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HomeMy WebLinkAbout2003-10-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY OCTOBER 22, 2003 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, October 22, 2003 at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L. Sultanof. ABSENT (EXCUSED FOR CAUSE): Vice Mayor Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Edward C. Portner led the Pledge of Allegiance. INTRODUCTION 1.1 SWEARING -IN CEREMONY MILLENNIUM MIDDLE SCHOOL STUDENT GOVERNMENT OFFICERS: Commissioner Flansbaum-Talabisco introduced the Millennium Middle School Student Council members -elect: Student Council President Stephanie Riggins, Eight Grade Vice President Stephanie Bell, Seventh Grade Vice President Sanche Bell, Sixth Grade Vice President Andrew Pentland, Treasurer Kalene Case, Secretary Nishelle Johnson, and Historian Amber Keels. Mayor Schreiber administered the oath of office to the group as a whole, and said these are our future leaders, and told them it is good to get involved with government and do something to make this a better country. 1.2 PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming the week of October 19-25, 2003 as City Government Week. Piper High School Student Government President Edwina Wood and Millennium Middle School Student Council President Stephanie Riggins accepted on behalf of their schools. Ms. Wood thanked Mayor Schreiber and the Commission on behalf of Piper High School and thanked the Commission for inviting the students to participate in Government Day. b. Presentation by Linda Davidson, Director, City of Boca Raton Office of Management & Budget, of the Government Finance Officers Association Distinguished Budget Presentation Award which has been presented to the City for the FY 2003 Adopted Budget. Mayor Schreiber, Finance Director Newman and Finance/Budget staff accepted. October 22, 2003 1 C. Presentation by Mayor Schreiber of a proclamation proclaiming November 2-8, 2003 as "Reflex Sympathetic Dystrophy Syndrome Week". Public Information Officer Crockett accepted. d. Presentation by Mayor Schreiber of a proclamation proclaiming October 25, 2003 as "Make A Difference Day". Public Information Officer Crockett accepted. e. Presentation by Mayor Schreiber of a proclamation proclaiming the week of October 20-25, 2003 as "World Population Awareness Week". Community Development Director King accepted. f. Presentation by Mayor Schreiber of a proclamation proclaiming the month of November 2003 as "National Epilepsy Awareness Month", Assistant City Clerk Schneider accepted. g. Presentation by Mayor Schreiber of a proclamation commending Sergio Garces for his service in the Air Force Reserves during the Iraq war. Mr. Garces accepted and said it is an honor to be here. Mr. Garces thanked his Tamarac brothers and sisters in the Tamarac Fire Department for their e-mails and care packages while he was in Iraq. Mr. Garces then presented Mayor Schreiber with a proclamation in appreciation of Tamarac's support of the United States. Mayor Schreiber said the City of Tamarac is proud of Mr. Garces. h. Presentation by Chief Budzinski of the 2002 Life Safety Achievement Award from the Residential Fire Safety Institute (RFSI), which award was presented to Tamarac Fire Rescue on October 1, 2003 for having no fire fatalities in the community during 2002. Chief Budzinski acknowledged the Tamarac Fire Rescue staff present, as well as new members of the Fire Rescue staff. Mayor Schreiber said he is proud to accept this award on behalf of the City. Ir]y167-iI-i 2. City Commission: Mayor Schreiber said it is fantastic to have a meeting of this sort with students in attendance; these young people will move forward and eventually sit in these seats and become part of government. Mayor Schreiber said he is proud of government day and thanked the Piper High School students for their participation. Commissioner Portner said it is a pleasure to see Wally Coghlan of Mainlands 5 and Burt Schneider of Woodmont in attendance at today's meeting. They have both been missed over the past months. Commissioner Sultanof echoed the sentiments of his fellow commissioners. Commissioner Sultanof said politics is defined as the art of governing and he admires all the students, and delights in knowing that our future sits