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HomeMy WebLinkAbout2001-09-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY SEPTEMBER 12, 2001 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, September 12, 2001, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Gertrude Mishkin, and Commissioner Karen L. Roberts. 1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming the week of September 16-22, 2001 "National Pollution Prevention Week", and Public Information Officer Lucy Crockett accepted on behalf of Broward County. 2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming September 2001 as "Prostate Cancer Awareness Month", and Personnel Director Maria Swanson accepted. 3. PRESENTATION by Mayor Schreiber of a proclamation proclaiming September 18, 2001 as "International Day of Peace", and Public Information Officer Lucy Crockett accepted. 4. PUBLIC PARTICIPATION: Mark Garr, 7614 NW 99 Terrace; 9496 Belfort Circle, Tamarac spoke about police salaries and illegal dumping at Point Development. Hank Fuchs, Isles of Tamarac spoke about hazardous conditions created by driveways diverted onto McNab Road and buffers for property backing onto McNab Road near Hiatus Road. City Manager Miller said he had told Dr. Froelich, the previous president of Tamarac Lakes that the City would work with the residents on this as part of the City's beautification program. Burt Schneider, 8016 NW 72 Street asked whether the speed limit on McNab Road would return to 45 mph now that the road widening is completed. Mayor Schreiber said he believed it would. IN=1lila6: 5. City Commission: Commissioner Roberts said school is open and asked everyone to drive carefully. Commissioner Portner thanked Mayor Schreiber for issuing a proclamation about prostate cancer. Commissioner Portner said he is a survivor of prostate cancer and encouraged all men to be aware and get a prostate exam, no matter what their age. Commissioner Portner commended all police and firefighters for the magnificent job they have done and are doing in New York City. They put their lives on the line. Vice Mayor Sultanof said yesterday the nation suffered a blow that mere comments will not remedy. The people who did this are not signators of the Geneva Convention and are not soldiers. Civilians are at risk at all times. One of the forefathers of our country said, "we have not yet begun to fight", and that is true today. Vice Mayor Sultanof read a letter from the September 12, 2001 1 Mayor of a Turkish City, expressing sorrow for the September 11th incident and condemning this outrageous attack. Vice Mayor Sultanof said the world cannot recognize fully yet what has taken place; what has been done in the United States, the economic and moral bastion of the world. This country has more backbone than they will ever understand, and we must hit back with such force that all will understand. Our lives will change; freedoms that we had are drastically going to change, and we must protect this country. Commissioner Mishkin said she knows how Vice Mayor Sultanof feels. Commissioner Mishkin stated she heard a woman say she would like to see cities across the United States pick a date where everyone will light a candle in honor of people who gave their lives, and Commissioner Mishkin said she would like to see this happen. Mayor Schreiber said yesterday was a very sad day for all of us in this country and the world. Mayor Schreiber said he remembers Pearl Harbor, and everyone thought that would never happen again, and it is a pity that innocent people were hurt and killed. Mayor Schreiber thanked God for our public servants, the police, firefighters and volunteers who went to help, and the people of the United States offering blood; helping and backing our president in our hour of need. Mayor Schreiber said we should never have to live through something like this again. Mayor Schreiber said he received a communication from the United States Conference of Mayors, the Executive Director in New York, who said anyone wanting to assist in the recovery efforts should donate blood, which is urgently needed; we also need to remain calm and applaud heroism. We need to unite as Americans and close the ranks and back our president. Mayor Schreiber spoke about airport openings and the fact that procedures will change drastically. 6. City Attorney: City Attorney Kraft had no report. 