HomeMy WebLinkAbout2001-01-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JANUARY 10, 2001
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order on Wednesday, January 10, 2001 at 7:00 p.m., in Chambers at Tamarac City
Hall, 7525 NW 881h Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward
C. Portner and Commissioner Marc L. Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft and City
Clerk Marion Swenson.
Mayor Schreiber called for the pledge of allegiance and a moment of silence in memory
of Commissioner Larry Mishkin.
1. PRESENTATION of a plaque to Louis Silverman by Mayor Schreiber and
Commissioner Sultanof for 18 years of outstanding service on the Public Information
Committee, and Mr. Silverman accepted.
2. PRESENTATION of a plaque to Ben Chicofsky by Mayor Schreiber and
Commissioner Sultanof for 18 years of outstanding service on the Public Information
Committee, and Mr. Chicofsky accepted.
Commissioner Sultanof thanked Messrs. Silverman and Chicofsky for the great work
they have done these past 18 years for the City of Tamarac.
3. PUBLIC PARTICIPATION: Marvin Seidel, 9645 N Belfort, Tamarac, spoke
about the increased millage and the voting sequence. Ken Pomerantz, 10076 S Nob
Hill Circle, Tamarac, Florida, spoke about complaints made against him while he was
an employee of the City. Burt Schneider, 8016 NW 72 Street, Tamarac, Florida, said
Commissioner Mishkin will be missed, and spoke about the disastrous conditions on
McNab Road.
REPORTS
4. City Commission: Vice Mayor Roberts extended condolences to Mrs. Mishkin
on the recent loss of her husband and Tamarac's former Commissioner. Vice Mayor
Roberts asked the City Manager to send a letter to the County expressing concern over
the safety of McNab and Pine Island Roads. Vice Mayor Roberts thanked City
Manager Miller and Public Works Director Verma, both of whom have fought for a traffic
light in front of Tamarac Elementary School, and said the County would be installing a
light at that location.
January 10, 2001
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Commissioner Portner extended condolences to Mrs. Mishkin on Commissioner
Mishkin's passing, and said the Commissioner had a marvelous sense of humor.
Commissioner Partner joined in Vice Mayor Roberts' concerns regarding the
construction on McNab and Pine Island Roads, and asked City Manager Miller to confer
with Chief Goldstein about stationing officers at that corner around the clock.
Commissioner Sultanof said he lost a true friend with Commissioner Mishkin's passing;
he was an advocate and a decent man who served government well and will be sorely
missed, and extended condolences to Mrs. Mishkin. Commissioner Sultanof said while
the County is working the road it does not mean they have the right to destroy that area
of the City. The mall on Pine Island Road has suffered because of this construction,
and Commissioner Sultanof asked City Manager Miller to personally appear at the
County to find out what is taking them so long. Additionally, there is a large hole in the
road at 701h Street, which people are not warned about.
Mayor Schreiber suggested City Manager Miller contact Mr. Dickson, the project
manager of the construction to get him to rectify the situation. Mayor Schreiber said the
construction on McNab Road should be completed by February. Mayor Schreiber
wished everyone a happy new year and thanked everyone for attending the meeting.
Mayor Schreiber said the Community Center is doing well, and last Friday night 200
people attended the concert at the Community Center. Mayor Schreiber said he has
received many phone calls and letters complementing the City on its beautification
efforts.