before us in today's audience. Commissioner Flansbaum-Talabisco said it is great to see everyone here — so many young, fresh faces. Commissioner Flansbaum-Talabisco said she is fortunate to have October 22, 2003 2 been elected to join a team of well -respected, seasoned elected officials. This commission has done and continues to do so much. Commissioner Flansbaum- Talabisco enumerated the many meetings she has attended in the past few months, and praised the fire department on the open house held on October 18th 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported that Community Development informed him Bud's Carpet and Tile at 4980 N State Road 7 has applied for assistance from the City's rehabilitation program, and work scheduled to begin in November is the facade, paving of the parking lot, and external painting. The program meets HUD requirements. Finance reports that customer service will begin implementing the refunds on deposits as authorized by the City Commission. The Fire Department's open house was a huge success with over 2,000 residents in attendance at Station 41. Participation from many area agencies made the day a triumph. The second Tamarac Extrication Competition was held and Tamarac placed 4t". City Manager Miller thanked all who participated, in particular Tom Vreeland's team and the Public Works Department for their expertise in setting up the site. City Manager Miller thanked Parks and Recreation for the use of the show mobile and Patty Tomaszewski, Risk and Safety Manager, for her efforts in engineering the safety of the event. Parks and Recreation reports that Tamarac was awarded $1,500 in grant funding from NRPA and the NFL, to increase youth football programs; making this is the fourth year Tamarac has received this grant money. The Parks and Recreation Fall Fashion Show on October 17 was attended by over 70 guests; the Community Garage Sale on Saturday was a success and all vendor spaces were sold — over 200 shoppers attended the event; Halloween events are scheduled on Saturday, October 25 from 1:00-2:30 p.m. for the 5 and under age group, and on Wednesday, October 29th an event is scheduled for all ages at the Multi Purpose Center. Free flu shots will be administered on Thursday, November 6t" donated by University Hospital and Medical Center, beginning at 8:30 a.m. Proof of residency is required and it is first come first served. City Manager Miller invited everyone to join in honoring our veterans during the Veterans' Day Parade on Tuesday November 111h, beginning at 9:00 a.m. After the parade there will be a traditional ceremony at Veterans' Park and refreshments will be served immediately after the ceremony. 5. PUBLIC PARTICIPATION:_ Odiel Feyers, 7421 NW 701h Avenue, Tamarac, congratulated Vice Mayor Roberts for her efforts on behalf of Section 14 and Sunflower with regard to speed humps. Mayor Schreiber suggested that Mr. Feyers write Vice Mayor Roberts a letter of appreciation. CONSENT AGENDA 6. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved the addition of Temporary Resolution 10276 as item 6(p) on the consent agenda. TR10276, supporting the Town of Davie's request that the Florida Department of Transportation's widening of the Florida Turnpike include sound walls from Southwest 36th Street to Griffin Road. City Attorney Kraft read Temporary Resolution 10276 by title. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum- October 22, 2003 3 Talabisco "yes", Mayor Schreiber "yes", and Commissioner Portner "yes". Motion carried. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved the addition of Temporary Resolution 10275 as item 6(q) on the consent agenda. TR10275, requesting that Broward County continue to serve as the Community Transportation Coordinator (CTC) for Broward County, and continue to provide non - emergency medicaid transportation service to eligible Broward County residents and fund such services from the county budget, if necessary. City Attorney Kraft read Temporary Resolution 10275, Revision #1, by title. On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Commissioner Partner "yes", and Commissioner Sultanof "yes". Motion carried. Commissioner Portner seconded by Commissioner Sultanof moved approval of all items on the consent agenda, including items 6(p) and 6(q). On roll call