HomeMy WebLinkAbout1999-01-27 - City Commission Regular Meeting Minutes1
CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, JANUARY 27 , 1999
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, January 27,1999, at 9:00 A.M. in the Commission Chambers of
Tamarac City Hall, 7525 Northwest 881h Avenue, Tamarac, FL
PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner
Karen L. Roberts, Commissioner John E. McKaye and Commissioner Marc L.
Sultanof
ALSO PRESENT: Robert S. Noe, Jr., City Manager, Mitchell S. Kraft, City
Attorney and Carol Gold City Clerk
INTRODUCTION
1. PRESENTATION by Mayor and City Manager recognizing City employees
5 years: Bonnie Bishop; Alvin Johnson; Harry Ozias; Francis Piri; Kurt
Schoenfelder; Gerardo Zepeda;
10 years: Adolfo Carpio; Ralph Colucci; Eugene Coty; Keith Fencl;
Anthony Spatola; Robyn Thalenfeld; Craig Turok; Philip
Yacobellis;
15 years: John Fletcher; Judith Yacobellis
City Manager Noe asked the employees to remain in the Chambers through his
report.
2. PRESENTATION by Mayor Schreiber of a proclamation to recognize Sam
and Nate Butters for their significant contributions in Economic Development
within the City of Tamarac. Sam and Nate Butters accepted.
3. PRESENTATION by Terri Sharp, Assistant Finance Director of Ft.
Lauderdale, of a certificate of achievement for excellence in financial reporting
awarded by the Government Finance Officers Association for the tenth
consecutive year to the City of Tamarac, Florida for its Comprehensive Annual
Financial Report for the fiscal year ended September 30, 1997. Finance
Director McGarrity accepted the award on behalf of the Finance Department and
recognized staff members Tessie Gross, Janet DeStefano, Bill Nealon and Angie
Losasso for their efforts.
4. PUBLIC PARTICIPATION: Mr. Dominic Arreau, Mainland Estates,
Tamarac Lakes spoke about Broward County and City of Tamarac utility bills.
REPORTS
5. City Commission: Commissioner Roberts thanked the Tamarac
Bulldogs for the plaque they presented to her. She reported that School Board
Member Stephanie Kraft told her the School Board found the money for the 12-
room addition to Tamarac Elementary School.
City Commission Meeting
January 27, 1999
Commissioner McKaye thanked everyone who helped him on his reelection bid.
Vice Mayor Mishkin congratulated Commissioner Sultanof on his reelection for a
second term and noted that Commissioner Sultanof has made a great
contribution to the Commission and to the City of Tamarac. Vice Mayor Mishkin
congratulated the employees who received service awards, and congratulated
Sam and Nate Butters for their efforts on behalf of the City of Tamarac, and
noted that the Butters' Construction Company also received the National Award
for Excellence. Vice Mayor Mishkin congratulated the Finance Department on
receipt of a certificate of achievement for excellence in financial reporting. He
reminded everyone that letters were sent out containing petitions for a new
school and asked members of the Presidents' Council to make sure the
residents signed and returned the petitions.
Commissioner Sultanof thanked everyone who helped and supported him, and
congratulated the staff. Commissioner Sultanof said Messrs. Butters have done
a magnificent job, and the City appreciates their efforts. Tamarac is on the
move, has a wonderful reputation and the atmosphere is that of a growing city.
Mayor Schreiber agreed with the Commissioners' comments, and said it is
encouraging to see so many people in the audience. The City is doing well and
we have a good administration made up of people who care and want to work.
6. City Attorney: City Attorney Kraft had no report.
7. Cily Manager: City Manager Noe said few cities can match the rapid
change and progress made by the City of Tamarac over the past 5 years, and
commended the Mayor, Vice Mayor, Commissioners, City Attorney and
Department Directors on their professionalism and leadership. The
institutionalization of good government began with the compilation of major
issues, and the second edition will be delivered in April, 1999. City Manager Noe
said public service is a noble profession, and he passes that challenge on to
every employee of the City of Tamarac, and thanked every employee for hard
work and dedication to the City.
Vice Mayor Mishkin thanked City Manager Noe for his kind words, and
congratulated him on his work. Vice Mayor Mishkin expressed his sympathy to
Public Works Director Verma on the loss of his mother.
