HomeMy WebLinkAbout2002-10-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY OCTOBER 9, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 7:00 p.m. on Wednesday, October 9, 2002, in chambers at 7525 NW 881h
Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Edward C. Portner, Commissioner
Gertrude Mishkin, Commissioner Marc L. Sultanof, 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 and
asked everyone to remain standing while Heather Craig sang the Star Spangled
Banner.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Schreiber of a proclamation proclaiming October as
Domestic Violence Awareness Month. BSO Chief Kenneth Dugger accepted and
thanked the City Commission for recognizing Domestic Violence Awareness Month and
encouraged people to report domestic violence; by doing so it may save a life.
b. Presentation by Mayor Schreiber proclaiming October 20-26, 2002 as City
Government Week, and October 23, 2002 as City Government Day. Heather Arnold,
Student Government Association President, Tamika Gouldbourne, Student Liaison, City
Government Day, and David Geller, Faculty advisor, all of Piper High School, accepted.
C. Presentation by Mayor Schreiber proclaiming the week of October 14-18, 2002
as National School Lunch Week. City Attorney Kraft accepted and thanked the City
Commission on behalf of Stephanie Kraft and the School Board.
2. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72"d Street, Tamarac,
spoke about the COPS program in Woodmont and asked the City Commission to assist
in bringing life back into the program. Mike Carter, 8102 NW 57th Court, Tamarac
spoke about security and privacy on 57th Street, and asked the City Commission to
consider a privacy wall in the area. Commissioner Sultanof responded that during
meetings with the neighborhood regarding landscaping, there was talk about a privacy
wall and it was determined that the association documents did not sanction one. Ellie
Petardi, 8200 NW 58th Street, Tamarac, asked for a cement privacy wall on 57tr' Street.
Mayor Schreiber asked City Manager Miller to meet with Ms. Petardi and Mr. Carter on
this matter.
October 09, 2002
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3. City Commission: Commissioner Mishkin welcomed everyone to the meeting.
Commissioner Sultanof thanked City Manager Miller and the management team for
putting together the City's budget, and said it is flattering to the City Commission that
the residents feel we are fiscally responsible. Commissioner Sultanof spoke about ad
valorem taxes, which in Tamarac were not raised, and thanked everyone for coming.
Vice Mayor Portner said he is concerned about the direction this country is taking; the
current administration is preparing for war and he is of the opinion that this is
unnecessary, and disagrees with putting our young men in harm's way. Vice Mayor
Portner encouraged everyone to write their congressmen to express opposition to war.
Vice Mayor Partner spoke about a Presidents' Council meeting on October 1st, which
both he and Mayor Schreiber attended. Vice Mayor Portner took exception to some
statements made by Mayor Schreiber regarding a budget surplus. Vice Mayor Partner
spoke about the senior citizen homestead exemption, and also spoke about respect for
the office of Mayor and offices of Commissioners.
Commissioner Roberts congratulated all who participated in the Junior Orange Bowl
Queen Contest, and special congratulations to the Queen and her Court. It was an
exciting event. Tamarac is in partnership with Piper High School, and the students are
constructing a Trophy Case for the Tamarac Community Center. Commissioner
Roberts said she spoke with City Manager Miller regarding the COPS program and
suggested advertising it in the Tam -A -Gram, under BSO, and also sending information
home with new residents when they come to the City to have their water service turned
on.
Mayor Schreiber responded to Vice Mayor Portner's remarks and said Rachlin, Cohen
and Holtz are the city's auditors, and the figures he spoke about at the Presidents'
Council meeting are figures he got from the report. Mayor Schreiber spoke in favor of
the 2nd Senior Homestead Exemption, and said the Mayor and Commission work for
the people of Tamarac. Vice Mayor Portner and Mayor Schreiber discussed leadership
of the Commission. Commissioner Sultanof spoke about the Senior Homestead
Exemption and his concerns about qualification requirements. Commissioner Sultanof
said this is the best Commission Tamarac has had in the past 7-8 years, and the
commissioners have the right to disagree.
Mayor Schreiber said a reception was held prior to the meeting for the new Finance
Director, Dona Newman, and the Chief Building Official, Gary B. Jones. Mayor
Schreiber thanked everyone for attending tonight's meeting.
