HomeMy WebLinkAbout2001-07-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, JULY 11, 2001
CALL TO ORDER: Mayor Schreiber called the Regular meeting of the City
Commission to order at 7:00 p.m. on Wednesday, July 11, 2001, in Chambers at
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward
C. Partner, 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 to Mayor Schreiber of a ceremonial check from Tallahassee
for the Land and Water Conservation Fund grant by State Representative Stacy Ritter.
2. PRESENTATION by Richard Harvey, Director of the EPA, West Palm Beach
Office of Region 4 of the EPA, to Raymond Gagnon, Utilities Director and Fran Oney,
Laboratory Manager, for the best water quality report for a utility the size of Tamarac's.
Mr. Harvey introduced Tom Wynn, Tom Muller and Dan Olsen of the Broward County
Health Department.
3. PRESENTATION by Mayor Schreiber of a proclamation proclaiming Chris Dixon
as "Paramedic of the Year". Firefighter/Paramedic Chris Dixon accepted. Fire Chief
Jim Budzinski said this award is the result of a team effort and is the second year in a
row that a Tamarac firefighter/paramedic has been so recognized. Fire Chief Budzinski
introduced Dr. Ulin, medical director for fire rescue.
4. PUBLIC PARTICIPATION: Fannie Rothenstein, 8205 NW 615' St., #B218,
Tamarac, spoke about the hazards of right turns on red. Mayor Schreiber suggested
Ms. Rothenstein petition the state representative. Marc Garr, 9496 S Belfort Circle,
Tamarac, spoke about raising the salary for Broward Sheriff's Officers under contract
with Tamarac and illegal dumping at Point Development. City Manager Miller said he
spoke with the police chief regarding the salary issue, and said Point Development is
an active construction site routinely monitored by code enforcement inspectors. Burt
Schneider, 8016 NW 72 St., spoke about restoring the 701" Street area that was used
as a staging area for McNab Road construction, news racks in Woodmont, and
members of the Commission joining Woodmont Country Club. Sam Schwartz, 6451 N.
University Dr., spoke about bulk pickup for condominiums, the second $25,000
Homestead Exemption, address lettering, one day pass for country club membership,
drivers using cell phones, and the legibility of the Tam -a -gram and water report.
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Marvin Seidel, 9645 N. Belfort, spoke about street conditions at Southgate and McNab,
millage rate, the proposed fire station at Hiatus Road, and underground metal pipes at
the construction site of Point Villas. Mr. Seidel complimented the Mayor and
Commission for improvements to the city.
REPORTS
5. City Commission: Commissioner Roberts welcomed everyone and
congratulated Director of Utilities Gagnon and the Utilities Department on the water
quality award. Commissioner Roberts thanked Parks and Recreation Director Kathleen
Margoles and the Parks and Recreation staff for their efforts in Tallahassee regarding
McNab Park. Commissioner Roberts said donations of tennis balls for the new
elementary school are still being accepted at City Hall and the Community Center.
Commissioner Portner said Broward County funded $1.5 million for a swimming pool at
Tamarac Park and a $500,000 Challenge Grant for McNab Park.
Vice Mayor Sultanof complimented everyone attending this evening's meeting and said
it is important to know what government is all about. Vice Mayor Sultanof thanked
Director of Utilities Gagnon and Laboratory Manager Oney for their service to the city.
Commissioner Mishkin congratulated the Utilities Department and encouraged
everyone to tour the water treatment plant. Commissioner Mishkin thanked the public
for attending the Commission meeting.
Mayor Schreiber said attendance at tonight's meeting is the best in years. The July 4t"
celebration was the best event in the history of the city, with over 5,000 people in
attendance, and complimented Director of Parks and Recreation Margoles and staff for
making the event such a success. Mayor Schreiber said it is a pleasure to have been
presented a check by State Representative Ritter, Paramedic Chris Dixon is a credit to
the city, and everything is going well and the city looks good.
6. City Attorney: City Attorney Kraft said Attorney Peter Hurtgen, who handled the
city's labor relations in the past, has recently been named chairman of the National
Labor Relations Board.
7. City Manager: City Manager Miller reported that the application for the United
States Department of Justice $33,492 Local Law Enforcement Block Grant has been
approved, and thanked Special Projects Manager Diane Phillips. City Manager Miller
said the City is pleased to receive $1.5 million from Broward County for Swim Central,
and congratulated Parks and Recreation Director Margoles and staff, Special Projects
Manager Phillips', and Commissioner Portner for their efforts on behalf of Tamarac.
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CONSENT AGENDA
8. Vice Mayor Sultanof seconded by Commissioner Mishkin moved approval of all
items on the consent agenda. On roll call Vice Mayor Sultanof voted "yes",
Commissioner Mishkin "yes", Commissioner Portner "yes", Commissioner Roberts
"yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the June 27, 2001 Regular Commission meeting.