7. City Manager: City Manager Miller expressed sympathy on behalf of the staff and sent condolences to the families of the victims. City Manager Miller said he hopes those responsible for the events of September 111h will be brought to justice. Tamarac will do what it can, and will be organizing a citywide blood drive in the near future. We also expect to receive requests for other types of aid, and will respond as appropriate. We are improving security in City Hall and other public buildings in Tamarac, and Chief Dugger will chair a security committee. City Manager Miller said he would like to extend his admiration and gratitude to City staff for not succumbing to the events of yesterday. Staff did not lose their focus, and City Hall was open and provided services with the first rate attitude that we have come to expect from our employees. Burt Schneider, 8016 NW 72 Street, Tamarac, said the turnout in South Florida for blood donations has been tremendous, and he suggested that since the shelf life of blood is 30 days, the blood drives be set up on a rotating basis. CONSENT AGENDA 8. Vice Mayor Sultanof seconded by Commissioner Mishkin moved approval of items 8(a) through 8(y) on the consent agenda. On roll call Vice Mayor Sultanof voted "yes", September 12, 2001 2 Commissioner Mishkin "yes", Commissioner Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the August 22, 2001 Regular Commission meeting. APPROVED b. VACATION OF EASEMENT - LAGOS DE CAMPO BOULEVARD: (TR9458) Granting a Vacation of Easement to allow the abandonment of two (2) existing twelve foot (12') waterline easements (per Official Records Book (ORB) 10428, Page 543 Broward County Public Records (BCPR) and per Plat Book 81, Page 23 BCPR), one (1) twelve foot (12') sanitary sewer easement (per Plat Book 81, Page 23 BCPR), and one (1) twelve foot (12') FP&L easement (per ORB 4783, Page 524 BCPR), generally located on the south side of Lagos de Campo Boulevard, west of NW 84 Terrace; specifically a portion of Parcels "A" and "R" of the "Wedges of Tamarac" Plat, according to the Plat thereof as recorded in Plat Book 81, Page 23 of the Public Records of Broward County, Florida; Case No. 3-P-01. RESOLUTION NO. R2001-231 C. VACATION OF EASEMENT - LYONS COMMERCIAL SUBDIVISION: (TR9468) Granting a Vacation of Easement of the twenty-seven foot (27') ingress -egress easement running east -west along the southern portion of the property located at 8225 West Commercial Boulevard, specifically Lot 3, Block 7 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida; Case No. 2-P-00. RESOLUTION NO. R2001-232 d. WATER AND SEWER UTILITY EASEMENTS - TAMARAC LAKES SEWER EXTENSION AND WATER DISTRIBUTION PROJECT: (TR9467) Accepting and executing "Tamarac Water and Sewer Utility Easements" with various residents of the Tamarac Lakes Development Sections 1 & 2 for the Tamarac Lakes Sewer Extension and Water Distribution Project located on the east side of 21" Avenue just north of Prospect Road, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said documents in the public records of Broward County. RESOLUTION NO. R2001-233 e. ASSIGNMENT ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT - WESTPOINT DISTRIBUTION CENTRE I: (TR9486) Approving an Assignment of the Water and Sewer Developer's Agreement with Higgins Development Partners, L.L.C., for the Westpoint Distribution Centre I Project to 5607 Hiatus Road Building, L.L.C.; approving an Acceptance to Assignment executed by 5607 Hiatus Road Building, L.L.C.; approving and executing an Acknowledgement of Agreement and Consent to Assignment between Higgins Development Partners, L.L.C., and 5607 Hiatus Road Building, L.L.C. This project is located at 5607 Hiatus Road, authorizing the appropriate city officials to execute said acknowledgements, authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-234 September 12, 2001 3 f. WATER UTILITY EASEMENT - WESTPOINT DISTRIBUTION CENTRE 1: (TR9390) Accepting and executing a Tamarac Water Utility Easement with 5607 Hiatus Road Building, L.L.C., for the Westpoint Distribution Centre I Project, located at 5607 Hiatus Road, to allow legal access by the City Utility Personnel for installing, maintaining, and operating the Water Distribution System; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-235 g. PUBLIC UTILITY EASEMENT - WESTPOINT DISTRIBUTION CENTRE 1: (TR9391) Accepting and executing a Tamarac Public Utility Easement with 5607 Hiatus Road Building, L.L.C., for the Westpoint Distribution Centre I Project located at 5607 Hiatus Road; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-236 h. BILL OF SALE ABSOLUTE WATER DISTRIBUTION SYSTEM IMPROVEMENTS - WESTPOINT DISTRIBUTION CENTRE I: (TR9493) Accepting a Bill of Sale Absolute from 5607 Hiatus Road Building, L.L.C., for the water distribution system improvements for the Westpoint Distribution Centre I Project, located at 5607 Hiatus Road, for city ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-237 i. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT - WESTPOINT DISTRIBUTION CENTRE 1: (TR9392) Accepting and executing a Blanket Public Safety Ingress/Egress Easement with 5607 Hiatus Road Building, L.L.C., for the Westpoint Distribution Centre I Project, located at 5607 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. R2001-238 SETTLEMENT FOR UNPAID GUARANTEED REVENUES - FAIRWAYS III, PHASE II: (TR9503) Accepting and executing a settlement agreement in the amount of $57,500.00 with Fidel Gomez for unpaid guaranteed revenues for the Fairways III, Phase II Project, located on the south side of Lagos de Campo Boulevard west of NW 841" Terrace; authorizing the appropriate City Officials to execute said agreement; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-239 k. ASSIGNMENT ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT_- FAIRWAYS III, PHASE II: (TR9504) Approving an Assignment of the Water and Sewer Developer's Agreement with Fidel Gomez, current owner of Fairways III, Phase II Project to Royal Golf Club, L.L.C.; approving an Acceptance to Assignment executed by Royal Golf Club, L.L.C.; and approving and executing an Acknowledgement of Agreement and Consent to Assignment between Fidel Gomez, current owner, and Royal Golf Club, L.L.C. This project is located on the south side of Lagos de Campo Boulevard west of NW 84" Terrace; authorizing the September 12, 2001 4 appropriate City Officials to execute said acknowledgement; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-240 I. WATER AND SEWER DEVELOPER'S AGREEMENT - FIRST AMENDMENT - FAIRWAYS III, PHASE III: (TR9505) Accepting and executing a First Amendment to the Water and Sewer Developer's Agreement with Royal Golf Club, L.L.C., for the Fairways III, Phase II Project hereinafter known as Royal Golf Club Townhomes Project, located on the south side of Lagos de Campo Boulevard west of NW 84'h Terrace, changing the project name from Fairways III, Phase II Project to Royal Golf Club Townhomes Project and adding one additional meter and establishing additional contribution charges in the amount of $3,200.00; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2001-241 M. TAMARAC COMMUNITY CENTER - ALCOHOLIC BEVERAGES: (TR9487) Permitting the National Institute of Governmental Purchasing (NIGP) and the Governmental Purchasing Association of Southeast Florida (GPASE) and/or designee to sell and serve alcoholic beverages at the 41h Annual Reverse Trade Show Reception to be held at the Tamarac Community Center, 8601 West Commercial Boulevard, on Thursday, October 11, 2001, from 3:30 p.m. through 5:30 p.m.; providing for proper insurance and hold harmless agreement. RESOLUTION NO. R2001-242 n. AGREEMENT - BROWARD CULTURAL AFFAIRS COUNCIL COMMUNITY ARTS AND EDUCATION PROGRAM: (TR9506) Executing an agreement between the Broward County Board of County Commissioners and the City of Tamarac, Florida for grant funding in the amount of $10,630.00 with a City match of $10,630.00 for the Broward Cultural Affairs Council Community Arts and Education program to provide a series of classes and presentations in the cultural arts at community events, provided through a partnership with the White Willis Theatre, Inc., in FY 2002 at City of Tamarac recreation facilities; amending the annual grants fund budget of estimated revenues and expenditures in the amount of $10,630.00. RESOLUTION NO. R2001-243 a. ASSESSMENT ROLL FOR NORTH SECTION 7 ASSESSMENT AREA: (TR9492) Approving an assessment roll for the North Section 7 Assessment Area, including delinquency amounts; establishing the lien associated therewith; directing that the assessment rolls be certified to the Broward County Tax Collector. RESOLUTION NO. R2001-244 P. SECOND AMENDMENT FOR AN EXTENSION OF TIME - EXTENSION OF WASTEWATER SERVICE - TAMARAC LAKES SECTION 1: (TR9498) Accepting and executing a second amendment for an extension of time of the agreement between Broward County and the City of Tamarac regarding $210,000 Community Development Block Grant Funds from the United States Department of Housing and Urban Development's 251h Year Funding for the Extension of Wastewater Service to Tamarac Lakes Section 