4. City Attorney: City Attorney Kraft had not report.
5. City Manager: City Manager Miller reported that the Fire Department will hold an
open house on October 19th from 10:30 a.m. — 4.00 p.m., at Fire Station #1. Parks and
Recreation, Social Services Division, will sponsor "Tamarac On The Go", which features
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Project Safe (cell phone collection and distribution) on October 16tn at 11:30 a.m. at the
Tamarac Community Center. This is open to the public and refreshments will be
served. In conjunction with University Hospital, free flu shots will be available to
Tamarac residents and employees on November 1st at the Tamarac Community
Center. The shots will be provided on a first come/first served basis, beginning at 8:30
a.m. Tamarac has been allotted 1,000 shots. The 17th Annual Junior Orange Bowl
Queen Pageant was held on October 5t" at the Tamarac Community Center. It was a
packed house and congratulations go out to the winners. A reception was held this
evening to welcome our new Finance Director, Dona Newman, Ms. Newman attended
with her husband, Steve. Also welcomed at the reception was Gary B. Jones, our new
Chief Building Official.
6. CONSENT AGENDA: Commissioner Sultanof seconded by Commissioner Mishkin
moved removal of Item 6(j) from the consent agenda for discussion. LOBBYING
SERVICES: (TR9907) Executing an Amendment to the Agreement between the City of
Tamarac and Mitchell Ceasar, P.A. for Lobbying Services. On roll call Commissioner
Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", Vice
Mayor Portner "yes", and Mayor Schreiber "yes", Motion approved.
Commissioner Sultanof seconded by Commissioner Roberts moved removal of Item
6(q) from the consent agenda for discussion. WAIVER OF FEES — SAINT MALACHY
CATHOLIC CHURCH: (TR9923) Granting a Waiver of Fees to the Saint Malachy
Catholic Church located at the northeast corner of NW 61 Street and University Drive to
conduct a carnival and approve the sale of alcoholic beverages during the operation of
the Saint Malachy Carnival beginning Thursday, October 17, 2002 and ending Sunday,
October 20, 2002; providing that such approval is contingent upon obtaining the
required permits and that all State inspections are obtained (Case No. 16-MI-02). On
roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes"Vice Mayor
Portner "no", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
Vice Mayor Partner seconded by Commissioner Roberts moved approval of all items on
the consent agenda except for items 6(j) and 6(q) which were removed for discussion.
On roll call Vice Mayor Portner voted "yes", Commissioner Roberts "yes",
Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes"
Motion carried.
a. APPROVE the minutes of the September 25, 2002 regular city commission
meeting.
APPROVED
b. APPROVE the minutes of the September 25, 2002 special city commission
meeting.
APPROVED
C. BROWARD SHERIFF'S OFFICE PERMIT APPLICATION: (TR9904) Executing
a Broward Sheriff's Office Permit Application for special details for police
services to be used by the Parks and Recreation Department in an amount not
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to exceed $53,055.00 in FY 03; approving funding from the appropriate Parks
and Recreation account.
RESOLUTION NO. R2002-279
d. PURCHASE OF WATER METERS — SUNSTATE METER & SUPPLY CO.:
(TR9915) Purchasing water meters from Neptune Technology Group, Inc., via
their local distributor Sunstate Meter & Supply, Inc., utilizing the City of Pompano
Beach Bid Number H-14-00, entitled "Water Meters" for a maximum annual cost
not to exceed $110,000.00 for the purpose of replacing and installing new water
meters; approving funding from the appropriate Utilities Operational account.
RESOLUTION NO. R2002-280
e. APPOINTMENT OF DONA NEWMAN, FINANCE DIRECTOR: (TR9921)
Appointing Dona J. Newman as Finance Director, effective October 14, 2002, or
at such earlier date as is mutually agreed upon.
RESOLUTION NO. R2002-281
f. APPOINTMENT OF GARY B. JONES CHIEF BUILDING OFFICIAL: (TR9922)
Appointing Gary B. Jones as Chief Building Official, effective October 24, 2002,
or at such earlier date as is mutually agreed upon.
RESOLUTION NO. R2002-282
g. LANDSCAPE ARCHITECTURAL SERVICES - SOUTHGATE LINEAR PARK:
(TR9918) Accepting Task Authorization No. 03-01 L with Glatting, Jackson,
Kercher, Anglin, Lopez and Rinehart, Inc., to provide landscape architectural
services related to the planning and design of the Southgate Linear Park, per the
existing agreement with Glatting, Jackson, Kercher, Anglin, Lopez and Rinehart,
Inc., for landscape architectural continuing services; authorizing an expenditure
not to exceed $30,000.00; approving funding; approving all necessary budget
transfers.