APPROVED
b. APPROVE the minutes of the June 27, 2001 Special Commission meeting.
APPROVED
c. RELEASE OF WARRANTY BOND-PARKWOOD AT COLONY WEST:
(TR9418) Releasing a Public Improvement Warranty Bond in the form of
Standby Letter of Credit L986370 from Union Planters Bank, in the amount of
$17,367.00 for the Water Distribution and Sewage Collection System
improvements installed by Parkwood at Colony West, Inc., for the Parkwood at
Colony West Project located on Lagos de Campo Boulevard and NW 61" Street.
RESOLUTION NO. R2001-179
d. PERFORMANCE BOND RELEASE-BOB'S BILLIARDS: (TR9419) Releasing a
Public Improvement Performance Bond in the amount of $1,000.00 from
Tamarac, L.L.C., and waive the requirement for a one-year Warranty Bond in the
amount of $250.00 for the Water Distribution System Improvements for the Bob's
Billiards Project located on the east side of University Drive between McNab
Road and NW 72"d Street.
RESOLUTION NO. R2001-180
e. AMENDING TERMS OF EMPLOYMENT OF THE CITY ATTORNEY: (TR9453)
Amending terms of employment of the City Attorney.
RESOLUTION NO. R2001-181
f. BILL OF SALE ABSOLUTE T & H OFFICE BUILDING: (TR9421) Accepting a
Bill of Sale Absolute from T & H Acquisitions, L.L.C., for the Water Distribution
System improvements installed for the T & H Office Building Project, located on
the southeast corner of McNab Road and Brookwood Boulevard, for City
ownership; authorizing and directing the City Clerk to record said document in
the public records of Broward County.
RESOLUTION NO. R2001-182
g. PERFORMANCE BOND RELEASE-T & H OFFICE BUILDING: (TR9422)
Releasing a Public Improvement Performance Bond in the form of check #1021
from T & H Acquisitions, L.L.C., in the amount of $1,925.00, subject to the
receipt of Warranty Bond in the amount of $525.00 for the Water Distribution
System Improvements installed for the T & H Office Building Project located on
the southeast corner of McNab Road and Brookwood Boulevard.
RESOLUTION NO. R2001-183
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h. FOURTH AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT
WITH THE CITY OF FORT LAUDERDALE: (TR9420) Accepting and executing
the Fourth Amendment to the Large User Wastewater Agreement between the
City of Fort Lauderdale and the City of Tamarac; defining replacement cost for
the renewal and replacement account; and extending the Large User Agreement
until December 31, 2021; funding for the renewal and replacement account is not
to exceed the City of Tamarac's percentage of flow for treatment.
RESOLUTION NO. R2001-184
i. AGREEMENTS —ARCHITECTURAL ENGINEERING CONTINUING SERVICES:
(TR9434) Accepting and executing agreements with the following five consulting
firms to provide engineering and architectural continuing services for a period of
five years on an "as needed" basis: (1) Craven Thompson & Associates, Inc.; (2)
Eckler Engineering, Inc.; (3) Mathews Consulting, Inc.; (4) Miller Legg and
Associates, Inc.; and (5) Williams, Hatfield & Stoner, Inc.
RESOLUTION NO. R2001-185
j. AGREEMENT - FISHER AUCTION CO.: (TR9448) Declaring certain equipment
and material as surplus and directing that an auction be held; offering the public
the opportunity to inspect items prior to the auction; authorizing the appropriate
City officials to enter into an agreement with Fisher Auction Co., Inc. to conduct
the auction utilizing Broward County Bid #J-3-01-075-B1; disposing of any
unsold items having no cash value and placing all proceeds into the General
Fund.
RESOLUTION NO. R2001-186
k. GRANT -LAND AND WATER CONSERVATION FUND PROGRAM: (TR9451)
Approving a Land and Water Conservation Fund Program Grant application to
the Florida Department of Environmental Protection in the amount of $150,000
for acquisition of "Parcel R"; providing for an amendment to the five year capital
improvements schedule portion of the City's Comprehensive Plan to specify
"Parcel R"; providing for an amendment to the five year capital improvements
schedule portion of the City's Comprehensive Plan for the development of
"Parcel R" in FY03.
RESOLUTION NO. R2001-187
I. AGREEMENT -PROPOSED FIRE STATION: (TR9449) Executing task order
authorization No. 01-02 with Mathews Consulting, Inc. to provide engineering
services related to the site evaluation and design for a fire station, a storage
facility, and development services facility at the existing public services
administrative complex; authorizing an expenditure not to exceed $40,905.00.
