HomeMy WebLinkAbout2001-09-26 - City Commission Regular Meeting Minutes1
CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY SEPTEMBER 26, 2001
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:00 a.m. on Wednesday, September 26, 2001, in Chambers, at Tamarac
City Hall, 7525 NW 88th 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.
PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance.
1. LEGISLATIVE BRIEFING by Representative Nan Rich. Mayor Schreiber moved
out of the regular order of business to take up item #2.
2. PRESENTATION by Mayor Schreiber of Employee Service Awards to David
Cake, Chief Electrical Inspector, 5 years; John Engwiller, Landscape Supervisor, 5
years; Rosemary E. Fisher, Administrative Coordinator, 5 years; Scott R. Anderson,
Utility Service Worker I, 15 years; Joseph Hughes III, Construction Superintendent, 15
years; Leslie S. Rinard, Mechanic 111, 15 years; Randy E. Correll, Driver Engineer 1, 20
years; Glenwood Kelly, Equipment Operator 11, 20 years; and Paul Kelly, Firefighter 1,
20 years.
3. PRESENTATION by Mayor Schreiber of a proclamation proclaiming the week of
October 7-13, 2001 "Fire Prevention Week". Fire Chief Budzinski accepted and turned
the award over to Van Schoen, Public Education Specialist. Fire Chief Budzinski
invited everyone to the Fire Department's open house on October 13th from 10:00 a.m.
— 2:00 p.m.
3(a). PRESENTATION by Mayor Schreiber of a proclamation proclaiming October 6-
7, 2001 as "Pioneer Days". Commissioner Portner accepted on behalf of John
McKaye, Tamarac's Pioneer.
4. BUDGET AWARD PRESENTATION by Terry Sharp, Assistant Finance Director,
City of Fort Lauderdale to City of Tamarac Finance Department. Mr. Sharp said
Tamarac met the highest standards for presenting its annual budget. Mayor Schreiber
accepted and said Tamarac is a quality City and sets the standard for Broward County
and the State of Florida. Finance Director Lange acknowledged the Finance staff for
their work on the budget.
September 26, 2001
1
5. PUBLIC PARTICIPATION: Marc Garr, 9496 S Belfort Circle/7614 NW 99
Terrace, spoke about raises for BSO officers and illegal dumping. Commissioner
Portner praised Code Enforcement on their work, Victor Cameron, 7006 NW 81 Street,
spoke about damage caused by Ficus trees. City Manager Miller said he would put Mr.
Cameron in contact with the landscaping crew from Public Works. Peter lerardi, 8842
W McNab Road, spoke about the tragedy and horror in New York City, and asked
everyone to wear red, white and blue and fly the flag.
REPORTS
6. City Commission: Commissioner Mishkin had no report.
Vice Mayor Sultanof said there is no question that the people of the United States are
suffering and grief stricken, and said not wearing a red, white and blue ribbon is not a
detriment. The country is in shock and people are doing a great job of pulling together,
and he is proud of the citizens. Vice Mayor Sultanof applauded Mr. lerardi for
participating in the recovery effort.
Commissioner Portner said the past 15 days have been the most traumatic in the
country since World War II. Commissioner Portner asked everyone to fill the bowl he
brought with him with $1.00 bills for the firefighters and police, and there would be a
match of up to $25,000. Commissioner Portner said he would like to see everyone's
participation and support in this effort.
Commissioner Roberts congratulated all the employees who received awards this
morning, and commended them on their hard work and dedicated service.
Commissioner Roberts said she has collected over 4,000 tennis balls and is halfway to
her goal. Additionally, two schools called her to be added to the list. Commissioner
Roberts wished her daughter Melanie a happy birthday.
Mayor Schreiber commended Commissioner Portner on his effort to raise money, and
added that the City's charity organization is the United Way.
7. City Attorney: City Attorney Kraft acknowledged Vanessa T. Steinerts, Assistant
City Attorney, who has worked for the City in excess of 5 years. Ms. Steinerts began
her tenure with the City as a part-time law clerk.