RESOLUTION NO. R2002-283
h. RELEASE OF WARRANTY BOND — ACTIVE SENIOR LIVING RESIDENCE
INC.: (TR9897) Releasing a warranty bond in the form of Letter of Guarantee
#LG-1012 from Natbank, NA in the amount of $2,156.25 posted by Active Senior
Living Residence; Inc. for paving, sidewalk and curb improvements located on
the north side of NW 57th Street between NW 91 st Avenue and Pine Island Road.
RESOLUTION NO. R2002-284
i. AWARD OF BID 02-2613, HIGH SECURITY FENCING - FENCE MASTERS,
INC.: (TR9914) Awarding Bid 02-26B, "High Security Fencing", and executing an
agreement with Fence Masters, Inc. in an amount not to exceed $110,975.00, for
the installation of high security fencing at the City of Tamarac Water Treatment
Plant.
RESOLUTION NO. R2002-285
j. LOBBYING SERVICES: (TR9907) Executing an Amendment to the Agreement
between the City of Tamarac and Mitchell Ceasar, P.A. for Lobbying Services.
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
k. PERFORMANCE BOND RELEASE — ACE CONCRETE PUMPING INC. —
WOODMONT COMMONS PROJECT: (TR9926) Releasing a performance bond
in the form of check #11096 from Ace Concrete Pumping, Inc. in the amount of
$677.60 for sidewalk improvements for Woodmont Commons project located at
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8001-8085 West McNab Road, subject to the receipt of a warranty bond in the
amount of $169.40.
RESOLUTION NO, R2002-286
1. PERFORMANCE BOND RELEASE -- CLASSIC CONCRETE, INC. — LAGOS
DE CAMPO BOULEVARD PROJECT: (TR9925) Releasing a performance bond
in the form of check #2221919 from Classic Concrete, Inc. in the amount of
$6,074.98 for sidewalk improvements located on the south side of Lagos De
Campo Boulevard from 88 Avenue to McNab Road, subject to the receipt of a
warranty bond in the amount of $1,518.75.
RESOLUTION NO. R2002-287
m. AMENDMENT TO CONTRACT - SCHOOL CROSSING GUARD SERVICES:
(TR9916) Amending Resolution No. R-2001-312 authorizing an agreement
between the City of Tamarac and Action Labor of Florida, LLC (a/k/a: Staffing
Connection) for School Crossing Guard Services by changing the expiration date
of October 31, 2002, as stated in Resolution No. R-2001-312, to September 30,
2003, which is consistent with the executed contract's expiration date (Case No.
15-M 1-02 ).
RESOLUTION NO. R2002-288
n. FIRST UNION CUSTODY AGREEMENT: (TR9919) Executing a supplemental
agreement to the existing agreement between the City of Tamarac and First
Union National Bank as authorized by City of Tamarac Resolution 2001--289, for
an institutional custody agreement.
RESOLUTION NO. R2002-289
o. SUPPORTING THE CONTINUATION OF THE BROWARD COUNTY FIRE
RESCUE TASK FORCE: (TR9920) Supporting the continuation of the Broward
County Fire Rescue Task Force, to develop a comprehensive plan to coordinate
fire rescue services throughout Broward County and to prepare an Interlocal
Agreement for fire rescue services, provided that the agreement be fair and
representative of Broward County; supporting the development of cross
jurisdictional dispatch protocols and the four (4) priority areas identified by the
Broward County Fire Rescue Task Force; requesting additional detail prior to
considering funding mechanisms; authorizing the City Clerk to forward a copy of
this resolution to the Broward County Commission and the Broward County
League of Cities.
RESOLUTION NO. R2002-290
p. UNIVERSITY HOSPITAL - FLU SHOTS: (TR9927) Executing a Hold Harmless
Agreement between the City of Tamarac and University Hospital, Ltd. relating to
University Hospital, Ltd. donating and administering one thousand (1,000) free
flu shots to Tamarac residents and city employees at the Tamarac Community
Center on a date to be announced.
RESOLUTION NO. R2002-291
q. WAIVER OF FEES — SAINT MALACHY CATHOLIC CHURCH: (TR9923)
Granting a Waiver of Fees to the Saint Malachy Catholic Church located at the
northeast corner of NW 61 Street and University Drive to conduct a carnival and
approve the sale of alcoholic beverages during the operation of the Saint
Malachy Carnival beginning Thursday, October 17, 2002 and ending Sunday,
October 09, 2002
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October 20, 2002; providing that such approval is contingent upon obtaining the
required permits and that all State inspections are obtained (Case No. 16-MI-02).