RESOLUTION NO. R2001-188
M. WOODLANDS SUBDIVISION DRAINAGE IMPROVEMENTS DESIGN:
(TR9447) Executing task order authorization No. 01-01 with Williams Hatfield &
Stoner, Inc. to provide engineering design services related to the Woodlands
Drainage Improvements in accordance with the continuing engineering services
agreement as authorized by Temporary Resolution No. 9434 in an amount not to
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exceed $77,325; authorizing two budget transfers within the stormwater
management fund; authorizing administration of the task order.
RESOLUTION NO. R2001-189
n. VACATION OF EASEMENT -ESTATE OF SALLY D. TZERMAN PROPERTY
4727 NW 50TH STREET: (TR9428) Granting a Vacation of Easement of a portion
of the perimeter eighteen (18') foot utility easement located on the corner of NW
50 Street and NW 47 Terrace; specifically a portion of the platted eighteen foot
(18') utility easement along the side of Lot 26, Block 101 of "The Mainlands of
Tamarac Lakes Section 5-A" Plat, according to the Plat thereof as recorded in
Plat Book 67, Page 4 of the public records of Broward County, Florida; Case No.
4-P-01.
RESOLUTION NO. R2001-190
o. FLORIDA TURN PIKE-OAKLAND PARK BOULEVARD INTERCHANGE
PROJECT: (TR9452) Urging the State of Florida Department of Transportation
(FDOT) to place the development of a Florida Turnpike -Oakland Park Boulevard
Interchange on its Ten (10) Year Plan; authorizing the City Clerk to transmit
copies of this resolution; Case No. 20-MI-01.
RESOLUTION NO. R2001-191
P. AMENDING CHAPTER 286-FLORIDA STATUTES: (TR9446) Requesting The
Florida League Of Cities, Inc., to consider a resolution to lobby the State
Legislature to amend Chapter 286 "Public Business: Miscellaneous Provisions",
Section 286.011 "Public Meetings and Records; Public Inspection; Criminal and
Civil Penalties", Florida Statutes, so that public meeting requirements for
municipal officials are consistent with the requirements for state legislators
outlined in Article I "Declaration Of Rights", Section 24 "Access To Public
Records and Meetings", and Article III "Legislature", Section 4 "Quorum and
Procedure" of the Florida Constitution; directing the City Clerk to send a copy of
this resolution to the Florida League Of Cities, Inc. for consideration at its annual
conference, scheduled to be held at the Wyndham Palace and Spa in Lake
Buena Vista August 23 - 25, 2001.
RESOLUTION NO. R2001-192
q. AMTRAK PASSENGER RAIL SERVICE: (TR9455) Supporting the
establishment of Amtrak passenger rail service between Jacksonville and West
Palm Beach along the east coast of Florida.
RESOLUTION NO. R2001-193
END OF CONSENT AGENDA
REGULAR AGENDA
City Manager Miller said there is a revision to Item 14, and a new packet has been
distributed, changing one bulk pick-up per year to two bulk pick-ups per year.
9. ECONOMIC DEVELOPMENT INCENTIVES -INTERNATIONAL BULLION AND
METAL BROKERS, INC.: (TR9065) Approving Economic Development Incentives for
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International Bullion and Metal Brokers, Inc. (IBB) in the form of a cash relocation grant
for $25,000.00; providing for refund of relocation expenses by International Bullion and
Metal Brokers, Inc. (IBB) for relocating outside the City of Tamarac within a five (5) year
period; authorizing the appropriate City Officials to offer Economic Development
Incentives in the form of waivers of review and permit fees not to exceed $61,000.00, in
addition to fee waivers of $14,000.00 granted under Ordinance No. 0-2000-14 and
designation as an economic development project for the purpose of expedited
permitting for International Bullion and Metal Brokers, Inc. (IBB) to relocate to
Westpointe Centre at Tamarac Commerce Park; authorizing the appropriate City
Officials to execute an agreement with International Bullion and Metal Brokers, Inc.
