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Home My WebLink About1997-02-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, FEBRUARY 12, 1997 CALL TO ORDER: Vice Mayor Mishkin called the regular meeting to order on Wednesday, February 12, 1997, at 7:00 P.M. in Commission Chambers of Tamarac, City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Vice Mayor Larry Mishkin Commissioner Bruce Hoffman Commissioner John E. McKaye Commissioner Joseph Schreiber ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Phyllis Polikoff, Office Specialist PLEDGE OF ALLEGIANCE: Vice Mayor Mishkin called for the Pledge of Allegiance. Tape 1 INTRODUCTION PRESENTATION by Vice Mayor Mishkin of a proclamation indicating the City of Tamarac's support of PROJECT PARENT, thereby becoming the first city partner in this campaign and we congratulate the City of Coral Springs on taking the first step toward a family -friendly environment. City Clerk Evans read the proclamation which Vice Mayor Mishkin presented to Rhonda Calhoun, Vice Mayor, City of Coral Springs. 2. STATE OF THE CITY ADDRESS by Vice Mayor Mishkin. Vice Mayor Mishkin read the State of the City address and commended staff for their assistance and cooperation. 144 Page 2 City Commission Regular Meeting February 12, 1997 PUBLIC PARTICIPATION 3. PUBLIC PARTICIPATION -Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. Abe Garr, President of Common Cause of Kings Point, discussed the need for a school, Post Office and library. PUBLIC HEARINGS 7:30 P.M. 5. EUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #� 1780 on second reading amending Chapter 24 of the City Code entitled "Zoning", amending Article VI entitled "Zoning", amending Article VI, entitled "Accessory Uses", deleting Section 24-614 entitled "Satellite Receiving Antennae (SRA)° in its entirety and creating a new Article IX entitled "Telecommunications Towers and Antennas". Case No. 5-Z-97 TABLED City Attorney Kraft read Revision #1 of Temp. Ord. #1780 by title. After discussion, City Manager Noe recommended Tabling Item 5 and Comm. McKaye MOVED to TABLE. The MOTION was SECONDED by Comm. Hoffman VOTE: ALL VOTED AYE 6. PUBLIC HEARING --QUASI-JUDICIAL - MOTION TO ADOPT ] ema. Ord. #1783 on first reading concerning a request by Pep Boys, lands commonly known as PARCEL "A" BLATT COMMERCIAL PLAT to rezone land on the northwest corner of Commercial Boulevard and NW 73 Avenue from B-1 (Neighborhood Business) to B-2 (Community Business District). Petition 31-Z-96. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting on Wednesday, February 26, 1997, at or after 10:00 A.M., in the City Commission Chambers. [J- I Page 3 City Commission Regular Meeting February 12, 1997 City Attorney Kraft read Temp. Ord. #1783 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. Emerson Allsworth, representing the petitioner, waived his quasi-judicial rights. Vice Mayor Mishkin opened the public hearing. Tape 2 Robert Jahn, resident and former Chief Building Official, spoke in favor of the rezoning. Vice Mayor Mishkin closed the public hearing with no further response. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS C-ON25ENI AGENDA 4. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPROVE the minutes of the 1/22/97 City Commission meeting. APPROVED 4.a. b. MOTION TO ADOPT Temp. Reso. #7656 recognizing and commemorating February, 1997, as BLACK HISTORY MONTH. APPROVED RESOLUTION R 97-16 C. MOTION TO ADOPT Temp-Reso. #Z§17 authorizing the appropriate City officials to execute the First Amendment to the Water and Sewer Developer's Agreement with National Business Center of Tamarac, Inc., for the AUTO SPA OF TAMARAC project located at 4500 W. Commercial Boulevard. 144 APPROVED RESOLUTION R-97-16 Page 4 City Commission Regular Meeting February 12, 1997 4. d. MOTION TO ADQP __Temp. Rego,,.