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HomeMy WebLinkAbout2001-06-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JUNE 27, 2001 CALL TO ORDER: Mayor Schreiber called the Regular Meeting of the City Commission to order at 9:00 a.m. on Wednesday, June 27, 2001, at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. 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. Mayor Schreiber called for the pledge of allegiance. 1. PRESENTATION of a proclamation by Mayor Schreiber, proclaiming the month of July 2001, as "Parks and Recreation Month." Parks and Recreation Director Margoles accepted and introduced Lance Moll, Parks Superintendent and Charlene Nevadomski, Special Events Manager. Ms. Nevadomski invited everyone to the City's July 41h Celebration. 2. PRESENTATION of a proclamation by Mayor Schreiber, recognizing Andrew Berns of Fast Signs, Small Business Person of the Year. Mayor Schreiber invited Community Development Director King and Ellen Aquilina of the Chamber of Commerce to the podium to join Andy Bern on his acceptance of the proclamation. 3. RECOGNITION by Personnel Director Swanson of recipients of awards in the first annual Reaching for the Stars Employee Recognition Program. Mars Award for Personal Growth and Achievement Tony Rabbat, Utilities Engineer, Utilities Department, Glen Johnson, Engineering Inspector, Utilities Department, Jeff Arillo, Engineering Inspector, Utilities Department, Anne Lodato, Senior Buyer, Finance Department, Scott Slovis, Code Enforcement Officer, Community Development, Joseph Scimeca, Code Enforcement Officer, Community Development, Trevor Feagin, GIS Manager, Community Development, Jeff Moral, Battalion Chief, Fire Department, Mauro Burgio, Stormwater Engineer, Public Works, Lee Rowbotham, Project Manager, Public Works, and Cindy Diemer, Housing & Code Enforcement Manager, Community Development. North Star Award for Excellence in Attendance Richard Ruhl, Water Treatment Plant Operator, Utilities Department, Mark Smith, Driver, Fire Rescue, and Matt Moore, Driver, Fire Rescue. June 27, 2001 Regular City Commission Meeting 1 Saturn Award for Helping Hands Bryan Hurst, Lieutenant, Fire Department. Mercury Award for Excellence in Customer Service Dave Radzivill, Rescue Supervisor, Fire Department, Blaine Long, Supplies Coordinator, Fire Department, John Dowling, Driver/Engineer, Fire Department, Paul Kinney, Driver/Engineer, Fire Department, Melissa Grant, Office Specialist, Utilities Department, Larry Antmann, Instrument & Control Technician, Utilities Department, Jean Dupuis, Project Manager, Public Works, and Bonnie Rapp, Office Specialist, Public Works. Constellation Award is for Excellence in Teamwork June White, Office Specialist, City Clerk's Office, Lillian Pabon, Records Specialist, City Clerk's Office, Charlene Nevadomski, Special Events Manager, Parks and Recreation, Lance Moll, Parks Superintendent, Parks & Recreation, Greg Warner, Recreation Superintendent, Parks & Recreation, Nancy Wilson, Administrative Coordinator, Parks & Recreation, Jerry Ramkhalawan, Stormwater Crewleader, Public Works, Jan Atwood, Backflow Technician, Utilities Department, Scott London, Operations Manager, Utilities Department, and Dave Moore, Utilities Technician, Utilities Department. Galileo Award is for Innovation and `Thinking Outside the Box' Robert Martin, Equipment Operator, Public Works. Crystal Star Award for Leadership Rodney Sims, Transmission Supervisor, Utilities Department, Ron Bray, Streets Crewleader, Public Works, Chris Dixon, Rescue Supervisor, Fire Department, and Brett Soloway, Driver - Engineer, Fire Department. Suuernova Award for Exemplifvina the Citv's Mission Statement Vince Sciacca, Fleet Supervisor, Public Works, Rosemary Fisher, Administrative Coordinator, Building Department, Diana Hogan, Customer Service Representative/Cashier, Parks & Recreation, and Lynda Flurry, Purchasing - Contracts Manager. 4. PUBLIC PARTICIPATION: Marvin Seidel, 9645 N Belfort Circle, Tamarac, spoke about cellular phone use while driving, the barrier between Westwood Apartments and the Belfort and Malvern subdivisions, bulk pickup, and police service. REPORTS 5. City Commission: Commissioner Mishkin had no report. 