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HomeMy WebLinkAbout2001-10-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC i REGULAR CITY COMMISSION MEETING WEDNESDAY OCTOBER 10, 2001 CALL TO ORDER: Mayor Schreiber called the regular City Commission meeting to order at 7:00 p.m. on Wednesday, October 10, 2001, in Chambers, at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Gertrude Mishkin, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. Mayor Schreiber called for the pledge of allegiance. City Manager Miller introduced Michael Cernich, the new Assistant City Manager, and said Mr. Cernich would begin work on October 29'h PRESENTATION by Mayor Schreiber of a proclamation proclaiming the week of October 21- 27, 2001 as "National Pharmacy Week". Arthur Goldglantz accepted. 1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming the week of October 21-27, 2001 as "World Population Awareness Week". Public Information Officer Lucy Crockett accepted. 2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming the month of October 2001 as "National Breast Cancer Awareness Month". Benefits Coordinator Kim Frisbie accepted. 3. PRESENTATION by Mayor Schreiber of a proclamation proclaiming October 15-19, 2001 as National School Lunch Week. School Board member Stephanie Kraft accepted and said there are two elementary schools in Tamarac, and she looked forward to Tamarac's participation in school lunch week. 4. PRESENTATION by Mayor Schreiber of a proclamation proclaiming October 2001 as "Domestic Violence Awareness Month". Christine Thrower accepted and thanked everyone on behalf of Women in Distress. 5. PRESENTATION by Mayor Schreiber of a proclamation proclaiming October 21-27, 2001 as Florida City Government Week and October 22, 2001 as City Government Day. Public Information Officer Lucy Crockett accepted, and said the City would be observing City Government Day on October 22w, and hosting students from Taravella High School. October 10, 2001 1 6. PRESENTATION of the Florida American Planning Association Merit Award for the City - of Tamarac Five -Year Economic Development Strategy. Linda Fryer presented the award to Community Development Director Chris King and Economic Development Manager Tammy Holguin. 7. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street, Tamarac, spoke about several area cities expressing objection to service by AT&T Broadband, and he noticed that Tamarac did not participate in the group. Frank Marciello, 8001 NW 72 Street, Tamarac, expressed dissatisfaction with the Building Department regarding a problem he had with roof repairs. City Manager Miller said he spoke with Mr. Marciello previously and explained to him that this was a problem between Mr. Marciello and the roofer, the City was not at fault, and City Manager Miller said he would update the Commission on Mr. Marciello's problems. Marc Garr, 9496 S Belfort Circle; 7614 NW 99 Street, Tamarac, said he would provide the Commissioners with the address of an attorney for the Sheriffs department so they could send a letter to him in support of salary increases for the Broward Sheriffs if they so desired. REPORTS 8. City Commission: Commissioner Roberts welcomed the new Assistant City Manager and wished him luck. Commissioner Roberts said she is still collecting tennis balls for the elementary schools, and there will be photographs included in the next issue of the Tam -A - Gram. So far 4,500 tennis balls have been collected, and 4,000 are still needed. Commissioner Roberts said Triad is collecting used cell phones and batteries for a program to distribute the phones to people who are disabled and to victims of domestic violence so that they can call 9-1-1. Commissioner Roberts said she heard water restrictions have been lifted, yet Tamarac and the County still have an ordinance in effect that says it is unlawful to water lawns between 9:00 a.m. -- 5:00 p.m. weekdays. City Manager Miller said this would be brought up at the next workshop session, and until the ordinance is amended, water restrictions stand in Tamarac. Commissioner Portner said he is on the World War II Florida Memorial Trust Fund Board, and because of Tamarac's generosity, five other cities have each donated $1,000, for a total donation of $6,000, Commissioner Portner reminded everyone of the brandy snifter which is in the customer