(IBB) outlining these incentives. City Attorney Kraft read Temporary Resolution 9065,
Revision #1 by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved
approval. Director of Community Development King gave a presentation and introduced
Steven Kovacs, President of International Bullion and Metal Brokers, Inc., and Pat
Jeziorek, Vice President of Marketing and Travel Retail. Mr. Kovacs thanked the Mayor
and Commission. Commissioner Portner welcomed Mr. Kovacs. Commissioner
Roberts said she was told 120 new jobs would be created with the company's
relocation and she thanked Mr. Kovacs. Vice Mayor Sultanof expressed appreciation to
Mr. Kovacs. Ms. Jeziorek said it took two years to find the right location, and Tamarac
is the best location. Mayor Schreiber welcomed Mr. Kovacs to Tamarac. 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. R2001-194
10, APPOINTING A VOTING DELEGATE TO THE 2001 FLORIDA LEAGUE OF
CITIES' ANNUAL CONFERENCE: (TR9429) Motion to approve Resolution appointing
as the City of Tamarac's voting delegate to the 2001 Florida
League of Cities' annual conference; directing the City Clerk to send a copy of this
resolution to the Florida League of Cities. City Attorney Kraft read Temporary
Resolution 9429 by title. Commissioner Portner seconded by Vice Mayor Sultanof
moved approval. Commissioner Portner seconded by Commissioner Roberts moved
the nomination of Mayor Joe Schreiber as the City of Tamarac's voting delegate to the
2001 Florida League of Cities' annual conference. Vice Mayor Sultanof seconded by
Commissioner Mishkin moved approval of Temporary Resolution 9429, as amended,
naming Mayor Joe Schreiber as the City of Tamarac's voting delegate to the 2001
Florida League of Cities' annual conference. On roll call Vice Mayor Sultanof voted
"yes", Commissioner Mishkin "yes", Commissioner Portner "yes", Commissioner
Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-195
11. FY02 ASSESSMENT RATE - FIRE RESCUE: (TR9431) Motion to approve
Resolution relating to the provision of fire rescue services, facilities and programs in the
City of Tamarac, Florida; establishing the estimated assessment rate for fire rescue
assessments for the fiscal year beginning October 1, 2001; directing the preparation of
an assessment roll; authorizing a public hearing and directing the provision of notice
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thereof. City Attorney Kraft read Temporary Resolution 9431, Revision #1, by title.
Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Director of
Finance Robert Lange gave a presentation. Commissioner Roberts confirmed that the
rate would be the same as last year. 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. R2001-196
12. PRELIMINARY MILLAGE RATE: (TR9456) Motion to approve resolution
authorizing the City Manager to send a proposed millage rate of 5.9999 mills to the
property appraiser for fiscal year 2002 and setting September 6, 2001 at 6:30 p.m. at
the Tamarac Commission Chambers, 7525 NW 88th Avenue, Tamarac, Florida as the
date, time and place for the first public budget hearing; setting September 12, 2001 at
6:30 p.m. at the Tamarac Commission Chambers, 7525 NW 881h Avenue, Tamarac,
Florida as the date, time, and place for the second public budget hearing. City Attorney
Kraft read Temporary Resolution 9456, Revision #1, by title. Commissioner Roberts
seconded by Vice Mayor Sultanof moved approval. Mayor Schreiber said the proposed
millage rate is the same as last year's rate. On roll call Commissioner Roberts voted
"yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Portner
"yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-197
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
13. SECOND YEAR ACTION PLAN -HUD GRANT - CDBG PROGRAM: (TR9416)
Motion to approve resolution adopting the Second Year Action Plan for expenditures of
the City of Tamarac's U. S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) Program for the HUD Fiscal Year
(FY2001); Case No. 19-MI-01. City Attorney Kraft read Temporary Resolution 9416 by
title. Vice Mayor Sultanof seconded by Commissioner Portner moved approval. Code
Enforcement Manager Diemer gave a presentation. Vice Mayor Sultanof said this is
grant money for disabled and low-income people whose homes are in need of repairs.
Mayor Schreiber opened the public hearing. Angela Galloway, Housing Opportunity
Projects for Excellence (HOPE), Inc., spoke about compliance with fair housing laws
and said her organization has been in existence since 1988, and suggested Tamarac
might want to work with HOPE. City Manager Miller said Ms. Galloway's information
would be reviewed. Code Enforcement Manager Diemer said the City is in compliance
with federal program requirements. With no one else wishing to speak, Mayor
Schreiber closed the public hearing. On roll call Vice Mayor Sultanof voted "yes",
Commissioner Portner "yes", Commissioner Mishkin "yes", Commissioner Roberts
"yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-198
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ORDINANCES - SECOND READINGS
14. ADDENDUM TO FRANCHISE AGREEMENT - WASTE MANAGEMENT, INC.,
D/B/A SOUTHERN SANITATION: (TO1932) Motion to adopt Ordinance on second
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
#2, on second reading by title. Commissioner Roberts seconded by Commissioner
Portner moved approval. Commissioner Portner said he is pleased to announce that
through the efforts of Mayor Schreiber, City Manager Miller and himself Waste
Management has agreed to two pick-ups per year for condominiums. Mayor Schreiber
opened the public hearing and with no one wishing to speak, 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.
