HomeMy WebLinkAbout2001-11-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY NOVEMBER 28, 2001
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:00 a.m. on November 28, 2001, in Chambers at Tamarac City Hall, 7525
NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner
Edward C
Roberts.
Portner, Commissioner Gertrude Mishkin, and Commissioner Karen L.
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. PUBLIC PARTICIPATION: - Robert Franklin, 4970 E Sabal Palm Boulevard,
Tamarac, FL, thanked the Commission for the sidewalk at Lakes of Carriage Hills.
RFPnRTR
2. City Commission: Commissioner Roberts had no report.
Commissioner Portner said Tamarac is losing a valuable employee to retirement, and
thanked Code Enforcement Manager Cindy Diemer for all the work she has done for
the City of Tamarac.
Vice Mayor Sultanof said the Turkey Trot was fantastic, and bigger than last year, and
congratulated Parks and Recreation Director Margoles and staff for their efforts. Vice
Mayor Sultanof said it has been a pleasure working with Ms. Diemer and wished her
good luck.
Commissioner Mishkin thanked Ms. Diemer for her efforts and good work.
Mayor Schreiber said the Turkey Trot was a successful event. Mayor Schreiber wished
Ms. Diemer good fortune in her move upstate; he appreciates all the work she has done
for Tamarac, and has been instrumental in making the department what it is today.
Mayor Schreiber reported that he attended a Lauderhill Commission meeting, at which
time State Farm Insurance Company presented both Tamarac and Lauderhill a check
for $20,000, to be used for a traffic study at University Drive and Commercial
Boulevard.
3. City Attorney: City Attorney Kraft had no report.
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4. City Manager: City Manager Miller said there would be a luncheon scheduled for
Ms. Diemer, the date and time to be announced. City Manager Miller reported that the
Fire Department collected and delivered food to 14 families in Tamarac prior to
Thanksgiving. Tamarac received referrals for over 80 families; however, only 14
accepted the offering of food. The Fire Department will begin their toy drive for needy
children in the community. Parks and Recreation said there were 645 participants in
the 215t Annual Turkey Trot, and City Manager Miller congratulated Beth Goodwin
overall winner for the females, and Andrew Greenridge, overall winner for the males.
Parks and Recreation will feature the artwork of Charles Gibson in December. There
will be a meet and greet for Mr. Gibson on December 3rd, from 6-7 p.m. The Holiday
Lighting Ceremony will be held on Thursday, November 29t" at 6:00 p.m. at the
Tamarac Community Center, with a special presentation by the Tamarac Elementary
Signing Chorus, and a free holiday concert. A holiday craft fair will be held December
1-2 from 9:00 am. — 4:00 p.m. at the Tamarac Community Center. Applications for the
Sponsor a Senior For the Holidays Program are available at the Tamarac Community
Center and the Recreation Center. On December 3rd seniors will be paired with their
"families". Personnel reports that open enrollment for benefit coverage is completed,
and this is the earliest it has been completed to date. The enrollment went very
smoothly during the convergence to a new carrier. City Manager Miller reported that
there was rain damage at Satellite City Hall, but the facility has reopened, and the City
will seek compensation from the property owner for damages incurred.
CONSENT AGENDA
5. 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 November 8, 2001 Special Commission meeting.
APPROVED
b. APPROVE the minutes of the November 14, 2001 Regular Commission meeting.
APPROVED
C. PERFORMANCE BOND RELEASE - INTOWN SUITES: (TR9581) Releasing a
Public Improvement Performance Bond in the form of Surety Bond #B295 57 66
from Reliance Insurance Company in the amount of $45,652.00, subject to the
receipt of a one-year Warranty Bond in the amount of $24,241.88 for the Water
Distribution and Sewage Collection System improvements installed for the
Intown Suites Project located at 8191 West Commercial Boulevard.
RESOLUTION NO. R2001-338
d. PERFORMANCE BOND RELEASE - WESTPOINT CENTRE LOOP ROAD:
(TR9582) Releasing a Public Improvement Performance Bond in the form of
Surety Bond #21 BCSAN8778 from Hartford Insurance Company in the amount
of $254,689.00, subject to the receipt of a one-year Warranty Bond in the
amount of $73,305.25 for the Water Distribution and Sewage Collection System
Improvements installed for the Westpoint Centre Loop Road Project located in
Land Section 7, west of Hiatus Road and north of Commercial Boulevard.