#7629 authorizing the appropriate City officials to execute the Second Amendment to the Water and Sewer Developer's Agreement with Lennar Homes, Inc., for the KINGS POINT RECREATIONAL COMPLEX project located on the southeast corner of Nob Hill Road and NW 77 Street. APPROVED RESOLUTION R 97-17 e. MOTION TO ADOPT Temp. Reso. #7637 authorizing the appropriate City officials to execute a hold harmless agreement with Pulte Home Corporation and the Plums Master Association, Inc., for construction of a wall and landscaping along the western boundary crossing over a utility easement in the PLUM BAY project located on the northeast corner of Nob Hill Road and Commercial Boulevard. APPROVED RESOLUTION R 97-18 MOTION TO ADOPT Temp. ResQ.. #7643 approving the purchase of Scott 4.5 self-contained breathing apparatus including Pak Alert kits and spare air cylinders from Safety Equipment Company, a sole source, at a total cost of $13,850.85. APPROVED RESOLUTION R-97-19 Comm. Hoffman MOVED APPROVAL of the entire Consent Agenda, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE END OF CONSENT, AGEN12A 7. QUASI-JUDICIAL - MOTION TO ADOPT TemR, Rem #7649 issuing a revised development order 265.3 and granting site plan approval to Sam Butters, Owner, for the construction of a 17,000 square foot building d/b/a CONTINENTAL CABLEVISION located at 6691 Nob Hill Road. Case No. 42-SP-96. APPROVED RESOLUTION R-97-20 City Attorney Kraft read Temp. Reso. #7649 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. 141 Page 5 City Commission Regular Meeting February 12, 1997 Malcolm Butters, son of the petitioner and owner, waived his quasi-judicial rights and presented an award to the City. Vice Mayor Mishkin opened and closed the hearing with no response. VOTE: ALL VOTED AYE 8. QUA51-JUDMAL MOTION TO ADOPT Temp. Reso. #7650 granting a special exception to permit the operation of a bookstore open to the public d/b/a Calvary Chapel in the TAMARAC MARKETPLACE located at 10070 Nob Hill Road. Case No. 30-Z-96. APPROVED RESOLUTION R-97-21 City Attorney Kraft read Temp. Reso. #7650 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. Dale Goldson, representing the petitioner, waived his quasi-judicial rights. Vice Mayor Mishkin opened the hearing. Henry Rohr, resident and former Councilman, voiced concerns about the Chapel. Vice Mayor Mishkin closed the hearing with no further discussion. VOTE: ALL VOTED AYE 9. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7652 granting a special exception for on -premises consumption of beer and wine for the Thai Diner in the UNIVERSITY COMMONS SHOPPING CENTER located at 6850 N. University Drive. Case No. 1-Z-97. APPROVED RESOLUTION R-97-22 City Attorney Kraft read Temp. Reso. #7652 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. Davon Chong, petitioner, and Jeffrey M. Rosenberg, Pebb Enterprises and owner of the property, waived their quasi-judicial rights. Vice Mayor Mishkin opened and closed the hearing with no response. Page 6 City Commission Regular Meeting February 12, 1997 VOTE: ALL VOTED AYE 10. QUASI-JUDICIAL - MOTION TO ADOPT TeMP_ Reso. #7653 granting a special exception to permit the operation of the Mar & Kas' Bagel Restaurant in the UNIVERSITY COMMONS SHOPPING CENTER located at 6706 N. University Drive. Case No. 2-Z-97. APPROVED RESOLUTION R-97-23 City Attorney Kraft read Temp. Reso. #7653 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. George Walker, applicant, and Jeffrey M. Rosenberg, Pebb Enterprises and owner of the property, waived their quasi-judicial rights. Vice Mayor Mishkin opened and closed the hearing with no discussion. VOTE: ALL VOTED AYE 11. QUASI-JUDICIAL - MOTION TO ADOPT Temp,,,Reg% #7654 granting a special exception to permit the operation of a Dunkin Donuts Restaurant in the UNIVERSITY COMMONS SHOPPING CENTER located at 7450 W. McNab Road. Case No. 3-Z-97. APPROVED RESOLUTION R-97-24 