8. City Manager: City Manager Miller congratulated the employees who received
service awards, and congratulated the Finance Department on their award and said the
Budget Staff has done an outstanding job. City Manager Miller said the United Way is
the official charity for the City of Tamarac, supported by employees, and Tamarac is
one of the biggest contributors to the United Way of a city this size. City Manager Miller
introduced Utilities Director Gagnon, this year's United Way Coordinator for the City of
Tamarac. Utilities Director Gagnon gave a presentation on United Way and said the
September 11th Fund is part of the United Way drive this year, and to date this fund has
received over $110 million in contributions, which does not include the $150 million
raised during last week's telethon. Utilities Director Gagnon added that there will be no
administration costs incurred by the September 11 Fund.
September 26, 2001
2
received over $110 million in contributions, which does not include the $150 million
raised during last week's telethon. Utilities Director Gagnon added that there will be no
administration costs incurred by the September 11 Fund.
CONSENT AGENDA
9. Vice Mayor Sultanof seconded by Commissioner Partner moved approval of all
items on the consent agenda. On roll call Vice Mayor Sultanof voted "yes",
Commissioner Portner "yes", Commissioner Mishkin "yes", Commissioner Roberts
"yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the September 6, 2001 Special Commission meeting.
APPROVED
b. APPROVE the minutes of the September 10, 2001 Special Commission
meeting.
APPROVED
C. APPROVE the minutes of the September 12, 2001 Special Commission
meeting.
APPROVED
d. APPROVE the minutes of the September 12, 2001 Regular Commission
meeting.
APPROVED
e. AGREEMENT - SCHOOL CROSSING GUARD SERVICES: (TR9489)
Renewing the 1999 School Crossing Guard Services Contract between the City
of Tamarac and Oasis Staffing/King Companies Corporation for an additional 30
days, through October 31, 2001.
RESOLUTION NO. R2001-257
f. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT —
WALGREENS: (TR9509) Accepting and executing a Blanket Public Safety
Ingress/Egress Easement with Elias Properties Tamarac, L.L.C., for the
Walgreen's Project, located on the northwest corner of Commercial Boulevard
and Pine Island 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. R2001-258
g. PERFORMANCE BOND RELEASE -- WALGREENS: (TR9510) Releasing a
Public Improvement Performance Bond in the form of Surety Bond
#LPM4122846 from Fidelity and Deposit Company of Maryland in the amount of
$63,975.00, subject to the receipt of Warranty Bond in the amount of $15,993.75
for the water distribution and sewage collection system improvements installed
for the Walgreen's Project located on the northwest corner of Commercial
Boulevard and Pine Island Road.
RESOLUTION NO. R2001-259
September 26, 2001
3
h. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS
AGREEMENT — CHALLENGER ELEMENTARY SCHOOL: (TR9514) Accepting
and executing a Utility Easement Encroachment and Hold Harmless Agreement
with the School Board of Broward County, Florida, for curbing and structures
constructed within utility easements on the Elementary School Project site,
located at 5703 NW 94 Ave.; authorizing the City Clerk to record said document
in the public records of Broward County.
RESOLUTION NO. R2001-260
i. AMENDING THE ANNUAL BUDGET OF ESTIMATED REVENUES AND
EXPENDITURES FOR FY2001: (TR9478) Amending the annual budget of
estimated revenues and expenditures of the General Fund and the Capital
Construction Fund for Fiscal Year 2001.
RESOLUTION NO. R2001-261
j. INVESTMENT POLICY: (TR9538) Authorizing a change to the investment policy
of the City of Tamarac, to comply with Florida Statute 218.415, Subsections (1)-
(16).
RESOLUTION NO. R2001-262
k. HARDWARE MAINTENANCE AGREEMENT WITH MIDRANGE SUPPORT
AND SERVICE, INC., FOR IBM AS400 EQUIPMENT: (TR9491) Executing a
hardware maintenance agreement with Midrange Support and Service, Inc., for
IBM AS400 equipment for the 9406-820.
