HomeMy WebLinkAbout2001-08-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY AUGUST 22, 2001
CALL TO ORDER: Mayor Schreiber called the Regular meeting of the City Commission
to order at 9:00 a.m. on Wednesday, August 22, 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. 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. 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 said
items 1, 2, 3, and 4 were tabled at the July 11, 2001 meeting. The titles had been read at
the July 11, 2001 meeting and motion for approval made by Commissioner Portner with
second by Commissioner Roberts. Mayor Schreiber, Vice Mayor Sultanof, Commissioner
Portner, Commissioner Roberts and Commissioner Mishkin disclosed ex-parte
communications regarding items 1, 2, 3 and 4 on the agenda, and Commissioner Roberts
seconded by Commissioner Portner moved to reopen item 1 (Temporary Resolution
9443); item 2 (Temporary Resolution 9442); item 3 (Temporary Resolution 9444); and item
4 (Temporary Resolution 9445). City Attorney Kraft said Temporary Resolution 9464 is
not a public hearing and would have to be heard separately. Jim Brady, property owner
introduced Gary Delaney, Safeguard representative, and said Mr. Delaney met with the
Woodlands Associations and representatives, and commended Safeguard for the project.
Mr. Delaney said after the July 11"' meeting he met with representatives of the Woodlands
several times to work out issues. Those issues that were agreed upon were stepping
back the third floor of the building by 5'; removing building signage; adding additional glass
to make the building look more like an office building; adding additional landscaping; and
an agreement that Safeguard would contribute $25,000 toward installation of a traffic light.
Mayor Schreiber opened the public hearing. The following people spoke in favor of the
project: Morris Sher, 6161 NW 57 Court, Tamarac; Mick Mickenberg, 6200 NW 62 Street,
Tamarac, who asked for a show of hands from representatives of Bermuda Club of those
in favor of the project (about 25 people raised their hands); and Jean Zisser, President of
the Woodlands Homeowners' Association. The following people spoke in opposition to
the project: Lester Weinberg, 4504 King Palm Drive, Tamarac; Burt Schneider, 8056 NW
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72 Street, Tamarac; Judy Margolis, 4704 Queen Palm Lane, Tamarac, who handed out a
packet of information to the Commission, including signed petitions; Karen Kleinman, 5712
Guava Drive, Tamarac; Harvey Kram, 4802 Queen Palm Lane, Tamarac; George Stroker,
5504 Water Oak Place, Tamarac; and Ruby Weil, 5504 Blue Jack Oak Circle, Tamarac.
Eileen Lieberman, Broward County Commissioner and Woodlands resident, spoke about
issues that needed more work; hours of operation, traffic, and saturation. Mr. Delaney
said if the project were to be approved, the stipulations would be included in the
resolution. Mayor Schreiber closed the public hearing. Mr. Brady said he appreciated the
Commission's time. Commissioner Roberts congratulated Messrs. Brady and Delaney on
trying to work with the community, and said there is a self -storage business behind her
development and property values have not gone down. Commissioner Portner said he
has lived in Tamarac for 26 years and has seen it go from a population of 20,000 to
55,000. There is nothing more constant in the world than change, and we must accept
change. Vice Mayor Sultanof said he understands everyone's objections and asked
people to remember that the property was at one time considered a dumping place. Vice
Mayor Sultanof said it is important to recognize that the corridor starts east of 441 and
goes west to the Sawgrass. There will be changes there, and in his district, District 3,
there have been many changes through the years, and they have been accepted.
Community Development Director King said the applicant submitted revised site plans,
and the concerns of the residents have been addressed. Community Development
Director King read into the record the proposed language for conditions of approval of
Temporary Resolution 9442, granting a Special Exception: Stipulation #3: In addition to
the required landscaping on the subject property, the applicant shall be required to install
landscaping on the south side of Commercial Boulevard along the Woodlands Community
(the entire frontage along Commercial Boulevard), at one (1) tree for every 40 linear feet
with a continuous hedge (3' in height); Stipulation #4: The applicant shall post a $25,000
bond with Broward County for the possible installation of a traffic light at one of the
following intersections with Commercial Boulevard: a) the ingress/egress with the subject
property; b) White Oak Lane; or c) Banyan Lane. Mr. Brady said there is a restrictive
covenant that precludes him from putting warehouses on the adjoining site.