Mayor Schreiber voted "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. a. APPROVE the minutes of the October 8, 2003 regular City Commission meeting. APPROVED b. PARKING WAIVER APPLICATION FEE REFUND: (TR10258) Approving a Parking Waiver application fee refund in the amount of $2,500.00 to be issued to Micron U.S.A. Corp., owner of the Sabal Palm Plaza located at 5100 West Commercial Boulevard (Case No. 17-MI-03). RESOLUTION NO. R2003-236 C. FLU SHOTS: (TR10252) Executing a Hold Harmless Agreement between the City of Tamarac and University Hospital & Medical Center relating to University Hospital & Medical Center donating and administering six hundred (600) free flu shots to Tamarac residents and city employees at the Tamarac Community Center on Thursday, November 6, 2003. RESOLUTION NO. R2003-237 d. AGREEMENT — REGIONAL ROAD CONCURRENCY — "TUSCANY PLAT": (TR10263) Executing the "Regional Road Concurrency Agreement -- County Project' between Broward County, Tuscany Townhomes, Inc. and the City of Tamarac for road Concurrency relating to "Tuscany Plat' located on the northwest corner of NW 57th Street and NW 79th Avenue (Case No. 3-AP-03). RESOLUTION NO. R2003-238 e. BID AWARD — CURB INSTALLATION: (TR10257) Awarding Bid No. 03-25B for the installation of type F curb to Tropex Construction Services, Inc.; executing an agreement with Tropex Construction Services, Inc. for installing type F curb; authorizing an expenditure of funds in an amount not to exceed $41,664. RESOLUTION NO. R2003-239 f. AGREEMENT — REMETERING FOR LEXINGTON ON THE GREEN APARTMENTS: (TR10272) 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 October 22, 2003 4 applicable developer's agreement and in accordance with City Code Section 22- 30, "Limitations of Use". RESOLUTION NO. R2003-240 g. AGREEMENT — VOIDING WATER AND SEWER DEVELOPER'S AGREEMENT FOR LAKES OF CARRIAGE HILLS SHOPPING PLAZA: (TR10222) Executing an agreement with New Life Fellowship Center Church of God, Inc., voiding the Water and Sewer Developer's Agreement with Commonwealth Savings and Loans Association of Florida for the Lakes of Carriage Hills Shopping Plaza located on the southeast corner of Bailey Road and Rock Island Road; forgiving all delinquent guaranteed revenues in the approximate amount of $7,500; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2003-241 h. PURCHASE OF COMPUTER EQUIPMENT: (TR10251) Replacing obsolete computer equipment, purchase of network storage and backup systems, and purchase of application servers, utilizing State of Florida Contract #250-000-03-1 in an amount not to exceed $150,000. RESOLUTION NO. R2003-242 i. BID RENEWAL — PURCHASE OF AQUATIC, ORNAMENTAL AND TURF HERBICIDES: (TR10262) Renewing Bid #03-01 B for the purchase of aquatic, ornamental and turf herbicides from Helena Chemical Company, Agra, Distribution, LLC d/b/a Pro Source One, and UAP Timberland, LLC in an amount not to exceed $81,700 per year for the two-year term. RESOLUTION NO. R2003-243 j. RENEWAL OF BASIC LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT COVERAGE — METROPOLITAN LIFE INSURANCE COMPANY: (TR10267) Renewing basic life insurance and accidental death & dismemberment coverage with Metropolitan Life Insurance Company at the present rate the City pays for basic life insurance and accidental death & dismemberment insurance coverage effective January 1, 2004; providing for the continuation of the existing cost allocation of the basic life insurance and accidental death & dismemberment insurance premium between the City and employees. RESOLUTION NO. R2003-244 k. RENEWAL OF DENTAL INSURANCE PROGRAM — AETNA LIFE INSURANCE COMPANY: (TR10266) Renewing the City's dental insurance program with Aetna Life Insurance Company effective January 1, 2004 with a rate increase of 4%; providing for the continuation of the existing cost allocation of the dental insurance premium between the City and employees. RESOLUTION NO. R2003-245 I. RENEWAL OF LONG-TERM DISABILITY INSURANCE COVERAGE — UNUM: (TR10268) Renewing long-term disability insurance coverage with UNUM at the present rate the City pays for insurance coverage for employees in the appointed, executive, managerial/professional and administrative categories who participate in the city's 401(a) retirement plan effective January 1, 2004; providing for