RESOLUTION NO. R2001-263
I. HARDWARE MAINTENANCE AGREEMENT WITH MIDRANGE SUPPORT
AND SERVICE, INC., FOR IBM AS400 EQUIPMENT (TR9499) Executing an
agreement between the City of Tamarac and Avnet Computer Marketing for IBM
AS400 equipment for the 9406-270 hardware maintenance at a total cost of
$8,526.69.
RESOLUTION NO. R2001-264
M. AGREEMENT - GARDEN OF LOVE NURSERY: (TR9501) Executing a contract
between the City of Tamarac and Garden of Love Nursery of South Florida, Inc.,
as successful bidders of RFQ #01-19B for lot cutting and related services
beginning October 1, 2001 and ending September 30, 2002; providing for the
option of two (2) one-year renewal periods; Case No. 29-MI-01.
RESOLUTION NO. R2001-265
n. AGREEMENT - WOODLAND PLACE HOMEOWNERS' ASSOCIATION INC.:
(TR9520) Executing an agreement with Woodland Place Homeowners'
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 Woodland Place Homeowners' Association, Inc.
RESOLUTION NO. R2001-266
o. BARGAINING PAY PLAN ADJUSTMENTS: (TR9534) Authorizing a three
percent (3%) adjustment to the minimum and a three percent (3%) adjustment to
the maximum of the pay ranges in the Bargaining Unit Pay Plan.
RESOLUTION NO. R2001-267
September 26, 2001
4
P. FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE RENEWAL:
(TR9523) Renewing property, general liability, automobile liability, auto physical
damage liability and workers' compensation lines of coverage with the Florida
Municipal Insurance Trust with an effective policy date of October 1, 2001.
RESOLUTION NO. R2001-268
q. HOLD HARMLESS AGREEMENT — UNIVERSITY HOSPITAL & MEDICAL
CENTER: (TR9515) Executing a hold harmless agreement between the City of
Tamarac and University Hospital & Medical Center relating to University Hospital
M & Medical Center donating and administering eight hundred (800) free flu shots
to Tamarac residents and city employees at the Tamarac Community Center on
Tuesday, October 9, 2001.
RESOLUTION NO. R2001-269
r. URBAN FORESTRY GRANT: (TR9536) Authorizing an application to the
Department of Agriculture and Consumer Affairs for a 2001 Urban Forestry Grant
in the amount of $10,000; providing for a cash match of $10,000 from the Street
Improvement Fund.
RESOLUTION NO. R2001-270
S. USER FEES - PARKS AND RECREATION FACILITIES AND SERVICES:
(TR9525) Establishing user fees for the Parks and Recreation Department
facilities and services at City of Tamarac recreation facilities, as well as, city
transportation services, effective fiscal year 2002.
RESOLUTION NO. R2001-271
t. UNIVERSITY DRIVE/COMMERCIAL BOULEVARD CORRIDOR STUDY:
(TR9533) Adopting the Commercial Boulevard and University Drive Corridor
Study.
RESOLUTION NO. R2001-272
U. AMENDMENT TO LOAN AGREEMENT — INDUSTRIAL DEVELOPMENT
REVENUE BONDS: (TR9517) Executing and delivering an amendment to loan
agreement in connection with the City of Tamarac's Industrial Development
Revenue Bonds, Series 1995 (Arch Aluminum Co., Inc. Project).