Commissioner Mishkin said she returned every call and listened to everyone; she read
every letter and carefully investigated each concern, and asked everyone to understand
that the Commission is limited as to how much they can do. Commissioner Portner asked
about the trees, and Mr. Delaney said he would purchase trees as mature as he could get.
Mayor Schreiber said the applicant went over and beyond what was needed to satisfy the
people of Woodlands, and this is a quality project. On roll call Commissioner Portner
voted "yes", Vice Mayor Sultanof "yes", Commissioner Roberts "yes", Commissioner
Mishkin "no", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-202
2. 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,
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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.
Commissioner Portner seconded by Commissioner Roberts moved approval of Temporary
Resolution 9442, as amended. On roll call Commissioner Partner voted "yes",
Commissioner Roberts "yes", Vice Mayor Sultanof "yes', Commissioner Mishkin "no", and
Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-203
3. 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. Commissioner Partner seconded
by Commissioner Roberts moved approval. On roll call Commissioner Portner voted
"yes", Commissioner Roberts "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin
"no", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-204
4. 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.
Commissioner Portner seconded by Commissioner Roberts moved approval. On roll call
Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Sultanof
"yes", Commissioner Mishkin "no", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-205
5. WATER AND SEWER DEVELOPER'S AGREEMENT - SAFEGUARD SELF -
STORAGE (NOT PUBLIC HEARING): (TR9464) Motion to approve Resolution accepting
and executing a Water and Sewer Developer's Agreement with Safeguard Properties,
L.L.C., for the Safeguard Self -Storage Project, located at 6101 West Commercial
Boulevard for one non-residential water and sewer building connection requiring 2.5
ERC's for water and 2.5 ERC's for sewer; requiring the payment of $8,000.00 in CIAC
fees; authorizing and directing the City Clerk to record said documents in the public
records of Broward County; providing for conflicts; providing for severability; and providing
for an effective date. City Attorney Kraft read Temporary Resolution 9464 by title.
Commissioner Portner seconded by Vice Mayor Sultanof moved approval. On roll call
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Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Roberts
"yes", Commissioner Mishkin "no", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-206
Mayor Schreiber recessed the meeting at 10:10 a.m. Mayor Schreiber reconvened the
meeting at 10:15 a.m. with all present as before, except for Commissioner Portner who
was participating in the meeting electronically.
6. 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. City Attorney Kraft said item 6,
Temporary Resolution 9432 and item 7, Temporary Resolution 9433 were continued from
the July 11 t" meeting. City Attorney Kraft asked for ex-parte disclosures and
Commissioner Roberts, Mayor Schreiber, Vice Mayor Sultanof, Commissioner Mishkin
and Commissioner Portner said they had spoken with the applicant and the applicant's
attorney. City Attorney Kraft read Temporary Resolution 9433 by title. City Attorney Kraft
read Temporary Resolution 9432 by title. Attorney Coker, representing the applicant, said
since the last public hearing every issue raised by the staff and residents was looked at,
and the adjacent property owner would not allow access through his property. Mr. Coker
said there is no other possibility for access other than through Westwood Drive. Mayor
Schreiber opened the public hearing. Evelyn Sands, 9906 Malvern Drive, Tamarac, Len
Ronik, 9818 Malvern Drive, Tamarac, Sam Izenwasser, 9820 Malvern Drive, Tamarac,
Diane Glasser, 9507 NW 72 Court, Tamarac, and Marcia Kantorwitz, 7306 NW 94
Avenue, Tamarac, all spoke in opposition to the project, citing traffic and safety. Mayor
Schreiber closed the public hearing. Mr. Coker said a special exception use is a permitted
use in the code subject to certain standards and there has been no testimony to indicate
that this project is not in compliance with the standards. Mr. Coker said traffic studies
were done and Westwood Drive is a collector road, operating at 20% of capacity.