1 June 27, 2001 Regular City Commission Meeting 2 Vice Mayor Sultanof said he is honored to have the employees recognized, and he is proud of Tamarac, because it is the most progressive city in Broward County. Tamarac employees are like a family. Commissioner Portner welcomed Mayor Schreiber back from Detroit. Commissioner Portner said he wrote to Broward County Commissioner Lieberman and asked to have the Broward County Commission meeting come to Tamarac for one day. Commissioner Lieberman said they would be willing to hold a workshop here. Commissioner Roberts congratulated the employees on their recent awards, and thanked Rose Cure for her help in presenting the transportation service at the Broward Fair. Commissioner Roberts thanked City Manager Miller for allowing Special Projects Manager Phillips and Parks and Recreation Director Margoles to attend the school board meeting where the 5-year plan was proposed. Commissioner Roberts asked everyone to drive carefully as school is out, and said she is still collecting tennis balls for the school project. Mayor Schreiber congratulated the employees who received awards. Mayor Schreiber said he attended the U.S. Conference of Mayors' Annual Convention in Detroit, and is a member of three standing committees — Arts and Culture, Membership, and Health and Human Services. Mayor Schreiber said in addition to the standing committees, he attended meetings on the Small Business Committee and Energy and Conservation, and he also heard President Bush speak at the Convention and attended a luncheon meeting with the Mayor of Jerusalem, who spoke about diversity in that city. Mayor Schreiber said it is nice to be back home in Tamarac. 6. City Attorney: City Attorney Kraft reported that School Board Member Stephanie A. Kraft asked him to comment on the School Board public workshop. One of the major topics of discussion was School FFF, which was the 5-year plan, and received funding at the workshop. Mrs. Kraft was instrumental in getting School FFF. This school will relieve overcrowding at Piper and Taravella High Schools. Mrs. Kraft sent her thanks to Vice Mayor Sultanof and Commissioner Roberts for attending the meeting and supporting the plan, and said community involvement helped move this project along. Mayor Schreiber thanked Stephanie Kraft for a great job. 7. City Manager: City Manager Miller said Tamarac received two awards from the Florida Council of Economic Advisors, one for our economic program and one for our 5- year economic development strategy brochure "Committed to Excellence". City Manager Miller thanked Community Development Director King and Economic Development Manager Reed -Holguin for their efforts and excellent work on behalf of the City of Tamarac. City Manager Miller reported that Tamarac would be hosting the July 4Ih event at the Tamarac Sports Complex from 6:00 p.m. — 9:30 p.m. There will be a ribbon cutting ceremony for Hampton Inn on Friday, June 29`h at 10:00 a.m. Fifteen members of the Fire Department participated in the CERT Drill at the Broward Fire Academy, and members of Fire Rescue were at Kings Point this past Sunday to instruct June 27, 2001 3 200 people on hurricane preparedness. The Tamarac Community Center was selected as one of 17 facilities to be featured in the 2002 Facility Showcase Issue of the FRPA Journal. Summer camp began on June 251h with the largest enrollment to date, 291 campers. The Community Center is sponsoring the featured artist of July, Alfonso Mulas. There will be a 'meet and greet' on July 2nd from 6:00 p.m. — 7:00 p.m. Vice Mayor Sultanof seconded by Commissioner Roberts moved to table Item 8(c) on the consent agenda to the July 11, 2001 meeting at or after 7:00 p.m. WATER AND SEWER DEVELOPER'S AGREEMENT - WESTWOOD APARTMENTS: (TR9404) Accepting and executing a Water and Sewer Developer's Agreement with Nob Hill Landings, L.L.C., for the Westwood Apartments Project, located on the north side of Westwood Drive just east of Nob Hill Road for three residential water and sewer building connections requiring 45.9 ERC's for water and 45.9 ERC's for sewer; requiring the payment of $146,880.00 in CIAO fees; authorizing and directing the City Clerk to record said Agreement in the public records of Broward County. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Vice Mayor Sultanof seconded by Commissioner Roberts moved to add Temporary Resolution 9441 as item 8(I) to the consent agenda. CHANGE ORDER NO. 1 WITH WEEKLEY ASPHALT PAVING INC.: (TR9441) Executing Change Order No. 1 with Weekley Asphalt Paving, Inc. in an amount not to exceed $22,400; authorizing the expenditure of $22,400 for Change Order No. 1 from project contingency. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. CONSENT AGENDA 8. Commissioner Portner seconded by Commissioner Roberts moved approval of all items on the consent agenda, with the exception of item 8(c), which was tabled, to the July 11, 2001 meeting, at or after 7:00 p.m. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the June 13, 2001 Commission meeting. APPROVED b. ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT - SONNY'S ENTERPRISES PROJECT: (TR9403) Approving an Assignment of the Water and Sewer Developer's Agreement with Higgins Development Partners, L.L.C., for the Sonny's Enterprises Project to Fazio Holdings, L.P.; approving an Acceptance to Assignment executed by Fazio Holdings, L.P.; approving and executing an Acknowledgement of Agreement and Consent to Assignment between Higgins June 27, 2001 4 Development Partners, L.L.C., and Fazio Holdings, L.P., for the Sonny's Enterprises Project located at 5605 Hiatus Road and authorizing the appropriate City Officials to execute said acknowledgements; authorizing and directing the City Clerk to record said documents in the public records of Broward County. RESOLUTION NO. R2001-153 C. WATER AND SEWER DEVELOPER'S AGREEMENT - WESTWOOD APARTMENTS: (TR9404) Accepting and executing a Water and Sewer Developer's Agreement with Nab Hill Landings, L.L.C., for the Westwood Apartments Project, located on the north side of Westwood Drive just east of Nob Hill Road for three residential water and sewer building connections requiring 45.9 ERC's for water and 45.9 ERC's for sewer; requiring the payment of $146,880.00 in CIAC fees; authorizing and directing the City Clerk to record said Agreement in the public records of Broward County. TABLED TO THE JULY 11, 2001 MEETING AT OR AFTER 7:00 P.M. d. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT - SONNY'S ENTERPRISES: (TR9407) Accepting and executing a Blanket Public Safety Ingress/Egress Easement with Fazio Holdings, L.P., for the Sonny's Enterprises Project, located at 5605 Hiatus Road, to provide proper access to the property for municipal services such as utility, canal, fire and police protection, emergency and other public safety services; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-154 e. BILL OF SALE ABSOLUTE - SONNY'S ENTERPRISES: (TR9408) Accepting a Bill of Sale Absolute from Fazio Holdings, L.P., for the Water Distribution System Improvements for the Sonny's Enterprises Project, located at 5605 Hiatus Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-155 f. WATER AND SEWER DEVELOPER'S AGREEMENT - FIRST AMENDMENT - SOUTHGATE VILLAGE: (TR9426) Accepting and executing a First Amendment to the Water and Sewer Developer's Agreement with New Urban Southgate, L.L.C., for the Southgate Village Project located at 8700 Southgate Boulevard, changing the development plan for a 300 bed Adult Congregate Living Facility to an 88 unit townhouse community; requiring an additional 0.5 ERC's for water and 0.5 ERC's for wastewater and establishing additional contribution charges in the amount of $1,600.00; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-156 g. ASSIGNMENT ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT - SOUTHGATE VILLAGE: (TR9427) Approving an Assignment of the Water and Sewer Developer's Agreement with Irving Miller, Trustee, formerly Woodmont Gardens, Inc., for the Southgate Village Project to New Urban Southgate, L.L.C.; June 27, 2001 5 approving an Acceptance to Assignment executed by New Urban Southgate, L.L.C.; approving and executing an Acknowledgement of Agreement and Consent to Assignment between Irving Miller, trustee, formerly Woodmont Gardens, Inc., and New Urban Southgate, L.L.C., for the Southgate Village Project located at 8700 Southgate Boulevard and authorizing the appropriate City Officials to execute said Acknowledgements; authorizing and directing the City Clerk to record said documents in the public records of Broward County. RESOLUTION NO. R2001-157 h. AGREEMENT - ARCH ALUMINUM a GLASS: (TR9337) Executing an agreement between the City of Tamarac and Silverstein Enterprises, Inc., approving an environmental mitigation program at the