City Attorney Kraft read Temp. Reso. #7654 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. Ali Lakhani, owner, and Jeffrey M. Rosenberg, owner of the property, waived their quasi-judicial rights. Vice Mayor Mishkin opened and closed the hearing with no response. VOTE: ALL VOTED AYE 12. QUASI-JUDICIAL - MOTION TO ADQQZemt2. Reso. #7655 granting a special exception to permit the operation of an on -premises dry cleaning plant for direct customer service d/b/a Exclusive Cleaners in the POINT PLAZA SHOPPING CENTER located at 7152 Nob Hill Road. Case No. 4-Z-97. APPROVED RESOLUTION R-97-25 I 1 Page 7 City Commission Regular Meeting February 12, 1997 City Attorney Kraft read Temp. Reso. #7655 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. Jeffrey M. Rosenberg, representing the petitioner, waived his quasi-judicial rights. Vice Mayor Mishkin opened and closed the hearing with no response. VOTE: ALL VOTED AYE 13. Ot MI -JUDICIAL -_MOTION TO ADOPT Temp. Reso. #7659 approving a waiver to the sign code for a wall sign with two lines of copy, 24-inches each, for Luv'n Oven Restaurant at BIG LOTS SHOPPING CENTER located at 7515 NW 57 Street. APPROVED RESOLUTION R-97-26 City Attorney Kraft read Temp. Reso. #7659 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. Gloria Von Stein, representing the property owner, and Ignazio Governale, petitioner, waived their quasi-judicial rights. Discussion was held regarding the Sign Code. Vice Mayor Mishkin opened and closed the hearing with no discussion VOTE: ALL VOTED AYE 14. QUASI-5I!IDICIAL -_MOTION TO ADOPT Temp. Reso. #Z§60 approving a waiver to the sign code for a wall sign with two lines of copy 16-inches and 14- inches respectively, for Dragon Spring Restaurant at BIG LOTS SHOPPING CENTER located at 7451 NW 57 Street. APPROVED RESOLUTION R-97-27 City Attorney Kraft read Temp. Reso. #7660 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. 144 Gloria Von Stein, representing the property owner, and Eddie Wong, the petitioner, waived their quasi-judicial rights. Page 8 City Commission Regular Meeting February 12, 1997 Vice Mayor Mishkin opened the hearing. Henry Rohr, resident and former Councilman, voiced concerns regarding the sign code and criteria. Discussion followed on revising the sign code. Vice Mayor Mishkin closed the hearing with no further discussion. VOTE: ALL VOTED AYE END OF QUA351-AMICIAL HEARINGS 15. MQTlQN TO ADOPT Temp. Ord. #1781 on first reading amending Chapter 7 of the Code entitled "Fire Prevention and Protection", Article II entitled "Administration", modifying Section 7-29, "Fire Service Fees", by providing a definition of the minimum level of transportation service provided by the City. APPROVED on first reading. Seconded reading and public hearing scheduled for regular City Commission Meeting on Wednesday, February 26, 1997, at or after 10:00 A.M. in City Commission Chambers. City Attorney Kraft read Revision #2 of Temp. Ord. #1781 by title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE Tape 3 16. City Commission Comm. McKaye recommended that all residents vote on March 11, 1997. Comm. Hoffman discussed Tamarac Elementary School, the School Board and State Representative Stacey Joy Ritter. Comm. Schreiber voiced concerns regarding Tamarac Elementary School. Page 9 City Commission Regular Meeting February 12, 1997 MOO-131 16. City i (Continued) City Clerk Evans read a letter from Pembroke Pines Mayor Alex Fekete regarding the Broward League of Cities and Vice Mayor Mishkin said that he accepted the position of Board of Director of the Broward League of Cities. 17. Cry AttQrney City Attorney Kraft - No report. 18. City Manager City Manager Noe - No report. With no further discussion, Vice Mayor Mishkin adjourned the meeting at 8:45 P.M. Carol A. Evans, CMC City Clerk 141 Larry Mishkin Vice Mayor CITY OF T C APPR D AT EffEiING OF 6 97 2