HomeMy WebLinkAbout2002-02-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY FEBRUARY 13, 2002
CALL TO ORDER: Mayor Schreiber called the regular City Commission meeting to order at
7:05 p.m. on Wednesday, February 13, 2002, in Chambers, at Tamarac City Hall, 7525 NW
88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Commissioner Edward C. Portner, Commissioner Gertrude
Mishkin, and Commissioner Karen L. Roberts.
ABSENT AND EXCUSED FOR CAUSE: Vice Mayor Marc L. Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk
Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance and a
moment of silence for Terry Cantor, who recently passed away. Ms. Cantor put in many hours
for the City of Hope Cancer Drive.
1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming February 9-16,
2002 as National Child Passenger Safety Week. Mayor Schreiber called Commissioner
Roberts to the podium as he presented the proclamation to Lt. William Friel. Lt. Friel accepted
and said BSO and the City of Tamarac would be hosting a child safety seat inspection at City
Hall on February 16tn
2. PRESENTATION by Mayor Schreiber of a proclamation acknowledging the efforts of
the members of the Florida-Broward Region of Hadassah. Ms. Beatrice Wexelbaum accepted
and expressed thanks on behalf of the Florida-Broward Region, which has 12,000 members.
3. PRESENTATION by Mayor Schreiber of a proclamation proclaiming February 17-23,
2002 as Engineers' Week. Public Works Director Raj Verma accepted.
4. PUBLIC PARTICIPATION: Tarkan Ocal, 4210 NW 21 St., Lauderhill, FL, Interim
Director of the Broward County IT Department, spoke about the interest of two cities in Turkey
becoming involved with the sister cities program. Mr. Ocal introduced an informational booklet
into the record and said if Tamarac wishes to participate in the program, an expense paid trip
to Turkey for the Mayor and one Commissioner would be made available after the election.
REPORTS
5. City Commission: Commissioner Mishkin had no report.
Commissioner Portner welcomed Burt Schneider back.
Commissioner Roberts said the School Board would hold its first public hearing on boundaries
on February 20, 2002. Students from Tamarac Elementary School will go to Middle School II.
February 13, 2002
Commissioner Roberts said there is a petition in support of the purchase of land in Tamarac
for High School FFF in the rear of the Chambers. The School Board has $5 million available
for the construction of a High School. Commissioner Roberts reported that from 6:00 — 8:00
p.m. tonight, Dairy Queen is sponsoring a fundraiser for Tamarac Elementary School.
Commissioner Roberts wished Mayor and Mrs. Schreiber a happy anniversary (February 14th)
Mayor Schreiber said tomorrow marks 12 years that he and his lovely wife, Mae, have been
married.
6. City Attorney: City Attorney Kraft had no report.
7. City Manager: City Manager Miller reported that BSO Sgt. Logan and Deputy
Fitzgerald received their certification as crime prevention practitioners. They can now make
recommendations to businesses and residents in order to reduce potential crime, which falls
under the CPTED program. The Fire Department reports two fires on February 10th, one at a
residence in Pineapple Park at Woodmont and the other at 5433 N State Road 7. There were
no injuries. Assistant Fire Chief Forsberg is at the Olympics in Salt Lake City in response to
an appeal by the Park City Fire Department for volunteer fire inspectors. Parks and
Recreation reports that the 2002 Twilight Concert Series began February 1st; and the annual
Daddy and Daughter Valentine's Day Dance held last Saturday, was a success with
approximately 72 guests in attendance. A Very Special Sweetheart Dance will be held at the
Tamarac Community Center on Valentine's Day. Parks and Recreation is now handling the
Little League baseball program for physically and mentally challenged youth. The season
starts on March 3rd with games held each Sunday.
CONSENT AGENDA
8. Commissioner Roberts seconded by Commissioner Portner moved approval of all items
on the consent agenda. On roll call Commissioner Roberts voted "yes", Commissioner
Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the January 23, 2002 Regular Commission meeting.
APPROVED
b. CDBG 2001 APPROPRIATION: (TR9671) Accepting the official 2001 appropriation in
the amount of $366,000.00 to the City of Tamarac's U. S. Department of Housing and
Urban Development (HUD) Community Development Block Grant (CDBG) program for
the HUD Fiscal Year FY-2001 (Case No. 3-MI-02).
RESOLUTION NO. R2002-33
C. BILL OF SALE ABSOLUTE - SOUTHGATE VILLAGE: (TR9650) Accepting a Bill of
Sale Absolute from Centex Homes for the Water Distribution and Sewage Collection
System Improvements installed for the Southgate Village Project located at 8700
Southgate Boulevard, for City ownership; authorizing and directing the City Clerk to
record said document in the public records of Broward County.