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
END OF CONSENT AGENDA
Q) LOBBYING SERVICES: (TR9907) Executing an Amendment to the Agreement
between the City of Tamarac and Mitchell Ceasar, P.A. for Lobbying Services.
Commissioner Roberts seconded by Commissioner Sultanof moved to amend the
continuation of the Agreement between the City of Tamarac and Mitchell Ceasar for an
additional one year term at a fee of $30,000., rather than $35,000. On roll call
Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner
Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried.
Commissioner Roberts seconded by Commissioner Sultanof moved approval of
Temporary Resolution 9907, as amended, with a fee of $30,000. On roll call
Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner
Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-292
6(q) WAIVER OF FEES — SAINT MALACHY CATHOLIC CHURCH: (TR9923)
Granting a Waiver of Fees to the Saint Malachy Catholic Church located at the
northeast corner of NW 61 Street and University Drive to conduct a carnival and
approve the sale of alcoholic beverages during the operation of the Saint Malachy
Carnival beginning Thursday, October 17, 2002 and ending Sunday, October 20, 2002;
providing that such approval is contingent upon obtaining the required permits and that
all State inspections are obtained (Case No. 16-MI-02). Mayor Schreiber said the
conditions for approval had not been met. There was discussion about the permits, and
Matt Lyons, St. Malachy Church, said the carnival documents were expected in the
morning. Community Development Director King said Ken McIntyre, Interim Building
Official, told him that the carnival has not yet applied for their permits. Mayor Schreiber
asked what would happen if the fees were waived and the permits not pulled.
Community Development Director King said section 3 of the resolution speaks to that,
and the applicant is required to obtain permits, inspections and licenses in order for the
fees to be waived. If they fail to meet the conditions of approval then the fees will be
collected. Vice Mayor Portner asked why the commission was not apprised of the fact
at Monday's workshop that the permits were not in line, and Community Development
Director King said they usually come in 2-3 days prior to the carnival for the permits,
and it is still early. Commissioner Roberts seconded by Commissioner Sultanof moved
approval of Temporary Resolution 9923. On roll call Commissioner Roberts voted
"yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", Vice Mayor Portner
"yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-293
REGULAR AGENDA
ORDINANCES - FIRST READINGS
October 09, 2002
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7. AMENDING CHAPTER 11 — "LANDSCAPING": (TO1977) Motion to adopt
Ordinance on first reading amending Chapter 11 entitled "Landscaping",of the City of
Tamarac Code of Ordinances, by amending Section 11-7 entitled "Minimum Landscape
Requirements", by adding requirements providing for vertical tree clearance of
landscaping in rights -of -way (Case No. 21-Z-02); providing for codification. City
Attorney Kraft read Temporary Ordinance 1977, revision #6, on first reading by title.
Commissioner Sultanof seconded by Commissioner Roberts moved approval. On roll
call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Vice Mayor
Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
8. AMENDING CHAPTER 15 OF THE TAMARAC CODE — "PARKS AND
RECREATION": (T01983) Motion to adopt Ordinance on first reading amending
Chapter 15 of the Tamarac Code, entitled "Parks and Recreation," Article II,
"Administration", Division 2, "Parks and Recreation Board", Section 15-41, "Creation" by
adding two alternate members to the Parks and Recreation Board; providing for
codification. City Attorney Kraft read Temporary Ordinance 1983 on first reading by
title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. On
roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor
Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
9. AMENDING CHAPTER 12. "LICENSE AND BUSINESS REGULATIONS":
(TO1981) Motion to adopt Ordinance on first reading amending Chapter 12, "License
and Business Regulations", Article II, "Occupational Licenses", Section 12--39, "Amount
of Fee" of the City of Tamarac Code of Ordinances by modifying certain occupational
license classifications to conform with Chapter 205, Florida Statutes and to conform
with classifications that are commonly used and currently included in the city's HTE
Occupational Licensing System, and to clarify the meaning of the category "Accessory
Use" (Case No. 23-Z-02); providing for codification. City Attorney Kraft read Temporary
Ordinance 1981, revision #1, on first reading by title. Commissioner Sultanof seconded
by Commissioner Mishkin moved approval. Commissioner Roberts confirmed that fees
are not being increased and Community Development Director King explained the
changes are to the business list as several classifications were omitted and need to be
added. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes",
Vice Mayor Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes".
Motion carried.