1. RESOLUTION NO. R2001-245 q. AGREEMENT - MCNAB ROAD PARK PROJECT: (TR9494) Executing an agreement between the Florida Department of Environmental Protection and the City of Tamarac September 12, 2001 5 for grant funding in the amount of $175,000 with a city cash match of $175,000 for a total project cost of $350,000 from the Florida Recreation Development Assistance Program (FRDAP) to provide the residents and visitors of Tamarac enhanced parks and recreation programs at the McNab Road Park; amending the grants fund budget. RESOLUTION NO. R2001-246 r. ADDENDUM TO AGREEMENT - MCNAB PARK: (TR9507) Accepting a Grant Award in the amount of $257,780 from the Florida Communities Trust; executing an addendum to the Conceptual Approval Agreement between the City of Tamarac and the Florida Communities Trust. RESOLUTION NO. R2001-247 S. COMMERCIAL BOULEVARD INTERCHANGE IMPROVEMENT: (TR9497) Supporting a southbound ramp from Commercial Boulevard to the Florida Turnpike and urging the State of Florida Department of Transportation (FDOT) to proceed with the Commercial Boulevard interchange improvement; authorizing the City Clerk to transmit copies of this Resolution; Case No. 28-MI-01. RESOLUTION NO. R2001-248 t. HAND HELD MOBILE TELEPHONES: (TR9496) Supporting the adoption of a countywide ordinance or statewide legislation regulating the use of hand held mobile telephones while operating motor vehicles; communicating the City Commission's endorsement of legislation on either a countywide or statewide basis to the Broward County League of Cities, the Broward County Legislative Delegation, the chairperson of the Broward County Commission, the governor, and the Florida League of Cities. RESOLUTION NO. R2001-249 U. AGREEMENT - MOTOR VEHICLE THEFT PREVENTION: (TR9502) Executing an agreement between the State of Florida Office of the Attorney General Florida Motor Vehicle Theft Prevention Authority and the City providing $13,960 in funds for year two of the Florida Motor Vehicle Theft Prevention Authority grant; amending the Grants Fund Budget. RESOLUTION NO. R2001-250 V. ALL SERVICE REFUSE SOLID WASTE MONTHLY RATE INCREASE: (TR9511) Authorizing a rate increase in single-family solid waste collection services monthly rate from $15.57 to $16.36, effective October 1, 2001; authorizing an increase in the purchase price of city logo bags from $1.22 to $1.29, effective October 1, 2001. RESOLUTION NO. R2001-251 W. SOUTHERN SANITATION MULTI -FAMILY SOLID WASTE RATE INCREASE: (TR9512) Authorizing a tipping fee increase of $0.154 per cubic yard and a consumer price index increase of 3.27% for residential multi -family solid waste collection services effective October 1, 2001. RESOLUTION NO. R2001-252 X. INTERLOCAL AGREEMENT 6T" AMENDMENT: (TR9513) Executing a sixth amendment to the Interlocal Agreement with Broward County for solid waste disposal to receive bond interest savings. RESOLUTION NO. R2001-253 September 12, 2001 6 Y. APPOINTING ASSISTANT CITY MANAGER: (TR9516) Appointing Michael Cernech as Assistant City Manager. RESOLUTION NO. R2001-254 END OF CONSENT AGENDA REGULAR AGENDA PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES -- SECOND READINGS 9. AMENDING THE TAMARAC CHARTER ARTICLE V SECTIONS 5.04 AND 5.05: (TO1934) Motion to adopt Ordinance on second 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 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 Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2001-15 ASI-JUDICIAL HEARINGS 10. AMENDING PRIOR ZONING OF CERTAIN REAL ESTATE PROPERTY FROM B-6 (BUSINESS DISTRICT) TO B-2 (COMMUNITY BUSINESS DISTRICT): (TO1935) Motion to adopt Ordinance on second 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 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 second reading by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures and Chris McCray, waived his quasi- judicial rights. Julius Hochman, 2541 Paragon Boulevard, Sunrise, FL, owner, waived his quasi-judicial rights. Vice Mayor Sultanof seconded by Commissioner Roberts moved to table this item in light of the 57'h Street Main Street discussion held the other day. On roll call Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. TABLED September 12, 2001 7 Commissioner Partner asked if the new Assistant City Manager is here, and City Manager Miller said he is still in Texas. 