The URL can be used to link to this page

Home My WebLink About2000-09-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, SEPTEMBER 27, 2000 CALL TO ORDER: Mayor Schreiber called the Regular City Commission meeting to order at 9:00 A.M. on Wednesday, September 27, 2000 in Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. ROLL CALL: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, and Commissioner Marc L. Sultanof. ABSENT AND EXCUSED FOR CAUSE: Commissioner Larry Mishkin. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. Mayor Schreiber called for the pledge of allegiance. 1. PRESENTATION by Mayor Schreiber of a proclamation commending and congratulating City of Tamarac Staff for their efforts on behalf of the Tamarac Community Center and the residents of the City of Tamarac. Parks and Recreation Director Kathleen Margoles accepted, introduced Special Events Coordinator Charlene Nevadomski, Parks Superintendent Lance Moll, Recreation Superintendent Greg Warner, and thanked the Mayor, Commissioners, City staff and residents for their assistance in the project. 2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming the week of October 9 - 13 , 2000 as National School Lunch Week. School Board Member Stephanie Kraft accepted. 3. PUBLIC PARTICIPATION: Burton Schneider, 8016 NW 72 Street, Tamarac, spoke about rescheduling the second Commission meeting of each month to the evening. 4. City Commission: Commissioner Sultanof said it is great to see the Community Center open, and the proclamation was duly awarded. Commissioner Sultanof wished everyone a happy holiday and good health, and thanked everyone for attending the meeting. Commissioner Portner thanked everyone for the grand opening of the Community Center, and said the outpouring of the community shows how much everyone will enjoy this facility. Vice Mayor Roberts had no report. Mayor Schreiber wished everyone a happy New Year. Mayor Schreiber said the grand opening of the Community Center was a tremendously successful and beautiful event, and thanked everyone for their support. September 27, 2000 Regular City Commission Meeting 1 5. City Attorney: City Attorney Kraft had no report. 6. City Manager: City Manager Miller announced the groundbreaking ceremony for City Furniture, to be held at 11:30 a.m. today at Tamarac Commerce Park. Thursday evening at the Multi -Purpose Center, staff will host a discussion on the McNab Road Park Grant. The Parks and Recreation Department will host the Junior Orange Bowl Pageant at the new Community Center on October 7 at 7:00 p.m., and applications are available for the Turkey Trot, the traditional Tamarac 5K race, to be held on Thanksgiving morning. City Manager Miller congratulated Fire Chief Budzinski on his reelection for a second term as president and chairman of the Broward County Fire Chiefs' Association. CONSENT AGENDA 7. Commissioner Portner, seconded by Commissioner Sultanof, moved to table Item 7(r) on the consent agenda to the regular City Commission meeting of October 11, 2000. On roll call Commissioner Portner voted "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. Vice Mayor Roberts seconded by Commissioner Sultanof moved to approve all items on the consent agenda except Item 7(r), which was tabled to October 11, 2000. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the September 11, 2000 Special Commission meeting. APPROVED b. APPROVE the minutes of the September 13, 2000 Commission meeting. APPROVED C. APPROVE the minutes of the September 15, 2000 Special Commission meeting. APPROVED d. PURCHASE OF CHLORINE FOR WATER TREATMENT PLANT: (TR9094) Approving the purchase of chlorine from Allied Universal Corporation utilizing the Broward County Governmental Purchasing Group Bid 00-C-054F, "Chlorine" for a total cost for FY01 not to exceed $40,000 with funding from the appropriate Utilities Operational Account. RESOLUTION NO. R2000-246 e. CDBG SEWER EXTENSION CONTRACT AMENDMENT: (TR9136) Accepting and executing an Amendment for an extension of time to 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 25th Year Funding for the Extension of Wastewater Service to Tamarac Lakes Section 1. RESOLUTION NO. R2000-247 f. GRANT APPLICATION TO THE FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM: (TR9148) Executing the Florida Recreation Development Assistance Program (FRDAP) grant application to September 27, 2000 Regular City Commission Meeting 2 the Florida Department of Environmental Protection in the amount of $175,000 for a total project cost of $350,000 in order to provide the residents and visitors enhanced parks and recreation programs at McNab Park; authorizing the City cash match of $175,000 to be allocated from the Grants Matching Account. RESOLUTION NO. R2000-248 g. BROWARD COUNTY LOCAL MITIGATION STRATEGY: (TR9149) Adopting the Broward County Local Mitigation Strategy. RESOLUTION NO. R2000-249 h. RELEASE WARRANTY BOND - PAVING AND DRAINAGE - 6401 WEST COMMERCIAL BLVD: (TR9129) Releasing Warranty Bond #115000899 in the amount of $6,120.43 posted for the paving and drainage for Walgreens located at 6401 West Commercial Blvd. RESOLUTION NO. R2000-250 i. LAND SECTION 6 PHASE 1 WARRANTY BOND RELEASE: (TR8615) Releasing a Public Improvement Warranty Bond in the form of a Surety Bond #5912074 from Safeco Insurance Company of America, in the amount of $143,779.88 for the Water Distribution and Sewage Collection System Improvements installed by Pulte Home Corporation for the Land Section 6 Phase 1 Project located between McNab Road and Southgate Boulevard west of NW 108t" Terrace. RESOLUTION NO. R2000-251 j. LAND SECTION 6 PHASE 2 WARRANTY BOND RELEASE: (TR8616) Releasing a Public Improvement Warranty Bond in the form of a Surety Bond # 5912075 from Safeco Insurance Company of America, in the amount of $55,903.88 for the Water Distribution and Sewage Collection System Improvements installed by Pulte Home Corporation, for the Land Section 6 Phase 2 Project located between McNab Road and Southgate Boulevard west of NW 108t" Terrace. RESOLUTION NO. R2000-252 k. WAIVER OF FEES TO THE TAMARAC BULLDOGS - HALLOWEEN HAUNTED HOUSE: (TR9107) Granting a waiver of fees to the Tamarac Bulldogs - A Special Needs, Organization, Inc., for a Halloween Haunted House from October 1, 2000 through October 31, 2000; located on the southwest corner of NW 64 Street and University Drive; providing that such approval is contingent upon the execution of Hold Harmless Agreements and obtaining the required permits; providing all State inspections are obtained; providing for waiver of all applicable fees; Case No. 20-MI-00; providing for conditions of approval. RESOLUTION NO. R2000-263 I. AGREEMENT - WHITE WILLIS THEATRE, INC.: (TR9127) Executing an agreement between White Willis Theatre, Inc. and the City of Tamarac to compensate White Willis Theatre, Inc., in an amount not to exceed $13,000 for the service of providing instructors for 288 hours of class instruction and technical assistance for three performances to fulfill the City of Tamarac's Broward Cultural Affairs Council Community Arts & Education Grant, RESOLUTION NO. R2000-254 m. AGREEMENT - BANYAN LAKES HOMEOWNER'S ASSOCIATION: (TR9119) Executing an agreement with Banyan Lakes Homeowners September 27, 2000 Regular City Commission Meeting 3 Association, Inc., for the City of Tamarac through the Broward County Sheriffs Office to exercise jurisdictional authority for traffic control and enforcement within the property of the Banyan Lakes Homeowners Association, Inc. RESOLUTION NO. R2000-256 n. NEXTEL COMMUNICATIONS TOWER SITE LEASE AGREEMENT: (TR9089) Executing an agreement with Nextel Communications for the installation of a telecommunications tower, antenna and associated equipment; authorizing the appropriate City Officials to sign all necessary permit applications on behalf of the City as owner. RESOLUTION NO. R2000-256 o. EMERGENCY RESPONSE VEHICLE RADIO HEADSET INTERCOM SYSTEM: (TR9105) Authorizing the award of RFP 00-20R "Emergency Response Vehicle Radio Headset Intercom System" to Communications International, Inc., in an amount not to exceed $26,882.50. RESOLUTION NO. R2000-257 P. ACCEPTING A BROWARD COUNTY EMERGENCY MANAGEMENT GRANT: (TR9134) Accepting a grant from the United States Department of Justice, through Broward County, Florida, A Political Subdivision of the State of Florida, for a grant of equipment and training related to weapons of mass destruction. RESOLUTION NO. R2000-268 q. AWARDING BID FOR RESTROOM RENOVATION AT FIRE STATION # 1: (TR9135) Awarding Bid #00-23B to John Luther, Inc., for restroom renovation to the Fire Station located at 7501 NW 88t" Avenue, Tamarac, Florida, at a cost not to exceed $47,450; authorizing the appropriate City Officials to execute an agreement with John Luther, Inc., for Bid #00-23B. RESOLUTION NO. R2000-259 r. VACATION OF EASEMENT TO ABANDON EXISTING INGRESS -EGRESS EASEMENT AT THE SOUTHWEST CORNER OF WALGREENS: (TR9144) Motion to adopt resolution granting a Vacation of Easement to abandon the existing ingress -egress easement at the southwest corner of the Walgreens site located at the northwest corner of Pine Island Road and Commercial Boulevard; specifically a portion of Lots 1 and 2, Block 9 of the "Lyons Commercial Subdivision Unit No. 2" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida; Case No. 7-P-00. TABLED TO THE REGULAR CITY COMMISSION MEETING-OCTOBER 11, 2000 A Ii, TBIGI-&ON`R14 - L, k L Commissioner Portner seconded by Vice Mayor Roberts moved to table Items 16 and 17 to the Regular City Commission meeting of November 8, 2000. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. 