KINGS POINT THEATER: (TR8980) Releasing a Public Improvement Performance Bond in the form of an Irrevocable Standby Letter of Credit #S960913 from SunTrust Bank, Miami, N.A., in the June 14, 2000 Regular City Commission Meeting Minutes 3 amount of $31,689.00 for the water distribution system improvements installed by Lennar Homes, Inc., for the Kings Point Theater project located on the southeast corner of Nob Hill Road and NW 771h Street. RESOLUTION NO. R2000-146 e. WATER AND SEWER DEVELOPER'S AGREEMENT - SONNY'S: (TR8991) Accepting and executing a Water and Sewer Developer's agreement with West Point Land, L.L.C., for the Sonny's Enterprises, Inc. project located on the west side of Hiatus Road just north of Commercial Boulevard for one non-residential water and sewer building connection and one irrigation connection requiring 10.5 ERC's for water and 8 ERC's for sewer, requiring the payment of $29,100.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2000-146 f. PURCHASE OF CONFERENCE ROOM AND OFFICE FURNITURE: (TR9043) Authorizing the purchase of conference room and office furniture from Thomas W. Ruff & Co. in an amount not to exceed $28,023.00 under State of Florida Contract Numbers 425-001-97-1 and 425-050-97-1 for the Senior & Community Center; providing for funding. RESOLUTION NO. R2000-147 g. INTEGRATED SECURITY MANAGEMENT SYSTEM - SENIOR & COMMUNITY CENTER: (TR9016) Executing an agreement between the City of Tamarac and Simplex Time Recorder Company for installation of an integrated security management system including access control, CCTY and intrusion detection at the Senior & Community Center in an amount not to exceed $51,450.00; approving funding from the appropriate Parks and Recreation account. RESOLUTION NO. R2000-148 h. PARENT TRAINING AGREEMENT: (TR9045) Executing a partnership agreement between the City of Tamarac and the Mental Health Association of Broward County relating to parent training; providing for insurance requirements; providing for waiver of liability. RESOLUTION NO. R2000-149 i. AGREEMENT RENEWAL - AFTER SCHOOL PROGRAMS: (TR9049) Executing an amendment to the agreement between the City of Tamarac and After School Programs, Inc., for providing professional childcare services in the before/after school, winter and spring break and kid's days off programs, exercising the option to renew for the 2000/2001 school year. RESOLUTION NO. R2000-160 j. FIRST UNION NATIONAL BANK - BANKING SERVICES: (TR9048) Executing an addendum to the existing agreement between the City of Tamarac and First Union National Bank exercising the option to extend First Union National Bank's banking services contract for one additional year. RESOLUTION NO. R2000-151 June 14, 2000 Regular City Commission Meeting Minutes 4 k. AGREEMENT WITH FPL FIBERNET, INC.: (TR9054) Executing an interim agreement with FPL Fibernet, Inc., for access to public rights -of -way to install telecommunication facilities. RESOLUTION NO. R2000-152 I. AGREEMENT FOR TRANSPORTATION CORRIDOR PLANS: (TR9030) Executing an agreement with HBI Planning Services, Inc. for the preparation and completion of transportation corridor plans for segments of University Drive and Commercial Boulevard in accordance with LOI 00-11 L Tamarac Transportation Corridor Plans project; Case No. 15-MI-00. RESOLUTION NO. R2000-153 M. QUIT CLAIM DEED - GRANVILLE AT KINGS POINT PROJECT: (TR8785) Accepting the dedication of certain retention areas and executing a Quit Claim Deed with Lennar Land Partners and Lennar Homes, Inc. for the Granville at Kings Point Project; authorizing and directing the City Clerk to record said Quit Claim Deed in the Public Record of Broward County. TABLED TO JUNE 28, 2000, AT OR AFTER 9:00 AM END OF CONSENT AGENDA NNEr-111111 W-11 ZT L Vice Mayor Roberts seconded by Commissioner Sultanof moved to table Item No, 15, Temporary Resolution 9038 to the June 28, 2000 City Commission meeting, at or after 9:00 AM. Item No. 15, REVISED DEVELOPMENT ORDER & NEW DEVELOPMENT SITE PLAN - CITY FURNITURE: (TR9038) Motion to adopt resolution issuing Revised Development Order No. 288.2 and granting New Development Site Plan approval for City Furniture to allow the construction of a 917,014 square foot, two-story building to include 52,754 square feet of showroom (retail) space, a 6,215 square foot restaurant, 4,528 square foot of office space, and 791,481 square feet of warehouse space on the first floor; with 34,500 square feet of retail space and 27,556 square feet of office space on the second floor, and associated landscaping, parking and infrastructure improvements; located at Hiatus Road and Sawgrass Expressway; Case No. 13-SP-00. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. Vice Mayor Roberts seconded by Commissioner Sultanof moved to add Temporary Resolution 9053 as Item 8(b) to the Regular Agenda. Item 8(b), NAMING THE SENIOR & COMMUNITY CENTER: (Temporary Resolution 9053) Naming the newly constructed Senior & Community Center Project, located at 8601 West Commercial Boulevard, Tamarac, the "Tamarac Community Center"; providing for conflicts; providing for severability; and providing an effective date. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. June 14, 2000 Regular City Commission Meeting Minutes 5 8. CONSULTING SERVICES TO COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC.: (TR8959) Motion to adopt Resolution amending the contract for Consulting Services to Community Redevelopment Associates of Florida, Inc. (CRA), the successful bidder to LOI-98-L-04, to also include administration of the first year of the City of Tamarac's Consolidated Plan (a required document to receive the U. S. Department of Housing and Urban Development [HUD] Community Development Block Grant [CDBG] Program Funds) for administrative service fees rendered October 1, 2000 thru September 30, 2001; Case No. 7-MI-00. City Attorney Kraft read Temporary Resolution 8959, Revision #1 by title. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval. Code Enforcement Manager Diemer gave a presentation. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-154 8(a). NAMING THE SENIOR & COMMUNITY CENTER: (Temporary Resolution 9053) Naming the newly constructed Senior & Community Center Project, located at 8601 West Commercial Boulevard, Tamarac, the "Tamarac Community Center"; providing for conflicts; providing for severability; and providing an effective date. Mayor Schreiber read Temporary Resolution 9053 by title. Vice Mayor Roberts seconded by Commissioner Portner moved approval. Parks and Recreation Director Margoles gave a presentation. Vice Mayor Roberts said seniors are a very important part of the Tamarac community and the community center is for everyone. Commissioner Portner said it was originally his idea to change the name, and everyone is welcome to use the center. Mayor Schreiber said he did not feel the item should have been added to the agenda without the full commission in attendance. Mayor Schreiber said the center is for everybody and discussed the referendum vote for the Senior and Community Center. Mayor Schreiber said he did not feel there was a good reason to remove "Senior" from the name. Commissioner Portner asked Parks and Recreation Director Margoles if money was received from Broward County for the Center, and if it was stipulated that it must be a Senior Center. Parks and Recreation Director Margoles said money was received under a Community Development Block Grant, and the building does not have to include the word "Senior" in the name. Vice Mayor Roberts said there are senior programs, and one of the reasons that more space is needed is to house more programs. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "no". Motion carried. RESOLUTION NO. R2000-155 ORDINANCES - FIRST READINGS 9. APPOINTMENT OF VICE -MAYOR: (T01898) Motion to adopt Ordinance on first reading amending the Tamarac Charter, Article IV, Legislative, Section 4.03. Mayor and Vice -Mayor, requiring the election of Vice -Mayor each year for a one-year term with no succession; providing that mid-term Vice Mayoral appointments shall complete June 14, 2000 Regular City Commission Meeting Minutes 6 unexpired term; providing that if the amendment is approved by a majority of the voters at the September 5, 2000, Election, then such amendment shall become a part of the City Charter upon certification and acceptance of the election results; providing for codification. City Attorney Kraft read Temporary Ordinance 1898 on first reading by title. Vice Mayor Roberts seconded by Commissioner Portner moved approval. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. APPROVED FIRST READING PUBLIC HEARING — TEMPORARY ORDINANCE 1896 10. LAND USE PLAN AMENDMENT - PARCEL "A" OF THE "WOODMONT GARDENS" PLAT: (TO1896) Motion to adopt Ordinance on first reading, adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3187 of the Florida Statutes; concerning a Land Use Plan Amendment proposal by New Urban Communities Corporation to change the future land use designation of land described as Parcel "A" of the "Woodmont Gardens" Plat, according to the Plat thereof as recorded in Plat Book 135, Page 38 of the Public Records of Broward County, Florida, from Low (0-5) Residential to Medium (10-16) Residential, through allocation of fifty-five (55) flexibility units to allow for the construction of ninety-four (94) townhouse units; encompassing approximately seven (7) acres; providing for amendment to land use element to reflect such change. City Attorney Kraft read Temporary Ordinance 1896 on first reading by title. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval. Community Development Director King gave a presentation. Vice Mayor Roberts confirmed that the units already approved were not being changed, just the land use element. Commissioner Sultanof confirmed that the adjoining community was still in agreement with the proposed development. Community Development Director King said after staff review, some changes to the Ordinance are going to be made before second reading, and they will be in Sections 4 and 8 of the proposed Ordinance, the effective dates. Mayor Schreiber opened the public hearing. Bob Franklin, Lakes of Carriage Hills asked for an interpretation of 55 flexibility units, the square footage of each unit and the cost of each unit. Community Development Director King and Attorney Alan Gabriel referenced the presentation made to the Woodmont Homeowners earlier in the year. Burt Schneider, 8816 NW 72 Street, Tamarac, FL spoke about the Woodmont Homeowners' request regarding landscaping on the site, and the developer's agreement. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Commissioner Sultanof seconded by Vice Mayor Roberts amended the motion to approve Temporary Ordinance No. 1896 inclusive of proposed changes to Temporary Ordinance No. 1896 as suggested by Community Development Director King. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried, as amended. APPROVED FIRST READING June 14, 2000 Regular City Commission Meeting Minutes 7 REGULAR AGENDA CONTINUED 11. VACATION OF EASEMENT - WESTPOINT 7 PLAT: (TR9033) Motion to adopt Resolution granting the Vacation of Easements of the lake/drainage easements, lake maintenance easements and portions -of drainage easements within the Westpoint 7 Plat located at Hiatus Road, north of Commercial Boulevard; specifically a portion of Tract "B" and "C" and all of Tract "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; Case No. 3-P-00. City Attorney Kraft read Temporary Resolution 9033 by title. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval. Community Development Director King gave a presentation. Mayor Schreiber asked about drainage, and Gary A. Tenn of Miller, Legg and Associates responded that two acres of lakes were eliminated and there is an 11-acre lake to the northwest of the site that will be used for drainage. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-166 12, VACATION OF RIGHT OF WAY - CITY FURNITURE: (TR9055) Motion to adopt Resolution vacating the following sections of Right -of -Way (R.O.W.); described as a portion of the rights of way for NW 106 Avenue (Hiatus Road) as shown on "Florida Fruit Lands Company's Subdivision No. 2" as recorded in Plat Book 1, Page 102 of the Public Records of Broward County, Florida (BCPR) and on "Gould South" as recorded in Plat Book 159, Page 11, BCPR, and on "S&N Plat" as recorded in Plat Book 154, Page 38 BCPR; being more particularly described in Exhibit "A"; as well as a portion of the thirty (30) foot road reservation in the northwest 1 /4 of Section 7, Township 49 South, Range 41 East as shown on the "Florida Fruit Lands Company's Subdivision No. 2" as recorded in Plat Book 1, Page 102, BCPR and on "Gould South" as recorded in Plat Book 159, Page 11, BCPR; being more particularly described in Exhibit "B"; as well as a portion of the thirty (30) foot road reservation in the northeast 1/4 of Section 7, Township 49 South, Range 41 East, as shown on "Florida Fruit Lands Company's Subdivision No. 2" , as recorded in Plat Book 1, Page 102 BCPR; being more particularly described in Exhibit "C"; in order to be consistent with the proposed site plan and wetland mitigation area for City Furniture; Case No. 4-P-00. City Attorney Kraft read Temporary Resolution 9055 by title. Vice Mayor Roberts