APPROVED ON FIRST READING
10. LOCAL LAW ENFORCEMENT BLOCK GRANT: (TR9917) Motion to approve
Resolution accepting the 2002 grant award from the Department of Justice Assistance,
under the Local Law Enforcement Block Grant Program in the amount of $25,642;
authorizing a match of $2,849 in cash from the Grants Matching Account for a total
project cost of $28,491- amending the grants fund budget. City Attorney Kraft read
October 09, 2002
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Temporary Resolution 9917 by title. Commissioner Roberts seconded by
Commissioner Sultanof moved approval. BSO Chief Dugger gave a presentation and
explained various programs that will be funded by the grant. Mayor Schreiber opened
the public hearing and with no one wishing to speak, closed the public hearing. On roll
call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor
Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-294
11. AMENDING CHAPTER 21 - SUBDIVISIONS: (TO1979) Motion to adopt
Ordinance on second reading amending Chapter 21 entitled, "Subdivisions", Article II,
"Platting", Division 6, "Delegation Request", Sec. 21-97 entitled, "Purpose" by deleting
Sub -Section 21-97(d) eliminating the requirement of two (2) separate fees for each
category of Plat; providing for codification. City Attorney Kraft read Temporary
Ordinance 1979, revision #3, on second reading by title. Commissioner Sultanof
seconded by Commissioner Mishkin 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 Mishkin "yes", Commissioner
Roberts "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-20
12. AMENDING CHAPTER 10 - WATERWAYS AND MARINE STRUCTURES:
(TO1980) Motion to adopt Ordinance on second reading amending Chapter 10, Article
V, Division 5 entitled "Waterways and Marine Structures", Section 10-232, entitled
"Bulkheads, Design Standards"; providing for the establishment of an alternative to
precast concrete panels; providing for codification. City Attorney Kraft read Temporary
Ordinance 1980, revision #6, on second reading by title. Commissioner Roberts
seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the
public hearing, and with no one wishing to speak, closed the public hearing.. Mayor
Schreiber said city code is being changed to allow for other types of seawall
construction. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof
"yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber
"yes". Motion carried.
ORDINANCE NO. 0-2002-21
QUASI-JUDICIAL HEARINGS
13. AMENDMENT TO LAND USE ELEMENT OF CITY COMPREHENSIVE PLAN:
(TO1970) 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 163.3184 of the Florida Statutes, concerning a Land Use Plan
Amendment proposal by Holland and Knight, LLP to change the use of land described
as Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the
"Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as
recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida,
October 09, 2002
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located at the northwest corner of NW 64 Street and NW 74 Avenue, from Commercial
and Low -Residential to Medium -Residential (10-16 du/ac) through issuance of up to
100 flexibility units to allow for the construction of 115 residential units; comprising of
approximately seven (7) acres (Case No. 1-LUA-02); providing for amendment to the
Land Use Element to reflect such change; providing for conflicts; providing for
severability; and providing for an effective date. City Attorney Kraft read Temporary
Ordinance 1970 on second reading by title. Vice Mayor Portner seconded by
Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-
judicial procedures, and Attorney Gerald Knight waived his quasi-judicial rights on
behalf of the applicant. Community Development Director King gave a presentation
and noted there is a change in the ordinance regarding intensity as the 115 proposed
units would be amended to 86 with 61 flexibility units and 25 reserve units. With this
reduction, staff will work with the applicant on a site plan that will meet and exceed city
code. Mayor Schreiber said the reduction is 29 units and there will be less traffic.
Community Development Director King added the impact on schools would be
lessened. Mayor Schreiber opened the public hearing. Charles Bryant, Vanguard
Village spoke about traffic concerns. Tony Mijares, chairman of United Homes,
described the project and said he is willing to work with the community. Mayor
Schreiber said this is a site plan issue and tonight's hearing is regarding use. Mayor
Schreiber suggested the applicant work with staff and residents to resolve the traffic
issues. Discussion was held regarding street closures and utilization of University
Drive. Attorney Knight spoke about traffic comparisons if the property was developed
under current zoning and results of a traffic study commissioned by the applicant.
Commissioner Roberts suggested the developer meet with Community Development
Director King and residents before the site plan comes before the Commission.