1 September 27, 2000 Regular City Commission Meeting 4 8. AMENDING THE SHIP FUND BUDGET: (T01912) Motion to adopt Ordinance on first reading amending the SHIP Fund Budget of estimated revenues and expenditures by accepting an additional allocation of $146,967 of the State of Florida's State Housing Initiatives Partnership (SHIP) Program Funds for Fiscal Year 2000-2001 thereby increasing the funding for the Fiscal Year 2000-2001 to $572,579 to be utilized according to the City's Local Housing Assistance Plan and Housing Delivery Goals Chart; authorizing the appropriate City Officials to appropriate said funds including any and all subsequent budgetary transfers; Case No. 12-MI-00. City Attorney Kraft read Temporary Ordinance 1912 on first reading by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. On roll call Commissioner Sultanof voted "yes", Commissioner Portner "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. APPROVED FIRST READING 9. CHAPTER 2, CODE ENFORCEMENT BOARD, AMENDING CHAPTER 2 OF THE TAMARAC CODE "ESTABLISHING FINE AND LIEN": (TO1906) Motion to adopt Ordinance on first reading amending Chapter 2 of the Tamarac Code entitled, "Administration", Article III. "Boards, Committees, Commissions", Division 2. "Code Enforcement Board", Section 2-73.07, "Establishing Fine and Lien", authorizing the Code Enforcement Board and Special Master to impose fines in excess of statutory limits, establishing criteria for determining the amount of fine and authorizing the imposition of additional fines to cover all costs or repairs; providing for amendments consistent with statutory revisions. City Attorney Kraft read Temporary Ordinance 1906 on first reading by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. City Attorney Kraft said under Florida Statutes, this Ordinance requires a majority plus one to pass. On roll call Commissioner Sultanof voted "yes", Commissioner Partner "yes", Vice Mayor Roberts "no", and Mayor Schreiber "yes". Motion failed. MOTION FAILED 10. AMENDMENT TO THE LAND USE ELEMENT OF THE CITY COMPREHENSIVE PLAN: (TO1896) Motion to adopt Ordinance on second reading adopting an Amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3187 of the Florida Statutes; concerning a Land Use Plan Amendment proposal by New Urban Communities Corporation to change the future land use designation of land described as Parcel "A" of the "Woodmont Gardens" Plat, according to the Plat thereof as recorded in Plat Book 135, Page 38 of the Public Records of Broward County, Florida, from low (0-5) residential to medium (10-16) residential, through allocation of fifty-five (55) flexibility units to allow for the construction of ninety-four (94) townhouse units; encompassing approximately seven (7) acres; providing for Amendment to the Land Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance 1896, Revision #1 on second reading by title. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval. Mayor Schreiber opened the public hearing. Burton Schneider, 8016 NW 72 Street, Tamarac, asked how this varies from the original request. Community Development Director King said there is no difference. Alan Gabriel, Esq., representing the Petitioner, Southgate Village, thanked the Commission for their support. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call September 27, 2000 Regular City Commission Meeting 5 Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Partner "yes", and Mayor Schreiber "yes'. Motion carried. ORDINANCE NO. 0-2000-27 11. CONSERVATION ELEMENT AMENDMENT TO COMPREHENSIVE PLAN: (TO1907) Motion to adopt ordinance on second reading adopting amendments to the Recreation and Open Space and Conservation Elements of the City of Tamarac Comprehensive Plan in accordance with Chapter 163, Subsection 163.3177(6)(a) of the Florida Statutes concerning text amendments relating to additional protection and restoration of wetland and natural resource areas and coordinated efforts to provide additional outdoor recreation areas. City Attorney Kraft read Temporary Ordinance 1907, Revision #1 on second reading by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Portner "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2000-28 12. AWARD FROM THE FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY: (TO1911) Motion to adopt Ordinance on second reading accepting a grant award in the amount of $14,410 and executing an agreement between the State of Florida Office of the Attorney General Florida Motor Vehicle Theft Prevention Authority; amending the grants fund budget. City Attorney Kraft read Temporary Ordinance 1911 on second reading by title. Commissioner Portner seconded by Vice Mayor Roberts moved approval. Mayor Schreiber opened the public hearing, and with no one wishing to speak closed the public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2000-29 QUASI-JUDICIAL HEARINGS 13. REVISED DEVELOPMENT ORDER NO. 315.1 AND NEW DEVELOPMENT SITE PLAN APPROVAL TO THE WESTPOINT DISTRIBUTION CENTRE I: (TR9143) Motion to adopt resolution issuing Revised Development Order No. 315.1 and granting New Development Site Plan approval