McNab Road Park property in exchange for the excavation of a drainage canal at the southern border of the property and the construction and maintenance of the wetland at the developer's expense; Case #20-MI-01. RESOLUTION NO. R2001-158 i. AGREEMENT - INDUSTRIAL DEVELOPMENT COMPANY OF AMERICA LLLP: (TR9338) Executing an agreement between the City of Tamarac and Industrial Development Company of America, LLLP, approving an environmental mitigation program at the McNab Road Park property in exchange for the provision of all permitting, surveying and construction and planting plans and accepting compensation in an amount not less than $25,000; authorizing the appropriate City Officials to execute a joint form deed of conservation easement and agreement; authorizing the waiver of all City permit fees. Case No. 21-MI- 01. RESOLUTION NO. R2001-159 j. MEMORANDUM OF AGREEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT - FLORIDA DEPT. OF AGRICULTURE AND CONSUMER SERVICES: (TR9425) Executing an Urban and Community Forestry Grant Memorandum of Agreement and Maintenance Memorandum of Agreement between the Florida Department of Agriculture and Consumer Affairs and the City of Tamarac for an Urban and Community Forestry Grant in the amount of $10,000 for the reforestation of McNab Park; amending the grants fund budget. RESOLUTION NO. R2001-160 k. TRAVEL AGENCY - UNIVERSAL TRAVEL AND PROMOTIONS: (TR9415) Executing an agreement with Universal Travel and Promotions as the City's authorized travel agency utilizing the City of Fort Lauderdale request for proposal #761-5143 and contract #200-8280 issued on behalf of the Southeast Florida Governmental Purchasing Cooperative effective April 3, 2000 through April 2, 2002. RESOLUTION NO. R2001-161 1 June 27, 2001 6 I. CHANGE ORDER NO. 1 WITH WEEKLEY ASPHALT PAVING INC.: (TR9441) Executing Change Order Number 1 with Weekley Asphalt Paving, Inc. in an amount not to exceed $22,400; authorizing the expenditure of $22,400 for Change Order No. 1 from project contingency. RESOLUTION NO. R2001-162 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES - FIRST READINGS 9. ADDENDUM TO FRANCHISE AGREEMENT - WASTE MANAGEMENT INC. D/B/A SOUTHERN SANITATION: (TO1932) Motion to adopt Ordinance on first reading executing a second addendum to the 1993 agreement between the City of Tamarac and Waste Management, Inc., d/b/a Southern Sanitation for furnishing multi family solid waste collection for an additional three year term to begin July 1, 2001 and end December 31, 2004. City Attorney Kraft read Temporary Ordinance 1932, Revision #1, on first reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Commissioner Portner said while he agrees with the contract, he feels one bulk pickup per year is not sufficient, and two free bulk pickups would be more appropriate for the City. Commissioner Roberts said there is no rate increase in the contract. Vice Mayor Sultanof said he is in favor of the contract as it is written, and no rate increase is beneficial to all. Mayor Schreiber said he began working on waste removal services when he was first elected in 1992, and he feels this contract is not equitable. People in condominiums and rental units do not get the same service as people in private homes, and one bulk pickup per year is not sufficient. Mayor Schreiber said two bulk pickups would be more equitable. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "no". Motion carried. APPROVED ON FIRST READING 10. AMENDING CHAPTER 20 - "STREETS AND SIDEWALKS" - CREATING ARTICLE V - "NEWSRACKS REGULATION": (TO1921) Motion to adopt Ordinance on first reading establishing regulations for the installation of newsracks in the public right-of-ways by amending Chapter 20 entitled, "Streets and Sidewalks" by creating Article V to be entitled "Newsracks Regulation", providing for findings by creating Section 20-120, "Findings", providing for purpose by creating Section 20-121 "Purpose", providing for definitions by creating Section 20-122 "Definitions", providing standards for maintenance and installation by creating Section 20-123 "Standards for Maintenance and Installation", providing for placement and location of newsracks by creating Section 20-124 "Location and Placement of Newsracks", providing for abandonment by creating Section 20-125 "Abandonment", , providing for location conflict by