RESOLUTION NO. R2001-339
November 28, 2001
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e. ASSIGNMENT, ACCEPTANCE TO ASSIGNMENT AND
ACKNOWLEDGEMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT -
CONVERGYS OFFICE BUILDING: (TR9583) Approving an Assignment of the
Water and Sewer Developer's Agreement with Higgins Development Partners,
L.L.C., for the Convergys Office Building Project to Westpoint Building No. 1,
L.L.C.; approving an Acceptance to Assignment executed by Westpoint Building
No. 1, L.L.C.; approving and executing an Acknowledgement of Agreement and
Consent to Assignment between Higgins Development Partners, L.L.C., and
Westpoint Building No. 1, L.L.C., for Convergys Office Building Project located at
5601 Hiatus Road; authorizing and directing the City Clerk to record said
documents in the public records of Broward County.
RESOLUTION NO. R2001-340
f. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS
AGREEMENT - WESTPOINT DISTRIBUTION CENTRE I PROJECT: (TR9393)
Accepting and executing a Utility Easement Encroachment and Hold Harmless
Agreement with 5607 Hiatus Road Building, L.L.C., for sidewalks, curbing and
landscaping placed within utility easements on the Westpoint Distribution Centre
I Project site located at 5607 Hiatus Road; authorizing and directing the City
Clerk to record said agreement in the public records of Broward County.
RESOLUTION NO. R2001-341
g. PERFORMANCE BOND RELEASE - UNIVERSITY HOSPITAL & MEDICAL
CENTER ER/OR/MRI PROJECT: (TR9590) Releasing a Public Improvement
Performance Bond in the form of Surety Bond #190630143 from National Fire
Insurance Company of Hartford in the amount of $62,185.00, subject to the
receipt of a one-year Warranty Bond in the amount of $24,041.25 for the Water
Distribution and Sewage Collection System improvements installed for the
University Hospital & Medical Center ER/OR/MRI Project located at 7201 North
University Drive.
RESOLUTION NO. R2001-342
h. PERFORMANCE BOND RELEASE - ALAZHAR SCHOOL: (TR9591) Releasing
a Public Improvement Performance Bond in the form of an Irrevocable Standby
Letter of Credit #3028817 from Bank of America in the amount of $25,000.00,
subject to the receipt of a one-year Warranty Bond in the amount of $6,050.00
for the Water Distribution and Sewage Collection System improvements installed
by Alazhar School, Inc., for the Alazhar School Project located at 7201 West
McNab Road.
RESOLUTION NO. R2001-343
i. PURCHASE OF A FORD EXPLORER SPORT UTILITY VEHICLE: (TR9586)
Approving the purchase of a Ford Explorer Sport Utility Vehicle from Gus
Machado Ford, at a cost not to exceed $25,415.00, utilizing the Florida Sheriffs
Association and Florida Association of Counties Bid #01-09-0904; approving
funding from the appropriate Parks and Recreation account.
RESOLUTION NO. R2001-344
j. VACATION OF RIGHT-OF-WAY — "KINGS POINT COMMERCIAL PARK":
(TR9603) Vacating a Turn Lane Right -of -Way (R.O.W.) on Nab Hill Road for the
Catalina Lakes Development proposed to be located at the southwest corner of
Nab Hill Road and NW 80th Street, specifically 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, to allow the
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vacation of Turn Lane Right -of -Way on Nob Hill Road (Case No. 8-P-01).
RESOLUTION NO. R2001-345
k. PARTNERSHIP - HEARTS N' PARKS PROGRAM: (TR9612) Executing a
Partnership Contract between the City of Tamarac and the National Recreation
and Parks Association relating to the Hearts N' Parks Program.
RESOLUTION NO. R2001-346
I. BROWARD COUNTY CHALLENGE GRANT - CAPORELLA PARK: JR9610)
Accepting an award from the Broward County Challenge Grant Program in the
amount of $229,424.00 for Caporella Park; authorizing the appropriate City
Officials to execute an agreement between the City of Tamarac and Broward
County for the Broward County Challenge Grant program in the amount of
$229,424.00; amending the annual grants fund budget of estimated revenues
and expenditures in the amount of $229,424.00.