RESOLUTION NO. R2001-273
END OF CONSENT AGENDA
REGULAR AGENDA
Commissioner Roberts seconded by Vice Mayor Sultanof moved to add Temporary
Ordinance 1951 to the agenda as Item 14(a). On roll call Commissioner Roberts voted
"yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
10. VOTING DELEGATE AND ALTERNATE DELEGATE: (TR9508) Appointing
as the City of Tamarac's Voting Delegate to the National League of Cities'
annual business meeting at the Annual Congress of Cities in Atlanta, Georgia;
appointing as Alternate Delegate to the National League of
Cities' Annual Business Meeting at the Congress of Cities in Atlanta, Georgia; directing
September 26, 2001
5
the City Clerk to send a copy of this resolution to the National League of Cities. City
Attorney Kraft read Temporary Resolution 9508, Revision #2 by title. Commissioner
Roberts seconded by Vice Mayor Sultanof moved approval. Commissioner Roberts
nominated Mayor Schreiber as the Voting Delegate and Commissioner Partner as the
Alternate Voting Delegate. Vice Mayor Sultanof seconded by Commissioner Mishkin
moved approval of Temporary Resolution 9508, as amended, appointing Mayor
Schreiber as the City of Tamarac's Voting Delegate to the National League of Cities'
Annual Business Meeting and Commissioner Portner as Alternate Delegate. 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. R2001-274
ORDINANCES- FIRST READINGS
11. AMENDING CHAPTER 13 - MISCELLANEOUS OFFENSES: (TO1940) Motion
to adopt Ordinance on first reading amending Chapter 13 entitled, "Miscellaneous
Offenses", by deleting Section 13-2 entitled, "Public property - Injuring, destroying,
etc.", deleting Section 13-3 entitled, "Same - Tampering with, breaking into, etc.;
exceptions for authorized personnel", deleting Section 13-6 entitled, "Trespassing",
deleting Section 13-7(b) entitled, "Power boats on city waterways"; Case No. 27-MI-01;
providing for codification. City Attorney Kraft read Temporary Ordinance 1940,
Revision #3 on first reading by title. Vice Mayor Sultanof seconded by Commissioner
Mishkin moved approval. Code Enforcement Manager Diemer gave a presentation.
Vice Mayor Sultanof asked whether Sec. 13(h) was being deleted, and Code
Enforcement Manager Diemer said it was not. On roll call Vice Mayor Sultanof voted
"yes", Commissioner Mishkin "yes", Commissioner Portner "yes", Commissioner
Roberts "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
12. AMENDING CHAPTER 4 - ANIMALS: (TO1938) Motion to adopt Ordinance on
first reading amending Chapter 4, "Animals", Article I "In general", Section 4-4 "Duty to
remove excrement; exception" extending the waiver of the provisions of the Section to
include the non -human primates of the genus Cebus specially trained and providing
personal services to paraplegic and quadriplegic persons; providing for codification.
City Attorney Kraft read Temporary Ordinance 1938, Revision #5 on first reading by
title. Commissioner Roberts seconded by Commissioner Mishkin moved approval. On
roll call Commissioner Roberts voted "yes", Commissioner Mishkin "yes", Commissioner
Portner "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
13. AMENDING SECTION 15-86 OF THE TAMARAC CODE — ANIMALS, PETS:
(TO1939) Motion to adopt Ordinance on first reading amending Chapter 15, "Parks
and Recreation", Article III, "Rules and Regulations", Section 15-86, "Animals, pets", by
adding an exemption for the non -human primates of the genus Cebus specially trained
and providing personal care services to a paraplegic or quadriplegic person; Case No.
25-MI-01; providing for codification. City Attorney Kraft read Temporary Ordinance
September 26, 2001
1.9
1939, Revision #5 on first reading by title. Commissioner Portner seconded by Vice
Mayor Sultanof moved approval. On roll call Commissioner Portner voted "yes", Vice
Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and
Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
14. AMENDING CHAPTER 4 ARTICLE 1 SECTION 4-5: (TO1950) Motion to adopt
Ordinance on first reading amending Chapter 4 entitled, "Animals", by amending
Article I, "in general", by amending Section 4-5, "Feeding ducks" prohibiting all animals
and wildlife, not owned by the person, to be fed within the city limits; providing for
codification. City Attorney Kraft read Temporary Ordinance 1950 on first reading by
title. Commissioner Partner seconded by Vice Mayor Sultanof moved approval.