5. City Attorney_: City Attorney Kraft had no report.
6. City Manager: City Manager Miller reported that Tamarac received a $10,000
grant from the Florida State Department of Agriculture for new trees. The Finance
Department received the GFOA Certificate of Excellence for FY99. This is the 11'h
consecutive year the City won this award, and there will be a presentation at an
upcoming meeting. The Fire Department participated in Tamarac CERT group disaster
drills during December and January. Next week they will travel to Universal Studios to
interact with other groups from the State. The Fire Department staff extends a big
thank you to all employees who donated toys during Christmas. There were enough
toys to distribute to needy families in Tamarac and to the local hospital. Parks and
Recreation membership at the fitness center has reached over 900, and over 500
seniors have signed up for various programs. The Utilities Department reports that the
SFWMD will approve phase 2 water restrictions tomorrow, and information will be
disseminated to the public. City Manager Miller said he is pleased to announce that the
three-year contract with the IAFF has been ratified, and this is a major accomplishment
for the City. City Manager Miller congratulated Personnel Director Maria Swanson, Bob
Soloff, Special Labor Counsel, and Rex Van Mehren, Firefighter Union Representative,
for their outstanding efforts. Many others were involved in this process, and City
Manager Miller said they would be recognized at a later date.
January 10, 2001
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CONSENT AGENDA
7. Commissioner Sultanof seconded by Commissioner Portner moved approval of
all items on the Consent Agenda. On roll call Commissioner Sultanof voted "yes",
Commissioner Portner "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes".
Motion carried.
a. APPROVE the minutes of the December 13, 2000 Commission meeting.
APPROVED
b. TRANSPORTATION IMPROVEMENTS TO RELIEVE TRAFFIC CONGESTION:
(TR9236) Urging the Florida Department Of Transportation (FDOT) to fast -track
the scheduling of proposed transportation improvements to relieve traffic
congestion and delays on Commercial Boulevard between S.R.7/US 441 and
Rock Island Road and to initiate completion of such improvements prior to
December 31, 2001; providing for transmittal of this resolution to the Florida
Department of Transportation (FDOT), Broward County Transportation Planning
Division and Florida Turnpike Authority.
RESOLUTION NO. R2001-06
C. GRANT AWARD & CONCEPTUAL APPROVAL AGREEMENT: (TR9234)
Accepting a grant award and authorizing a Conceptual Approval Agreement
between the City and Florida Communities Trust in the amount of $257,780 for
reimbursement of a portion of the acquisition costs for the McNab Park parcel.
RESOLUTION NO. R2001-07
d. FAGERSTROM PLAT - CASE NO. 9-P-00 - MF #02-96 (TR9214) Granting a
Vacation of Easement of a ten foot (10') utility easement along the east property
line within the Fagerstrom Plat located at the north side of Commercial
Boulevard, west of University Drive; specifically Tract "A" of the "Fagerstrom
Plat", according to the Plat thereof as recorded in Plat Book 164, Page 46 of the
Public Records of Broward County, Florida; Case No. 9-P-00.
RESOLUTION NO. R2001-08
e. AGREEMENT - SENIOR CENTER PROGRAM AT THE TAMARAC
COMMUNITY CENTER: (TR9243) Executing an agreement in the amount of
$244,217, between Broward County and the City of Tamarac for a Senior Center
Program at the Tamarac Community Center, Broward County's U.S. Department
of Housing and Urban Development (HUD), Community Development Block
Grant Program, 261" Year.
RESOLUTION NO. R2001-09
f. APPOINTING NINE U MEMBERS TO THE MASTER PLAN ADVISORY
COMMITTEE: (TR9235) Appointing nine (9) members to the Master Plan
Advisory Committee for a limited term to work with the consultant and staff on all
aspects of the "Parks, Open Space, Recreation and Social Services Master
Plan" project; providing for the election of a chairperson.
RESOLUTION NO. R2001-10
g. AGREEMENT - INTERNATIONAL ASSOCIATION OF FIREFIGHTERS: (TR9245)
Approving and executing the Agreement with the International Association of
Firefighters, Local 3080 for the period from October 1, 2000 to September 30, 2003;
January 10, 2001
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authorizing the preparation of amendments to Chapter 16 of the City Code for
consideration by the Pension Board; providing for the transfer of funds.