Bernard Barrineau, Vanguard Village, Selene Leone, 7307 NW 60' Street, Sidney Liss,
Vanguard Village, Marcia Stein, 6321 NW 74`' Ave., Lori Lazaro, 6319 NW 74"' Ave.,
Chris DiRocco, 7302 NW 64" Ct., and Tillie Zipper, 6303 NW 72nd Ave., spoke about
traffic concerns. With no one else wishing to speak, Mayor Schreiber closed the public
hearing. Vice Mayor Portner seconded by Commissioner Roberts moved to amend
Temporary Ordinance 1970 by substitution of the following language as recommended
by Community Development Director King: "through issuance of sixty-one (61) flexibility
units and a maximum of twenty-five (25) reserve units to allow for the construction of
eighty-six (86) residential units". On roll call Vice Mayor Portner voted "yes",
Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Mishkin
"yes" and Mayor Schreiber "yes Motion carried. Vice Mayor Portner seconded by
Commissioner Roberts moved approval of Temporary Ordinance 1970, as amended.
On roll call Vice Mayor Portner voted "yes", Commissioner Roberts "yes",
Commissioner Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes".
Motion carried.
ORDINANCE NO. 0-2002-22
14. AMENDING PRIOR ZONING — FORT LAUDERDALE TRUCK FARMS
SUBDIVISION PLAT: (TO1978) Motion to adopt Ordinance on second readies
amending prior zoning of certain real estate property (a/k/a: Fort Lauderdale Truck
Farms Subdivision Plat) from B-6 (Business District) and R-1 C (Single -Family
Residential District) to R-4A (Planned Apartment Residential District); lands commonly
October 09, 2002
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known as Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of
the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as
recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida,
located at the northwest corner of NW 64 Street and NW 74 Avenue (Case No. 12-Z-
02); providing for amendment of the official zoning map to reflect such change. City
Attorney Kraft read Temporary Ordinance 1978 on second reading by title. Vice Mayor
Portner seconded by Commissioner Roberts moved approval. City Attorney Kraft
explained the quasi-judicial procedures, and Attorney Gerald Knight waived his quasi-
judicial rights on behalf of the applicant. 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 Portner voted "yes",
Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-23
15. SPECIAL EXCEPTION — MILANO'S BAKERY: (TR9873) Motion to approve
Resolution granting a Special Exception to allow the expansion and operation of the
existing Milano's Bakery into the adjacent 2,600 square foot bay in a B-2 (Community
Business District) zoning category, located at 7120 North University Drive in the Jewelry
Exchange Center, specifically Parcel "A" of the "McNab Plaza North" Plat, according to
the Plat thereof as recorded in Plat Book 111, Page 2 of the Public Records of Broward
County, Florida; (Case No, 16-Z-02). City Attorney Kraft read Temporary Resolution
9873 by title. Vice Mayor Partner seconded by Commissioner Roberts moved approval.
City Attorney Kraft explained the quasi-judicial procedures, and Mario Milano, President
of Milano's Bakery, and Chris Sullivan, Property Manager and Leasing Agent, waived
their quasi-judicial rights. Community Development Director King gave a presentation
and noted concessions had been made by Milano's following the first hearing. Mayor
Schreiber questioned a letter he received this morning wherein Milano's Bakery agreed
to certain covenants regarding food sales. Commissioner Roberts and Vice Mayor
Portner expressed concerns about Mr. Milano agreeing to restrictions on sales and
Commissioner Sultanof questioned whether these covenants would remain intact if the
Jay's Bagels business was sold. City Attorney Kraft explained the temporary resolution
to be voted on does not include terms that might be included in a lease. Mayor
Schreiber asked if other businesses were allowed outside tables and also questioned
the parking. Community Development Director King responded. Mayor Schreiber
opened the public hearing and with no one wishing to speak, closed the public hearing.
On roll call Vice Mayor Portner voted "yes", Commissioner Roberts "yes",
Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "no".
Motion carried.
RESOLUTION NO. R2002-295
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
16. DEVELOPMENT REVIEW FEE SCHEDULE. (TR9850) Motion to approve
Resolution amending the Community Development Department's Development Review
October 09, 2002
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Fee Schedule to sufficiently cover the increasing administrative costs involved in the
processing of development applications for the City of Tamarac (Case No. 15--Z-02).
City Attorney Kraft read Temporary Resolution 9850, revision #1, by title. Vice Mayor
Portner seconded by Commissioner Sultanof moved approval. Community
Development Director King gave a presentation. Commissioner Roberts asked if Site
Plan (Minor Revised) applies to homeowners or developers and Community
Development Director King responded it is typically for developers. On roll call Vice
Mayor Portner voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-296
There being no further business to come before the Commission, Mayor Schreiber
adjourned the meeting at 9.25 p.m.
M
MARION SwE SON, CMC
CITY CLERK
LJ
October 09, 2002
11
r i
JOE SCHREIBER
MAYOR