the continuation of the existing cost allocation of the long-term disability insurance premium between the City and employees. RESOLUTION NO. R2003-246 October 22, 2003 5 M. HEALTH INSURANCE COVERAGE RENEWAL — AETNA US HEALTHCARE: (TR10261) Renewing the coverage for the City's health insurance program with Aetna US Healthcare for the plan year effective January 1, 2004; providing for premium rates changes; providing for the continuation of the current cost allocation of the health insurance premium between the City and employees; providing for a waiver reimbursement maximum. RESOLUTION NO. R2003-247 n. PURCHASE OF RESCUE VEHICLES AND EQUIPMENT: (TR10244) Purchasing five advanced life support rescue vehicles with equipment utilizing Bid Award Announcement 03-04-0828 Specification #02 of the Florida Fire Chiefs' Association, Florida Sheriff's Association and Florida Association of Counties, from American LaFrance MedicMaster for rescue vehicles and equipment at a total cost of $918,480; authorizing the trade of three rescue vehicles. RESOLUTION NO. R2003-248 o. SUPPORTING CITY OF PLANTATION'S REQUEST FOR BUFFER WALL: (TR10273) Supporting the City of Plantation's request for the installation of a noise buffer wall, provision of an easement, use of right-of-way, and certain other improvements; authorizing the City Clerk to provide a copy of this resolution to each member of the Florida Department of Transportation's Florida Turnpike Enterprise, the Broward County Metropolitan Planning Organization, the City of Plantation, and any other interested parties. RESOLUTION NO. R2003-249 P. SUPPORTING TOWN OF DAVIE'S REQUEST FOR SOUND WALLS: (TR10276) Supporting the Town of Davie's request that the Florida Department of Transportation's widening of the Florida Turnpike include sound walls from Southwest 36th Street to Griffin Road. RESOLUTION NO. R2003-250 q. REQUESTING WBROWARD COUNTY CONTINUE SERVING AS COMMUNITY TRANSPORTATION COORDINATOR CTC AND PROVIDING NON - EMERGENCY MEDICAID TRANSPORTATION SERVICE: (TR10275) Requesting that Broward County continue to serve as the Community Transportation Coordinator (CTC) for Broward County, and continue to provide non -emergency medicaid transportation service to eligible Broward County residents and fund such services from the county budget, if necessary. RESOLUTION NO. R2003-251 END OF CONSENT AGENDA REGULAR AGENDA PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCE — SECOND READING 7. AMENDING CHAPTER 2 OF THE TAMARAC CODE — SECTION 2-235 ESTABLISHMENT OF CERTAIN DEPARTMENTS AND OFFICES: (T02026) Motion to adopt Ordinance on second reading amending Chapter 2, Administration; Article IV, October 22, 2003 6 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 second reading by title. Commissioner Portner seconded by Commissioner Sultanof 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 Commissioner Portner "yes". Motion carried. ORDINANCE NO. 0-2003-27 QUASI-JUDICIAL HEARINGS 8. AMENDING_ PRIOR ZONING — "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2" PLAT: (TO2024) Motion to adopt Ordinance on second reading 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 second reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Joseph Piscotti waived his quasi-judicial rights. Community Development Director King gave a presentation. Mayor Schreiber opened the public hearing. Mayor Schreiber asked for the location of the property and the owner's intent for its use. Community Development Director King said it is north of City Furniture on Hiatus Road and the owner wishes to develop the property to approximately a 100,000-150,000 sq. ft. industrial multi -tenant use. Commissioner Sultanof questioned the acreage, and whether the offices would be sold to individual sub -dividers. Community Development Director King said it is 8 acres and Mr. Piscotti responded in the affirmative regarding the sale to sub -dividers. Commissioner Sultanof asked if condo law applied in this instance and questioned taxes. Community Development Director King said typically under this type of development there is a master association that oversees common areas and the responsible business owners maintain those items specific to their agreements. Mr. Piscotti said each individual pays his/her own tax as well as assessments. With no one wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Partner "yes", Commissioner Flansbaum-Talabisco voted "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2003-28 9. AMENDING PRIOR ZONING -- "MAINLANDS OF TAMARAC LAKES, NINTH SECTION" PLAT: (TO2025) Motion to adopt Ordinance on second 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 October 22, 2003 7 the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2025, Revision #1, on second reading by title. Commissioner Portner seconded by Commissioner Sultanof 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 opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. ORDINANCE NO. 0-2003-29 10. AMENDING PRIOR ZONING — PARCEL "P" OF THE "LYONS INDUSTRIAL PARK" PLAT: (TO2027) Motion to adopt Ordinance on first reading amending prior zoning of certain real estate property (aka: Lyons Industrial Park Plat) from RM-5 (Multi -Family Residential District), RM-10 (Planned Apartment Residential District) and R-4A (Planned Apartment Residential District) to R-3 (Low -Density Multi -Family Residential District) lands commonly known as All of Parcel "P" of the "Lyons Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida, located north of NW 57th Street @ NW 915t Avenue (Case No. 37-Z-03); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2027 on first reading by title. Commissioner Portner seconded by Commissioner Flansbaum- Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Attorney Gerald L. Knight, Holland and Knight, waived his quasi-judicial rights on behalf of the owner. Community Development Director King gave a presentation. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72 Street, Tamarac, questioned the number of units, possible increase in population and available water resources. Community Development Director King said there are 536 townhouse units proposed, and at 2-2.5 people per unit, this translates to 1,000 — 1,500 people. Demands on infrastructure are handled through the site plan process and there is sufficient water and sewer capacity to handle the additional population. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. APPROVED ON FIRST READING OCTOBER 22, 2003 11. SPECIAL EXCEPTION — SUBWAYq& _SABAL PALM PLAZA: (TR10264) Motion to approve Resolution granting a Special Exception to allow the operation of a Subway restaurant within a B-1 (Neighborhood Business District) zoning category to Subway @ Sabal Palm Plaza, located at 5100 West Commercial Boulevard in the Sabal Palm Plaza (Bay 5), specifically Parcel "A" of the "Burkard Office Plaza" Plat, according to the Plat thereof as recorded in Plat Book 80, Page 47 of the Public Records of Broward County, Florida (Case No. 40-Z-03); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 10264 by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Gautman (Tam) Mehta waived his quasi- judicial rights. Community Development Director King gave a presentation. Mayor Schreiber asked if alcohol would be served and Community Development Director King October 22, 2003 8 said Subway restaurants do not serve alcohol. Commissioner Sultanof spoke about the turnpike construction and the fact that once that is completed traffic should be eased on the corner of Rock Island Road and Commercial Boulevard. Commissioner Sultanof asked if the concurrency numbers received from the County were numbers calculated prior to the completion of the road construction, and added that there needs to be more activity in the strip mall. Community Development Director King said there is sufficient traffic capacity. Commissioner Flansbaum-Talabisco spoke of her concern regarding traffic at the intersection of Rock Island Road and Commercial Boulevard, and questioned the entrances to the shopping center. Community Development Director King said there are two entrances and they will not change. Commissioner Portner said he had an appointment and needed to leave the meeting. Commissioner Portner left the meeting at 10:00 a.m. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Flansbaum- Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2003-252 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular commission meeting at 10.05 a.m. JOE SCHREIBER, MAYOR MARION SWE SON, CIVIC , . ,,1 TA ; ,�,� ., C1 CITY CLERK �_ PA1' ;ED f,`f P,11 tjNG OF October 22, 2003 9