Commissioner Roberts asked whether the ordinance prohibited feeding animals for a
neighbor when the neighbor is away, and how the ordinance would be enforced if
someone had to leave food outside for a pet because of allergies to animals. Code
Enforcement Manager Diemer said the ordinance does not go to those lengths, but is
designed to make sure feeding animals does not create a nuisance in the neighborhood
by attracting wildlife. Commissioner Portner asked about people feeding ducks at the
water's edge, and Code Enforcement Manager Diemer said feeding ducks is prohibited.
Mayor Schreiber said he feels the ordinance will be difficult to enforce and should be
revised to exclude people feeding animals with the owners' permission. Mayor
Schreiber asked if Code Enforcement received complaints on this issue, and Code
Enforcement Manager Diemer said there have been many complaints of people leaving
food out for pets and ducks eating the food. 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
14(a). AMENDING CHAPTER 2 OF THE CODE — ADDING THE AMERICAN EX -
PRISONERS OF WAR: (TO1951) Motion to adopt ordinance on first reading
amending Chapter 2 of the Tamarac City Code, entitled "Administration", Article III,
"Boards, Committees, Commissions", Division 8 "Veterans Affairs Committee" by
amending Section 2-223 "Creation; composition", adding the American Ex -Prisoners of
War as a member organization; providing for codification. City Attorney Kraft read
Temporary Ordinance 1951 on first reading by title. Commissioner Roberts seconded
by Vice Mayor Sultanof moved approval. On roll call Commissioner Roberts voted
"yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
At this time, the City Commission took up item #1 on the agenda. LEGISLATIVE
BRIEFING by Representative Nan Rich. Representative Rich thanked the voters of
Tamarac for electing her, and said one of her achievements this past session was to
bring back a significant amount of money for Broward County in the area of Social
Services. Representative Rich said there will be difficult times ahead, as there is a
September 26, 2001
7
shortfall in the state budget of an estimated $673 million. This has been reduced by
using working capital, however there is a need to prioritize cuts. Representative Rich
spoke about accomplishments during the past legislative session: prescription drug
expansion program; children's' health care; a Bill that would have allowed pumping of
untreated water into the aquifer was defeated; and school vouchers were discussed.
Representative Rich reported that two public hearings were scheduled for Broward
County on October 1', 9:00 a.m. at the Broward Community College South Campus
and 5:00 p.m. at Bailey Hall. The public hearings are to discuss redistricting in
Broward County. Representative Rich asked people to attend the public hearings to
get their opinions on the record, and said buses would be running from Kings Point.
Vice Mayor Sultanof asked about funding for charter schools, and whether the money
was coming out of the public school fund. Representative Rich spoke about charter
schools as non-traditional public schools and spoke about funding. Mayor Schreiber
thanked Representative Rich for coming to the meeting.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
15. AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION
ELEMENT: (TO1947) Motion to adopt Ordinance on first reading adopting
amendments to the Intergovernmental Coordination Element of the City of Tamarac
Comprehensive Plan in accordance with Chapter 163, Subsection 163.3187 of the
Florida Statutes concerning text amendments addressing additional intergovernmental
coordination requirements of Chapter 163.3177(6)(h) F.S. City Attorney Kraft read
Temporary Ordinance 1947, Revision #1 on first reading by title. Vice Mayor Sultanof
seconded by Commissioner Roberts moved approval. 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 Vice Mayor
Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
16. AMENDMENTS TO THE TRANSPORATION ELEMENT: (TO1948) Motion to
adopt Ordinance on first reading adopting amendments to the Transportation Element
of the City of Tamarac Comprehensive Plan in accordance with Chapter 163,
Subsection 163.3187 of the Florida Statutes concerning text amendments addressing
the requirements of Chapter 163.3177(6)(j); providing for codification. City Attorney
Kraft read Temporary Ordinance 1948, Revision #2 on first reading by title.