RESOLUTION NO. R2001-347
M. BROWARD COUNTY CHALLENGE GRANT PROGRAM - MCNAB PARK:
(TR9611) Accepting an award from the Broward County Challenge Grant
program in the amount of $500,000.00 for McNab Park; authorizing the
appropriate City Officials to execute an agreement between the City of Tamarac
and Broward County for the Broward County Challenge Grant program in the
amount of $500,000.00; amending the annual grants fund budget of estimated
revenues and expenditures in the amount of $500,000.00.
RESOLUTION NO. R2001-348
n. LYONS COMMERCIAL SUBDIVISION TURN LANE: (TR9589) Executing a
Conveyance of Right -of -Way with NYCH Partners, Ltd., for the Lyons
Commercial Subdivision Turn Lane on Commercial Boulevard for lots 3-8, Block
9 project located on the north side of Commercial Boulevard between Pine
Island Road and NW 91 st Avenue; authorizing and directing the City Clerk to
record said document in the public records of Broward County.
RESOLUTION NO. R2001-349
END OF CONSENT AGENDA
REGULAR AGENDA
6. INTERLOCAL AGREEMENT - OAK TREE EXECUTIVE BUILDING: (TR9473)
Motion to approve Resolution approving and executing the Interlocal Agreement
between the Cities of Tamarac and Fort Lauderdale and Keith & Ballbe', Inc. for the
development of Oak Tree Executive Building; Case No. 21-MI-01. City Attorney Kraft
read Temporary Resolution 9473 by title. Commissioner Portner seconded by
Commissioner Roberts moved approval. Commissioner Portner said he could not
understand the fact that the property lies in both Ft. Lauderdale and Tamarac, and
neither would consider giving up their share of the property to the other city. Mayor
Schreiber suggested Commissioner Portner speak to Mayor Naugle regarding this
matter to see if he can get it resolved. 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. R2001-350
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PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
7, COMMUNITY DEVELOPMENT PROGRAMS CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER FY-2000): (TR9573) Motion to
approve resolution approving the Consolidated Annual Performance Evaluation Report
(CAPER FY2000) for submittal to the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) program for HUD'S
fiscal year 2000; Case No. 36-MI-01. City Attorney Kraft read Temporary Resolution
9573 by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved
approval. Code Enforcement Manager Cindy Diemer 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", Vice Mayor Sultanof
"yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R2001-351
QUASI -.JUDICIAL HEARINGS
8. REVISED DEVELOPMENT ORDER - OAK TREE EXECUTIVE BUILDING:
(TR9435) Motion to approve Resolution issuing Revised Development Order No. 003.2
and granting New Development Site Plan approval to Oak Tree Executive Building to
allow the construction of a 10,388 square foot office building with associated parking,
landscaping and infrastructure improvements, including a Parking Waiver to allow the
reduction in parking stall width of fifty (50) parking spaces from ten (10') feet to nine (9')
feet; located at the 2200 Block of Prospect Road; specifically a portion of Lot 2 of the
"Golfview Plaza" Plat, according to the Plat thereof as recorded in Plat Book 121, Page
3 of the Public Records of Broward County, Florida; Case No. 38-SP-00; providing for
conditions of approval. City Attorney Kraft read Temporary Resolution 9435, Revision
1, by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval.
City Attorney Kraft explained the quasi-judicial procedures, and Jonathan Keith waived
his quasi-judicial rights. Community Development Director King gave a presentation.
Commissioner Roberts said perhaps it was time to change the code so there would not
be so many requests for parking waivers, and Community Development Director King
said the Community Development Department is in the process of revising various
sections of the code, one of which is Chapter 24. Commissioner Roberts asked if there
was a rendering of the building, and Community Development Director King said there
was. Vice Mayor Sultanof said he is delighted to see a monument sign with the
address displayed. Mayor Schreiber questioned the benefit by waiving 50' worth of
parking spaces, and Community Development Director King said at this point the
developer would like to make sure there are enough parking spaces for the clients that
might make use of the building. Mayor Schreiber opened the public hearing. Wally
Coghlin, 4806 NW 49 Court said by taking away one foot from each parking space,
there would not be enough space for the larger vehicles to park. Mayor Schreiber
agreed the policy is too liberal. Herb Hayes, 6607 NW 93 Avenue asked about the
taxes and emergency services. City Attorney Kraft said there are separate folio
numbers for the property and each city collects that part of the tax for the property in
their area. Additionally, the interlocal agreement addresses services. Commissioner
Portner said he would speak with Mayor Naugle regarding the issue of joint ownership
November 28, 2001
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of the property. There being no one else wishing to speak, Mayor Schreiber 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.
