HomeMy WebLinkAbout2002-04-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY APRIL 10, 2002
CALL TO ORDER: Mayor Schreiber called the regular City Commission meeting to order at
7:00 p.m. on Wednesday, April 10, 2002, in Chambers, at Tamarac City Hall, 7525 NW 88
Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Edward C. Portner, Commissioner Gertrude
Mishkin, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts.
ALSO PRESENT: Assistant City Manager Michael Cernech, City Attorney Mitchell S. Kraft,
and City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance.
1. PUBLIC PARTICIPATION: Matt Lyons, Plant Manager for St. Malachy Church,
appeared in support of Item 5(I) on the consent agenda. Mayor Schreiber questioned state
approval and Mr. Lyons said it was delayed due to computer problems, but would be faxed.
Lawrence Schneider, 6095 Sabal Palm Blvd., spoke about tree pruning by FPL, street vendors
and a traffic signal at Rock Island and Sabal Palm Blvd. Mayor Schreiber said Tamarac has
an ordinance to control street vending, but due to First Amendment rights, newspaper vendors
are excluded from the ordinance. The traffic light has been sought for 10 years but the county
does not feel it is warranted.
REPORTS
2. City Commission: Commissioner Roberts expressed concern over what is happening
to the city commission. She said changing the bid process is irresponsible and of no benefit to
the citizens.
Vice Mayor Portner, Commissioner Sultanof and Commissioner Mishkin had no report.
Mayor Schreiber had no report but said he agrees with Commissioner Roberts.
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: Assistant City Manager Cernech reported BSO will be giving away The
Club on Saturday, April 20th, between 9:00 a.m. to noon, at Sabal Palm Golf Villas. An Urban
and Forestry Grant of $10,000 has been approved and will be used for additional street trees.
The Veterans Affairs Committee will hold its 3rd Annual Veterans Assembly on Wednesday,
April 24th, from 6:00-8:00 p.m. at the Tamarac Community Center.
CONSENT AGENDA
5. Commissioner Roberts seconded by Vice Mayor Portner moved to remove Items 5(h),
50) and 5(k) for discussion. The Commission concurred.
April 10, 2002
5h. AGREEMENT - APAC-FLORIDA. INC.: (TR9713) Authorizing construction of turn lanes
as a part of the Phase IV -A road resurfacing work plan; awarding the turn lane component of
Bid Number 02-15B to Apac-Florida, Inc.; executing an agreement with Apac-Florida, Inc;
authorizing an expenditure in an amount not to exceed $1,738,616 which represents a
contract award of $1,580,560 and a project contingency of $158,056; authorizing the City
Manager to make necessary additions, deletions or revisions to the turn lane construction
portion of the Phase IV -A Work Plan pursuant to Section 6-156 of the Code of the City of
Tamarac, Florida; authorizing budgetary transfers as necessary for proper accounting
purposes. Public Works Director Verma gave a presentation. Commissioner Roberts
questioned the timeframe, minimum of 30 turn lanes and turn lanes on 57th Street in light of
the planned downtown project. Public Works Director Verma explained the project arose out
of a strategic planning session where it was determined that outdated or conflicting sections of
the code be revised. Most of the recommended lanes are from one city street to another with
a lesser number from city street into development. The number of 30 turn lanes was
negotiated with the contractor as the least amount necessary to make the project profitable,
and the contractor would not honor the contract with less than the minimum of 30 turn lanes.
Public Works Director Verma noted there is flexibility to remove the lanes planned for 57th
Street between University Drive and 94th Avenue, depending upon when the downtown project
gets underway. Commissioner Roberts said this is a large amount of money for turn lanes
and asked if it is part of the bond issue. Mayor Schreiber questioned tabling the item for two
weeks. Public Works Director Verma said Phase IV-B is part of the bond issue and Assistant
Director of Public Works Greenspan said a two -week delay would not make a difference. Vice
Mayor Portner said he is concerned about residents adhering to the code if the city does not,
asked about amending the contract and said he is in favor of moving ahead with the project.
City Attorney Kraft spoke about the code and grandfathering. Commissioner Sultanof spoke
about the provision for additions, deletions or revisions and the fact that there are three new
projects coming into the city, and the turn lanes for these developments should be put in by
the developers, thereby lessening the number of turn lanes for which the city will have to pay.
Commissioner Roberts seconded by Vice Mayor Portner moved to table Temporary
Resolution 9713 to the April 24, 2002 regular Commission meeting at or after 9:00 a.m. On
roll call Commissioner Roberts voted "yes", Vice Mayor Portner "yes", Commissioner Mishkin
"yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
TABLED TO APRIL 24, 2002 REGULAR CITY COMMISSION MEETING AT OR AFTER 9:00
A.M.