creating Section 20- 126 "Location Conflict", providing for Certificate of Compliance procedures by creating Section 20-127 "Certificate of Compliance Procedure", providing a process to request June 27, 2001 7 additional newsracks by demonstrating a public need by creating Section 20-128 "Demonstration of Public Need", and providing for removal procedures by creating Section 20-129 "Removal Procedures"; Case No. 4-MI-01; providing for codification. City Attorney Kraft read Temporary Ordinance 1921, Revision #4, on first reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Commissioner Roberts said the module units would be uniform but only in public rights - of -way. Mayor Schreiber asked about existing locations, and City Attorney Kraft said they would be phased out over a period of time, but only in the public rights -of -way. Code Enforcement Manager Diemer said there would be full compliance in the public rights -of -way by January 2002. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCES - SECOND READINGS 11. AMENDING CHAPTER 10 SECTION 10-132 - "WELLFIELD PROTECTION": (TO1924) Motion to adopt Ordinance on second reading amending Section 10-132, entitled "Wellfield Protection" of Chapter 10 of the Tamarac City Code, entitled "Land Development Regulations", providing criteria for regulating and prohibiting the use, handling, production and storage of certain deleterious substances which may impair present potable water supply wells and wellfields; providing for codification. City Attorney Kraft read Temporary Ordinance 1924, Revision #3, on second reading by title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2001-10 12. AMENDING CHAPTER 5.6 SECTION 5.6-5 — "TELECOMMUNICATIONS FEES AND PAYMENTS" AND CHAPTER 20 SECTION 20-42 — "STREETS AND SIDEWALKS FEES": (TO1931) Motion to adopt Ordinance on second reading amending Section 5.6-5 "Fees and Payments" of Chapter 5.6 "Telecommunications" of the City of Tamarac Code of Ordinances, implementing the "Communications Services Tax Simplification Act" (Chapter 2000-260, Laws of Florida) and Committee Substitute for Committee Substitute for Senate Bill 1878, passed during the 2001 State Legislative Session, which restructures the City's Communications Services Tax and Fee Structure; amending Section 20-42 "Fees" of Chapter 20 "Streets and Sidewalks" of the City of Tamarac Code of Ordinances, providing for waiver of permit fees for telecommunications services providers pursuant to Section 337.401, Florida Statutes, as amended by Committee Substitute for Committee Substitute for Senate Bill 1878, June 27, 2001 8 passed during the 2001 State Legislative Session; authorizing and directing the City Clerk to provide notification to the Department of Revenue via certified mail postmarked by July 16, 2001; providing for codification. City Attorney Kraft read Temporary Ordinance 1931 on second reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Assistant to the City Manager Kristin McKew 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. 0-2001-11 END OF PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS 13. REVISED DEVELOPMENT ORDER - WENDY'S: (TR9377) Motion to approve Resolution issuing Revised Development Order No. 066.3 and granting New Development Site Plan approval to Wendy's to allow the construction of a 3,330 square foot, fast-food restaurant with a drive-thru window with associated parking, landscaping and infrastructure improvements, located at the northwest quadrant of West Commercial Boulevard and Pine Island Road, specifically a portion of Lots 4-6, Block 9 of the "Lyons Commercial Subdivision Unit No. 2 Plat, according to the Plat thereof as recorded in Plat Book 69, Page 43 of the public records of Broward County, Florida; Case No. 1-SP-01. City Attorney Kraft read Temporary Resolution 9377 by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedure, and David Felton, on behalf of Wendy's, waived his quasi-judicial rights. Community Development Director King gave a presentation. Mayor Schreiber asked if there was a difference in the size of the facility from the prior development order, and Community Development Director King said the revision to the development order incorporates the entire four properties. Mayor Schreiber asked about the size of the facility, and Mr. Felton said it would be somewhat larger than