RESOLUTION NO. R2001-11
h. AGREEMENT - WESTWAY TOWING, INC. (TR9221) Executing an agreement with
Westway Towing, Inc. for furnishing towing services for the City of Tamarac for a
five year period beginning January 1, 2001 through December 31, 2005 with an
option to renew for an additional five year period for an amount of $37,500 annually
and in accordance with RFP 00-14R.
RESOLUTION NO. R2001-12
END OF CONSENT AGENDA
REGULAR AGENDA
8. REVISING THE CITY COMMISSION VOTING SEQUENCE: (TR9179) Motion to
adopt resolution amending Resolution No. R-97-303, revising Section 2, Paragraph 9.2 of
the Rules of Procedure of the City Commission, revising the City Commission Voting
Sequence. City Attorney Kraft read Temporary Resolution 9179, Revision #1, by title.
Commissioner Portner seconded by Commissioner Sultanof moved approval. Mayor
Schreiber said this resolution changes the voting sequence, and throughout the history of
Tamarac the Mayor has always voted last. On roll call Commissioner Partner voted "yes",
Commissioner Sultanof "yes", Vice Mayor Roberts "no", and Mayor Schreiber "no". Motion
failed.
MOTION FAILED
ORDINANCE - SECOND READING
9. TELECOMMUNICATIONS - TERMS AND CONDITIONS: (TO1917) Motion to
Adopt Ordinance on second reading creating Chapter 5.6 of the City Code, entitled
Telecommunications, Sections 1 through 16, providing the terms and conditions for the
erecting, constructing, and maintaining of a telecommunications facility in the City's
public rights of way for the provision of telecommunications service; providing for
codification; providing for conflicts; providing for savings. City Attorney Kraft read
Temporary Ordinance 1917, Revision #9, on second reading by title. Commissioner
Sultanof seconded by Vice Mayor Roberts moved approval. Assistant City Manager
Hemstreet gave a presentation. Mayor Schreiber said he received several
communications from the industry regarding changes to the ordinance. Mayor
Schreiber opened the public hearing. Barbara Hall, Esq., of Greenberg Traurig, et al.,
spoke on behalf of TCG South Florida. City Attorney Kraft advised the Commission to
move forward with the Ordinance and come back at a later date with revisions. Mayor
Schreiber agreed it was not an opportune time to make changes. Commissioner
Sultanof asked what the difference was between the Ordinance discussed at the
workshop and the changes now being requested. Jorge Cruz Bustillo,
Telecommunications Counsel, of Liebowitz and Associates, explained that the changes
discussed at the workshop were clarifications, and not substantive changes. This
January 10, 2001
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morning he and Ms. Hall discussed several matters, but could not agree on all of them.
These things can be brought before the Commission in the form of amendments, and
Mr. Bustillo agreed with City Attorney Kraft to pass the Ordinance at this time and come
back at a later date with amendments. Ms. Hall asked to have the draft of her
requested changes made a part of the record, and said one issue she and Mr. Bustillo
were not able to come to terms on was the pass through charge. Assistant City
Manager Hemstreet explained the pass through charge, and Matt Liebowitz, Esq.,
Telecommunications Counsel said he disagrees with the interpretation of the statute
regarding the $500 pass through charge. Mr. Liebowitz urged the Commission to adopt
the Ordinance tonight. Jane Lhota, Esq., of Holland and Knight LLP spoke on behalf of
American Communication Services of Jacksonville, Inc. d/b/a e.spire, and Metromedia
Fiber Network Services, Inc. Ms. Lhota said she concurred with Ms. Hall and disagreed
with Telecommunications counsel regarding the pass through charge. Commissioner
Portner asked about the security fund, and Ms. Lhota responded. Kathy McKenzie of
BellSouth asked to have wording in section 13(a), Construction Bond changed from
"shall" to "may be required". Burt Schneider, 8016 NW 72 Street, Tamarac, questioned
the pass through fee. City Attorney Kraft and Mr. Bustillo responded. With no one else
wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner
Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and
Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2001-01
QUASI-JUDICIAL HEARINGS
