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HomeMy WebLinkAbout2001-03-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, MARCH 14,2001 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 p.m., on Wednesday, March 14, 2001, at Tamarac Community Center, 8601 W. Commercial Boulevard, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Gertrude Mishkin, 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 then introduced Matthew Olsen, a member of Boy Scouts of America, Troop 160. Mayor Schreiber moved out of the regular order of business to take up item No. 2 on the agenda. 2. PRESENTATION by Mayor Schreiber proclaiming March 2001 as Purchasing Month. Purchasing/Contracts Manager Lynda Flurry accepted. 1 . BROWARD COUNTY COMMISSIONER BEN GRABER: Commissioner Graber spoke about the economy, tax cuts, the Community Center, the new Tamarac library, the port authority and highways. Mayor Schreiber asked Commissioner Graber for his assistance in moving forward with the swim program, and about a nature park in Tamarac that is not being used to its fullest. Commissioner Sultanof asked Commissioner Graber for his assistance in moving forward with the library and spoke about signage for the nature park. Vice Mayor Roberts thanked Commissioner Graber for his help in getting the construction site on McNab Road cleaned up. Commissioner Portner questioned the effect the County's proposed 5% budget cuts would have on Tamarac, and asked about moving up the date of FDOT's proposed extension of the Commercial Boulevard Turnpike entrance. Commissioner Graber said the budget cuts would not affect the City. Commissioner Graber spoke about possible uses for the old library building on McNab and Pine Island after the new library is built, and responded to questions about a post office for western Tamarac. 3. PUBLIC PARTICIPATION: Marvin Seidel, 9645 N Belfort, Tamarac, spoke about bulk pickup and showers at the gym. Mayor Schreiber said the City Manager would look into the matter of the showers. Ruth Charlesworth, 5007 NW 59 Street, Tamarac, spoke about accidents on the Commercial Boulevard overpass at Rock Island Road. Linda Berringer, 5900 NW 67 Terrace, Tamarac, asked to have the Red, Yellow and Green line bus routes reinstated in Section 10. March 14, 2001 1 Rev. 3/26/01 REPORTS 4. City Commission: Vice Mayor Roberts welcomed Nancy Siedler, the new principal for Tamarac Elementary School, and congratulated Kathy Goldstein, who has accepted the position of principal for school "F91", being built in Tamarac. Vice Mayor Roberts said this is her last Commission meeting as Vice Mayor, and she thanked the Mayor and Commissioners for the opportunity of serving in this capacity throughout the year; it was a very good experience. Vice Mayor Roberts said on March 13 th she attended a Crime Prevention For Your Wallet Safety Kickoff Program, sponsored by BSO, the Broward Hospital District and the City of Tamarac. The program dealt with preventing women's wallets from being stolen. Vice Mayor Roberts handed out "fanny packs" to the Mayor and Commissioners, courtesy of BSO, the Broward Hospital District and the City of Tamarac. Commissioner Portner said the purpose of these meetings is to bring the City to the residents. This is the second meeting that has been held outside of the Chambers, and more are scheduled for other parts of the City. Commissioner Portner said Tamarac is going to join the Sister Cities Program, which will bring Tamarac more global exposure. Commissioner Sultanof said at Monday's workshop the auditors gave an in depth analysis of the City's financial schedule, and he commended the Finance Department on a job well done. The Veterans' Affairs Committee will sponsor its second annual Veterans' Assembly on April 18 1h at 6:00 p.m. at the Tamarac Community Center. Commissioner Mishkin echoed the Commission's sentiments and said she had no report. Mayor Schreiber thanked Vice Mayor Roberts for her service this past year. Mayor Schreiber thanked the public for attending tonight's meeting, and said the purpose of having meetings outside of City Hall is to bring the meetings to the people. Mayor Schreiber commended the Public Information Committee on the Tam -A -Gram and said it is a fine, professional publication. Mayor Schreiber reported that he attended his first meeting of the County Library Board, and was told Tamarac would be pleasantly surprised when the new facility is built. 5. City Attorney: City Attorney Kraft had no report. 6. City Manager: City Manager Miller said he received correspondence from FDOT regarding the safety barrier issue, and they have agreed to review the situation and make a decision within one month, The Twilight Concert series is completed for this year, and the Sea Escape Cruise was very successful. The second Annual Irish Fest 1h will be held at the Tamarac Community Center on March 16 , and there will be a Las 1h Vegas Show, "Stars of La Cage", at the Tamarac Community Center on March 24 March 14, 2001 2 Rev. 3/26/01 CONSENT AGENDA 7. Vice Mayor Roberts seconded by Commissioner Mishkin moved to table Item 7(g) to the April 11, 2001 agenda. On roll call Vice Mayor Roberts voted "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Sultanof seconded by Vice Mayor Roberts moved to remove items 7(d) and 7(f) from the consent agenda to the regular agenda. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion Carried. Commissioner Sultanof seconded by Commissioner Mishkin moved to approve all items on the consent agenda except for 7(g) which was tabled to April 11, 2001, 7(d) and 7(f) which were removed for discussion. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the February 26, 2001 Special Commission meeting. APPROVED b. APPROVE the minutes of the February 28, 2001 Regular Commission meeting. APPROVED C. AGREEMENT - PROFESSIONAL SERVICES - ANNUAL UPDATE OF NON -AD VALOREM SPECIAL ASSESSMENTS:, (TR9306) Executing an agreement between the City of Tamarac and Nabors, Giblin & Nickerson, P.A. and Government Services Group, Inc. for professional services in the annual update of Non -Ad Valorem Special Assessments levied within the incorporated area of the City of Tamarac for the funding of fire/rescue services and facilities, for a three year term, in the amount of $18,500 for each fiscal year. RESOLUTION NO. R2001-47 d. AGREEMENT - LAND AND WATER CONSERVATION FUND: (TR9302) Accepting a grant in the amount of $100,000 from the Florida Department of Environmental Protection Land and Water Conservation Fund; authorizing the appropriate City Officials to execute an agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $100,000 with a City match of $100,000 for a total project cost of $200,000, from the Land and Water Conservation Fund (LWCF) to provide the residents and visitors of Tamarac enhanced parks and recreation programs at McNab Park. REMOVED FOR DISCUSSION e. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT: (TR9303) Approving and executing the First Amendment to the Interlocal Agreement for the Creation and Continuation of the Broward County Metropolitan Planning Organization (BCMPO); Case No. 12-MI-01. RESOLUTION NO. R2001-48 March 14, 2001 3 Rev. 3/26/01 f. BROWARD COUNTY PUBLIC LIBRARY: JR9304) Executing an amendment to an agreement between Broward County and the City of Tamarac for the conveyance of approximately 2.53 acres of real property for the construction of a Broward County Public Library to be located on the north side of Commercial Boulevard, east of Pine Island Road; specifically, a portion of Lots 11, 12, 13 and 14, Block 8 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida; authorizing the appropriate City Officials to execute a deed conveying the subject 2.53 acres of real property to Broward County, a political subdivision of the State of Florida; authorizing the appropriate City Officials to execute an ingress, egress, drainage and cross parking agreement granting Broward County certain easement rights; authorizing the appropriate City Officials to execute standard seller's no -lien, GAP and FIRPTA affidavits, all pursuant to said Agreement Between Broward County and the City of Tamarac, as amended; Case No. 13-Mi-01. REMOVED FOR DISCUSSION 9. COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT: JR9289) Requesting the Florida State Legislature to revise the Communications Services Tax Simplification Act (Chapter 2000-260, Laws of Florida) adopted during the 2000 Legislative Session; authorizing the City Clerk to forward a copy of this Resolution to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration. TABLED TO APRIL 11, 2001 h. EXETER EAST - UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS: (TR9294) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with Lennar Land Partners and Lennar Homes, Inc., for the curbs and sidewalks placed in a utility easement at the Exeter East Project located on the southeast corner of NW 80th Street and Granville Drive, authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-49 i. TAMARAC RESIDENT NEWSLETTER, (TAM -A -GRAM): JR9296) Approving a one year renewal of Bid #99-20B entitled "Tamarac Resident Newsletter" JAM - A -GRAM) with A Plus Printing for an amount not to exceed $31,368.00 annually. RESOLUTION NO. R2001-50 END OF CONSENT AGENDA REGULAR AGENDA 8. PHASE III OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM: (TR9271) Motion to approve Resolution approving certain streets for resurfacing as part of Phase III of the Seven Year Comprehensive Street Improvement Program; authorizing the appropriate City Officials to execute a contract amendment with Weekley Asphalt Paving, Inc; authorizing an expenditure in March 14, 2001 4 Rev. 3/26/01 an amount not to exceed $1,425,102.31; authorizing budgetary transfers as necessary for proper accounting purposes. (Tabled at the February 28, 2001 meeting). City Attorney Kraft read Temporary Resolution 9271, revision #2, by title. Commissioner Portner seconded by Vice Mayor Roberts moved approval. Assistant Public Works Director Greenspan gave a presentation. Commissioner Portner asked about the time line and Assistant Public Works Director Greenspan said the program is on track. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", Commissioner Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION R2001-51 ORDINANCES - FIRST READINGS 9. AMENDING CHAPTER 9 - "HEALTH, SANITATION AND NUISANCE": (TO1923) Motion to adopt Ordinance on first reading amending Chapter 9 entitled, "Health, Sanitation and Nuisances" by amending Article IV entitled, "The Local Housing Assistance Program", by amending Section 9-130 "Definitions", correcting the State renumbered Chapter reference from "91-37" to "67-37"; by deleting section 9-134 entitled, "Establishment of Affordable Housing Advisory Committee", (as a completed task); by deleting section 9-135 entitled "Review and approval of the Affordable Housing incentive Plan", (as a completed task); Case No. 9-MI-01. City Attorney Kraft read Temporary Ordinance 1923, revision #1, on first reading by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. Code Enforcement Manager Cindy Diemer gave a presentation. On roll call Commissioner Sultanof voted idyes", Commissioner Portner "yes", Commissioner Mishkin "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING MARCH 14,2001 10. AMENDING CHAPTER 5.6 OF THE CITY CODE, ENTITLED "TELECOMMUNICATIONS: (TO1922) Motion to adopt Ordinance on first reading amending Chapter 5.6 of the City Code, entitled "Telecommunications"; clarifying the intent of existing language. City Attorney Kraft read Temporary Ordinance 1922 on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Assistant City Manager Hemstreet gave a presentation. Commissioner Sultanof questioned the concerns of the industry regarding the construction bond, and Assistant City Manager Hemstreet said staff's recommendation is that the language stands. On roll call Commissioner Portner voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried, APPROVED ON FIRST READING MARCH 14,2001 11, AMENDING CHAPTER 18 , SIGNS AND ADVERTISING: 'TO1 926, Motion to adopt Ordinance on first reading amending Chapter 18, Signs and Advertising, Article 11, Signs, Division 5, Temporary Signs, Section 18-86, Political Signs, eliminating time March 14, 2001 5 Rev. 3/26/01 frame for posting prior to election; deleting written permission of record title holder requirement for placement on private property; deleting permit application and cash bond requirement; providing for cost of removal to be paid by candidate. City Attorney Kraft read Temporary Ordinance 1926 on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Commissioner Portner said this ordinance is a result of a prior candidate's objection to the cash bond and the courts ruled in his favor. Mayor Schreiber said in Tamarac any candidate for office does not have to put up a bond, in concurrence with free speech. On roll call Commissioner Portner voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING MARCH 14,2001 12. AGREEMENT - LAND AND WATER CONSERVATION FUND: (TR9302) Accepting a grant in the amount of $100,000 from the Florida Department of Environmental Protection Land and Water Conservation Fund; authorizing the appropriate City Officials to execute an agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $100,000 with a City match of $100,000 for a total project cost of $200,000, from the Land and Water Conservation Fund (LWCF) to provide the residents and visitors of Tamarac enhanced parks and recreation programs at McNab Park. City Attorney Kraft read Temporary Resolution 9302 by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. Parks and Recreation Director Margoles gave a presentation. On roll call Commissioner Sultanof voted "yes", Commissioner Portner 99 yes", Commissioner Mishkin "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-52 13. BROWARD COUNTY PUBLIC LIBRARY: (TR9304) Executing an amendment to an agreement between Broward County and the City of Tamarac for the conveyance of approximately 2.53 acres of real property for the construction of a Broward County Public Library to be located on the north side of Commercial Boulevard, east of Pine Island Road; specifically, a portion of Lots 11, 12, 13 and 14, Block 8 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida; authorizing the appropriate City Officials to execute a deed conveying the subject 2.53 acres of real property to Broward County, a political subdivision of the State of Florida; authorizing the appropriate City Officials to execute an ingress, egress, drainage and cross parking agreement granting Broward County certain easement rights; authorizing the appropriate City Officials to execute standard seller's no -lien, GAP and FIRPTA affidavits, all pursuant to said Agreement Between Broward County and the City of Tamarac, as amended; Case No. 13-Mi-01. City Attorney Kraft read Temporary Resolution 9304, revision #1, by title. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval. Community Development Director King gave a presentation. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", March 14, 2001 6 Rev. 3/26/01 11 Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-53 There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular meeting of the City Commission at 8:15 P.M. JOE SCHREIBER, MAYOR MARION SWENtON, CIVIC CITY dlLtRK, OF CIT4 f,22ROVED ff ?"IEET. I %'G OF Rev. 3/26/01 March 14, 2001 7