to the Westpoint Distribution Centre I to allow the construction of a 107,800 square foot warehouse building with associated parking, landscaping and infrastructure improvements, located at 5607 Hiatus Road (Westpoint Centre) in the Tamarac Commerce Park; specifically a portion of Tract "B" of the "Westpoint Section 7" Plat, according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida; Case No. 32-SP-00; providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9143 by title. City Attorney Kraft explained the quasi- judicial process and Ben Wakefield, Higgins Development Partners, waived his quasi-judicial rights on behalf of the Petitioner, Westpoint Distribution Centre. Community Development Director King gave a presentation. Commissioner Sultanof asked what type business the building would hold, and Mr. Wakefield said it is a spec warehouse, and is able to house one to seven tenants. Commissioner September 27, 2000 Regular City Commission Meeting 6 Sultanof asked about the distance between this project and Sonny's, and Mr. Wakefield said between 160-180 feet. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-260 14. REVISED DEVELOPMENT ORDER NO. 315.2 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL TO CONVERGYS: (TR9142) Motion to adopt resolution issuing Revised Development Order No. 315.2 and granting new Development Site Plan approval to Convergys to allow the construction of a 100,000 square foot, two-story office building with associated parking, landscaping, and infrastructure improvements, and the construction of a loop road to serve the Westpoint Development of Regional Impact (DRI), located at 5601 Hiatus Road (Westpoint Centre) in the Tamarac Commerce Park; specifically a portion of Tract "B" and all of tract "C" of the "Westpoint Section 7" Plat, according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida; Case No. 31-SP-00; providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9142 by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. City Attorney Kraft explained the quasi- judicial process and Ben Wakefield, Higgins Development Partners, waived his quasi-judicial rights on behalf of the Petitioner. Community Development Director King gave a presentation. Mayor Schreiber opened the public hearing. Burton Schneider, 8016 NW 72 Street, Tamarac, spoke about traffic associated with the project. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Portner "Yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-261 15. SPECIAL EXCEPTION - MAMMA LUCIA RESTAURANT: (TR9106) Motion to adopt resolution granting a Special Exception to allow the on -site consumption of alcoholic beverages (including the sale of beer and wine) as an accessory use to a proposed restaurant in a B-1 (Neighborhood Business District) zoning category to Mamma Lucia Restaurant, located at 8695 West McNab Road (Colony West Shopping Center); specifically Parcel "B" of the "Colony West Shopping Plaza" Plat, according to the Plat thereof as recorded in Plat Book 84, Page 25 of the Public Records of Broward County, Florida; Case No. 9-Z-00. City Attorney Kraft read Temporary Resolution 9106 by title. City Attorney Kraft explained the quasi-judicial process. The petitioner was not present. Commissioner Portner asked if the special exception was transferable to the new owners, and Community Development Director King said the alcoholic beverage exception is not transferable. Mayor Schreiber asked about exposure to the City if the item passes without the petitioner present. City Attorney Kraft responded. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-262 September 27, 2000 Regular City Commission Meeting 7 16. SPECIAL EXCEPTION - RACE TRAC GAS STATION: (TR9034) Motion to adopt resolution denying the Special Exception to allow the operation of a Gas Station with a Convenience Store as an accessory use in a B-2 (Community Business District) zoning category to RaceTrac Gas Station, located at the east side of University Drive, north of Brookwood Boulevard; Specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; Case No. 9-Z-99. TABLED TO NOVEMBER 8, 2000 AT OR AFTER 7:00 P.M. 17. NEW DEVELOPMENT SITE PLAN — RACE TRAC GAS STATION: (TR9032) Motion to adopt resolution denying New Development Site Plan Approval to RaceTrac Gas Station for the construction of a 3,952 square foot gas station with a convenience store with fuel islands and associated parking, located at the east side of University Drive, north of Brookwood Boulevard; specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; Case No. 29-SP-99. TABLED TO NOVEMBER 8, 2000 AT OR AFTER 7:00 P.M. There being no further business to come before the City Commission, Mayor Schreiber adjourned the Regular Meeting of the City Commission at 9:50 a.m. �2 t--� MARION SWENSON, CMC CITY CLERK OE SCHREIBER, MAYO CITY OF ,. ,,,O ► AT WILEMIG OF September 27, 2000 Regular City Commission Meeting 8 1 1 1.1