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HomeMy WebLinkAbout1996-05-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, MAY 8, 1996 CALL TO ORDER: Mayor Abramowitz called the Regular Meeting to order on Wednesday, May 8, 1996, at 7:00 P.M. in Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Mayor Norman Abramowitz Vice Mayor Larry Mishkin Commissioner Sharon Machek 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: Mayor Abramowitz called for the Pledge of Allegiance. Tape 1 Mayor Abramowitz advised that the new Social Services bus had arrived. INTRODUCTION 1. SPECIAL PRESENTATION by Mayor Abramowitz of Certificates of Award and $25.00 to Chad Marcus and Leigh Weaver, students from the City of Tamarac's After -School Program, as grade winners in the Utility Department's Drop Savers Poster Contest for Drinking Water Week. Mayor Abramowitz presented Certificates of Award to Chad Marcus and Leigh Weaver. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of May 12 - 18, 1996, as "NURSING HOME WEEK 1996". 14 City Commission Regular Meeting May 8, 1996 Page 2 Mayor Abramowitz presented the proclamation to Elizabeth Horne, Heartlands of Tamarac. PUBIC 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. Abe Garr, Kings Point resident, discussed comments made by Mayor Abramowitz at the April 24, 1996 City Commission meeting regarding the Kings Point Commercial Plaza. Mayor Abramowitz referred to the notice posted at Kings Point about that Plaza. Harry Vordermeier, petitioner regarding Item #14, questioned whether Item #14 could be heard before the Public Hearing items. Comm. Machek MOVED to take Item #14 out of order, SECONDED by V/M Mishkin. VOTE: CONSENT AGENDA ALL VOTED AYE 4. Items listed under Consent Agenda, Item 4, 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 4/24/96 regular City Commission meeting. APPROVED b. MOTION TO ADOPT Temp. Reso. #7378 authorizing the appropriate City officials to execute a Water and Sewer Developer's Agreement for the CITIBANK project located on the west side of University Drive between NW 57 Street and NW 61 Street adjacent to Midway Plaza. APPROVED-RESOLUTION-R-96-87 City Commission Regular Meeting May 8, 1996 Page 3 C. MOTION TO ADOPT Temp. Reso. #7379 accepting a Bill of Sale for the water distribution and sewage collection system improvements for the CITIBANK project located on the west side of University Drive between NW 57 Street and NW 61 Street adjacent to Midway Plaza. APPROVED-RESOLUTION-R-96-88 d. MOTION TO ADOPT Temp. Reso. #7384 releasing a performance bond in the amount of $2,610. posted for water distribution system improvements for the CITIBANK project located on the west side of University Drive between NW 57 Street and NW 61 Street adjacent to Midway Plaza subject to receipt of a one year warranty bond in the amount of $652,50. APPROVED-RESOLUTION-R-96-89 e. MOTION TO ADOPT Tem Reso. #7382 releasing warranty Letter of Credit #528748 in the amount of $5,507.56 posted for the water distribution and sewage collection improvements at the WELDON PHASE 1A project located on the north side of NW 77 Street between NW 96 Avenue and Westwood Drive. APPROVED-RESOLUTION-R-96-90 MOTION TO ADOPT Temp. Reso. #7383 releasing warranty Letter of Credit #528747 in the amount of $29,515.18 posted for the water distribution and sewage collection system improvements at the WELDON PHASE 1 project located on the north side of NW 77 Street between NW 96 Avenue and Westwood Drive. APPROVED-RESOLUTION-R-96-91 g. MOTION TO ADOPT Temp. Reso. #74Q4 authorizing the appropriate City officials to negotiate and execute an agreement with the law firm of Akerman, Senterfitt & Eidson, P.A. as the City's bond counsel. APPROVED-RESOLUTION-R-96-92 h. MOTION TO ADOPT Temp.