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HomeMy WebLinkAbout2001-04-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING KINGS POINT CLUBHOUSE 7620 NOB HILL ROAD, CABARET ROOM WEDNESDAY, APRIL 11, 2001 CALL TO ORDER: Vice Mayor Sultanof called the regular City Commission meeting to order at 7:00 p.m. at Kings Point Clubhouse, 7620 Nob Hill Road, Cabaret Room, Tamarac, FL. PRESENT: Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Gertrude Mishkin, and Commissioner Karen L. Roberts. ABSENT AND EXCUSED FOR CAUSE: Mayor Joe Schreiber. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. Vice Mayor Sultanof called for the pledge of allegiance. Vice Mayor Sultanof said Mayor Schreiber is in the hospital and wished him well. Vice Mayor Sultanof thanked the management and residents of Kings Point for allowing the City Commission to hold their meeting at the clubhouse, and said the Commissioners want to bring City Hall to the people and are doing this on a regular basis. 1 , BADGING CEREMONY: Sheriff Ken Jenne conducted a badging ceremony naming Michael Goldstein as Major and Kenneth Dugger as Chief. Sheriff Jenne praised the City Commission for bringing City Hall to the people. Sheriff Jenne congratulated Major Goldstein and Chief Dugger on their accomplishments and said it has been an honor and a privilege for Broward Sheriffs to serve Tamarac. John Kelly, City Manager of Coconut Creek congratulated Major Goldstein. Vice Mayor Sultanof, Commissioner Portner, Commissioner Mishkin, Commissioner Roberts, and City Manager Miller made a presentation of a plaque to Major Goldstein. Major Goldstein thanked everyone for the opportunity to serve Tamarac for the past 12 years. Chief Dugger thanked everyone for their support, Norman Abramowitz, past County Commissioner, wished Major Goldstein the best of luck and said BSO has wonderful and dedicated police officers. 2. PRESENTATION of a proclamation by Mayor Schreiber for Crime Victims' Rights Week - April 22 - 28, 2001. Commissioner Roberts presented Robin Burns with a proclamation for Crime Victims' Rights Week. Ms. Burns spoke about victims' rights. 3. PRESENTATION of a proclamation by Mayor Schreiber for Day of Remembrance Week - April 15 - 22, 2001. Vice Mayor Sultanof presented Marcelle Bock with a proclamation for Day of Remembrance Week, and Ms. Bock thanked the Commission. April 11, 2001 1 4. PRESENTATION of a proclamation by Mayor Schreiber proclaiming the week of April 16-22, 2001 as National Community Development Week. Vice Mayor Sultanof presented Community Development Director King with a proclamation proclaiming the week of April 16-22, 2001 as National Community Development Week, and Community Development Director King thanked the Commissioners, City Manager, City Attorney and residents of Tamarac for supporting the CDBG program. Community Development Director King said Tamarac is an entitlement City, which means Tamarac does not have to go through Broward County for CDBG funding. Vice Mayor Sultanof, Commissioner Portner, Commissioner Mishkin, Commissioner Roberts, and City Manager Miller presented Assistant City Manager Tim Hemstreet with a plaque and wished him well on his new job with the City of Miami Beach. Assistant City Manager Hernstreet thanked the Commissioners and said it has been a pleasure serving the City of Tamarac and its residents. PUBLIC PARTICIPATION 5. Marvin Seidel, 9645 N Belfort, Tamarac, spoke about the proposed Westwood Apartment Community and a fence or wall around the perimeter of the site. City Manager Miller said part of stafrs recommendation to the Commission would be to construct a wall. Marcia Gallagher, 6181 NW 55 Lane, Tamarac, spoke about the Enron Power Plant. M RFPC)RTR 6. City Commission: Commissioner Roberts congratulated Major Goldstein and Chief Dugger, and wished Assistant City Manager Hemstreet good luck. Commissioner Roberts welcomed everyone and wished everybody a happy holiday. Commissioner Portner thanked Marcia Gallagher for coming to speak to the Commission. Commissioner Portner thanked Assistant City Manager Hernstreet for all his help, and said he hopes Assistant City Manager Hemstreet enjoys his new position and achieves what he wants in life. Commissioner Portner thanked everyone for coming to the meeting, and congratulated Major Goldstein and Chief Dugger on their promotions. Commissioner Portner acknowledged his wife, Helen, who was sitting in the audience. Commissioner Mishkin congratulated Major Goldstein and Chief Dugger on their promotions, and wished Assistant City Manager Hemstreet the best in his new job. Vice Mayor Sultanof wished everyone a happy holiday and congratulated Major Goldstein and Chief Dugger, and said Assistant City Manager Hernstreet will be sorely missed. Vice Mayor Sultanof asked all veterans to attend the Veterans' Assembly at April 11, 2001 2 the Community Center on April 18 th . There are 667,000 veterans in Florida, and 1,500 die every day. It is important to remember these men and women, who as young people, went into the fray. Vice Mayor Sultanof said he is proud to represent Kings Point and his District. Vice Mayor Sultanof said he and his wife Sylvia would be married 58 years in May. 7. City Attorney: City Attorney Kraft had no report. 