ORDINANCE NO. 0-2001-12
15. AMENDING CHAPTER 20 - "STREETS AND SIDEWALKS" - CREATING
ARTICLE V - "NEWSRACKS REGULATION": (TO1921) Motion to adopt Ordinance on
second reading establishing regulations for the installation of news racks 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 creation
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
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 second reading by
title. Commissioner Portner seconded by Vice Mayor Sultanof moved approval. Mayor
Schreiber gave a brief explanation of the proposed regulations and opened the public
hearing. Burt Schneider, 8016 NW 72 St., questioned the public need and expressed
his objections. Commissioner Portner said the news racks provided for in the ordinance
would look better than the existing ones. Commissioner Roberts said there are all kinds
of news racks in front of the post office, and the ordinance would create a more uniform
look. City Manager Miller spoke about public need and said he received a number of
complaints regarding the poor condition of the existing news racks, and the ordinance
speaks to replacements, not new racks. Vice Mayor Sultanof spoke about street
vendors, and the fact that they are covered under the first amendment. There being no
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one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call
Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Roberts
"yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2001-13
QUASI-JUDICIAL HEARINGS
16. SPECIAL EXCEPTION - WESTWOOD APARTMENTS: (TR9432) Motion to
approve Resolution granting a Special Exception to allow the construction of more than
one (1) principal building on a plot in an R-4A (Planned Apartment District) zoning
category to Westwood Apartments, located on Nob Hill Road and Westwood Drive;
specifically Parcel "A" of the "Nob Hill/Westwood Plat", according to the Plat thereof as
recorded in Plat Book 144, Page 3 of the public records of Broward County, Florida;
Case No. 2-Z-01; providing for conditions of approval. Mayor Schreiber suggested
considering Items 16 and 17 together. City Attorney Kraft read Temporary Resolution
9432 by title. Commissioner Portner seconded by Commissioner Roberts moved
approval. City Attorney Kraft read Temporary Resolution 9433 by title. Commissioner
Portner seconded by Commissioner Roberts moved approval. City Attorney Kraft
explained the quasi-judicial procedures for both Temporary Resolutions 9432 and 9433
and Attorney Richard Coker, representing the applicant, waived the formalities but not
the substance of the quasi-judicial procedures. City Clerk Swenson swore in the
witnesses. Community Development Director King gave a presentation on Temporary
Resolutions 9432 and 9433. Mayor Schreiber asked if the landscaping on the east side
would obscure and block off the residents behind the complex. Community
Development Director King said initially there would be visibility until the foliage filled in.
Mr. Coker asked whether criteria of Section 24 had been met; and whether approval
had been recommended. Community Development Director King responded in the
affirmative. Mr. Coker gave a presentation. Lee Moldoff, Architect, 7436 Wiles Road,
Coral Springs, gave a presentation. Commissioner Roberts asked what lies to the east
of the property, and Mr. Moldoff said Malvern Town Hones. Commissioner Roberts
asked about moving the entrance as far east as possible, and how far it is from the
intersection. Mr. Moldoff said about 400-500 feet to the stop sign. Mayor Schreiber
said he is concerned with traffic exiting onto Nob Hill Road, and Commissioner Roberts
asked if the applicant met with the residents surrounding Westwood to hear their
concerns. Mr. Coker said he appeared before the Planning and Zoning Board three
times and heard and addressed all comments; however, he did not meet with the
residents other than at the Planning and Zoning meeting. Commissioner Portner asked
why there is only one ingress and egress, and Mr. Coker said there is no other place to
put an entry and exit, if the entry were widened they would lose parking spaces. Vice
Mayor Sultanof spoke about the ingress and egress, and said while he has no objection
to the project he is concerned about the health and safety of the people on that road.
Mayor Schreiber said all the Commissioners are concerned about the health, welfare
and safety of the people, and traffic is the primary problem, which he feels can be
solved if an arrangement can be made with the owner of the shopping center for egress
behind Nob Hill Road. Alan Tinter, Traffic Engineer gave a presentation. Mayor
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Schreiber opened the public hearing. Len Ronik, 9818 Malvern Drive, Sam Izenwasser,
9820, Malvern Drive, Marcia Kantorwitz, 7306 NW 94 Avenue, Diane Glasser, 9507 NW
72 Court, and Marvin Seidel, 964 N. Belfort, spoke about ingress, egress and traffic.
Commissioner Partner suggested speaking with the shopping center owner to get a
dual ingress/egress through the parking lot. Commissioner Roberts asked Mr. Tinter if
he actually waited at the intersection and timed the wait to get out onto the road, and
asked if there were enough warrants for a traffic light. Mr. Tinter said he did take the
drive but did not time the wait. Mr. Tinter said it is very difficult to get a signal based on
gaps. Vice Mayor Sultanof said he has been actively involved in trying to get warrants
for lights, and it is impossible for the County to approve that spot for a traffic light with
lights at nearby streets. Vice Mayor Sultanof said it takes longer than 10 seconds to
get out onto Nob Hill Road. Commissioner Roberts asked if there is any way that the
driveway can be changed to make it safer, and Community Development Director King
introduced Joaquin Vargas, Traffic Engineer, Miller Consulting. Mr. Vargas gave a
presentation and said the single driveway is adequate. There being no one else
wishing to speak, Mayor Schreiber closed the public hearing. Mayor Schreiber spoke
about the problem at Westwood Drive and Nob Hill, and said he had arranged for the
Department of Engineering to put a right turn only sign there. Mayor Schreiber
suggested the applicant take the time and initiative to get an egress on Nob Hill Road,
as safety is very important. Mayor Schreiber recommended a dog walk be added to the
plans. Mr. Coker gave his closing statement.. Commissioner Roberts seconded by
Commissioner Portner moved to table Items 16 and 17 until August 22, 2001 at or after
9:00 a.m. On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes",
Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes".
