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HomeMy WebLinkAbout2003-10-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY OCTOBER 8, 2003 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, October 8, 2003 at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L. Sultanof. ABSENT: Commissioner Edward C. Portner. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE_ Mayor Joe Schreiber led the Pledge of Allegiance. INTRODUCTION 1. PROCLAMATIONS/SPECIAL RECOGNITIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming October 2003 as Domestic Violence Awareness Month. Human Resources Director Maria Swanson accepted. b. Presentation by Mayor Schreiber of a proclamation proclaiming the week of October 13-17, 2003 as National School Lunch Week. School Board member Stephanie Kraft accepted and said she is grateful to Tamarac for supporting school lunch week. C. Presentation by Mayor Schreiber of a proclamation proclaiming October 5-11, 2003 as Fire Prevention Week. Chief Budzinski accepted and said that because of past success with Fire Prevention Week, it has been expanded throughout the month of October. Chief Budzinski reminded everyone of the open house to be held on October 18�h. Mayor Schreiber said this is a great event. Mayor Schreiber congratulated Community Development Director King on the birth of his new baby. REPORTS 2. City Commission: Mayor Schreiber read a letter into the record regarding the opening of the new library next to the Community Center, closing the library at 861h and McNab, and moving the Tamarac Popular Library. (See attached.) Vice Mayor Roberts congratulated Community Development Director King on the birth of his new baby. October 8, 2003 1 Commissioner Sultanof congratulated Community Development Director King on the birth of his new baby girl. Commissioner Flansbaum-Talabisco congratulated Community Development Director King on the birth of his new baby. Commissioner Flansbaum-Talabisco said she is happy to see friendly faces from her community in the audience. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported that he has been notified by the National League of Cities that Tamarac is officially recognized for implementation of the Tamarac Emergency Preparedness Initiative, and distributed the letter of recognition. (See attached.) City Manager Miller reported that Tamarac was featured in the National Coalition Promoting Physical Activity Newsletter for promoting Hearts and Parks. 5. PUBLIC PARTICIPATION: There was no public participation. CONSENT AGENDA 6. Vice Mayor Roberts asked to have Item 6(d) pulled from the consent agenda for discussion. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval of all items on the consent agenda except 6(d) which was removed for discussion. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes" Commissioner Sultanof "yes", and Commissioner Flansbaum-Talabisco "yes". Motion, carried. a. APPROVE the minutes of the September 24, 2003 regular Commission meeting. APPROVED b. BROWARD SHERIFF'S OFFICE PERMIT APPLICATION: (TR10246) Executing a Broward Sheriff's Office permit application for special details for police services to be used by the Parks and Recreation Department in an amount not to exceed $57,000.00 in FY 04; approving funding from the appropriate Parks and Recreation account. RESOLUTION NO. R2003-226 C. PURCHASE OF WATER METERS — SUNSTATE METER & SUPPLY COMPANY: (TR10253) Approving the purchase of water meters from Neptune Technology Group, Inc., via their local distributor Sunstate Meter & Supply, Inc., utilizing the City of Pompano Beach Bid Number H-14-00, entitled "Water Meters" for a maximum annual cost not to exceed $110,000.00 for the purpose of replacing and installing new water meters; approving funding from the appropriate Utilities Operational account. RESOLUTION NO. R2003-227 d. REMETERING AGREEMENT — LEXINGTON ON THE GREEN APARTMENTS: (TR10217) Executing a remetering agreement with Tamarac Apartments, L.L.C., for the Lexington on the Green Apartments to allow remetering of the water service for the purpose of allocation of the direct cost of water and sewer service October 8, 2003 2 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 FOR DISCUSSION e. TASK AUTHORIZATION — WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS: (TR10255) Executing Task Authorization No. 03-11 E with Eckler Engineering, Inc., to provide professional services for the design, permitting and bidding for the 2.0 million gallon water storage tank and Water Treatment Plant improvements, in accordance with the City's consulting engineering agreement as authorized by Resolution #R-2001- 185, for an amount not to exceed $85,000.00; approving funding from the appropriate budgeted utilities account; authorizing the appropriate City officials to administer the contract. RESOLUTION NO. R2003-228 f. CONTRACT RENEWAL --- .OFFICE