Finance Director McGarrity made a presentation on the investment report, and
responded to questions from the Vice Mayor.
CONSENT AGENDA
8. Commissioner Sultanof, seconded by Vice Mayor Mishkin moved to remove
Item 8c from the consent agenda. On roll call, Commissioner Roberts voted "yes",
Commissioner McKaye "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof
"yes" and Mayor Schreiber "yes". Motion carried.
Commissioner Sultanof, seconded by Vice Mayor Mishkin moved to approve
all items on the consent agenda with the exception of item 8c. On roll call,
Commissioner McKaye voted "yes", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion
carried.
I
Fil
City Commission Meeting
January 27, 1999
a. APPROVE the minutes of the January 13, 1999 Commission meeting.
b. TEMPORARY ORDINANCE #8508, authorizing the appropriate City
Officials to seek grant funding from the Florida Department of
Transportation, in the amount of $75,000.00 for a total project cost of
$150,000.00 in order to provide landscape and irrigation improvements
along Commercial Boulevard; authorizing the City cash match of
$75,000.00 to be allocated from the Grants Matching Account.
RESOLUTION NO. R99-18
d. TEMPORARY RESOLUTION #8493, authorizing the appropriate City
Officials to 1) approve an assignment of the Water and Sewer Developer's
Agreement with McNab Joint Venture for the McNab Marketplace (Winn
Dixie) Project to SB University, LLC., NB University, LLC., and 3510531
Canada, Inc., 2) approve an Acceptance and Acknowledgement of
Agreement and Consent to Assignment executed by SB University, LLC., NB
University, LLC., and 3510531 Canada, Inc., and 3) approve and execute an
Acknowledgement of Agreement and Consent to Assignment between
McNab Joint Venture and SB University, LLC., NB University, LLC., and
3510531 Canada, Inc. for the McNab Marketplace (Winn Dixie) Project
located on the Northwest corner of McNab Road and University Drive.
RESOLUTION NO. R99-19
e. TEMPORARY RESOLUTION #8210, authorizing the appropriate City
Officials to accept and execute a Water and Sewer Developer's agreement
with Active Senior Living Residence, Inc., for the active Senior Residence
Project, located on the North side of NW 57" Street between NW 91 st Avenue
and Pine Island Road for one non-residential water and sewer building
connection and one dumpster connection requiring 23 ERC's for water and
24 ERC's for sewer; requiring the payment of $64,915.00 in CIAC fees.
RESOLUTION NO. R99-20
f. TEMPORARY RESOLUTION #8211, authorizing the appropriate City
Officials to accept and execute a "Tamarac Water and Sewer Utility
Easement" with Active Senior Living Residence, Inc., for the Active Senior
Living Residence Project located on the North side of NW 571h Street between
NW 91"Avenue and Pine Island Road to allow legal access by City Utility
Personnel for installing, maintaining, and operating the Water Distribution and
Sewage Collection System.
RESOLUTION NO. R99-21
3
City Commission Meeting
January 27, 1999
g. TEMPORARY RESOLUTION #8496, authorizing the appropriate City
Officials to accept and execute a "Tamarac Water and Sewer Utility
Easement" with Oceanic Rose Developers, Inc., for the Tamarac Island
Project, located on the South side of NW 77' Street between NW 75"
Avenue and NW 70 Terrace, to allow legal access by City Utility Personnel
for installing, maintaining, and operating the water distribution and sewage
collection systems.
RESOLUTION NO. R99-22
h. TEMPORARY RESOLUTION #8497, authorizing the appropriate City
Officials to execute a Public Utility Easement with Oceanic Rose
Developers, Inc., for the Tamarac Island Project, located on the South
side of NW 771h Street between NW 75" Avenue and NW 70 Terrace.
RESOLUTION NO. R99-23
i. TEMPORARY RESOLUTION #8501, authorizing the appropriate City
Officials to accept and execute a Quit Claim Deed with Lennar Land
Partners and Lennar Homes, Inc. for retention areas "A" through "G" in
the Weldon Homes Project, located on the Northeast corner of NW 96'h
Avenue and 77'h Street, required to allow legal access by City Personnel
for maintaining the Surface Water Management System.
RESOLUTION NO. R99-24
j. TEMPORARY RESOLUTION #8490, accepting the Broward County Office of
Integrated Waste Management Grant of $11,543; authorizing the appropriate
City Officials to execute an agreement between the City of Tamarac and
Broward County for the Eleventh Year Recycling and Education Grant Funds.