Commissioner Portner seconded by Vice Mayor Sultanof moved approval. Community
Development Director King gave a presentation. Commissioner Roberts asked if the
traffic light on 76 Street and University Drive was added to the plan, and Community
Development Director King said it was. Commissioner Portner said it is amazing the
amount of complications in Tamarac with regard to transportation, and the fact that in
all this time the traffic light at 76" street has just been added to the element. Mayor
Schreiber opened the public hearing and with no one wishing to speak, closed the
September 26, 2001
rn
public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof
"yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
APPROVED ON FIRST READING
17. AMENDMENTS TO SCHEDULE ID - CAPITAL IMPROVEMENTS ELEMENT:
(TO1949) Motion to adopt Ordinance on first reading adopting amendments to the
Capital Improvements and Recreation and Open Space Elements of the City of
Tamarac Comprehensive Plan to reflect the incorporation of improvements for McNab
Park, in accordance with Chapter 163, Subsection 163.3187 of the Florida Statutes
(F.S.). City Attorney Kraft read Temporary Ordinance 1949, Revision #2 on first
reading by title. Vice Mayor Sultanof seconded by Commissioner Portner moved
approval. 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 Vice Mayor Sultanof voted "yes", Commissioner Portner
"yes", Commissioner Mishkin "yes", Commissioner Roberts "yes', and Mayor Schreiber
"yes". Motion carried.
APPROVED ON FIRST READING
UASI-JUDICIAL HEARINGS
18. 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 said since Items 18 and 19 are companion items, he
suggested they be considered together, with separate votes on each item. City
Attorney Kraft read Temporary Resolution 9466 by title. Commissioner Portner
seconded by Commissioner Roberts moved approval. City Attorney Kraft read
Temporary Resolution 9474 by title. Commissioner Portner seconded by
Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial
proceedings and Jean Cascio, Attorney and Carmelo Cunsolo, owner, waived their
quasi-judicial rights. Community Development Director King gave a presentation. Ms.
Cascio explained digital imaging and discussed parking, ingress and egress. Vice
Mayor Sultanof asked about the drainage, and Jonathan Keith, Engineer addressed the
issue and said the drainage would tie into the Comfort Suites. Commissioner Portner
asked why the parking spaces are being reduced by one foot each, and Community
Development Director King said it was to get the maximum use of the spaces for the
parking waiver count. Commissioner Roberts asked about the site plan for Item 19, and
Community Development Director King said they had been distributed at the last
meeting. Commissioner Roberts spoke about landscaping, and said the homeowners
on the other side of the street had requested a buffer. Community Development
Director King reviewed the site plan and said there would be a buffer. There was
September 26, 2001
�0]
discussion about the quality of the landscaping, and Community Development Director
King said it would be monitored. Mayor Schreiber opened the public hearing for Item
#18 and with no one wishing to speak, closed the public hearing. Mayor Schreiber
opened the public hearing for Item #19 and with no one wishing to speak, closed the
public hearing. On roll call for Temporary Resolution 9466, Commissioner Portner
voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor
Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-275
V
19. 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. On roll call for Temporary
Resolution 9474, Commissioner Portner voted "yes", Commissioner Roberts "yes",
Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2001-276
20. AMENDING LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163 -
FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 PLAT: (TO1942) Motion
to adopt Ordinance on first reading adopting a Small Scale Amendment to the Land
Use Element of the City's Comprehensive Plan in accordance with Chapter 163,
Section 163.3187 of the Florida Statutes, a portion of Tract 16, Section 7, Township 49
South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2", Plat,
according to the Plat thereof as recorded in Plat Book 1, Page 102 of the Public
Records of Palm Beach County, Florida, lying in the City of Tamarac, Broward County,
Florida and being more particularly described in Exhibit "A", from Industrial to
Recreation; comprising 8.4975 acres, more or less; providing for amendment to the
Land Use Element to reflect such change. City Attorney Kraft suggested that since
Item 20 and Item 21 are companion items, the City Commission consider both items at
the same time, with separate votes on each item. City Attorney Kraft read Temporary
Ordinance 1942 on first reading by title. Vice Mayor Sultanof seconded by
Commissioner Roberts moved approval. City Attorney Kraft read Temporary Ordinance
1941, Revision #1 on first reading by title. Commissioner Roberts seconded by Vice
Mayor Sultanof moved approval. City Attorney Kraft said this is a City sponsored item,