service office, and said he would like to see it filled with dollar bills, and would like to see a total of $55,000 collected. Commissioner Portner said the City would make a contribution. Commissioner Partner welcomed the new Assistant City Manager. Vice Mayor Sultanof said he would like to see the Temporary Ordinance adding the Prisoners of War to the Veterans' Affairs Committee passed on second reading. Vice Mayor Sultanof said he is proud of the country and the men and women who fought for it; God bless the country and America. Vice Mayor Sultanof welcomed the new Assistant City Manager. Commissioner Mishkin welcomed the new Assistant City Manager and said she hoped he would be happy in our wonderful City. October 10, 2001 2 Mayor Schreiber welcomed the new Assistant City Manager, and said this City has become a training site for many employees who have moved up in their careers. 9. City Attorney: City Attorney Kraft thanked the Commission for inviting Stephanie Kraft to accept the School Lunch Week proclamation. 10. City Manager: City Manager Miller reported that the annual Tamarac Fire Department open house will be held on Saturday, October 13, 2001, from 10:00 a.m. — 2:00 p.m. City Manager Miller said flu shots were given out at the Tamarac Community Center yesterday, in conjunction with University Hospital. The City and Hospital were not prepared for the large turnout, and will try to schedule another day to continue the program. The "American Spirit" program will be held on Wednesday, October 17, 2001, from 7:00 p.m. -- 9:00 p.m. at the Tamarac Community Center. There will be inspirational and historical readings, music, and activities for children. CONSENT AGENDA 11. Commissioner Portner seconded by Vice Mayor Sultanof moved to remove item 11(c) from the consent agenda until further notice. On roll call, Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Roberts seconded by Commissioner Portner moved to remove item 11(q) from the consent agenda for discussion. On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Partner seconded by Commissioner Roberts moved approval of all items on the consent agenda, except for item 11(c), which was removed until further notice, and item 11(q), which was removed for discussion. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". a. APPROVE the minutes of the September 26, 2001 Regular Commission meeting. APPROVED b. TAMARAC 2002: (TR9546) Adopting the goals of the "Tamarac 2002: A Strategic Focus for the City of Tamarac" document. RESOLUTION NO. R2001-278 C. LOBBYIST SERVICES AGREEMENT: (TR9547) Executing an agreement between the City of Tamarac and Mitchell Ceasar for lobbying services. REMOVED FROM THE CONSENT AGENDA UNTIL FURTHER NOTICE d. GRANT APPLICATION - GREENWAYS & TRAILS: (TR9551) Executing the Florida Greenways and Trails Program Acquisition Grant application to the Florida Department of Environmental Protection for $1,000,000 in funding for the acquisition of Parcel R. RESOLUTION NO. R2001-279 October 10, 2001 3 e. RECREATION DEVELOPMENT ASSISTANCE PROGRAM: (TR9552) Executing the Florida Recreation Development Assistance Program (FRDAP) grant application to the Florida Department of Environmental Protection in the amount of $200,000 for the acquisition of "Parcel R". RESOLUTION NO. R2001-280 f. SOUTHGATE VILLAGE - WATER AND SEWER UTILITY EASEMENT: (TR9526) Executing a "Tamarac Water and Sewer Utility Easement" with Centex Homes for the bouthgate Village Project, formerly Woodmont Gardens located at 8700 Southgate Boulevard, to allow legal access by city utility personnel for installing, maintaining, and operating the water distribution and sewage collection systems; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-281 g. SOUTHGATE VILLAGE, PUBLIC UTILITYEASEMENT: (TR9527) Executing a Public Utility Easement with Centex Homes for the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-282 h. SOUTHGATE VILLAGE, BLANKET PUBLIC SAFETY INGRESS/EGRESS_ EASEMENT: (TR9528) Executing a Blanket Public Safety Ingress/Egress Easement with Centex Homes for the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard, 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. R2001-283 i. SOUTHGATE VILLAGE ASSIGNMENT, ACCEPTANCE TO ASSIGNMENT. AND ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT: (TR9529) Approving an Assignment of the Water and