Motion carried.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
17. REVISED DEVELOPMENT ORDER - WESTWOOD APARTMENTS (TR9433)
Motion to approve Resolution issuing Revised Development Order No. 229.5 and
granting New Development Site Plan approval to Westwood Apartments to allow the
construction of sixty-two (62) garden apartment units with associated parking,
landscaping and infrastructure improvements, located at Nab Hill Road and Westwood
Drive; specifically Parcel "A" of the "Nab Hill/Westwood Plat", according to the Plat
thereof as recorded in Plat Book 144, Page 3 of the public records of Broward County,
Florida; Case No. 2-SP-01.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
Mayor Schreiber called a recess at 9:30 p.m. The regular Commission meeting
reconvened at 9:50 p.m. with everyone in attendance as before. The Commission
moved out of the regular order of business to consider Items 22 through 25.
Community Development Director King suggested discussing Items 22 through 25
concurrently.
July 11, 2001
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22. DELEGATION REQUEST -FOUNTAINS CORPORATE CENTER: (TR9443)
Motion to approve Resolution approving a Delegation Request to amend the notes on
the "Fountains Corporate Center" Plat to accommodate the development of an 84,600
square foot component passive self -storage facility as requested in Exhibit 1",
specifically the "Fountains Corporate Center" Plat, according to the Plat thereof as
recorded in Plat Book 139, Page 44 of the Public Records of Broward County, Florida;
located at West Commercial Boulevard, east of NW 63 Avenue; Case No. 5-P-01. City
Attorney Kraft read Temporary Resolution 9443, Revision #1 by title. Commissioner
Partner seconded by Commissioner Roberts moved approval. City Attorney Kraft read
Temporary Resolution 9442, Revision #1 by title. Commissioner Roberts seconded by
Commissioner Portner moved approval. City Attorney Kraft read Temporary Resolution
9444, Revision #1 by title. Commissioner Portner seconded by Commissioner Roberts
moved approval. City Attorney Kraft read Temporary Resolution 9445 by title.
Commissioner Partner seconded by Commissioner Roberts moved approval. City
Attorney Kraft explained the quasi-judicial procedures and Attorney Jim Brady, waived
the formalities of the quasi-judicial process, and invoked his right to bring the formalities
back. Community Development Director King gave a presentation. Commissioner
Roberts, Commissioner Portner, Vice Mayor Sultanof, Commissioner Mishkin and
Mayor Schreiber disclosed discussions with the applicant's attorney, and said they had
received mail and spoke with residents regarding the project. Mayor Schreiber opened
the public hearing. Lester Brown wanted to know the definition of a passive building.
Sid Dorfman, 405 White Oak Lane, Lester Weinberg, 4504 King Palm Drive, Lawrence
Torn, 4500 King Palm Drive, Joel Lubin, 6007 Royal Poincianna Drive, Jerry
Buchsbaum, 6206 Orchard Terrace Lane, Steve Galper, 4601 Norfolk Island Pine,
Steven Fain, 4406 King Palm Drive, Mel Keil, 6106 Orchard Tree Lane, George Stroker,
5504 White Oak Place, Joel Davison, 4608 Norfolk Island Pine Drive, Peter Gryar, 6108
Pine Island Lane, Taylor White, 4813 Banyan Lane, Lester Barron, and Jack Talabisco,
5215 White Oak Lane, spoke against the project and expressed concern over traffic,
loading dock and property values. Ilene Lieberman, 4809 Woodlands Boulevard spoke
about the quality of life in Tamarac and said there are already five storage facilities in
Tamarac. Ms. Lieberman spoke about the building facade, traffic, hours of operation,
hazardous materials, type of permitted vehicles, the loading facility and the number of
parking spaces. Ms. Lieberman suggested tabling the item in order to give the property
owners and the applicant time to work out various issues. With no one else wishing to
speak, Mayor Schreiber closed the public hearing. Commissioner Roberts asked where
the loading dock is and Community Development Director King said one is on the east
side of the building and one is under the port cochere. Mr. Brady said they are not
actually loading docks, but loading bays. Mr. Brady gave a presentation. Gary
Delaney, Representative of Safeguard, gave a presentation. Commissioner Roberts
asked if there was an outside entrance to the storage units, and Mr. Delaney said there
is not. Mayor Schreiber asked about enhancing the appearance of the facility, and Mr.