RESOLUTION NO. R99-26
k. TEMPORARY RESOLUTION #8503, authorizing the appropriate City
Officials to purchase Schlumberger Neptune Water Meters from
Southeaster Municipal Supply Company (SEMSCO), utilizing City of
Pompano Beach Bid Number K-37-97 entitled "Water Meters" for the
maximum cost of $55,000.00p; approving funding from the appropriate
Utilities Operational Accounts.
RESOLUTION NO. R99-26
END OF CONSENT AGENDA
8c. TEMPORARY RESOLUTION #8492, authorizing the appropriate City
Officials to 1) approve an assignment of the Water and Sewer Developer's
agreement with McNab Joint Venture for the McNab Marketplace (Wendy's) Project
to SB University, LLC., NB University, LLC., and 3510531 Canada, Inc., 2) approve
an Acceptance and Acknowledgement of Agreement and Consent to Assignment
executed by SB University, LLC., NB University, LLC., and 3510531 Canada, Inc.,
and 3) approve and execute an Acknowledgement of Agreement and Consent to
Assignment between McNab Joint Venture and SB University, LLC., NB University,
LLC., and 3510531 Canada, Inc. for the McNab Marketplace (Wendy's) Project
located on the Northwest corner of McNab Road and University Drive.
RESOLUTION NO. R99-27
4
City Commission Meeting
January 27, 1999
City Attorney Kraft read Temporary Resolution #8492 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved approval. City Manager
Noe said all fees have been paid. On roll call Commissioner Roberts voted
"yes", Commissioner McKaye "yes", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
9. TEMPORARY ORDINANCE #1837 on first readiM changing the name
of the Planning Commission to the Planning Board, and providing that all
references in the Tamarac Code referring to the Planning Commission are
changed to Planning Board.
City Attorney Kraft read Temporary Ordinance #1837 on first reading by title.
Commissioner Sultanof seconded by Commissioner McKaye moved approval.
On roll call Commissioner Roberts voted "yes", Commissioner McKaye "yes",
Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber
"Yes". Motion carried.
10. TEMPORARY RESOLUTION #8518, amending the annual budget of
estimated revenue and expenditures for the fiscal year 1999 Senior and
Community Center Budget.
RESOLUTION NO. R99-28
City Attorney Kraft read Temporary Resolution #8518 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved approval. Mayor Schreiber
and Vice Mayor Mishkin had questions and Parks and Recreation Director
Margoles responded. On roll call Commissioner McKaye voted "yes", Vice
Mayor Mishkin "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes",
and Mayor Schreiber "yes". Motion carried.
11. TEMPORARY RESOLUTION #8519, authorizing the appropriate City
Officials to execute an amendment to the agreement between the City of
Tamarac and Facilities Development (FD), Department of Management Services,
State of Florida for the provision of certain Project Management Services for the
Senior & Community Center Project, increasing the total FY99 project budget to
$3,994,217.00.
RESOLUTION NO. R99-29
City Attorney Kraft read Temporary Resolution #8519, revision #2 by title.
Commissioner Roberts seconded by Commissioner Sultanof moved approval.
On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", Commissioner McKaye "yes", and Mayor Schreiber
"yes". Motion carried.
QUASI-JUDICIAL HEARINGS
12. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY ORDINANCE
#1829, on second reading, adopting an amendment to the Land Use Element
of the City Comprehensive Plan in accordance with Chapter 163, Section
163.3187 of the Florida Statutes; concerning a Small Scale Land Use Plan
Amendment proposal by Kings Point Commercial Park to change the use of land
described as Parcel "A" of the "Kings Point Commercial Park", 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
5
City Commission Meeting
January 27, 1999
NW 80 Street from Commercial to Medium -Residential (10-16 du/ac) to allow for
the construction of approximately fifty-six (56) coach homes; comprising of
approximately six (6) acres; providing for amendment to the land use element to
reflect such change.