RESOLUTION NO. R2002-34
d. CONTRACT AWARD - PUMP STATIONS 9, 13, 25 AND 34 REHABILITATION
PROJECT: (TR9629) Awarding Bid No. 02-01 B to, and executing a contract with, the
lowest responsive and responsible bidder, Azurix North America, for an amount of
$412,668.51 for Pump Stations 9, 13, 25 and 34 Rehabilitation Project; and approving
February 13, 2002
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funding for this project from the appropriate utilities operational and CIAC Accounts;
authorizing the appropriate City officials to administer the contract.
RESOLUTION NO. R2002-35
e. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT:
(TR9648) Accepting and executing a Utility Easement Encroachment and Hold
Harmless Agreement with Luther Davis for a driveway extension placed within a utility
easement located at 7112 NW 661h Terrace; authorizing and directing the City Clerk to
record said agreement in the public records of Broward County.
RESOLUTION NO. R2002-36
f. FOUR -WEEK CONSECUTIVE PERIOD DURING WHICH THE CITY COMMISSION
WILL NOT SCHEDULE ANY REGULAR MEETINGS: (TR9665) Authorizing a four -
week consecutive period (July 22, 2002 — August 16, 2002) during which time the City
Commission will not schedule any regular meetings pursuant to Section 4.06 of the City
Charter.
RESOLUTION NO. R2002-37
g. 1 & I WASTEWATER FLOW EVALUATION OF BROWARD COUNTY OFFICE OF
ENVIRONMENTAL SERVICES PUMP STATION 455: (TR9657) Executing Task
Authorization No. 02-01 with Eckler Engineering, to provide design, bidding, permitting
and construction documents for an I & I Wastewater Flow Evaluation of Broward
County Office of Environmental Services Pump Station 455, in accordance with the
City's Consulting Engineering Agreement as authorized by Resolution #R-2001-185, in
an amount not to exceed $20,600.00; approving funding from the appropriate budgeted
Utilities Operational account; authorizing the appropriate city officials to administer the
contract.
RESOLUTION NO. R2002-38
h. AGREEMENT - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION -
COMMERCIAL BOULEVARD PROJECT: (TR9660) Accepting and executing an
agreement with State of Florida Department of Transportation for funding the relocation
of underground utility to eliminate conflicts along Commercial Boulevard from Florida's
Turnpike to NW 31 sc Avenue for a total contract amount of $116,840; approving funding
for this project from the appropriate Utilities accounts including the appropriation of
$116,840 from Retained Earnings.
RESOLUTION NO. R2002-39
i. EXECUTIVE SEARCH SERVICES - FINANCE DIRECTOR: (TR9677) Negotiating and
executing an agreement between the City of Tamarac and the selected firm to conduct
an executive search for Finance Director, for an amount not to exceed $20,000;
approving the appropriate budgetary transfer of funds.
RESOLUTION NO. R2002-40
j. EMERGENCY PREPAREDNESS ASSISTANCE TRUST FUND COMPETITIVE GRANT
APPLICATION: (TR9681) Seeking grant funding from the Florida Department of
Community Affairs Emergency Management Preparedness and Assistance Competitive
Grant Program in the amount of $200,000 for the construction of the Emergency
Operations Center; providing for a City match in cash and in kind.
RESOLUTION NO. R2002-41
k. EMERGENCY PREPAREDNESS ASSISTANCE TRUST FUND MUNICIPAL GRANT
APPLICATION: (TR9682) Seeking grant funding from the Florida Department of
Community Affairs Emergency Management Preparedness and Assistance Municipal
February 13, 2002
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Grant Program in the amount of $50,000 for the acquisition of Emergency Preparedness
Communications Equipment; providing for a city match of in cash and in kind.