-Reso. #7414 clarifying and including the City Attorney in all Resolutions authorizing cost of living adjustments for Managerial, Supervisory and Confidential (Executive, Managerial/ Professional and Administrative) non -bargaining employees. APPROVED-RESOLUTION-R-96-93 City Commission Regular Meeting May 8, 1996 Page 4 MOTION TO ADOPT Ten3p. Reso. #7 85 approving the implementation of a 401(a) Money Purchase Retirement Plan for the City Manager through the International City Management Association Retirement Corporation. APPROVED-RESOLUTION-R-96-94 MOTION TO ADOPT Temp. Reso. #7417 amending Resolution R-94-34 providing for modified terms of employment for City Manager Robert S. Noe, Jr. APPROVED-RESOLUTION-R-96-95 k. MOTION TO ADOPT Temp. Reso. #7412 recognizing and commemorating the week of April 22, 1996 as "PROFESSIONAL SECRETARIES WEEK APPROVED-RESOLUTION-R-96-96 Comm. Schreiber MOVED APPROVAL of Consent Agenda, SECONDED by Comm. Machek. VOTE: ALL VOTED AYE END OF CON ENT AGENDA 14. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #74Q7 approving an encroachment of 2.25-feet into a 10-foot utility easement along the north rear lot line located at 6007 Umbrella Tree Lane, Lot 5, Block 40, THE WOODLANDS. Case No. 3-P-96. APPROVED-RESOLUTION-R-96-104 City Attorney Kraft read Temp. Reso. #7407 by Title. Comm. McKaye MOVED APPROVAL, SECONDED by Comm. Machek. Harry Vordermeier, representing the petitioner, waived his Quasi -Judicial rights. Jeffrey L. Miller, Director of Community Development, read the Findings of Fact and recommended approval. There was discussion concerning the encroachment and easement. 1 City Commission Regular Meeting May 8, 1996 Page 5 Mayor Abramowitz opened and closed the hearing with no discussion. VOTE: ALL VOTED AYE PUBLIC HEARINGS - 7:30P.,M. 5. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1749 on second reading amending Chapter 6 of the Code entitled Finance and Taxation and Article V entitled Purchasing Procedures. APPROVED-ORDINANCE-0-96-1 City Attorney Kraft read Temp. Ord. #1749 by Title. Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin. City Manager Noe said he recommended approval. Comm. Schreiber disagreed and discussion followed. Mayor Abramowitz opened and closed the public hearing with no discussion. Comm. McKaye AYE V/M Mishkin AYE Comm. Schreiber NAY Comm. Machek AYE Mayor Abramowitz AYE 6. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. 41750 on first reading amending Chapter 24 of the Code, Section 24-434 entitled business and Commercial Uses Master List. APPROVED on First reading. Second reading and public hearing scheduled for Wednesday, May 22, 1996, at or after 10:00 A.M. in the Commission Chambers. City Attorney Kraft read Temp. Ord. #1750 by Title. Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin. Jeffrey L. Miller, Director of Community Development, explained some of the revisions and recommended approval. City Commission Regular Meeting May 8, 1996 Page 6 Mayor Abramowitz opened and closed the public hearing with no discussion. VOTE: ALL VOTED AYE Tape 2 END OF PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS 7. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7349 approving a site plan for the new development of KINGS POINT COMMERCIAL PLAZA, a 38,354 square foot shopping center housing retail businesses, offices and a restaurant located on the southeast corner of Nob Hill Road and NW 77 Street. Petition 39-SP-95 (tabled on 3/27/96). APPROVED-RESOLUTION-R-96-97 City Attorney Kraft read Temp. Reso. #7349 by Title, explained Quasi -Judicial, ex parte. substantive due -process and substantive evidence. He advised that Attorney Gerald Knight waived his Quasi -Judicial rights at the March 13, 1996 City Commission meeting and advised that residents made their concerns known at that time. Mayor Abramowitz read a statement concerning a conflict of interest. (Attachment 1). Jeffrey L. Miller, Director of Community Development, read the Findings of Fact, referenced land use, transportation, the traffic signal on Nob Hill Road, meetings with the Broward County's Commissioners and Broward County's Traffic Engineer. He advised that Lennar bonded to put in the traffic signal and referred to Jack Brill's document and statements from Kimley-Horn indicating that there was no encroachment on the home owners' jurisdiction. Discussion was held on who would maintain the road, site plan approval and the Zoning Code. Gerald Knight, Attorney representing Lennar, waived his Quasi -Judicial rights and referred to substantive rights, substantive evidence and statements made by Alan Tinter, Traffic Engineer, Rhon Ernest -Jones, Consulting Engineer, and Les Beilinson, Architect. He said the property was commercially zoned and the project should be approved. 