SUPPLIES.:- (TR10198) Exercising the second renewal option of the agreement between the City of Tamarac and Office Depot, Inc. effective December 1, 2003 through November 30, 2004, on behalf of the Southeast Florida Governmental Purchasing Cooperative. RESOLUTION NO. R2003-229 g. OCCUPATIONAL LICENSE FEE REFUND: (TR10260) Approving an Occupational License fee refund in the amount of $3,036.00 to be issued to Federal Kemper Life Assurance Company, a Foreign Company classified as "Insurance Company writing policy" for a 2003 Occupational License fee overpayment due to a software program error by the Federal Kemper Life Assurance Company (Case No. 19-MI-03). RESOLUTION NO. R2003-230 h. AMENDMENT TO PAY PLAN: (TR10259) Authorizing a two and one-half percent (2.5%) adjustment to the minimum and a two and one-half percent (2.5%) adjustment to the maximum of the pay ranges in the bargaining unit pay plan. RESOLUTION NO. R2003-231 i. BID AWARD — SELF CONTAINED BREATHING APPARATUS: (TR10242) Awarding Bid No. 03-29B for the purchase of self contained breathing apparatus and associated equipment to Fisher Scientific Co., LLC at a total cost of $194,091, RESOLUTION NO. R2003-232 j. BID AWARD_ — LIGHTWEIGHT LIGHTWEIGHT FIRE RESCUE GEAR: (TR10243) Awarding Bid No. 03-30B for the purchase of urban search and rescue gear to Fisher Scientific Co., LLC at a total cost of $71,949. RESOLUTION NO. R2003-233 d. REMETERING AGREEMENT — LEXINGTON ON THE .GREEN APARTMENTS: (TR10217) Executing a remetering agreement with Tamarac Apartments, L.L.C., for the Lexington on the Green 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". City Attorney Kraft read Temporary Resolution 10217 by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Vice Mayor Roberts said she did not like October 8, 2003 3 remetering old apartments when the management firm did not subsidize the cost for the first year. Commissioner Flansbaum-Talabisco said in deference to Vice Mayor Roberts, remetering does help conserve water. On roll call Vice Mayor Roberts voted "no", Commissioner Sultanof "no", Commissioner Flansbaum-Talabisco "yes" and Mayor Schreiber "yes". Motion failed. Mayor Schreiber said since the vote was a tie he suggested the item come back before the commission at the next meeting to be heard when all the members of the Commission are present. Mayor Schreiber said approval of this item was recommended by Utilities Director Gagnon as well as having been recommended by all water companies for the purpose of water conservation. Conservation is a benefit to the city, and with remetering, the tenants pay only for their usage. Commissioner Sultanof agreed that water conservation is vital but felt that once the meter is installed it presented the landlord with the opportunity to raise the rent to offset the situation, and said he feels the Commission should look into a moratorium for the next year or so. Utilities Director Gagnon said while it is not possible to say rents will not be raised ever, it is not the intent of remetering; people who have free water tend to use more than people who are accountable. Mayor Schreiber added landlords can increase rents at any time; the city has no control over this; additionally, if the Commission feels the ordinance poses a hardship to residents, the Commission should have it removed. END OF CONSENT AGENDA REGULAR AGENDA 7. APPOINTING MEMBERS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE: (TR10256) Motion to approve Resolution appointing five (5) members to e thEconomic Development Advisory Committee, one (1) member each appointed by the Commissioner from each district and one (1) at -large member appointed by the Mayor and serving a term concurrent with the appointing commissioner; and two alternate members, one (1) being a permanent seat for the Chair or designee of the Greater Tamarac Chamber of Commerce and the other appointed by majority vote and serving a one-year term (Case No. 18-MI-03). City Attorney Kraft read Temporary Resolution 10256, Revision 4, by title. Vice Mayor Roberts seconded by Commissioner Sultanof moved approval. City Attorney Kraft said this was discussed in workshop session on October 7, 2003, but no formal action was taken. City Clerk Swenson read the Commissioners' choices as discussed on October 7, 2003, in workshop session: Commissioner Portner selected Harry Dressler; Commissioner Flansbaum-Talabisco selected Anthony Mijares; Commissioner Sultanof selected Malcolm Butters; Vice Mayor Roberts selected Nate Caplan; Mayor Schreiber selected Keith Koenig; the alternate delegate selected on behalf of the Chamber of Commerce was Ron Hawthorne, and the alternate delegate selected to serve for one year was Andy Berns. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval of the selections made by the Mayor and City Commission. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Flansbaum- Talabisco "yes", and Mayor Schreiber "yes". Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval of Temporary Resolution 10256, as amended. On roll call Commissioner Sultanof voted "yes", Commissioner October 8, 2003 4 Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Roberts "yes". Motion carried. RESOLUTION NO. R2003-234 City Manager Miller acknowledged the new appointees: Harry Dressler, Tony Mijares, Malcolm Butters, Nate Caplan, Keith Koenig, Ron Hawthorne and Andy Berns. ORDINANCE — FIRST READING 8. AMENDING CHAPTER 2 OF THETAMARAC CODE — SECTION 2-235, ESTABLISHMENT OF CERTAIN DEPARTMENTS AND OFFICES: (T02026) Motion to adopt Ordinance on first reading amending Chapter 2, Administration; Article IV, Section 2-235 Establishment of Certain Departments and Offices, of the Tamarac Code, changing the Building Department name; providing for codification. City Attorney Kraft read Temporary Ordinance 2026 on first reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes". Motion carried. APPROVED ON FIRST READING PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER 9. GRANT APPLICATION — LOCAL LAW ENFORCEMENT BLOCK GRANT: (TR10254) Applying for grant funding in the amount of $21,747 from the U.S. Department of Justice through the Local Law Enforcement Block Grant to enhance crime prevention and law enforcement programs providing for a $2,416 cash match and a total project cost of $24,163. City Attorney Kraft read Temporary Resolution 10254 by title. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak closed the public hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes". Motion carried. RESOLUTION NO. R2003-235 ORDINANCE — SECOND READING 10, AMENDING CHAPTER 8 OF THETAMARAC CODE — SECTION 8-10. VARIANCES: (T02013) Motion to adopt Ordinance on second reading amending Chapter 8, Flood Prevention and Protection, Section 8-10. Variances, of the Tamarac Code, amending the variance procedures; providing for codification. City Attorney Kraft read Temporary Ordinance 2013, Revision #1, on second reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Vice Mayor Roberts "yes". Motion carried. ORDINANCE NO. 0-2003-26 October 8, 2003 5 QUASI-JUDICIAL HEARINGS 11. AMENDING PRIOR ZONING — "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2" PLAT: (T02024) Motion to adopt Ordinance on first readinn amending prior zoning of certain real estate property from A-1 (Limited Agricultural District) to LI-1 (Light Industrial District), lands commonly known as the North'/2 of Tract 10, 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 Broward County, Florida, located south of McNab Road, west of Hiatus Road (Case No. 27-Z-03); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2024, Revision #1, on first reading by title. Commissioner Flansbaum- Talabisco seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures and Mary Ann Winfield, owner, waived her quasi-judicial rights. Community Development Director King gave a presentation. Commissioner Sultanof asked the purpose of the rezoning and Community Development Director King explained it is for a tentative multi -tenant building. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Roberts voted "yes", Commissioner Flansbaum- Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. APPROVED ON FIRST READING 12. AMENDING PRIOR ZONING — "MAINLANDS OF TAMARAC LAKES, NINTH SECTION" PLAT: (T02025) Motion to adopt Ordinance on first reading amending prior zoning of certain real estate property from B-1 (Neighborhood Business District) to B-2 (Community Business District), lands commonly known as Parcel "A" of the "Mainlands of Tamarac Lakes, Ninth Section" Plat, according to the Plat thereof as recorded in Plat Book 67, Page 48 of the Public Records of Broward County, Florida, located at 5800 North University Drive (Case No. 33-Z-03); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2025, Revision #1, on first reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Erik Bloom waived his quasi-judicial rights on behalf of the owner. Community Development Director King gave a presentation. Mayor Schreiber asked if the property was located on the east side of University Drive and the size of the property. Community Development Director King said it is a small piece of property between Big Lots and Broward Teachers Union. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. APPROVED ON FIRST READING END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS October 8, 2003 6 City Manager Miller added that the fountain is on at the Tamarac Community Center and he hoped everyone would take the time to go and see it. Mayor Schreiber asked how late in the evening it would stay on, and City Manager Miller said it is to be on 24 hours a day. There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular commission meeting at 8:45 p.m. MARION SWENSON, CIVIC CITY CLERK 1 1 October 8, 2003 7 JOE SCHREIBER, MAYOR