Accidents due to left turns onto Nob Hill Road exist today, and left turns are always an
issue. The issue is not traffic on Westwood Drive but on Nob Hill Road. Vice Mayor
Sultanof said based on testimony and evidence given July 111", Mr. Tinter, the applicant's
engineer said traffic studies showed inconsistencies with the Tamarac Code. Vice Mayor
Sultanof said the health, safety and welfare of the public is a major concern, and accidents
are part of the problem. Commissioner Roberts said morally the Commission might not
like to vote on some items, but many times legally the Commission can be sued without
having good strong evidence to vote against an item. On roll call Commissioner Roberts
voted "yes", Vice Mayor Sultanof "no", Commissioner Portner "no", Commissioner Mishkin
"no", and Mayor Schreiber "no". Motion failed.
7. 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
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of sixty-two (62) garden apartment units with associated parking, landscaping and
infrastructure improvements, located at 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-SP-
01. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. On roll
call Commissioner Roberts voted "no", Vice Mayor Sultanof "no", Commissioner Portner
"no", Commissioner Mishkin "no", and Mayor Schreiber "no". Motion failed.
8. WATER AND SEWER DEVELOPER'S AGREEMENT - WESTWOOD
APARTMENTS (NOT PUBLIC HEARING): (TR9404) Motion to approve Resolution
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. Commissioner Roberts seconded by Vice Mayor
Sultanof moved approval. On roll call Commissioner Roberts voted "no", Vice Mayor
Sultanof "no", Commissioner Partner "no", Commissioner Mishkin "no", and Mayor
Schreiber "no". Motion failed.
9. PUBLIC PARTICIPATION: Marc Garr, 9476 S Belfort Circle Tamarac; 7614 NW
79`h Terrace, Tamarac, spoke about raises for Broward Sheriffs Officers. Marvin Seidel,
9645 N Belfort, Tamarac, spoke about the road conditions on Southgate and McNab, a
police department for Tamarac, and use of cell phones while driving.
Commissioner Partner returned to the Chambers.
RFP()RTR
10. City Commission: Commissioner Roberts wished Commissioner Portner a happy
birthday, and reminded everyone to drive carefully as school starts on Monday.
Commissioner Portner had no report.
Vice Mayor Sultanof said prior to the meeting he distributed a letter from University
Hospital and Medical Center and asked that it be added to the record. Vice Mayor
Sultanof wished Commissioner Portner a happy birthday and best wishes on his
grandson's bar mitzvah. Vice Mayor Sultanof congratulated Commissioner Portner on the
award he received from the French government for D-Day, and said it is long overdue.
Commissioner Mishkin congratulated Commissioner Portner on his birthday.
Mayor Schreiber congratulated Commissioner Portner on his birthday, his grandson's bar
mitzvah and on receipt of the award.
August 22, 2001
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11. City Attorney_: City Attorney Kraft wished Commissioner Portner a happy birthday.
12. City Manager: City Manager Miller congratulated Commissioner Portner on his
birthday and on receipt of the award.
CONSENT AGENDA
13. 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 July 9, 2001 Special Commission meeting.
APPROVED
b. APPROVE the minutes of the July 11, 2001 Regular Commission meeting.
APPROVED
C. RENEWAL AMENDMENT - AMERICAN HEART ASSOCIATION: (TR9469)
Executing a renewal amendment between the City of Tamarac and the American
Heart Association renewing the prior agreement for a period of two (2) years,
beginning on September 1, 2001 through August 31, 2003.
RESOLUTION NO. R2001-207
d. WATER AND SEWER UTILITY EASEMENT - MCNAB BUSINESS PARK:
(TR9437) Accepting and executing a "Tamarac Water and Sewer Utility Easement"
with Industrial Development Co. of America, L.L.L.P., for the McNab Business Park
Project, located on the south side of McNab Road just east of Hiatus Road, to allow
legal access by City Utility Personnel for installing, maintaining, and operating the
Water Distribution and Sewage Collection Systems; authorizing and directing the
City Clerk to record said document in the public records of Broward County.