and the City waived it's quasi-judicial rights. Community Development Director King
gave a presentation. Mayor Schreiber opened the public hearing for Item #20 and with
September 26, 2001
10
no one wishing to speak, closed the public hearing. Mayor Schreiber opened the public
hearing for Item #21 and with no one wishing to speak, closed the public hearing. On
roll call for Temporary Ordinance 1942, Vice Mayor Sultanof voted "yes", Commissioner
Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor
Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
21. AMENDING PRIOR ZONING - FLORIDA FRUIT LANDS COMPANY'S
SQf3DIVISION NO. 2 PLAT: (TO1941) Motion to adopt Ordinance on first reading
amending prior zoning of certain real estate property from A-1 (Limited Agricultural
District) to S-1 (Open Space/Recreational District); lands commonly known as a portion
of Tract 16, Section 7, Township 49 South, Range 41 East of the "Florida Fruit Lands
Company's Subdivision No. 2" Plat, according to the Plat thereof as recorded in Plat
Book 1, Page 102 of the Public Records of Palm Beach County, Florida, lying in the
City of Tamarac, Broward County, Florida, located on the south side of West McNab
Road, west of NW 108 Terrace; Case No. 17-Z-01; providing for amendment of the
official zoning map to reflect such change. On roll call for Temporary Ordinance 1941,
Revision #2, Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes",
Commissioner Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes".
Motion carried.
APPROVED ON FIRST READING
22. AMENDING LAND USE ELEMENT IN ACCORDANCE WITH CHAPTER 163 -
KINGS POINT COMMERCIAL PARK: (TO1945) Motion to adopt Ordinance on first
rqgqjqg adopting an amendment to the Land Use Element of the City Comprehensive
Plan in accordance with Chapter 163, Section 163.3184 of the Florida Statutes,
concerning a Land Use Plan Amendment proposal by Holland and Knight, LLP to
change the use of land described as Parcel "A" of the "Kings Point Commercial Park"
Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9 of the Public
Records of Broward County, Florida, located at the southwest corner of Nob Hill Road
and NW 80 Street, from Commercial to Medium -Residential (10-16 du/ac) through
issuance of ninety-seven (97) flexibility units to allow for the construction of ninety-
seven (97) townhomes; comprising of approximately six (6) acres; Case No. 1-LUA-01;
providing for amendment to the Land Use Element to reflect such change. City
Attorney Kraft read Temporary Ordinance 1945 on first reading by title. Commissioner
Portner seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft
explained the quasi-judicial procedures, and Jerry Knight, Attorney, waived his quasi-
judicial rights on behalf of the applicant, United Homes, International. Community
Development Director King gave a presentation. Vice Mayor Sultanof disclosed ex
parte communications with the applicant. Commissioner Portner asked what is meant
by affordable housing, and Community Development Director King said it is a term used
based on the State and County's interpretation of per capita income. The homes would
sell in excess of $120,00 per unit. Vice Mayor Sultanof said he would like this project to
be an upgraded project similar to the one in Pembroke Pines. Mr. Knight introduced
Mr. Ferren, Mr. Cardosa and Ms. West, and said this is not an affordable housing
project that will qualify for subsidation, and a traffic study had been done in connection
September 26, 2001
11
with the land use plan amendment that shows by building this residential project rather
than a commercial project, there will be a 6,000 daily trip reduction. Mayor Schreiber
revealed ex parte communications with regard to the project, and said the project did
not go through a year ago, and asked why Mr. Knight thought it would pass through the
County now. Mr. Knight said the project was not stopped at the County level, rather
Lennar withdrew the project. Mayor Schreiber asked for an explanation of a flexibility
unit and Community Development Director King said Broward County's use plan is
higher density than the City's and the difference in the number of allowed units is the
flexibility unit count. There was discussion about the size of the parcel, and Mayor
Schreiber asked that sizes of parcels be more specific in the future. Mayor Schreiber
opened the public hearing. Howard Chaiet, 10247 Lombardy Drive, Elaine Weisburd,
7997 Exeter Boulevard West, Sidney Weisburd, 7997 Exeter Boulevard West, and Len
Ronik, 9818 Malvern Drive, spoke about density and ingress/egress to the
development. With no one else wishing to speak, Mayor Schreiber closed the public
hearing. Mr. Cardosa said the number of townhomes may be reduced, and spoke
about the size of the townhomes. Commissioner Roberts asked if everyone knew these
were family townhomes. Vice Mayor Sultanof said the word affordable was an
invention of the federal government and assured everyone that these were going to be
upscale homes. Mayor Schreiber asked what the zoning district would be and Mr.