5j. AGREEMENT - WACKENHUT CORPORATION: (TR9567) Executing an agreement
with Wackenhut Corporation for security services adopting by reference all of the terms and
conditions contained in Broward County Contract #D090297RB01; authorizing an annual
expenditure of funds in an amount not to exceed $45,000. Assistant Director of Public Works
Greenspan gave a presentation. Commissioner Roberts said last summer the commission
discussed using BSO and questioned why so much time has gone by that it is now necessary
to amend this contract. Assistant Director of Public Works Greenspan explained that there is
a financial commitment to Wackenhut, the agreement expires in August 2002 and we have a
contractual right to terminate the contract at any time. Mayor Schreiber questioned contracting
with BSO in June instead of the beginning of the fiscal year and Assistant City Manager
Cernech said this would be researched. Commissioner Sultanof questioned the amount owed
to Wackenhut and the cost of using BSO. Assistant Public Works Director Greenspan said
more than $10,000 is owed Wackenhut and Assistant City Manager Cernech provided a cost
April 10, 2002
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comparison between Wackenhut and BSO. Commissioner Roberts seconded by
Commissioner Mishkin moved approval. On roll call Commissioner Roberts voted "yes",
Commissioner Mishkin "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", and
Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-92
5k. TAMARAC CHAMBER OF COMMERCE: (TR9726) Providing temporary city staff to
the Greater Tamarac Chamber of Commerce, Inc. for a maximum of sixty (60) days;
authorizing the review of monthly financial statements by city staff with appropriate
documentation prepared by a private accountant for the Greater Tamarac Chamber of
Commerce, Inc. Board of Directors; authorizing financial assistance in the form of an interest -
free, one (1) year deferred payment loan for a maximum term of six (6) years to the Greater
Tamarac Chamber of Commerce, Inc. in an amount not to exceed thirty thousand
($30,000.00) dollars; authorizing the appropriate budgetary transfers. Commissioner Roberts
said she has always supported the chamber and the business community, but is disheartened
by this situation and said the city will only do this once. Vice Mayor Portner said this is
admirable and hopefully the current board is more aware of the needs of the Chamber.
Commissioner Roberts seconded by Vice Mayor Portner moved approval. On roll call
Commissioner Roberts voted "yes", Vice Mayor Portner "yes", Commissioner Sultanof "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-93
Vice Mayor Portner said with regard to Item 5(i) on the consent agenda, he would like to see
Tamarac give smaller firms the opportunity to work with the City.
Commissioner Sultanof seconded by Commissioner Roberts moved approval of all items on
the consent agenda except for Items 5(h), 50) and 5(k), which were removed for discussion.
On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Vice Mayor
Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the March 26, 2002 Regular Commission meeting.
APPROVED
b. TASK AUTHORIZATION AND FUNDING - ENGINEERING SERVICES:
(TR9731) Executing Task Authorization No. 02-05E with Mathews Consulting, to
provide engineering services for a Water Treatment Plant Disinfection Optimization
Study providing for alternative disinfection methods in the treatment of drinking water
and to ensure the facility will maintain compliance with existing and proposed Florida
Department of Environmental Protection (FDEP) drinking water regulations, in
accordance with the City's consulting engineering agreement as authorized by
Resolution #R-2001-185, in an amount not to exceed $47,838.00; approving funding
from the appropriate budgeted Utilities Operational account; authorizing the appropriate
City officials to administer the contract.
RESOLUTION NO. R2002-94
C. 401(A) MONEY PURCHASE PLANS: (TR9733) Amending the City's ICMA 401(A)
Money Purchase Plans effective January 1, 2002 in compliance with the Economic
Growth and Tax Relief Reconciliation Act; to approve minor changes to the plans.
April 10, 2002
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RESOLUTION NO. R2002-95
d. 457 DEFERRED COMPENSATION PLAN: (TR9749) Amending the City's ICMA 457
Deferred Compensation Plan effective January 1, 2002 in compliance with the
Economic Growth and Tax Relief Reconciliation Act.
RESOLUTION NO. R2002-96
e. AWARD OF BID - EMERGENCY GENERATOR: (TR9743) Awarding Bid #02-04B,
entitled "500KVA Emergency Generator" to the lowest responsive and responsible
bidder, Zabatt, Inc., in the amount of $98,000 for purchase and installation of an
emergency generator for the Tamarac Community Center; approving funding from the
appropriate grant accounts.