RESOLUTION NO. R2001-208
e. BILL OF SALE ABSOLUTE — WALGREEN'S: (TR9430) Accepting a bill of Sale
Absolute from NYCH Partners, Ltd., for the Water Distribution and Wastewater
Collection System Improvements for the Walgreen's Project, located on the
northwest corner of West Commercial Boulevard and Pine Island Road, for City
ownership; authorizing and directing the City Clerk to record said document in the
public records of Broward County.
RESOLUTION NO. R2001-209
f. RELEASE WARRANTY BOND - SOUTHAMPTON PHASE "G" - WATER
DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS:
(TR9465) Releasing a Public Improvement Warranty Bond in the form of an
Irrevocable Standby Letter of Credit No. S002239 from SunTrust Bank, in the
amount of $2,757.50 for the Water Distribution and Sewage Collection System
improvements installed by Lennar Land Partners, Inc., for the Southampton Phase
"G" Project located on the west side of Nob Hill Road between NW 71st Place and
NW 815t Street; authorizing the City Clerk to record said document in the public
records of Broward County.
RESOLUTION NO. R2001-210
August 22, 2001
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g. BILL OF SALE ABSOLUTE - DAVID'S CUSTOM CATERING: (TR9470)
Accepting a Bill of Sale Absolute from David's Custom Catering, Inc., for the Water
Distribution System Improvements for the David's Custom Caterer's Project,
located at 6501 West Commercial Boulevard, for City ownership; authorizing and
directing the City Clerk to record said document in the public records of Broward
County
RESOLUTION NO. R2001-211
h. TAMARAC DAYS - WAIVE PERMIT FEES AND OCCUPATIONAL LICENSE
FEES: (TR9471) Approving requests from the Tamarac Chamber of Commerce for
inkind support and to waive all permit fees and occupational license fees for the
Tamarac Days events to be held at Tamarac Park on Saturday, October 27, 2001
from 10:00 a.m. to 5:00 p.m., and Sunday, October 28, 2001 from 10:00 a.m. to
4:00 p.m.
RESOLUTION NO. R2001-212
i. TAMARAC DAYS - PERMIT TO SELL AND SERVE BEER: (TR9472) Permitting
the Tamarac Chamber of Commerce and/or designee to sell and serve beer at their
Tamarac Days events to be held at Tamarac Park, 7501 North University Drive, on
Saturday, October 27, 2001, from 10:00 a.m. through 5:00 p.m. and Sunday,
October 28, 2001, from 12:01 p.m. through 4:00 p.m.; providing for proper
insurance and Hold Harmless Agreement; providing for security at the beer service
trucks.
RESOLUTION NO. R2001-213
j. POSTAL CENTER INTERNATIONAL: (TR9479) Renewing the Agreement with
Postal Center International, Inc. for city-wide mailing services utilizing Southeast
Florida Governmental Purchasing Cooperative Group Contract #582-8053 effective
through October 4, 2004.
RESOLUTION NO. R2001-214
k. AGREEMENT - FIRST UNION NATIONAL BANK: (TR9482) Executing an
amendment to the existing agreement between the City of Tamarac and First Union
National Bank (FUNB) extending banking services for a period of three months or
until the new contract is finalized and awarded, whichever is sooner.
RESOLUTION NO. R2001-215
I. RELEASE WARRANTY BOND - SANIBEL/CAPTIVA LAND SECTION 6 PHASE 2
PROJECT: (TR9343) Releasing Public Improvement Warranty Bond #5912073
from Safeco Insurance Company of America as surety, in the amount of $5,047.93
posted by Pulte Home Corporation, for paving, drainage, sidewalk, curb and gutter
improvements in the Sanibel Captiva Phase 2, located on the west side of 108'
Terrace between McNab Road and Southgate Boulevard.