1 City Commission Regular Meeting May 8, 1996 Page 7 Discussion continued regarding the traffic signal and Dan Fee, Planner, discussed the land use plan. Tape 3 Mike Smolak, Lennar Division President, said the area was zoned for a retail shopping center with offices and commented on the condominium documents. Mayor Abramowitz requested a recess at 8:30 P.M. and the meeting reconvened at 8:37 P.M. with everyone present. Mayor Abramowitz opened the meeting to the public. Saul Gass, Gil Narins, Robert Fields, Jack Brill and Eva Pellman, Kings Point residents, voiced concerns regarding the shopping center. Tape 4 V/M Mishkin commented on the shopping center and the public hearing continued. Roz Brotfelder, Marvin Seidel, Harriett Cohen and Abe Garr, Kings Point residents, and Robert Fields suggested expanding the recreational facilities in lieu of the shopping center. Comm. Schreiber suggested the soil be examined and discussion continued on the health, welfare and safety, traffic signal configurations, walk distance to a shopping center, conflict of interest. City Attorney Kraft referred to including the condition for payment of the traffic signal and road maintenance in the Motion. Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin. Tape 5 Discussion continued on payment for the traffic signal and permits. Mayor Abramowitz requested a recess at 9:45 P.M. and the meeting reconvened at 9:51 P.M. with everyone present. City Commission Regular Meeting May 8, 1996 Page 8 Jack Brill, President of Clairmont Neighborhood Association, discussed concerns regarding the easement. City Attorney Kraft recommended Amending the Motion and the Resolution to include: "the applicant/owner shall bond for all funds required by Broward County for the installation of a traffic signal at the intersection of Nob Hill Road and Northwest 77th Street to Broward County". VOTE: V/M Mishkin AYE Comm. McKaye AYE Comm. Machek AYE Comm. Schreiber NAY Mayor Abramowitz ABSTAIN (Attachment 1) Comm. Machek MOVED APPROVAL of Temp. Reso. #7349 as AMENDED, SECONDED by V/M Mishkin. 1IrLel I =F Comm. McKaye AYE Comm. Machek AYE Comm. Schreiber NAY Mayor Abramowitz ABSTAIN V/M Mishkin AYE Mayor Abramowitz requested a recess at 10:05 P.M. and the meeting reconvened at 10:08 with everyone present. 8. QUASI-JUDICIAL - MQjION TO ADOPT Temp. Reso. #7397 approving a waiver to the sign code to erect a ground sign with three lines of copy, green marble background with gold lettering and two letter styles at the west entry of DAVID'S PLAZA located at 6501 W. Commercial Boulevard. APPROVED-RESOLUTION-R-96-98 City Attorney Kraft read Temp. Reso. #7397 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek. City Commission Regular Meeting May 8, 1996 Page 9 Michael Craddock, representing the petitioner, waived his Quasi -Judicial rights. Dan Wood, Chief Building Official, recommended approval. Mayor Abramowitz opened and closed the hearing with no discussion. VOTE: ALL VOTED AYE 9. QUASI-JUDICIAL - MQTION TQ ADOPT PT TQmp. Rego. #7398 approving a waiver to the sign code to erect a ground sign with three lines of copy, green marble background with gold lettering and two letter styles at the east entry of DAVID'S PLAZA located at 6501 W. Commercial Boulevard. APPROVED-RESOLUTION-R-96-99 City Attorney Kraft read Temp. Reso. #7398 by Title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Schreiber Michael Craddock, representing the petitioner, waived his Quasi -Judicial rights. Mr. Wood recommended approval. Mayor Abramowitz opened and closed the hearing with no discussion. VOTE: ALL VOTED AYE 10.QUASI-JUDICIAL - M TION TO_ AD_QFT Temp. Reso. #7401 granting a special exception to permit the operation of an auto repair establishment for direct customer service d/b/a U.S. AUTOWORKS located at 3710 West Commercial Boulevard. Case No. 4-Z-96. APPROVED-RESOLUTION-R-96-100 City Attorney Kraft read Temp. Reso. #7401 by Title. Peter Jacobs, representing the