RESOLUTION NO. R2002-97
f. AGREEMENT - CITYWIDE JANITORIAL SERVICES: (TR9735) Awarding Bid No. 02-
13B to OneSource Facility Services, Inc. for Janitorial Services; executing an
agreement with OneSource Facility Services, Inc.; authorizing an annual expenditure in
an amount not to exceed $119,064.00.
RESOLUTION NO. R2002-98
g. AGREEMENT - GENERAL ASPHALT COMPANY, INC.: (TR9712) Approving Phase
IV -A of the Seven Year Comprehensive Street Improvement Program; awarding Bid
Number 02-15B to General Asphalt Company, Inc.; excluding the portion of the bid
relating to the construction of turn lanes; authorizing the appropriate City Officials to
execute an agreement with General Asphalt Company, Inc.; authorizing an expenditure
in an amount not to exceed $4,119,049 which represents a contract award of
$3,744,590 and a project contingency of $374,459; authorizing the City Manager to
make necessary additions, deletions or revisions to the Phase IV -A work plan pursuant
to Section 6-156 of the Code of the City of Tamarac, Florida; authorizing budgetary
transfers as necessary for proper accounting purposes.
RESOLUTION NO. R2002-99
h. AGREEMENT - APAC-FLORIDA. INC.: (TR9713) Authorizing construction of turn
lanes as a part of the Phase IV -A road resurfacing work plan; awarding the turn lane
component of Bid Number 02-15B to Apac-Florida, Inc.; executing an agreement with
Apac-Florida, Inc; authorizing an expenditure in an amount not to exceed $1,738,616
which represents a contract award of $1,580,560 and a project contingency of
$158,056; authorizing the City Manager to make necessary additions, deletions or
revisions to the turn lane construction portion of the Phase IV -A Work Plan pursuant to
Section 6-156 of the Code of the City of Tamarac, Florida; authorizing budgetary
transfers as necessary for proper accounting purposes.
REMOVED FOR DISCUSSION
i. AWARDING OF RFP 02-16R TO SUN -SENTINEL: (TR9744) Awarding RFP 02-16R
entitled "Printed Tamarac Resident & Employee Newsletters" and accepting and
executing an agreement with Sun -Sentinel Company for an amount not to exceed
$95,500 annually.
RESOLUTION NO. R2002-100
j. AGREEMENT - WACKENHUT CORPORATION: (TR9567) Executing an agreement
with Wackenhut Corporation for security services adopting by reference all of the terms
and conditions contained in Broward County Contract #D090297RB01; authorizing an
April 10, 2002
4
annual expenditure of funds in an amount not to exceed $45,000.
REMOVED FOR DISCUSSION
k. TAMARAC CHAMBER OF COMMERCE: (TR9726) Providing temporary city staff to
the Greater Tamarac Chamber of Commerce, Inc. for a maximum of sixty (60) days;
authorizing the review of monthly financial statements by city staff with appropriate
documentation prepared by a private accountant for the Greater Tamarac Chamber of
Commerce, Inc. Board of Directors; authorizing financial assistance in the form of an
interest -free, one (1) year deferred payment loan for a maximum term of six (6) years to
the Greater Tamarac Chamber of Commerce, Inc. in an amount not to exceed thirty
thousand ($30,000.00) dollars; authorizing the appropriate budgetary transfers.
REMOVED FOR DISCUSSION
I. ALCOHOLIC BEVERAGES - SAINT MALACHY CARNIVAL: (TR9751) Approving the
sale of alcoholic beverages on April 18 through April 21, 2002 during the Saint Malachy
Carnival.
RESOLUTION NO. R2002-101
END OF CONSENT AGENDA
REGULAR AGENDA
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
6. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN -BUDDHIST
TEMPLE: (TR9741) Motion to approve Resolution issuing Revised Development Order No.
023.1 and granting Major Revised Site Plan approval to allow the conversion of the existing
6,012 square foot Miami Herald Building into a 6,918 square foot Buddhist Temple by allowing
the addition of 906 square feet with associated parking and landscaping, located at 9341 NW
57 Street; specifically Lots 4 and 5, Block 4 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 (Case No. 15-SP-01) pursuant to Chapter 10 of the Code of Ordinances of the City of
Tamarac; providing for conditions of approval. City Attorney Kraft read Temporary Resolution
9741 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval.