Sewer Developer's Agreement with New Urban Southgate, L.L.C., for the Southgate Village Project, formerly Woodmont Gardens, to Centex Homes; approving an Acceptance to Assignment executed by Centex Homes; approving and executing an Acknowledgement of Agreement and Consent to Assignment between New Urban Southgate, L.L.C., and Centex Homes for the Southgate Village Project located at 8700 Southgate Boulevard; authorizing and directing the City Clerk to record said documents in the public records of Broward County. RESOLUTION NO. R2001-284 j. BEDDING BARN - BILL OF SALE ABSOLUTE: (TR9530) Accepting a Bill of Sale Absolute from Lawrence B. Crone for the Water Distribution System Improvements for the Bedding Barn Project, located at 8201 West Commercial Boulevard, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-285 k. BEDDING BARN - WATER UTILITY EASEMENT: (TR9531) Executing a "Tamarac Water Utility Easement" with Lawrence B. Crone for the Bedding Barn Project, located October 10, 2001 4 at 8201 West Commercial Boulevard, to allow legal access by 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. R2001-286 I. DAVID'S CUSTOM CATERERS - PERFORMANCE BOND RELEASE: (TR9535) Releasing a Public Improvement Performance Bond in the form of Check #4775 in the amount of $5,296.00 for the Water Distribution System Improvements installed by Sprinklermatic Automatic Fire Sprinklers, Inc., for the David's Custom Caterers Project located at 6501 West Commercial Boulevard; waiving the requirement for the receipt of a one year warranty bond. RESOLUTION NO. R2001-287 M. PURCHASE OF CHLORINE: (TR9524) 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 FY02 not to exceed $30,000 with funding from the appropriate Utilities Operational Account. RESOLUTION NO. R2001-288 n. AGREEMENT - BANKING SERVICES: (TR9541) Executing the agreement for banking services (Agreement No. 01-11R) between the City of Tamarac and First Union National Bank of Florida for general banking services including the Repurchase Master Agreement. RESOLUTION NO. R2001-289 o. AGREEMENT RENEWAL - QUICK LIME: (TR9542) Approving the first renewal of the contract with Chemical Lime Company for a period of one year, based on Bid #01-02B entitled "Furnish, Deliver and Discharge of Quicklime" and issued on behalf of the Southeast Florida Governmental Purchasing Cooperative. RESOLUTION NO. R2001-290 P. AGREEMENT RENEWAL - MEDICAL DIRECTOR: (TR9490) Renewing an agreement with L. Scott Ulin Emergency Medial Services, Inc. for Medical Director for a two (2) year term, commencing on October 1, 2001 and expiring September 30, 2003 at an amount not to exceed twenty eight thousand dollars ($28,000.00) per year for a total of fifty six thousand dollars ($56,000.00). RESOLUTION NO. R2001-291 q. REMETERING AGREEMENT - TURNPIKE CENTER ASSOCIATES: (TR9548) Executing a Remetering Agreement with Turnpike Center Associates, for the Palm Island Club Apartments to allow remetering of the water service for the purpose of allocation of the direct cost of water and sewer service among multiple users subject to the terms of the applicable developer's agreement and in accordance with City Code Section 22-30, "Limitations of Use". REMOVED FROM CONSENT AGENDA FOR DISCUSSION r. AGREEMENT — AETNA U.S. HEALTHCARE: (TR9549) Executing a contract for the City's health insurance program with AETNA US Healthcare for the plan year effective January 1, 2002; providing for the continuation of the current cost allocation of the health insurance premium between the City and employees; providing for a waiver reimbursement maximum; approving the appropriate budgetary transfer of funds. RESOLUTION NO. R2001-292 October 10, 2001 5 S. INTERLOCAL AGREEMENT - BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD: (TR9463) Executing an Interlocal Agreement between Broward County and the City of Tamarac providing for hearings by the Broward County Minimum Housing/Unsafe Structures Board at a cost of $150.00 per noticed case plus associated costs. RESOLUTION NO. R2001-293 END OF CONSENT AGENDA 11(q), REMETERING AGREEMENT - TURNPIKE CENTER ASSOCIATES: (TR9548) Executing a Remetering Agreement with Turnpike Center Associates, for the Palm Island Club Apartments to allow remetering of the water service for the purpose of allocation of the direct cost of water and sewer service among multiple users subject to the terms of the applicable developer's agreement and in accordance with City Code Section 22-30, "Limitations of Use". Commissioner Portner seconded by Vice Mayor Sultanof moved approval. Commissioner Roberts asked if the remetering was for a new or existing apartment building. Utilities Director Ray Gagnon said it is for an existing facility. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "no", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-294 REGULAR AGENDA 12. MOTION TO REMOVE TEMPORARY ORDINANCE 1935 FROM THE TABLE AND SET A HEARING DATE FOR NOVEMBER 14, 2001 AT OR AFTER 7:00 P.M.: (TO1935) AMENDING PRIOR ZONING OF CERTAIN REAL ESTATE PROPERTY FROM B-6 (BUSINESS DISTRICT) TO B-2 (COMMUNITY BUSINESS DISTRICT): 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. TABLED AT THE SEPTEMBER 12, 2001 REGULAR CITY COMMISSION MEETING. Commissioner Roberts seconded by Vice Mayor Sultanof moved to remove Temporary Ordinance 1935 from the table and set a hearing date for November 14, 2001 at or after 7:00 p.m. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES— SECOND READINGS 13, AMENDING CHAPTER 13 - MISCELLANEOUS OFFENSES: (TO1940) Motion to adopt Ordinance on second 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 October 10, 2001 6 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 second reading by title. Vice Mayor 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 Vice Mayor Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". ORDINANCE NO. 0-2001-16 14. AMENDING CHAPTER 4 - ANIMALS: (TO1938) Motion to adopt Ordinance on second 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 second reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO.0-2001-17 15. AMENDING SECTION 15-86 OF THE TAMARAC CODE — ANIMALS, PETS: (TO1939) Motion to adopt Ordinance on second readies 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 1939, Revision #5, on second reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Commissioner Roberts confirmed that the primates are only for use by handicapped persons, and City Attorney Kraft said the ordinance is in force for primates providing a service. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Partner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO.0-2001-18 16. AMENDING CHAPTER 4, ARTICLE 1, SECTION_4-5: (TO1950) Motion to adopt Ordinance on second 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 second reading by title. Vice Mayor Sultanof seconded by Commissioner Mishkin moved approval. Mayor Schreiber expressed concern over the wording of the ordinance, and City Attorney Kraft said the way the ordinance is written contemplates food being left outside. Code Enforcement Manager Cindy Diemer said the intent of the ordinance is to eliminate possible events of the past where people left excessive amounts of food out and it attracted other wildlife. Code Enforcement Manager October 10, 2001 7 Diemer said the intent of the ordinance is to eliminate attractive nuisances. Vice Mayor Sultanof said there were reports of rabid animals and leaving food out increases the possibility of them coming into the communities. Commissioner Roberts said she did not feel an ordinance was needed to educate the residents, and she received calls asking the Commission to vote against the ordinance. Commissioner Partner asked if people would be arbitrarily penalized and Code Enforcement Manager Diemer said they would not. The ordinance would give Code Enforcement a tool to rectify the situation. Mayor Schreiber opened the public hearing. Walter Coghlin, 4806 NW 49 Court expressed concern about more city coFrtrol. Burt Schneider, 8016 NW 72 Street suggested using the word "may" instead of "shall". There being no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", Commissioner Roberts "no", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2001-19 17. AMENDING CHAPTER 2 OF THE CODE — ADDING THE AMERICAN EX - PRISONERS OF WAR: (TO1951) Motion to adopt ordinance on second 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 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 Partner voted "yes", Vice Mayor Sultanof "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2001-20 QUASI-JUDICIAL HEARINGS 18. AMENDING PRIOR ZONING - FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 PLAT: (TO1941) Motion to adopt Ordinance on second 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. City Attorney Kraft read Temporary Ordinance 1941, Revision #1, on second reading by title. Commissioner Roberts seconded by Commissioner Portner moved approval. City Attorney Kraft explained the quasi- judicial procedures and waived the formalities on behalf of the City. 