RESOLUTION NO. R2002-42
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCE — FIRST READING
9. FRANCHISE AGREEMENT - COMMERCIAL GARBAGE COLLECTION: (TO1957)
Motion to adopt Ordinance on first reading executing a Commercial Garbage Franchise
Agreement between the City of Tamarac and DisposAll of South Florida. City Attorney Kraft
read Temporary Ordinance 1957 on first reading by title. Commissioner Roberts seconded by
Commissioner Portner moved approval. Mayor Schreiber asked if the company had been
investigated and if they are presently working in the City. City Manager Miller said they were
checked out and are not presently doing work in the city. Commissioner Roberts confirmed
that this is the 4th company in Tamarac for commercial waste and Commissioner Portner
asked if they are part of Waste Management. City Manager Miller said he believed it is a
separate corporation, and Public Works Director Verma confirmed. On roll call Commissioner
Roberts voted "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor
Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
10. REVISED DEVELOPMENT ORDER - FORT LAUDERDALE TRUCK FARMS
SUBDIVISION: (TR9670) Motion to approve resolution issuing Revised Development Order
No. 304.2 and granting Plat approval for the "Merrill Gardens II" Plat requested by CPH
Engineers, Inc., located on the southeast corner of University Drive and NW 77 Street;
specifically a Replat of a portion of Tract 13, Section 3, Township 49 South, Range 41 east of
the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof, as recorded
in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, (Case No. 12-P-
01); providing for conditions of approval; providing for execution of said Plat. City Attorney
Kraft read Temporary Resolution 9670 by title. Commissioner Roberts seconded by
Commissioner Mishkin moved approval. City Attorney Kraft explained the quasi-judicial
procedures, and Attorney Susan Motley, of Ruden McCloskey waived her quasi-judicial rights
on behalf of the applicant, Merrill Gardens. Community Development Director King gave a
presentation. Mayor Schreiber asked if the seven units were separate structures and
Community Development Director King said they were. Commissioner Portner asked if they
are townhouses, and Ms. Motley said they are one-story transitional units, and the people that
will reside in them do not need the level of assisted care as those who live in the main
building. Mayor Schreiber asked if the main building is fully occupied, and Ms. Motley said
while she is not sure if the building has reached maximum occupancy, it is a very successful
business. Commissioner Roberts asked about the new development site plan and Community
Development Director King said it has not yet gone through the process. Mayor Schreiber
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opened the public hearing and with no one wishing to speak, closed the public hearing. On
roll call Commissioner Roberts voted "yes", Commissioner Mishkin "yes", Commissioner
Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-43
11. REVISED DEVELOPMENT ORDER - VILLAGE OF YARDLEY: (TR9672) Motion to
approve resolution issuing Revised Development Order No. 284.5 and granting New
Development Site Plan approval to Village of Yardley to allow the construction of 360 multi-
family units consisting of six (6) four-story buildings with associated parking, landscaping,
recreation area and infrastructure improvements, generally located on the northwest corner of
NW 96 Avenue and NW 77 Street, specifically Parcel "Y" of the "Kings Point Replat",
according to the Plat thereof as recorded in Plat Book 156, Page 3 of the Public Records of
Broward County, Florida (Case No. 31-SP-01); providing for conditions of approval. City
Attorney Kraft read Temporary Resolution 9672 by title. Commissioner Roberts seconded by
Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial
procedures, and Michael Ambrose of Carnahan Proctor waived his quasi-judicial rights on
behalf of the applicant, Lennar Land Partners. Community Development Director King gave a
presentation. Commissioner Portner asked if a 2-week delay would cause the applicant a
great inconvenience, as he has not had time to review the site plan. Mr. Ambrose said it
would be an inconvenience, and explained that these units are very similar to Weldon and the
site plan is similar to Southampton. Mayor Schreiber spoke about the stipulations connected
with a previous lawsuit involving Lennar and the City, and asked about drainage. Mr. Ambrose
said the development is in compliance with all requirements of the master plan. Mayor
Schreiber expressed displeasure at the fact that this is a conceptual site plan and the
Commission does not get to see the final plan if a change is made. Community Development
Director King explained that the Tamarac Code requires preliminary engineering plans before
a project goes to the Commission. There are additional requirements the applicant must
submit and the engineers look at the final engineering plans. The only time the Commission
would see the final plans is if there are significant changes to the structures above ground.
Tamarac's requirements are more stringent than those of other municipalities. Mayor
Schreiber said he is concerned that there is no stairway in the middle of the buildings, and
Community Development Director King replied that the project complies with the South Florida
Building Code requirements. Mayor Schreiber opened the public hearing. Burt Schneider,
8016 NW 72 St., spoke about the Commissioners receiving site plans timely in order to review
them, and spoke about this year's drought and the effect more people moving in to Tamarac
will have on the water situation. Walter Coghlin, 4806 NW 49 Court, asked about the length of
the buildings, elevators and lighted hallways. Marvin Seidel, 9645 N Belfort, Tamarac, spoke
about fire flow, and Community Development Director King said there is adequate pressure.
With no one else wishing to speak, Mayor Schreiber closed the public hearing.
Commissioner Roberts asked about sea walls and density. Community Development Director
King said there is no requirement in the code for sea walls and under the stipulated agreement
units can be maneuvered throughout Kings Point. Mayor Schreiber spoke about the impact
fees and density as a result of the stipulations. Commissioner Roberts asked about the
project's proximity to the park and its impact on the City's fireworks. Mayor Schreiber
suggested a stipulation allowing the City to hold its fireworks display, and Community
Development Director King said there is sufficient distance between the park and the
development so that the celebration could continue. Chief Budzinski said there is adequate
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space since the size of the shells is now limited to six inches. Commissioner Mishkin said she
did not feel there are enough stairways in the proposed project. On roll call Commissioner
Roberts voted "yes", Commissioner Portner "no", Commissioner Mishkin "yes", and Mayor
Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-44
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
Burt Schneider asked about additional petitions to distribute to residents in his community, and
Commissioner Roberts said there were extras in the back of the Chambers that he was
welcome to take.
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the Regular City Commission meeting at 8:10 p.m.
MARION SW SON, CIVIC
CITY CLERK
CITE' OF TAMARAC
APPROVED AT MEETING OF
February 13, 2002
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