City Attorney Kraft explained the quasi-judicial procedures, and Ken Andrews, architect,
waived his quasi-judicial rights on behalf of the applicant. Community Development Director
King gave a presentation. Commissioner Sultanof questioned living quarters at a house of
worship and Community Development Director King said it is in compliance with city and
county codes. Commissioner Sultanof expressed concern regarding additional traffic in
proximity to the nearby schools. Mr. Andrews explained that services would be held on
Sundays and one night during the week, likely on Wednesdays, which would not conflict with
school times. Vice Mayor Portner questioned the size of the parking spaces and
Commissioner Roberts asked if there are plans for a school on the premises. Mr. Andrews
responded spaces would be 10' by 20', and the classrooms would be used only during
worship. Mayor Schreiber opened the public hearing and Larry Feingold questioned the
additional square footage. Mr. Andrews explained 906 square feet would be added to the
second floor. With no one else wishing to speak, Mayor Schreiber closed the public hearing.
April 10, 2002
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On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner
Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-102
7. DELEGATION REQUEST AMENDING NOTE — "FT. L4UDERDALE TRUCK FARMS"
PLAT: (TR9742) Motion to approve Resolution approving a Delegation Request to amend the
note on the "Island Club Apartments" Plat which currently restricts the property to 216 units to
reflect the future development of twenty (20) additional units for a total of 236 units on the
subject property, specifically a portion of the "Island Club Apartments" Plat, according to the
plat thereof as recorded in Plat Book 122, Page 12 of the Public Records of Broward County,
Florida, located at 5098 Island Club Drive (Case No. 11-P-01). City Attorney Kraft read
Temporary Resolution 9742 by title. Commissioner Sultanof seconded by Vice Mayor Portner
moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Mikki H.
Ulrich, Higgins-Deni & Associates, waived her quasi-judicial rights on behalf of the applicant.
Community Development Director King gave a presentation. Mayor Schreiber asked if it is a
rental community and Commissioner Sultanof questioned the location. Community
Development Director King said it is a rental community located behind Hampton Inn. Mayor
Schreiber opened the public hearing. Walter Coghlin, 4806 NW 49 Court, spoke about traffic.
Ms. Ulrich said the county will do a traffic study when the item goes to them for review. Mayor
Schreiber questioned the number of parking spaces and impact of additional traffic.
Community Development Director King said this request is to provide development rights and
falls within the rules and regulations of the city. County staff will then review it and have the
ultimate say regarding traffic, but he did not feel the addition of 20 units would greatly impact
traffic. Commissioner Sultanof said the hotel has not created any traffic problems and DOT is
in working on traffic problems in that area. Additionally, impact fees will be generated for the
city and the School Board has no concerns at this time. Commissioner Roberts asked when
construction would begin and said drivers are cutting through from 441. Ms. Ulrich responded
that construction will commence immediately after approvals are granted, and she will discuss
cut -through traffic with the developer. Burt Schneider, 8016 NW 72 St., questioned the
number of one -bedroom units to be added. Ms. Ulrich said there would be 12 2-bedroom and
eight 1-bedroom units. With no one else wishing to speak, Mayor Schreiber closed the public
hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Portner "yes",
Commissioner Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2002-103
8. SPECIAL EXCEPTION - MERRILL GARDENS ADULT LIVING FACILITY: (TR9710)
Motion to approve Resolution granting a Special Exception to allow the construction of seven
(7) age -restricted units through issuance of seven (7) reserve units in association with the
existing Merrill Gardens Adult Living Facility (ALF) in a B-5 (Limited Business District) zoning
category, located at 7650 North University Drive; specifically a portion of Tract 13 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. City Attorney Kraft said
Items 8 and 9 are companion items but the designated agents are not present, and suggested
tabling the items. Commissioner Roberts seconded by Commissioner Sultanof moved to table
Temporary Resolutions 9710 and 9711 to the April 24, 2002 regular Commission meeting at or
after 9:00 a.m. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes",
April 10, 2002
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Commissioner Mishkin "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion
carried.
TABLED TO APRIL 24, 2002 REGULAR CITY COMMISSION MEETING AT OR AFTER 9:00
A.M.
9. REVISED DEVELOPMENT ORDER - MERRILL GARDENS ADULT LIVING
FACILITY: (TR9711) Motion to approve Resolution issuing Revised Development Order No.
304.3 and granting New Development Site Plan approval to Merrill Gardens II to allow the
construction of seven (7) one-story residential retirement units with associated parking,
landscaping and infrastructure improvements in conjunction with the existing Merrill Gardens
Adult Living Facility (ALF), located at 7650 North University Drive, specifically a portion of
Tract 13 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. 35-SP-01); providing for conditions of approval.
TABLED TO APRIL 24, 2002 REGULAR CITY COMMISSION MEETING AT OR AFTER 9:00
A.M.
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 City Commission meeting at 8:05 p.m.
E SCHREIBER, MAYOR
MARION SW SON, CMC
CITY CLERK
CITY OF T W WIC
ITPROVED AT &TETING OF
2-4 , 2002
April 10, 2002
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