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 Commissioner Roberts voted "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO.0-2001-21 October 10, 2001 8 19. REVISED DEVELOPMENT ORDER NO, 057.1 AND MAJOR REVISED SITE PLAN - HESS GAS STATION: (TR9518) Motion to approve Resolution issuing Revised Development Order No. 057.1 and Major Revised Site Plan approval for Hess Gas Station to allow the conversion of an existing 2,160 square foot gasoline service station with retail and auto repair to solely retail, and increase the number of fueling positions from six (6) to twelve (12), located at 8550 North University Drive, specifically a portion of Lot 1, Block 12 of the "Lyons Commercial Subdivision No. 3" Plat, according to the Plat thereof as recorded in Plat Book 76, Page 31 of the Public Records of Broward County, Florida; pursuant to Chapter 10 of the Code of Ordinances of the City of Tamarac; Case No. 23-SP-01. City Attorney Kraft read Temporary Resolution 9518, Revision #1, by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedure, and Richard Coker, Attorney for the applicant, waived the quasi-judicial formalities. Community Development Director King gave a presentation. Mayor Schreiber asked about the configuration of the fueling stations and the hours of operation, and Mr. Coker said they would be multiple fuel dispensers and hours of operation are the same as provided for in the Special Exception. Commissioner Portner asked why the pumps are being changed to run east/west and the reason for 12 pumps. Mr. Coker said it is because of access and more pumps help with accessibility for the public. Commissioner Portner asked about the difference between a Hess Station and a Hess Express Station. Mr. Coker explained that Hess Express is the name for the convenience store. Commissioner Roberts asked if people would be able to get in from Southgate Boulevard and Mr. Coker said they would. Commissioner Roberts said she did not approve of the green roof, and Mr. Coker explained many compromises were made but the company wanted some semblance of recognition, and wanted to keep the green roof. Commissioner Roberts asked about the auto mechanic operation of the present station and Mr. Coker replied that the owner of the current station is moving to another location. Vice Mayor Sultanof said he hoped this station would be similar to the one in Pembroke Pines. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72 Street, spoke in opposition to the Hess Station and convenience store. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor Sultanof voted- "yes", Commissioner Roberts "no", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-295 20. AMENDING RESTRICTIVE 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. TABLED FROM THE SEPTEMBER 26, 2001 MEETING. City Attorney Kraft read Temporary Resolution 9521 by title. Commissioner Portner seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedure, and David Rohal, CCL Consultants, waived his quasi-judicial rights on behalf of Centex Homes. Community Development Director King gave a presentation. Commissioner October 10, 2001 9 Portner asked why there was a problem paying the fees, and Community Development Director King said when the property was sold, the new owner was unaware of the fees due in time for the last meeting. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72 Street asked if Centex was the new owner of the property and when the sale took place. Community Development Director King said the property was sold after the site plan was approved. Commissioner Roberts asked if all conditions transferred to the new owner, and Community Development Director King said they did. Richard Robbins, Woodmont Country Club, spoke in favor of the development. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-296 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the Regular City Commission meeting at 8:35 p.m. Y-411je,6 MA_RION SW NSON, CMC CITY CLERIC CITY OF TAMARAC APPROVED AT MEETING OF October 10, 2001 10 w 1 11 1