owner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended approval. There was discussion regarding used tires and repaired vehicles. City Commission Regular Meeting May 8, 1996 Page 10 Mayor Abramowitz opened and closed the hearing with no discussion. Comm. Machek MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE 11.QUASI-JUDIC AL - MOTION TO ADOPT Temp. Reso, #7402 granting a special exception to permit the operation of a dry cleaning establishment for direct customer service d/b/a GOLDEN HANGER CLEANERS located at the southeast corner of Brookwood Boulevard and McNab Road. Case No. 5-Z-96. APPROVED-RESOLUTION-R-96-101 City Attorney Kraft read Temp. Reso. #7402 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek. Mark Sachs, representing the petitioner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended approval. Mayor Abramowitz opened and closed the public hearing with no discussion. VOTE: ALL VOTED AYE 12. QUASI-JUDICIAL - MQTION TO ADOPT Tqp. Reso. #7403 granting a special exception to permit the operation of an ASSISTED CARE LIVING FACILITY (ACLF) located at the north side of Westwood Drive and east Nab Hill Road. Case No. 6-Z-96. APPROVED-RESOLUTION-R-96-102 City Attorney Kraft read Temp. Reso. #7403 by Title. Bruce Weiner, Pebb Enterprises and property owner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended approval. There was discussion regarding zoning, traffic, notification to residents within 300 feet and attendees at the Planning Commission meeting on April 17, 1996. 1 1 II LJ City Commission Regular Meeting May 8, 1996 Page 11 Tape 6 Discussion continued on time -certain; parking facilities, the former developer, zoning, density and traffic. Mayor Abramowitz opened the public hearing. Diane Glasser, President of Westwood 3, voiced concerns about traffic, narrowness and vehicles backing out onto Westwood Drive. Mayor Abramowitz closed the hearing. There was discussion with regard to allowing a right turn from the facility, widening the intersection of Westwood Drive and Nob Hill Road and a "Right Turn Only" sign at Point Plaza. Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin. VOTE; ALL VOTED AYE 13. (QUASI-JU ICIAL - MOTION TO ADOPT Temp. Reso. #7406 approving vacation of the right-of-way of a portion of Parcel A, Land Section 8, of the PLUM HARBOR REPLAT located at 5810 French Plum Lane in order to be consistent with the previously approved revised site development. Case No. 2-P-96. APPROVED-RESOLUTION-R-96-103 City Attorney Kraft read Temp. Reso. #7406 by Title. Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin. Bradley Froling, representing the petitioner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended approval. There was no discussion. Mayor Abramowitz opened and closed the hearing with no discussion. City Commission Regular Meeting May 8, 1996 Page 12 VOTE: ALL VOTED AYE Tape 7 15. QUASI-JUDICIAL -!MOTION TO ADOPT Temp. Reso #7409 granting a special exception to permit the operation of a delicatessen/bakery at the TAMARAC MARKET PLACE SHOPPING CENTER located at the southwest corner of McNab Road and Nob Hill Road. Case No. 7-Z-96. APPROVED-RESOLUTION-R-96-105 City Attorney Kraft read Temp. Reso. #7409 by Title. Alan Grosman, representing the petitioner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended approval. Mayor Abramowitz opened and closed the hearing with no discussion. Comm. Machek MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE 16. QUASI-JUDICIAL- _MOTION TO ADOPT Temp. Reso. #7410 granting a special exception to permit the operation of a complex of 1,233 seats at the TAMARAC MARKET PLACE SHOPPING CENTER located at the southwest corner of McNab Road and Nob Hill Road. Case No. 8-Z-96. APPROVED-RESOLUTION-11-96-106 City Attorney Kraft read Temp. Reso. #7410 by Title. Alan Grosman, representing the petitioner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended approval. Discussion was held regarding the use of new or used seats and a sixth theater, if approved by the Fire Department. Mayor Abramowitz opened the hearing. City Commission Regular Meeting May 8, 1996 Page 13 Karen Robert, Sunflower-Heathgate, said she was happy about the proposed theaters. There was discussion pertaining to the total number of seats, movie screens and parking spaces. Mayor Abramowitz closed the hearing with no further discussion. Comm. Machek MOVED APPROVAL, SECONDED by Comm. Schreiber. VOTE: ALL VOTED AYE 17. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7411 granting a special exception to permit the operation of a day care center at the TAMARAC MARKET PLACE SHOPPING CENTER located at the southwest corner of McNab Road and Nob Hill Road. Case No. 9-Z-96. APPROVED-RESOLUTION-R-96-107 City Attorney Kraft read Temp. Reso. #7411 by Title. Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin. Alan Grosman, representing the petitioner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact, referenced HRS regulations and recommended approval. There was discussion concerning cooperation between the day care center and Tamarac Elementary School's Before and After school programs. Mayor Abramowitz closed the hearing with no further discussion. VOTE: ALL VOTED AYE END OF QUASI-JUDICIAL HEARINGS REPORTS City Commission Regular Meeting May 8, 1996 Page 14 18. City Commission Comm. McKaye - No report. Comm. Machek - referred to a Broward County Commission agenda regarding General Rules and Procedures for Public Participation at Commission Workshops pertaining to Quasi -Judicial proceedings. romm. Schreiber - said he was happy the Tamarac Market Place was getting tenants and the Tamarac Sports Complex was looking well. V/M Mishkin - No report. Mayor Abramowitz said he was going to Tallahassee to request money for the hockey arena, Dina McDermott was writing a Grant for the hockey arena and commented on tonight's long agenda. City Attorney Kraft - No Report. 20. City Manager City Manager Noe thanked the Commission for their action regarding Kings Point. With no further discussion, Mayor Abramowitz adjourned the meeting at 11:30 P.M. Carol A. Evans, CIVIC City Clerk 1 1 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAMT FIRSI NAMI MIDDLE NAME NAME OF NOARD. COUNCIL, COMMISSION, AU-1 HORITY, OR COMMITTEE Abramowity Norman nIay. or, Ci-ty of Tamarac MAILING ADDRESS 1 HE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: 7525 NW 88 Avenue JQXC'IT'Y O COUNTY 0 OTHER LOCA1. AGr:NCY CITY C'OUN1Y NAME. OF POLITICAL. SUBDIVISION: '_C'amarac: Br'oward Ci-ty of Tamarac DA1 E ON WHICH VOTE O('CURRED MY POSITION IS: May 8, 1996 'T ELECTIVE O APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION M2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the stature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ['E FORMliB- IAI PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Norman. Abratnowi t7 , hereby disclose that on _ _ Clay b, , 19 26 (a) A measure came or will come before my agency which (check one) 2L inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. QUASI-JUDICIAL - M011iON TO ADOPT Temp. Reso. #7349 approving a site plan for the new development of KINGS POINT COMMERCIAL PLAZA, a.38,354 square foot shopping center housing retail businesses, offices and a restaurant located on the southeast corner of Nob Hill Road and NW 77 Street. Petition 39-SP-95 (tabled on 3/27/96). Attorney Gerald Knight has represented me in the appeal of the Glasser vs the City of Tamarac -lawsuit. As you are all further aware, the Appel] -ate Court has ruled in my favor and the City's position has been upheld. Mr. Knight also represents Letxnar on the Quasi -Judicial hearing currently pending before the Commission regarding the Kings Point C:ornnercial Plaza. 'There is an appearance of a possible conflict of interest based on Mr. Kn.ight's past representation of me on the Glasser vs. City of "Tamarac appeal and Mr. Knight's current representation of Lennar in the Quasi -Judicial matter. Therefore, I will not vote on this application for site plan approval of the proposed Kings Point Professional Plaza. I will file the appropriate memorandums with the City Clerk prior to a vote being taken. dZ vs-filk Il Date Flied NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE. OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM kB - 1-91 PAGE 2