10. SPECIAL EXCEPTION - OXFORD ACADEMY: (TR9225) Motion to approve
Resolution granting a Special Exception to allow a daycare (nursery) facility in a 13,000
square foot freestanding building in a B-1 (Neighborhood Business District) zoning
category to Oxford Academy, located at 6801 West Commercial Boulevard
(Marketplace at Tamarac shopping plaza); specifically Parcel "A" of the "RK Plat",
according to the Plat thereof as recorded in Plat Book 143, Page 22 of the Public
Records of Broward County, Florida; Case No. 17-Z-00; providing for conditions of
approval. City Attorney Kraft read Temporary Resolution 9225 by title. Commissioner
Sultanof seconded by Vice Mayor Roberts moved approval. City Attorney Kraft
explained the quasi-judicial process and Michael Janoura, owner and Steve Markley,
Franchisee, waived their quasi-judicial rights. Mayor Schreiber expressed concern over
granting a special exception if the franchisee is not the applicant, and said since they
are going to be working with children, a background check of the applicant and
franchisee should be completed first. Community Development Director King
responded and said these things are done at the time of the occupational license
application. Commissioner Sultanof asked if there would be a nurse on staff, and if the
staff would be properly licensed. Mr. Markley responded. Vice Mayor Roberts asked
how many infants and/or children would be on the premises, and Messrs. Markley and
Janoura said it is regulated by the State. Mayor Schreiber opened the public hearing.
Walter Coghlan, 4806 NW 49 Court, Tamarac, spoke about safety of the children and
location of the school on Commercial Boulevard. With no one else wishing to speak,
Mayor Schreiber closed the public hearing. On roll call Commissioner Sultanof voted
January 10, 2001
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"yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R2001-13
11. SITE PLAN APPROVAL - COMFORT SUITES HOTEL: (TR9172) Motion to
approve Resolution issuing Revised Development Order No. 198.3 and New
Development Site Plan approval to the Comfort Suites Hotel to allow the construction of
a 45,744 square foot, four-story hotel consisting of 80 guest rooms; including a parking
waiver to allow for the provision of 95 parking spaces in lieu of the required 100 spaces,
and that 51 of the required spaces be 9 foot wide parking spaces in lieu of the required
10 foot wide parking spaces, Case No. 20-SP-00. City Attorney Kraft read Temporary
Resolution 9172, Revision #1, by title. Commissioner Sultanof seconded by
Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial
procedure and James E. Gilgenbach, Architect and Mr. Emperado, General Contractor
waived their quasi-judicial rights. Community Development Director King gave a
presentation. Mayor Schreiber asked about the exterior appearance of the building,
and Community Development Director King said the applicant met with staff and
worked to create a complimentary exterior. Commissioner Portner questioned the 9'
parking spaces, and Community Development Director King responded. There was
discussion regarding the advantages of 9' vs. 10' parking spaces, and diagonal vs. 90
degree spaces. Vice Mayor Roberts asked if the lot was smaller than required for a
building of this size, and whether there were any other four-story hotels in Tamarac.
Commissioner Sultanof asked if there would be a restaurant in the facility, and
Community Development Director King said there is no other four-story hotel in
Tamarac and there would be a continental breakfast area for those staying at the hotel.
Mayor Schreiber opened the public hearing. Sergie Olukolu, Brookside Cove, asked
about the traffic impact on Commercial Boulevard. Community Development Director
King said there would be one shared access point into the site. With no one else
wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner
Sultanof voted "yes", Commissioner Portner "yes", Vice Mayor Roberts "yes", and
Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-14
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the meeting at 8:35 p.m.
J E CHREIBER, MAYOR
CITY OF TABLARAC
MARION SW NSON; CMC APPROVED AT MEETING OF
CITY CLERK
January 10, 2001
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