RESOLUTION NO. R2001-352
9. AMENDING NOTE - KINGS POINT COMMERCIAL PARK PLAT: (TR9606)
Motion to adopt Resolution approving a delegation request to amend the note on the
"Kings Point Commercial Park" Plat which currently restricts the property to 93,000
square feet of commercial use to reflect the future development of eighty-seven (87)
residential townhouse units on the subject property, specifically 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 Nab Hill Road and NW 80th Street (Case No. 7-P-01). City Attorney Kraft
read Temporary Resolution 9606 by title. Vice Mayor Sultanof seconded by
Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial
procedures, and Attorney Gerald Knight, representing the applicant, waived his quasi-
judicial rights. Community Development Director King gave a presentation. Vice Mayor
Sultanof asked if this had been presented to the County, and Mr. Knight said it would
appear before the County on December 4th. 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.
RESOLUTION NO. R2001-353
10. DELEGATION REQUEST TO AMEND NON -VEHICULAR ACCESS LINE —
"KINGS POINT COMMERCIAL PARK": (TR9602) Motion to approve Resolution
approving a Delegation Request to amend the non -vehicular Access Line (NVAL) by
deleting the access opening provided along Nob Hill Road, specifically Parcel "A" of the
"Kings Point Commercial Park" Plat, according to the Plat thereof as recorded in Plat
Book 150, Page 9 of the Pubic Records of Broward County, Florida (Case No. 9-P-01).
City Attorney Kraft read Temporary Resolution 9602 by title. Vice Mayor Sultanof
seconded by Commissioner Roberts moved approval. City Attorney Kraft explained the
quasi-judicial procedures, and Attorney Gerald Knight, representing the applicant,
waived his quasi-judicial rights. Community Development Director King gave a
presentation, and Mayor Schreiber questioned how the roads lined up, and the affect
on Lombardy and Exeter. Community Development Director King said this was
addressed at the public hearing and he met with the president of Lombardy to discuss
the access points. Additionally, the site plan has been sent to the traffic engineers, and
they are reviewing it for safety. Vice Mayor Sultanof expressed his concerns about left
and right turns at that site, and said the problem needs to be addressed. 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 Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R2001-354
11. SPECIAL EXCEPTION - LA TERRAZA RESTAURANT: (TR9604) Motion to
approve resolution granting a Special Exception to permit the on -site consumption of
alcoholic beverages (beer and wine) in a B-3 (General Business District) zoning
November 28, 2001
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category for La Terraza Restaurant, located at 8159 North Pine Island Road (Tamarac
Town Square), specifically a portion of the "Tamarac Town Square" Plat, according to
the Plat thereof as recorded in Plat Book 112, Page 1 of the Public Records of Broward
County, Florida (Case No. 25-Z-01); providing for conditions of approval. City Attorney
Kraft read Temporary Resolution 9604 by title. Vice Mayor Sultanof seconded by
Commissioner Roberts moved approval. City Attorney Kraft explained the quasi-judicial
procedures, and Betty Terreros and Julio Chaux waived their quasi-judicial rights.
Community Development Director King gave a presentation, and enumerated the
conditions of approval regarding the hours that beer and wine could be sold.
Commissioner Partner expressed his concerns about the proximity to the childcare
center, and spoke about restrictions on the signs in the windows. Mayor Schreiber said
the signs would not be prominent, and said restricting the applicants' ability to sell beer
and wine would hinder them from making a living. Commissioner Roberts said the
applicants had made a large concession by restricting their sales of beer and wine to
evening hours during the week and on weekends. She did not feel additional sign
restrictions were appropriate. Additionally, Commissioner Roberts said there are other
restaurants in the center that also sell beer and wine. 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 Partner
"yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO, R2001-355
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 9:50 a.m.
2 Z.,
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MARION S ENSON, CMC
CITY CLERK -
1
CITY OF TAMARAC
APPROVED AT MEEnNG OF ( 2. -12 - o I
November 28, 2001
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