normal. Mayor Schreiber asked about the reduction in loading space and expressed concern that the situation may change and deliveries could be made during the day. Community Development Director King said there is no condition of approval in the resolution regarding deliveries, but staff did get confirmation from Wendy's Corporation that deliveries would not be made during business hours. Vice Mayor Sultanof questioned the exit onto 571" Street and expressed concern over traffic. Mr. Felton said the exit is onto the access road, and Community Development Director King explained the access onto the property in conjunction with the Walgreens that is there now. Commissioner Partner asked about the opening date, and Mr. Felton said they anticipated opening in October. Commissioner Portner asked about the demographics considered to place a Wendy's in a specific location, and whether the school had anything to do with their decision. Mr. Felton said they go by population; Walgreens is a generator; and the schools (elementary and middle) were not taken into June 27, 2001 9 consideration. 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 Partner "yes", Commissioner Mishkin, "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-163 14. REVISED DEVELOPMENT ORDER - MCNAB BUSINESS PARK: (TR9401) Motion to approve Resolution issuing Revised Development Order No. 268.1 and granting New Development Site Plan approval to McNab Business Park to allow the construction of four (4) buildings (total 101,520 square feet) to be completed in three (3) phases with associated parking, landscaping and infrastructure improvements, located at the southwest corner of McNab Road and Nob Hill Road; specifically all of Parcel "A" of the "J & X Plat, according to the Plat thereof as recorded in Plat Book 152, Page 3 of the public records of Broward County, Florida; Case No. 37-SP-00; providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9401, Revision #1, by title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedure and Leigh Kerr, 808 E. Las Olas, Ft. Lauderdale, FL, Land Planning Consultant waived his quasi-judicial rights. Community Development Director King gave a presentation. Mayor Schreiber was concerned about the buffer, and said with a residential community across the street, it needs to be sound proof and conceal the building. Community Development Director King said it would be landscaped with a meandering sidewalk along the site, there is a 150' setback and the buildings are being kept to one-story. Vice Mayor Sultanof said he is concerned about the safety of the community, and there is no median when the people exit from the Isles of Tamarac, just yellow lines. Vice Mayor Sultanof asked if there would be bays on the property. Lee Lasser, Developer, addressed the Commission's concerns and said there would be two rows of trees in front of the building, and the front of the structure would house offices. There would be a minimal amount of truck traffic, which would be in the rear of the property. Mr. Lasser said he spent a lot of time with the engineering department to redesign the McNab Road side of the property for proper turn roads and safe access. The majority of businesses will be distribution and light manufacturing. There will be large bays, and he hopes to lease 2- 3 bays to a business at one time. Mayor Schreiber asked if the County planned to do any widening work on McNab Road in the near future, and Community Development Director King said he is not aware of anything. Commissioner Roberts asked about a buffer wall between the sidewalk and 150' setback. Mr. Lasser said landscaping would look better, and the types of businesses going into the park would not generate noise to disturb the residents across the street. Vice Mayor Sultanof said trucks make illegal turns on Hiatus and 108" Terrace in order to bypass traffic lights. Community Development Director King said staff would look at the corridor and see what can be done to alleviate the concerns of the residents, maybe looking at additional landscaping and sound barrier for the north side of McNab Road. Commissioner Portner suggested eliminating the first row of trees on McNab and putting up a 6' sound barrier wall with climbing ivy. Community Development Director King said staff has been working on a plan over the last five years and it is not envisioned that Tamarac will have walled June 27, 2001 10 industrial developments. Mayor Schreiber opened the public hearing. Wally Coghlin, 4809 NW 49 Court suggested a sign on 108t" Avenue saying "No Trucks", and Mayor Schreiber said the police should patrol more frequently. Vice Mayor Sultanof spoke about the size of trucks that are allowed to go into the neighborhood. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Partner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-164 15. SPECIAL EXCEPTION - BUDGET MINI -STORAGE FACILITY: (TR9424) Motion to approve Resolution granting a Special Exception to allow for the provision of two (2) rental trucks to be made available to patrons of the Budget Mini -Storage Facility located at 8300 North University Drive in a B-3 (General Business District) zoning category; specifically Lots 4-8 inclusive, 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 publicrecords of Broward County, Florida; Case No. 8-Z-01. City Attorney Kraft read Temporary Resolution 9424 by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedure and Emerson Allsworth, Attorney for the applicant waived his quasi-judicial rights. Community Development Director King gave a presentation. Commissioner Roberts disclosed that she met with Mr. Allsworth and residents of Heathgate/Sunflower and discussed the item. Vice Mayor Sultanof disclosed that he met with the applicant and the applicant's attorney and discussed this item. Mayor Schreiber disclosed that he spoke with Mr. Allsworth about this item. Mayor Schreiber asked if there are any measures in place to ensure that the applicant will not rent trucks to people other than those doing business with Budget Mini -Storage, and Community Development Director King said part of the Occupational License program is to inspect local businesses, and the officers can request additional information as necessary. Vice Mayor Sultanof asked if there is an office on the premises to arrange for a truck to be brought from Ft. Lauderdale, and asked if records are kept. Community Development Director King answered in the affirmative. Vice Mayor Sultanof said during the time the applicant has been in Tamarac his actions have been exemplary. Mayor Schreiber opened the public hearing. With no one wishing to speak, Mayor Schreiber 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. RESOLUTION NO. R2001-165 16. LIMITED PARKING WAIVER - BUDGET MINI -STORAGE FACILITY: (TR9423) Motion to approve Resolution granting a Limited Parking Waiver to allow the reduction of three (3) parking spaces to accommodate the installation of two (2) ten (10') foot wide by thirty-five (36) foot long designated parking spaces for two (2) trucks available for rental to patrons of the Budget Mini -Storage Facility located at 8300 North University Drive; specifically Lots 4-8 inclusive, 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; Case No. 9-Z-01. City Attorney Kraft read June 27, 2001 11 Temporary Resolution 9423, Revision #1, by title. Commissioner Roberts seconded by Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial procedure, and Emerson Allsworth, Attorney for applicant waived his quasi-judicial rights. City Attorney Kraft said it is a matter of record that Commissioner Roberts, Vice Mayor Sultanof and Mayor Schreiber indicated earlier that they had discussions with Mr. Allsworth. Community Development Director King gave a presentation. Mayor Schreiber asked about the affect of the reduction .of the three parking spaces, and Community Development Director King said a storage facility has less of a traffic impact than other types of businesses. Mayor Schreiber opened the public hearing. Marvin Seidel, 9645 N Belfort Circle, Tamarac, asked whether the trucks would be under cover. Commissioner Roberts said they would be between two buildings and would not be seen. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-166 END OF QUASI-JUDICIAL HEARINGS Mayor Schreiber recognized Mark Garr, 9496 S Belfort Circle and 7614 NW 99 Terrace, who spoke about raising the salary for Broward Sheriffs Officers under contract with Tamarac, and illegal dumping at Point Development. There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 10:45 a.m. 7 / JOE SCHREIBER, MAYOR r, MARION SWENSON, CMC CITY OF TAMARAC CITY CLERK APPROVED AT MEETING OF e Ll June 27, 2001 12