Knight said he had applied for an R4-A (10-16) zoning district. Mr. Ferren said there
would only be 87 units, not 97. On roll call Commissioner Portner voted "yes", Vice
Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and
Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
23. SPECIAL EXCEPTION - COMMUNICATIONS TOWER - TAMARAC JEWISH
CENTER: (TR9519) Motion to approve Resolution granting a Special Exception to allow
the installation of a 100-foot (100') stealth monopole communication tower with new
antennas and a 10' x 20' equipment shelter in a B-6 (Business District) zoning category
to Tamarac Jewish Center, located at 9101 NW 57 Street; specifically a portion of Lot 1,
Block 3 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; Case No. 11-Z-
01; providing for conditions of approval. City Attorney Kraft read Temporary Resolution
9519 by title. Vice Mayor Sultanof seconded by Commissioner Mishkin moved
approval. City Attorney Kraft explained the quasi-judicial procedures and Ron Engele,
representing Nextel, waived his quasi-judicial rights. Community Development Director
King gave a presentation. Commissioner Partner asked about the appearance of the
flag pole, and Commissioner Roberts asked if there would be a light on the pole.
Community Development Director King said the antennas on the flag pole would not be
visible, and a flag would fly and be maintained by Nextel. There would be a light on the
pole. There was discussion about the location of the monopole, and Commissioner
Roberts asked if it would fit in with the 57th Street scheme. Community Development
Director King said it would and staff worked extensively with Nextel. Vice Mayor
Sultanof expressed concern about the proximity to the ALF and whether there would be
September 26, 2001
12
1
1
a conflict with electrical equipment used by residents of the ALF. Mr. Engele assured
the Commission there would be no conflict. On roll call Vice Mayor Sultanof voted
"Yes", Commissioner Mishkin "yes", Commissioner Partner "yes", Commissioner
Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-277
24. AMENDING RETRICTIVE NOTE - WOODMONT GARDENS PLAT: (TR9521)
Motion to approve Resolution approving a Delegation Request to amend a restrictive
note on the "Woodmont Gardens" Plat from ninety-four (94) townhouse units to eighty-
eight (88) townhouse units in order to be consistent with the approved site plan,
specifically 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;
located at 8700 Southgate Boulevard; Case No. 6-P-01. City Attorney Kraft read
Temporary Resolution 9521 by title. Vice Mayor Sultanof seconded by Commissioner
Portner moved approval. City Attorney Kraft explained the quasi-judicial procedures
and David Rohal, Surveyor, waived his quasi-judicial rights on behalf of Centex Homes.
Community Development Director King said he was notified this morning that there
were outstanding monies in the way of guaranteed revenues due the City in the amount
of approximately $5,700. Community Development Director King said he was
unsuccessful in reaching the applicant this morning and suggested tabling the item until
the fees are paid. Commissioner Portner seconded by Vice Mayor Sultanof moved to
table Temporary Resolution 9521 until the October 10, 2001 Commission meeting at or
after 7:00 p.m. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof
"yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
TABLED TO THE OCTOBER 10, 2001 MEETING AT OR AFTER 7:00 P.M.
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 11:20 a.m.
MARIO�_S ENSON, CMC
CITY CLERK
September 26, 2001
13
.. w MAYOR
CITYOPTANIARAC
APPROVED AT MEERNG OF
l0