Continued from January 13, 1999
City Attorney Kraft said he received a letter from Gerry Knight, the attorney
representing Lennar Homes, requesting items #12, #13 and #17 be continued to
the regular Commission meeting of February 10, 1999, at 7:00 p.m., in
Commission Chambers. City Attorney Kraft read Temporary Ordinance #1829,
revision #1 by title. Commissioner Roberts seconded by Commissioner Sultanof
moved to continue Temporary Ordinance #1829 to the regular Commission
meeting of February 10, 1999, at 7:00 p.m., in Commission Chambers. On roll
call Commissioner Sultanof voted "yes", Commissioner Roberts "yes",
Commissioner McKaye "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber
"yes". Motion carried.
CONTINUED TO FEBRUARY 10, 1999
13.QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION
#8488, for the vacation of right-of-way (R.O.W.) [the elimination of a right turn
lane] of a portion of Parcel "A" of the Kings Point Commercial Plat along Nob Hill
Road; specifically a portion of Parcel "A" of the "Kings Point Commercial" Plat,
according to the Plat thereof as recorded in Plat Book 150, page 9 of the Public
Records of Broward County, Florida; Case No. 7-P-98.
Continued from January 13, 1999
City Attorney Kraft read Temporary Resolution #8488 by title. Commissioner
Sultanof seconded by Vice Mayor Mishkin moved to continue Temporary
Resolution #8488 to the regular Commission meeting of February 10, 1999, at
7:00 p.m., in Commission Chambers. On roll call Commissioner Roberts voted
"yes", Commissioner McKaye "yes", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
CONTINUED TO FEBRUARY 10, 1999
17. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION #
8517, to approve a delegation request to amend a note on the Plat from 93,000
square feet of commercial use to allow the construction of fifty-six (56) coach
homes; 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 Nob Hill
Road and NW 80 Street; according to the conditions as stated in exhibit "A";
Case No. 3-P-99.
City Attorney Kraft read Temporary Resolution #8517 by title. Vice Mayor
Mishkin seconded by Commissioner Sultanof moved to continue Temporary
Resolution #8517 to the regular Commission meeting of February 10, 1999, at
7:00 p.m., in Commission Chambers. On roll call Commissioner Roberts voted
"yes", Commissioner McKaye "yes", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
CONTINUED TO FEBRUARY 10, 1999
C.1
City Commission Meeting
January 27, 1999
14. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION #
8442, issuing Revised Development Order No. 182.4 and granting New
Development Site Plan Approval to University and McNab Retail Stores for the
construction of a 4,000 square foot retail stores building; located at McNab
Road, west of University Drive; pursuant to Chapter 10 of the Code of
Ordinances of the City of Tamarac, Florida; Case No. 16-SP-98.
RESOLUTION NO. R99-30
City Attorney Kraft read Temporary Resolution #8442 by title. Vice Mayor Mishkin
seconded by Commissioner Sultanof moved approval. Robert Lochrie appeared on
behalf of the petitioner and waived their quasi-judicial rights. Community
Development Director Miller gave a presentation. Mayor Schreiber opened the
public hearing. Teresa Agozzino, 7202 NW 89t" Avenue, Tamarac, Florida, asked
where the stores would be located and spoke about the traffic. Mayor Schreiber
responded. Sylvia Klau, 7108 NW 89 Avenue, Tamarac, Florida asked how many
lanes would be opened on McNab Road and spoke about the ingress and egress
from the stores, and Mayor Schreiber and Community Development Director Miller
responded. With no one else wishing to speak, Mayor Schreiber closed the public
hearing. Vice Mayor Mishkin questioned the status of the contract from MPO, and
Community Development Director Miller responded that to date he has heard
nothing. On roll call Commissioner McKaye voted "yes", Vice Mayor Mishkin "yes",
Commissioner Sultanof "yes, Commissioner Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
15. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION #
8504, granting Development Order No. 311 for t _ he "Sawgrass Business Center
Plat" requested by Jinda Lwin, Trustee, located on the west side of the proposed
Hiatus Road, between NW 67 Street and Commercial Boulevard; Case No. 6-P-
98.
RESOLUTION NO. R99-31
City Attorney Kraft read Temporary Resolution #8504 by title. Vice Mayor Mishkin
seconded by Commissioner Sultanof moved approval. Jeff Hodak appeared on
behalf of the petitioner and waived their quasi-judicial rights. Community
Development Director Miller gave a presentation. Mayor Schreiber opened the
public hearing and with no one wishing to speak, Mayor Schreiber closed the public
hearing. On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes, Commissioner McKaye "yes", and Mayor Schreiber
"yes". Motion carried.
16. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION #
8513, issuing Revised Development Order No. 265.5 and granting new
development site plan approval to the Culligan Water Company for the
construction of a 29,675 square foot building, along with a limited parking waiver
to allow 9' x 18' parking stalls in lieu of the required 10' x 18' parking dimensions
for parking stalls at a 90 degree angle; located at Hiatus Road and NW 67 Street
in the Tamarac Commerce Park; specifically a portion of parcel "B" of the "S&N
plat", according to the Plat thereof as recorded in Plat Book 154, Page 38 of the
Public Records of Broward County, Florida
7
City Commission Meeting
January 27, 1999
RESOLUTION NO. R99-32
City Attorney Kraft read Temporary Resolution #8513 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved approval. Sam Butters,
owner appeared and waived his quasi-judicial rights. Community Development
Director Miller gave a presentation. Vice Mayor Mishkin questioned the change
in parking space size and angle and Community Development Director Miller
responded. Mayor Schreiber questioned the number of parking spaces and
Community Development Director Miller responded. Mayor Schreiber opened
the public hearing and with no one wishing to speak, Mayor Schreiber closed the
public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner
Roberts "yes", Commissioner McKaye "yes, Vice Mayor Mishkin "yes", and
Mayor Schreiber "yes". Motion carried. Mr. Butters thanked the Commission,
City Manager and Community Development Director and staff for their
assistance.
18. QUASI-JUDICIAL — MOTION TO ADOPT TEMPORARY ORDINANCE
#1833, on second reading amending prior zoning of certain real estate property
from A-1 (Limited Agriculture District) to LI-1 (Industrial District); lands commonly
known as a portion of Parcel 5 of the "Florida Fruit Lands Company No. 2", Plat
according to the Plat thereof as recorded in Plat Book 1, Page 102 of the Public
Records of Broward County, Florida, located on the West side of the proposed
Hiatus Road, between NW 67 Street and Commercial Boulevard; Case No. 14-Z-
98; providing for amendment of the official zoning map to reflect such change.
ORDINANCE NO. 099-01
City Attorney Kraft read Temporary Ordinance #1833 by title on second reading.
Commissioner Roberts seconded by Commissioner Sultanof moved approval.
Jeff Hodak, appeared on behalf of the petitioner and waived their quasi-judicial
rights. Community Development Director Miller gave a presentation. Mayor
Schreiber opened the public hearing and with no one wishing to speak, Mayor
Schreiber closed the public hearing. On roll call Commissioner McKaye voted
"yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", Commissioner
Roberts "yes", and Mayor Schreiber "yes". Motion carried.
19. QUASI-JUDICIAL — MOTION TO ADOPT TEMPORARY ORDINANCE
#1834, on second reading amending prior zoning of certain real estate property
from B-1 (Neighborhood Business District) to B-3 (General Business District) to
allow the site to have a uniform zoning classification of B-3 (General Business
District); lands commonly known as a portion of Tract "A" of the "Tamarac
Business Center" Plat, according to the Plat thereof as recorded in Plat Book 61,
Page 27 of the Public Records of Broward County, Florida, located on the
Northeast corner of State Road 7 and West Commercial Boulevard; Case No.
12-Z-98; providing for amendment of the official zoning map to reflect such
change.
CONTINUED TO FEBRUARY 10, 1999
City Attorney Kraft read Temporary Ordinance #1834 by title on second reading.
Commissioner Roberts seconded by Commissioner Sultanof moved approval.
The Petitioner did not appear. Commissioner Roberts seconded by
L
City Commission Meeting
January 27, 1999
Commissioner Sultanof moved to continue Temporary Ordinance #1834 to the
regular Commission meeting of February 10, 1999, at 7:00 p.m. in Commission
Chambers. On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof
"Yes", Commissioner Roberts "yes", Commissioner McKaye "yes", and Mayor
Schreiber "yes". Motion carried.
END OF QUASI-JUDICIAL HEARINGS
With no further business, Mayor Schreiber adjourned the meeting at 10:25 a.m.
L'� a
CAROLOGWID
CITY CLERK
1
1
n
E SCHREIBER, MAYOR
CITY op TAMARAc
APPROVED AT MEETING OF n c�
���?.c-ca/z
X,