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Home My WebLink About2000-03-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, MARCH 8, 2000 CALL TO ORDER: Mayor Schreiber called the Regular City Commission meeting to order at 7:00 P.M. on Wednesday, March 8, 2000, in the Commission Chambers, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Schreiber, Vice Mayor Mishkin, Commissioner Portner, Commissioner Sultanof and Commissioner Roberts. ALSO PRESENT: City Manager Miller, City Attorney Kraft and City Clerk Gold. Mayor Schreiber called for the pledge of allegiance and asked for a moment of silence in remembrance of Joe McGowan, the oldest Tamarac Veteran. 1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming March 24- 30, 2000 United Way of Broward County Appreciation Week. 2. PRESENTATION by Mayor Schreiber of Certifications of Appreciation to the Redistricting Committee members for service during 1999-2000. Lori Glasser accepted on behalf of Diane Glasser, and Harvey Kram accepted. Mayor Schreiber asked for a moment of silence in remembrance of Murray Schulman, a Tamarac Veteran. 3. PUBLIC PARTICIPATION: Marvin Seidel, 9645 Belfort, Tamarac, FL, spoke about bulk pickup and the AT&T takeover of MediaOne. Mr. Seidel thanked Commissioner Partner for his work with Congressman Wexler on getting a Post Office substation for the east side of Tamarac. REPORTS 4. Cily Commission: Commissioner Sultanof said he received a heartwarming letter from Susan Heimowitz of New York, prompted because of a photo of her mother that appeared in the January/February Tam -A -Gram. Ms. Heimowitz's father had been an active participant in Tamarac. Commissioner Sultanof said Tamarac has been named 1999 Tree City USA, and he feels very good about that. Vice Mayor Mishkin said he, Commissioner Partner and Commissioner Roberts attended a powerball presentation at the downtown Broward Sheriffs' office a few months ago. At that time Chief Goldstein was being questioned on the crime rate in Tamarac and what District VII was doing to serve the community. Vice Mayor Mishkin said he is very happy to report that Chief Goldstein received a special honor from the Broward Sheriffs, and the crime rate is down in Tamarac. Vice Mayor Mishkin congratulated Commissioner and Mrs. Partner on the celebration of their 52nd anniversary. Commissioner Partner commended Public Information Officer Moore on the magnificent job he has been doing at the condominiums and clubhouses informing the citizens about the upcoming Charter Amendments. March 8, 2000 1 Commissioner Roberts congratulated the soccer team on winning the State Championship. Mayor Schreiber congratulated everyone on their good work. Mayor Schreiber said next Tuesday is Election Day, and everyone should exercise his or her right and privilege to vote. 5. City Attorney: City Attorney Kraft had no report. 6. City Manager: City Manager Miller had no report. CONSENT AGENDA 7. Mayor Schreiber asked if the outstanding invoice for Item #7(e) had been paid, and City Manager Miller responded it had. Commissioner Portner seconded by Commissioner Roberts moved to approve all items on the consent agenda. On roll call, Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the February 23, 2000 Commission meeting. APPROVED b. DISCHARGE REDISTRICTING COMMITTEE: (TR8887) Expressing appreciation to the Redistricting Committee for their outstanding contribution; discharging the Redistricting Committee in accordance with Section 6.03 of the Tamarac Charter. RESOLUTION NO. R2000-65 C. INDUSTRIAL DEVELOPMENT REVENUE BONDS: (TR8929) Issuing by the City of Tamarac, Industrial Development Revenue Bonds (Fazio Holdings, LP Project), Series 2000, in an amount not to exceed $7,000,000, to pay the cost of constructing a manufacturing facility in the City of Tamarac; authorizing execution and delivery of documents relating thereto; providing for the negotiated sale of the bonds; approving use of a private placement memorandum and placement letter agreement in connection with the sale of the bonds; designating the initial Bond Trustee; making certain other covenants and agreements in connection with the issuance of the bonds. RESOLUTION NO. R2000-56 d. WATER AND SEWER UTILITY EASEMENT: (TR8913) Accepting and executing a "Tamarac Water and Sewer Utility Easement" with Prospect Commercial, Inc. for the Commercial Shoppes Project located on the southwest corner of Commercial Boulevard and Prospect Road, to allow legal access by City Utilities Personnel for installing, maintaining, and operating the water distribution system. RESOLUTION NO. R2000-57 e. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT: (TR8920) Accepting and executing a Blanket Public Safety Ingress/Egress Easement with Trammell Crow Realty Services, Inc., for the Zephyrhills Project, located on the northeast corner of Hiatus Road and Northwest 67' Street, to provide proper March 8, 2000 2 access to the property for municipal services such as utility, canal, fire and police protection, emergency and other public safety services. RESOLUTION NO. R2000-58 f. PERFORMANCE BOND RELEASE: (TR8888) Releasing Performance Bond (Letter of Credit #513799) in the amount of $42,954 posted for the drainage on the southeast corner of NW 80th Street and Granville Drive. RESOLUTION NO. R2000-59 g. WETLANDS MITIGATION: (TR8931) Awarding Bid No. 00-09B to Shoreline Foundation, Inc. for the construction of a Rip -Rap Breakwater and Mangrove Planter Area in the South Fork New River for wetlands mitigation related to the Hiatus Road Extension Project; authorizing an expenditure in an amount not to exceed $123,900. RESOLUTION NO. R2000-60 h. MEDIAN IMPROVEMENTS AND PAVEMENT REHABILITATION: (TR8932) Approving certain streets for milling, resurfacing and median improvement as part of Phase II-B of the Seven Year Comprehensive Street Improvement Program; authorizing the appropriate City Officials to execute an Agreement with Pan American Construction — a division of APAC — Florida, Inc., in an amount not to exceed $2,108,897.58; amending the annual budget of estimated revenues and expenditures. RESOLUTION NO. R2000-61 i. HOUSE BILL 601 AND SENATE BILL 756: (TR8935) Supporting Florida House Bill 501 and Florida Senate Bill 756; directing the City Clerk to send a copy of this Resolution to the Broward County Legislative Delegation for consideration during the 2000 Legislative Session. RESOLUTION NO. R2000-62 j. COMMISSION VACATION: (TR8936) Authorizing a four -week consecutive period (July 15, 2000 — August 15, 2000) during which the Commission will not schedule any regular meetings in 2000 pursuant to Section 4.06 of the City Charter. RESOLUTION NO. R2000-63 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES - FIRST READINGS 8. APPROVING TRANSFER OF CABLE TELEVISION FRANCHISE: (TO 1889) Motion to adopt Ordinance on first reading approving the transfer of the MediaOne of Greater Florida, Inc. Cable Television Franchise to AT&T. City Attorney Kraft read Temporary Ordinance No. 1889 on first reading by title. Commissioner Roberts seconded by Commissioner Partner moved approval. On roll call, Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. APPROVED FIRST READING MARCH 8, 2000 March 8, 2000 3 Due to the fact that it was not yet 7:30 P.M., the Commission moved to Item #11 on the agenda. QUASI-JUDICIAL HEARINGS 11. AMENDING PRIOR ZONING: (TO1885) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property (a/k/a: Woodmont Gardens Plat) from RM-5 (Multi -family Residential District) to R-4A (Planned Apartment District); lands commonly known as Parcel "A" of the "Woodmont Gardens" Plat, according to the Plat thereof as recorded in Plat Book 135, Page 38 of the Public Records of Broward County, Florida, located at 8700 Southgate Boulevard; Case No. 2- Z-00; providing for amendment of the Official Zoning Map to reflect such change. City Attorney Kraft read Temporary Ordinance No. 1885 on second reading by title. Vice Mayor Mishkin seconded by Commissioner Sultanof moved approval. Alan Gabriel, Esq., waived his quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Mayor Schreiber asked if the density was agreeable with the surrounding communities, and Community Development Director King responded. Commissioner Roberts asked about a letter that was given out at the Woodlands Property Owners Association meeting. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72 Street, Tamarac, thanked the developer for spending time with his community to resolve the issues in question. Joanne Anthony, resident of Shangri La, said her community met with the developer and the issues in question have been resolved. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Commissioner Portner commended everyone on their efforts to resolve the outstanding issues. On roll call, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 02000-11 12. DELEGATION REQUEST: (TR8911) Revision #1: Motion to adopt Resolution approving a Delegation Request to amend a note on the Plat to allow the construction of ninety-four (94) townhouse units by utilizing fifty-nine (59) flex units as permitted within the Broward County Land Use Plan; specifically Parcel "A" of the "Woodmont Gardens" Plat, according to the Plat thereof as recorded in Plat Book 135, Page 38 of the Public Records of Broward County, Florida; located at 8700 Southgate Boulevard; Case No. 1-P-00. City Attorney Kraft read Temporary Resolution No. 8911, Revision #1, by title. Vice Mayor Mishkin seconded by Commissioner Sultanof moved approval. Alan Gabriel, Esq., waived his quasi-judicial rights on behalf of the applicant. Community Development Director King gave a presentation. Commissioner Roberts questioned the figures on the backup. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-64 March 8, 2000 4 13. SPECIAL EXCEPTION: (TR8910) Motion to adopt Resolution granting a Special Exception to allow more than one (1) principal building on a plot in an R-4A (Planned Apartment District) zoning category to Southgate Village, located at 8700 Southgate Boulevard; specifically Parcel "A" of the "Woodmont Gardens" Plat, according to the Plat thereof as recorded in Plat Book 135, Page 38 of the Public Records of Broward County, Florida; Case No. 1-Z-00. City Attorney Kraft read Temporary Resolution No. 8910 by title. Vice Mayor Mishkin, seconded by Commissioner Sultanof moved approval. Alan Gabriel, Esq., waived his quasi-judicial rights on behalf of the applicant. 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, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Partner "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. Vice Mayor Mishkin commended Mr. Gabriel, the developer and homeowner associations for the way they worked together. Commissioner Roberts thanked Mr. Gabriel and Mr. Hernandez for the way they worked with the residents. Mayor Schreiber thanked Mr. Gabriel for the 12 years of permit fees paid to the City of Tamarac on this piece of property. RESOLUTION NO. R2000-65 END OF QUASI-JUDICIAL HEARINGS PUBLIC HEARINGS 7:30 P.M. 9. AMENDING CHAPTER 5.5 OF THE TAMARAC CODE, CABLE TELEVISION: (TO1887) Motion to adopt Ordinance on second reading amending Chapter 5.5 of the Tamarac Code, entitled "Cable Television", Article II "Franchise Requirements and Responsibilities", Section 5.5-34 "Minimum Facilities and Services", and Section 5.5-39 "Customer Service Requirements"; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Kraft read Temporary Ordinance No. 1887, Revision #1, on second reading by title. Commissioner Roberts seconded by Commissioner Portner moved approval. Mayor Schreiber opened the public hearing. Jack Floyd, 8250 NW 95 Avenue, Tamarac, FL, asked if there are any guarantees that things will be different when AT&T takes over MediaOne. Assistant City Manager Hemstreet responded. Burt Schneider, 8016 NW 72 Street, Tamarac, FL, spoke about other cable companies coming into the City of Tamarac in addition to MediaOne or AT&T. Mayor Schreiber responded and said the MediaOne matter had to be settled, and he is pretty certain BellSouth would now come forward for a franchise. Commissioner Sultanof agreed with Mayor Schreiber and said they had to wait until they got a clear playing field. Commissioner Roberts said she would like to see competition in the Cable area, but there is no guarantee that BellSouth or any other company will come into Tamarac. The door is and has always been open. Commissioner Partner said the Mayor and Commissioners welcome another franchise. On roll call Commissioner Roberts votes "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 02000-09 March 8, 2000 5 10. FRANCHISE AGREEMENT BETWEEN CITY OF TAMARAC AND MEDIAONE: (TO1886) Motion to adopt Ordinance on second reading pursuant to its Cable Television Code approving a Franchise and constituting a Franchise Agreement with MediaOne of Greater Florida, Inc., a Florida Corporation to own, operate and maintain a cable television system in the City of Tamarac, Florida, and setting forth conditions accompanying the grant of such franchise and providing for regulation and use of such system; providing a savings clause; providing for severability; and providing an effective date. City Attorney Kraft read Temporary Ordinance No. 1886 by title on second reading. Commissioner Roberts seconded by Vice Mayor Mishkin moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "yes", Vice Mayor Mishkin "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO, 02000-10 END OF PUBLIC HEARINGS There being no further business to come before the Commission, Mayor Schreiber adjourned the meeting at 7:40 P.M. SCHREIBER, MAYOR CAROL GOL MC/AAE CITY CLERK CITY OF TAMA'EAC APPROVED AT MEETING OF :)22��L I -�-A do 1 March 8, 2000 6