seconded by Commissioner Portner moved approval. Community Development Director King gave a presentation. On roll call Vice Mayor Roberts voted "yes", Commissioner Partner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-157 June 14, 2000 Regular City Commission Meeting Minutes 8 PUBLIC HEARINGS 7:30 P.M. ORDINANCES - SECOND READINGS - PUBLIC HEARINGS 13. MID -YEAR BUDGET AMENDING ANNUAL BUDGET OF ESTIMATED REVENUES AND EXPENDITURES FOR FY2000: (TO1894) Motion to adopt Ordinance on second reading, amending the annual budget of estimated revenues and expenditures for the fiscal year 2000; amending the personnel complement. City Attorney Kraft read Temporary Ordinance 1894 on second reading by title. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2000-16 14. PROPOSED FINANCING OF A RESCUE VEHICLE: (TO1897) Motion to adopt Ordinance on second reading, approving the execution and delivery of certain lease documents in connection with the proposed financing of a fire rescue vehicle under the existing and approved master lease -purchase agreement between the City and Kislak National Bank; amending the annual budget of estimated revenues and expenditures for the purchase. City Attorney Kraft read Temporary Ordinance 1897 on second reading by title. Vice Mayor Roberts seconded by Commissioner Portner moved approval. Vice Mayor Roberts confirmed that Temporary Ordinance 1897 is not for the purchase of a new fire engine, but for the financing of the fire engine. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2000-17 END OF PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS 15. REVISED DEVELOPMENT ORDER & NEW DEVELOPMENT SITE PLAN - CITY FURNITURE: (TR9038) Motion to adopt resolution issuing Revised Development Order No. 288.2 and granting New Development Site Plan approval for City Furniture to allow the construction of a 917,014 square foot, two-story building to include 52,754 square feet of showroom (retail) space, a 6,215 square foot restaurant, 4,528 square foot of office space, and 791,481 square feet of warehouse space on the first floor; with 34,500 square feet of retail space and 27,556 square feet of office space on the second floor, and associated landscaping, parking and infrastructure improvements; located at Hiatus Road and Sawgrass Expressway; Case No. 13-SP-00. TABLED TO JUNE 28, 2000 June 14, 2000 Regular City Commission Meeting Minutes 9 16. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN APPROVAL FOR WALGREENS: (TR9035) Motion to adopt Resolution issuing Revised Development Order No. 066.2 and Major Revised Site Plan approval for Walgreens to allow the demolition of the existing building and the construction of a 15,120 square foot free-standing building with associated parking, landscaping and infrastructure improvements; located at the northwest corner of Commercial Boulevard and Pine Island Road; pursuant to Chapter 10 of the Code of Ordinances of the City of Tamarac; Case No. 14-SP-00. City Attorney Kraft read Temporary Resolution 9035 by title. Vice Mayor Roberts seconded by Commissioner Portner moved approval. Heather Champenoy, representing the developer, waived her quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Commissioner Sultanof expressed concern about possible contamination from gas tanks and the drainage water from the car wash, and asked for confirmation that the tanks and car wash will be removed in compliance with and under the jurisdiction of the EPA. Ms. Champenoy said the removal of the tanks will be overseen by the EPA and will be done in accordance with EPA regulations. Mayor Schreiber asked about the City's exposure and liability if down the road there is environmental and water well pollution. City Attorney Kraft said the liability falls to the developer. Mayor Schreiber asked if the developer would give the City a hold harmless agreement and approval of Temporary Resolution 9035 would be contingent upon receipt of the hold harmless agreement. Ms. Champenoy agreed. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried contingent upon receipt of a hold harmless agreement from the developer with regard to ground seepage and contamination of the water wells. RESOLUTION NO. R2000-158 END OF QUASI-JUDICIAL HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the Regular Meeting at 8:30 PM. 0 CITE'' OF TALC MARION SW NSON, CMC APPROVED AT MEETING OF INTERIM CITY CLERK June 14, 2000 Regular City Commission Meeting Minutes 10