RESOLUTION NO. R2001-216
M. RELEASE WARRANTY BOND - SANIBEL/CAPTIVA LAND SECTION 6 PHASE 1
PROJECT: (TR9345) Releasing a Public Improvement Warranty Bond #5912076
from Safeco Insurance Company of America as surety, in the amount of $19,957.75
posted by Pulte Home Corporation, for paving, drainage, sidewalk, curb and gutter
improvements in the Sanibel and Captiva Phase 1, located on the west side of 1081h
Terrace between McNab Road and Southgate Boulevard.
RESOLUTION NO. R2001-217
August 22, 2001
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n. RELEASE WARRANTY BOND - NW 108TH TERRACE: (TR9349) Releasing Public
Improvement Warranty Bond #5905814 from Safeco Insurance Company of
America as surety, in the amount of $2,316.75 posted by Pulte Home Corporation,
for sidewalk improvements in the Sanibel and Captiva project located on the west
side of 108th Terrace between McNab Road and Southgate Boulevard
RESOLUTION NO. R2001-218
o. RELEASE PUBLIC IMPROVEMENT WARRANTY BOND - PARKWOOD AT
COLONY WEST PROJECT: (TR9483) Releasing a Public Improvement Warranty
Bond in the form of a standby letter of credit #L986426 from Union Planters Bank in
the amount of $620.00 posted by Parkwood At Colony West, Inc., for sidewalk and
curbing improvements for the Parkwood At Colony West Project located on Lagos
De Campo boulevard east of NW 84 Terrace.
RESOLUTION NO. R2001-219
P. RELEASE PUBLIC IMPROVEMENT PERFORMANCE BOND - THE ACTIVE
SENIOR LIVING RESIDENCE PROJECT: (TR9484) Releasing a Public
Improvement Performance Bond in the form of a standby letter of credit #LC870-
112230 from Wachovia Bank, in the amount of $8,625.00 posted by Active Senior
Living Residence, Inc., for paving, sidewalk and curb improvements at the Active
Senior Living Residence Project located on the north side of NW 571h Street
between NW 915t Avenue and Pine Island Road, subject to the receipt of a one-year
warranty bond in the amount of $2,156.25.
RESOLUTION NO. R2001-220
q. RELEASE PUBLIC IMPROVEMENT PERFORMANCE BOND - T&H OFFICE
BUILDING PROJECT: (TR9485) Releasing a Public Improvement Performance
Bond in the form of Check #1101 in the amount of $3,563.60 posted by T&H
Acquisitions, L.L.C., for sidewalk and curb improvements for the T&H office Building
Project located on the southeast corner of McNab Road and Brookwood Boulevard,
subject to the receipt of a one-year warranty bond in the amount of $890.90.
RESOLUTION NO. R2001-221
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES- FIRST READINGS
14. AMENDING THE TAMARAC CHARTER, ARTICLE V, SECTIONS 5.04 AND 5.05:
TO1934 Motion to adopt Ordinance o ( ) n first reading amending the Tamarac Charter,
Article V, Section 5.04, entitled "Powers and Duties of the City Manager" and Section
5.05, entitled "Oath of Office" to provide for the administration of oaths by the City
Manager or his designee; providing for record -keeping by the City Clerk; providing that if
the amendment is approved by a majority of the voters at the March 12, 2002, election,
then such amendment shall become a part of the City Charter upon certification and
acceptance of the election results. City Attorney Kraft read Temporary Ordinance 1934 on
first reading by title. Commissioner Portner seconded by Commissioner Roberts moved
approval. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes",
August 22, 2001
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Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes".
Motion carried.
APPROVED ON FIRST READING
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
15. LOCAL LAW ENFORCEMENT BLOCK GRANT: (TR9481) Motion to approve
Resolution accepting the 2001 Grant Award from the Department of Justice, Bureau of
Justice Assistance, under the Local Law Enforcement Block Program in the amount of
$33,492 from the Bureau of Justice Assistance; authorizing a match of $3,321 in cash
from the grants matching account for a total project cost of $37,213; amending the grants
fund budget. City Attorney Kraft read Temporary Resolution 9481 by title. Commissioner
Roberts seconded by Vice Mayor Sultanof moved approval. Mayor Schreiber opened the
public hearing and with no one wishing to speak, closed the public hearing. Chief
Kenneth Dugger gave a presentation. 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. R2001-222
ASI-JUDICIAL HEARINGS (CONTINUED
16. 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 No. 1, by title.
Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. City Attorney
Kraft explained the quasi-judicial procedure and Salah Elroweny and Alaa EI-Halwagy
waived their quasi-judicial rights. Community Development Director King gave a
presentation. Commissioner Roberts asked how many classrooms and students were
expected for the middle school, and Mr. EI-Halwagy said they are only adding 6`h grade at
this time, and another building is under construction. 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.
RESOLUTION NO. R2001-223
17. AMENDING PRIOR ZONING OF CERTAIN REAL ESTATE PROPERTY FROM 13-
6 BUSINESS DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT): (TO1935)
Motion to adopt Ordinance on first reading amending prior zoning of certain real estate
property from B-6 (Business District) to B-2 (Community Business District); lands
commonly known as Lots 1 & 2, Block 4 of the "Lyons Industrial Park" Plat, according to
August 22, 2001
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the Plat thereof as recorded in Plat Book 71, Page 1 of the Public Records of Broward
County, Florida, located at 5700 NW 94 Avenue; Case No. 16-Z-01; providing for
amendment of the official zoning map to reflect such change. City Attorney Kraft read
Temporary Ordinance 1935 on first reading by title. Commissioner Portner seconded by
Vice Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial
procedures and Christopher McCray, applicant, waived his quasi-judicial rights.
Community Development Director King gave a presentation. Mayor Schreiber asked what
the benefit was to Tamarac to change the zoning from B-6 to B-2, and Community
Development Director King said there is more versatility with B-2 zoning. Vice Mayor
Sultanof asked if the property was close to the middle school, and Community
Development Director King said it is across the street. Vice Mayor Sultanof expressed
concern about the proximity to the school for churches and businesses, and said he is
worried about control and children transporting back and forth. Mr. McCray said he was in
the process of developing his church and day-care before the Buddhist Church and school
project began. Vice Mayor Sultanof said offices would bring in traffic and he is disturbed
that a quiet section of Tamarac will be a busy street. Mayor Schreiber said adding another
school facility would add more traffic to the area. Community Development Director King
said changing to a B-2 zoning would provide consistency in the area. Mayor Schreiber
asked if Mr. McCray could have this type of business if the Commission denied the
rezoning, and Community Development Director King said it would require a special
exception, but that is an issue to be discussed at another time. Rezoning the property to
B-2 would make it more marketable if the applicant decided not to move forward with the
church. City Manager Miller said the problem with B-6 zoning is that Mr. Hochman, the
owner, has not been able to market the property for 6 years. Everything else on 9411 is
zoned B-2, and the applicant is trying to tie the property to the north and south together
and develop it as a unified plan, and this would benefit the owner by enabling him to sell
the property and benefit the city by bringing in another tax base. Commissioner Portner
questioned a church, day care and retail shopping center in one building and asked how
many bays there are. Mr. McCray said he believed 8 bays, and he would occupy 3 and
lease 5. Commissioner Roberts asked why the owner of the property did not appear
before the Commission, and Community Development Director King said he could have
him present at the next meeting. City Manager Miller said his sense is that the
Commission is concerned about traffic and the site plan is the appropriate place to deal
with that issue. Community Development Director King said a traffic study would be
required of all applicants from now on. 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 "no", and Mayor Schreiber "no". Motion carried.
APPROVED ON FIRST READING
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
August 22, 2001
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There being no further business to come before the City Commission, Mayor Schreiber
adjourned the meeting at 11:30 a.m.
4e�c XK411—�-w
0K`CHk6lBER, MAYOR
MARIOR SEVENS N, CMC
CITY CLERK
ClW OF TAMARAC
ITPHIVED AT MFETING OF
UO 1
August 22, 2001
11