Delaney said he would try to expand on it. Rhon Ernest Jones, Architect, gave a
presentation. Alan Tinter, Traffic Engineer, gave a presentation. Bob Miller, Certified
Real Estate Appraiser gave a presentation. Mr. Brady said the suggestion to table the
item is unacceptable, and this is the most benign use of the property. Mayor Schreiber
July 11, 2001
Regular City Commission Meeting Minutes
11
said there are indications that Mr. Brady had not met with the representatives of the
homeowners of the Woodlands, and he feels things can be worked out if they were to
meet. Mr. Brady said he met with people who were purported representatives of the
area, and after the meeting those people said they favored the project. Jean Zisser,
President of the Woodlands Homeowners Association said she would like the
opportunity to have Mr. Brady and his team meet with the presidents of the
homeowners' association, and the Commission is welcome to attend. Commissioner
Portner said he has heard the Woodlands referred to as the "crown jewel" of Tamarac.
He is pleased so many people came to the meeting tonight, and thanked Mr. Brady and
his staff, as well as Tamarac staff for an excellent presentation. Commissioner Portner
said while there is merit in Mr. Brady's proposal, there are many unanswered questions.
Commissioner Portner said a traffic light would make things safer, and proposed to
continue the item to the regular Commission meeting of August 22 at or after 9:00 a.m.
Mayor Schreiber asked about the size of the sign, and Mr. Brady said it would comport
with City requirements. Community Development Director King said the sign would be
about 6'x8', a ground monument. Commissioner Portner seconded by Vice Mayor
Sultanof moved to table Temporary Resolutions 9443, 9442, 9444 and 9445 to the
August 22, 2001 meeting at or after 9:00 a.m. On roll call Commissioner Portner voted
"yes", Vice Mayor Sultanof "yes", Commissioner Roberts "yes", Commissioner Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
23. SPECIAL EXCEPTION -SAFEGUARD SELF -STORAGE FACILITY: (TR9442)
Motion to approve Resolution granting a Special Exception to allow the establishment
of a component passive storage facility in a B-2 (Community Business District) zoning
category to Safeguard Self -Storage Facility, located on West Commercial Boulevard,
east of NW 63 Avenue; specifically Parcels "A" and "B" of the "Fountains Corporate
Center" Plat, according to the Plat thereof as recorded in Plat Book 139, Page 44 of the
Public Records of Broward County, Florida; Case No. 13-Z-01; providing for conditions
of approval.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
24. LIMITED PARKING WAIVER -SAFEGUARD SELF -STORAGE FACILITY:
(TR9444) Motion to approve Resolution granting a Limited Parking Waiver to allow
thirteen (13) parking spaces and two (2) loading spaces (12' x 60') to serve a proposed
84,600 square foot component passive self -storage facility to Safeguard Self -Storage
Facility, located at West Commercial Boulevard, east of NW 63 Avenue; specifically
Parcels "A" and "B" of the "Fountains Corporate Center" Plat, according to the Plat
thereof as recorded in Plat Book 139, Page 44 of the Public Records of Broward
County, Florida; Case No. 15-Z-01; providing for condition of approval.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
July 11, 2001
Regular City Commission Meeting Minutes
12
25. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN -
SAFEGUARD SELF -STORAGE FACILITY: (TR9445) Motion to approve Resolution
issuing Revised Development Order No. 209.3 and granting New Development Site
Plan approval to Safeguard Self -Storage Facility to allow the construction of an 84,600
square foot component passive self -storage facility with associated parking,
landscaping and infrastructure improvements, located at West Commercial Boulevard,
east of NW 63 Avenue; specifically Parcels "A" and "B" of the "Fountains Corporate
Center" Plat, according to the Plat thereof as recorded in Plat Book 139, Page 44 of the
Public Records of Broward County, Florida; Case No. 11-SP-01; providing for
conditions of approval.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
The Commission moved back to the regular order of business on the agenda.
18. SPECIAL EXCEPTION-ALAZHAR SCHOOL: (TR9436) Motion to approve
Resolution granting a Special Exception to allow an existing not -for -profit school to
expand educational services to include a middle school (grades six [6] through eight [8])
in a B-2 (Community Business District) zoning category to Alazhar School, located at
7201 West McNab Road; specifically Block V, Lots 1 thru 4 of the "McNab Commercial
Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 74, Page 13 of
the Public Records of Broward County, Florida; Case No. 12-Z-01; providing for
conditions of approval. City Attorney Kraft read Temporary Resolution 9436, Revision
#1 by title. Commissioner Partner seconded by Vice Mayor Sultanof moved approval.