11. SPECIAL EXCEPTION - YBR PROPERTIES,_ INC.: (TR9466) Motion to approve Resolution granting a Special Exception to allow the operation of a commercial photography - graphics office using digital imaging in a B-1 (Neighborhood Business District) zoning category to YBR Properties, Inc., located at 8225 West Commercial Boulevard, specifically Lot 3, Block 7 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida; Case No. 6-Z-00; providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9466 by title. Vice Mayor Sultanof seconded by Commissioner Portner moved approval. Mr. Hochman asked to speak on the previous item. Mr. Hochman said he does not think what the Commission did is right, tabling his item. He presently has a buyer for the property and plans are drawn up. Mayor Schreiber said the Commission decided they are not ready at this time to change the zoning, as the area is changing, and the Commission is concerned about how the area will be developed. City Attorney Kraft explained the quasi-judicial proceedings for Temporary Resolution 9466, and Jean Cascio, Attorney for YBR Properties and Carmelo Cunsolo, owner, waived their quasi-judicial rights. Community Development Director King gave a presentation. Commissioner Roberts moved to table this item to make sure landscaping plans are in compliance with the area. Ms. Cascio said her client has worked with Community Development for over a year and this project has been reviewed thoroughly and the plans are within the requirements for the zoning. There have been agreements with the neighboring property regarding required ingress/egress easements, which took a long time to complete. Her client relied on this and expended substantial amounts of money on this project. Community Development Director King explained the reason Commissioner Roberts requested tabling the item is to make sure the plans are consistent with the 57th Street architectural changes. Mayor Schreiber said this item should be tabled to a time certain. Commissioner Portner said he did not see this property on the corridor study, and he wants to make sure they comply with what the Mayor and City Commission want for this area. Community Development Director King said staff recommended approval of the project. Mayor Schreiber asked if conditions for the special exception could be added to the resolution, and Community Development Director King said the recommendation for approval of the site plan is subject to consistency with the NW 57" Street Main Street Program, once implemented and adopted by the Commission. Vice Mayor Sultanof said plans have already been submitted for lighting and landscaping of the hotel, and said when YBR does their lighting it will fall into conformity. If this is put in writing then we are going in the right direction, and YBR will have to agree to coordinate with Comfort Suites. City Attorney Kraft said there is no second on the motion to table, and asked if the Commission would like to move forward with the presentation. City Manager Miller said as Community Development has been working on the 57th Street study, they are looking at the kinds of criteria we want to have in place on these projects, such as median design, tile, landscaping, light fixtures, etc. This developer has cooperated fully with staff and complied with the criteria. City Manager Miller suggested September 12, 2001 8 moving forward with the presentation and if the Commission still has concerns, then table the item. Commissioner Portner asked if the developer was aware of the 571h Street Corridor Study, and Community Development Director King said they were not, as staff did not begin work on the project until they had the final draft from the consultant. As directed by the Mayor and City Commission, staff is now moving forward to provide a time frame, cost, and architectural standards for the area. The Planning Board had reviewed the applicant's petition before the consultant's information was presented to the City. Mayor Schreiber asked if there was any problem with granting the special exception, and Community Development Director King said there is no problem as this is in the mixed -use area. City Attorney Kraft said the corridor study was presented to the Commission recently, and this project was far along before the study started. The Commission needs to be aware of the timing. The Commission has not adopted any land development regulations for the corridor study, and we are far away from adopting those. City Attorney Kraft asked the Commission to realize that development moves along, and zoning in progress is a viable concern. If a project is so far along when something new happens, we cannot do anything to change the project. We are not at the point of adopting the regulations, and it is hard to use a corridor study to delay a project so far along in the process. After much discussion, Ms. Cascio agreed to table the item for two weeks in order for Community Development to review the plans. Community Development Director King said he would try to get a mutual agreement between both parties, which he feels can be done before the next Commission meeting. Commissioner Portner seconded by Vice Mayor Sultanof moved to table Temporary Resolution 9466 to the September 26, 2001 Regular Commission meeting at or after 9:00 a.m. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". TABLED TO THE SEPTEMBER 26, 2001 MEETING AT OR AFTER 9:00 A.M. 12. REVISED DEVELOPMENT ORDER AND SITE PLAN APPROVAL - LYONS COMMERCIAL SUBDIVISION: (TR9474) Motion to approve Resolution issuing Revised Development Order No. 198.4 and granting New Development Site Plan approval to YBR Properties, Inc. to allow the construction of a 6,525 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow for the provision of a total of twenty-eight (28) spaces (including twenty-six (26) spaces at 9' x 18' and two (2) handicapped spaces), where a total of thirty-three (33) spaces (including thirty-one (31) spaces at 10' x 18' and two (2) handicapped spaces) would be required, generally located on the north side of Commercial Boulevard between NW 82 Avenue and NW 84 Terrace, specifically Block 7, Lot 3 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida; Case No. 7-SP-00; providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9474 by title. Vice Mayor Sultanof seconded by Commissioner Mishkin moved approval. Commissioner Portner seconded by Commissioner Roberts moved to table Temporary Resolution 9474 to the September 26, 2001 Regular Commission meeting at or after 9:00 a.m. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. TABLED TO THE SEPTEMBER 26, 2001 MEETING AT OR AFTER 9:00 A.M. September 12, 2001 9 13. SPECIAL EXCEPTION - ROYAL GOLF CLUB TOWN HOMES: (TR9457) 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 Royal Golf Club Town Homes generally located on the south side of Lagos de Campo Boulevard, west of NW 84 Terrace; specifically a portion of Parcels "A" and "R" of the "Wedges of Tamarac" Plat, according to the Plat thereof as recorded in Plat Book 81, Page 23 of the Public Records of Broward County, Florida; Case No. 4-Z-01; providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9457 by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi- judicial procedures and Lawrence Kramer, Southeast Architectural Services, waived his quasi- judicial rights. City Attorney Kraft read Temporary Resolution 9459 by title. Commissioner Portner seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures and Lawrence Kramer, Southeast Architectural Services, waived his quasi-judicial rights. Community Development Director King gave a presentation on Temporary Resolutions 9457 and 9459. Mayor Schreiber asked what is permitted in an R4-A zone, and Community Development Director King said up to 15 units to an acre. There was discussion about revising the code to allow for multi structures, and Community Development Director King said it would be revised. Mayor Schreiber opened the public hearing and with no one wishing to speak on either item, closed the public hearing. On roll call for Temporary Resolution 9457, Vice Mayor Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-255 14. DEVELOPMENT ORDER AND SITE PLAN APPROVAL - ROYAL GOLF CLUB TOWN HOMES: (TR9459) Motion to approve Resolution issuing Development Order No. 320 and granting New Development Site Plan approval to Royal Golf Club Town Homes to allow the construction of a twenty (20) unit town home project with associated parking, landscaping, recreation area and infrastructure improvements, generally located on the south side of Lagos de Campo Boulevard, west of NW 84 Terrace, specifically a portion of Parcels "A" and "R" of the "Wedges of Tamarac" Plat, according to the Plat thereof as recorded in Plat Book 81, Page 23 of the Public Records of Broward County, Florida; Case No. 4-SP-01; providing for conditions of approval. On roll call for Temporary Resolution 9459, Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-256 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the meeting at 8:20 p.m. 60XSCAFtEIBER, MAYOR MARION SW SON, CMC, CITY CLERK CITY OF T AC kPPRaVED AT ME1:= 01= September 12, 2001 10 1-1, 'J