Commissioner Partner seconded by Commissioner Roberts moved to table Temporary
Resolution 9436 to August 22, 2001 at or after 9:00 a.m. due to the fact that the
applicant did not appear. On roll call Commissioner Portner voted "yes", Commissioner
Roberts 'yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", and Mayor
Schreiber "yes". Motion carried.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
19. SPECIAL EXCEPTION -BROADCAST TOWER: (TR9438) Motion to approve
Resolution granting a Special Exception to allow the replacement of an existing 170'
guyed AM Broadcast Tower with a new, structurally improved 170' guyed AM Broadcast
Tower and the addition of three (3) wireless service providers to the antennas of the
tower in an A-1 (Limited Agricultural District) zoning category to WRBD-Rock Island
Road Project, located at 4431 Rock Island Road; specifically the SE 1/4 of the SE 1/4
of the SE 1/4 of Section 14, Township 49 South, Range 41 East of the "Fort Lauderdale
Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of
the Public Records of Broward County, Florida; Case No. 7-Z-01; providing for
conditions of approval. City Attorney Kraft read Temporary Resolution 9438 by title.
Commissioner Portner seconded by Vice Mayor Sultanof moved approval. City
Attorney Kraft explained the quasi-judicial procedures and Attorney Alan Gabriel,
representing the applicant, waived his quasi-judicial rights. Community Development
July 11, 2001
Regular City Commission Meeting Minutes
13
Director King gave a presentation. Vice Mayor Sultanof asked if this had anything to
do with the new communication act, and City Attorney Kraft said it is a separate matter.
Mr. Gabriel gave a presentation. 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 Roberts "yes", Commissioner
Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-199
20. SPECIAL EXCEPTION -SELF-SERVICE COIN LAUNDRY: (TR9439) Motion to
approve Resolution granting a Special Exception to allow the operation of a self-service
coin laundry in a B-3 (General Business District) zoning category to Wash Around the
Clock Coin Laundry, located at 3803 West Commercial Boulevard; specifically a portion
of Lots 7, 8 and 9 of the "Tamarac Business Center" Plat, according to the Plat thereof
as recorded in Plat Book 61, Page 27 of the Public Records of Broward County, Florida;
Case No. 10-Z-01; providing for conditions of approval. City Attorney Kraft read
Temporary Resolution 9439 by title. Commissioner Roberts seconded by
Commissioner Partner moved approval. City Attorney Kraft explained the quasi-judicial
procedures and Larry Rothman, owner, waived his quasi-judicial rights. Commissioner
Portner said 7:00 a.m. — 12:00 a.m. seemed to be excessive hours, and Mr. Rothman
said he was hopeful that he would not be open that late. Commissioner Roberts asked
about security, and Mr. Rothman said there is camera surveillance. Mayor Schreiber
opened the public hearing and with no one wishing to speak, closed the public hearing.
On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice
Mayor Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion
carried.
RESOLUTION NO. R2001-200
21. PARKING WAIVER - TAMARAC BUSINESS CENTER: (TR9440) Motion to
approve Resolution granting a limited Parking Waiver of thirty-two (32) required parking
spaces for a church proposed to be located in the Tamarac Business Center on Sunday
from 9:30 a.m. thru 1:30 p.m. and 7:30 p.m. thru 9:30 p.m. and Tuesday and Friday
from 8:00 p.m. thru 9:30 p.m. to In Touch Ministries Church of God, Inc., located at
4959 North State Road #7 (Tamarac Business Center); specifically Lot 9, Section 13,
Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms" Plat,
according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records
of Broward County, Florida; Case No. 14-Z-01. City Attorney Kraft read Temporary
Resolution 9440, Revision #1 by title. Commissioner Roberts seconded by
Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial
procedure and Pastor Mervyn C. Jordan, owner, waived his quasi-judicial rights.
Community Development Director King 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", Commissioner Portner "yes", Vice Mayor
Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion
carried.
RESOLUTION NO. R2001-201
July 11, 2001
Regular City Commission Meeting Minutes
14
1
Ll
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
26. 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 CIAC fees; authorizing
and directing the City Clerk to record said Agreement in the public records of Broward
County. City Attorney Kraft read Temporary Resolution 9404 by title. Vice Mayor
Sultanof seconded by Commissioner Mishkin moved approval. Commissioner Portner
seconded by Commissioner Roberts moved to table Temporary Resolution 9404 to the
August 22, 2001 City Commission meeting at or after 9:00 a.m. On roll call
Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Sultanof
"yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
TABLED TO THE AUGUST 22, 2001 CITY COMMISSION MEETING AT 9:00 A.M.
OR THEREAFTER
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the meeting at 11:50 p.m.
MARION SWENSON, CMC
CITY CLERK
J
,,.,JOE SCHREIBER, MAYOR
CITY Off" I'. C
AAPIGVED AT A'EETING OF Z U0/
July 11, 2001
Regular City Commission Meeting Minutes
15