8. City Manager: City Manager Miller congratulated Assistant City Manager Hemstreet on his new position and wished him good fortune and every success. City Manager Miller said during Major Goldstein's 12-year term as BSO Chief in Tamarac he did a great service to Tamarac, and Tamarac has the lowest crime rate of any city this size. City Manager Miller reported that Tamarac would host the annual All American Clean -Up Day on April 28, from 9:00 — 11:30 a.m. The event will take place from Veterans' Park west, along the route of the future Tamarac Trail. Everyone is invited to help. Parks and Recreation reports that Tamarac hosted "Art Tamarac 2001" last Wednesday, and the cultural arts sessions are going well. Public Works is moving forward with the citywide sidewalk project, which will begin after April 30. The project is paid for by federal grants and FDOT. Residents will be informed before construction begins. The Utilities Department reports that Tamarac has been nominated for the EPA Region IV 2001 Excellence Award. This is Tamarac's first nomination for the award, and it is for the booklet that was sent to homeowners regarding drinking water. City Manager Miller reported that he just received notification from Fire Chief Budzinski that there is a structure fire at the Oakbrook Village clubhouse, and there are two Tamarac units on the scene. 9. Parks and Recreation: Parks and Recreation Director Kathleen Margoles gave a presentation on recreation programs. 10. Utilities: Utilities Director Raymond Gagnon gave a presentation on the water crisis and restrictions. CONSENT AGENDA 11. 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 Vice Mayor Sultanof it yes". Motion carried. a. APPROVE the minutes of the March 26, 2001 Special Commission meeting. APPROVED b. APPROVE the minutes of March 28, 2001 Regular Commission Meeting. APPROVED April 11, 2001 3 C. PERFORMANCE BOND RELEASE - RIVERSIDE FUNERAL HOME: (TR9313) Releasing a performance bond, letter of credit from Union Planters Bank, #LO04552, in the amount of $5,280.00 posted for the construction of an eastbound right turn lane into Riverside Funeral Home on N.W. 57' Street subject to receipt of a Warranty Bond in the amount of $1,320.00. RESOLUTION NO. R2001-67 d. BILL OF SALE ABSOLUTE - WALGREENS AT WOODIVIONT SHOPPES: (TR9310) Accepting a Bill of Sale Absolute from Oritt Trion Woodmont, Ltd., for the Water Distribution and Sewer Collection System improvements installed for the Walgreens at Woodmont Shoppes Project, located on the southwest corner of University Drive and NW 82 d Street for City ownership. RESOLUTION NO. R2001-68 e. WATER AND SEWER UTILITY EASEMENT - WALGREENS AT WOODIVIONT SHOPPES: (TR931 1) Accepting and executing a "Tamarac Water and Sewer Utility Easement" with Oritt Trion Woodmont, Ltd., for the Walgreens at Woodmont Shoppes Project located on the southwest corner of University Drive and NW 82nd Street, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System improvements; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2001-69 f. RELEASE WARRANTY BOND - COMMERCIAL SHOPPES WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS: (TR9312) Releasing a Public Improvement Warranty Bond in the form of a Check #1703 from Prospect Commercial, Inc., in the amount of $1,692-50 for the Water Distribution and Sewage Collection System improvements installed by Prospect Commercial, Inc., for the Commercial Shoppes Project located on the southwest corner of Commercial Boulevard and Prospect Road. RESOLUTION NO. R2001-70 9. BILL OF SALE ABSOLUTE - SOUTHAMPTON PHASE G: (TR9316) Accepting a Bill of Sale Absolute from Lennar Land Partners, for the Sewer Collection System Improvements for the Southampton Phase G Project, located on the west side of Nob Hill Road and NW 77th Street and NW 71st Street, for City ownership. RESOLUTION NO. R2001-71 h. WATER AND SEWER UTILITY EASEMENT - SOUTHAMPTON PHASE G: (TR9317) Accepting and executing a "Tamarac Water and Sewer Utility Easement" with Lennar Homes, Inc., for the Southampton Phase G Project, located on the west side of Nob Hill Road between NW 77 1h Street and NW 71 st Street, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection Systems. RESOLUTION NO. R2001-72 April 11, 2001 4 I I i. RELEASE WARRANTY BOND - SOUTHAMPTON PHASE F WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS: (TR9314) Releasing a Public Improvement Warranty Bond in the form of an Irrevocable Standby Letter of Credit #S990269 from Suntrust Bank, in the amount of $43,534.50 for the Water Distribution and Sewage Collection System Improvements installed by Lennar Land Partners, for the Southampton Phase F Project located on the west side of Nob Hill Road between NW 77 th Street and NW 71't Street. RESOLUTION NO. R2001-73 j. WATER AND SEWER UTILITY EASEMENT - SOUTHAMPTON PHASE A: (TR9319) Accepting and executing a "Tamarac Water and Sewer Utility Easement" with Lennar Land Partners, for the Southampton Phase A Project, located on the west side of Nob Hill Road between NW 77' Street and NW 71't Street, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection Systems. RESOLUTION NO. R2001-74 k. BILL OF SALE ABSOLUTE - SOUTHAMPTON PHASE A-D, I.- J, & RECREATION CENTER: (TR9321) Accepting a Bill of Sale Absolute from Lennar Land Partners, for the Water Distribution and Sewer Collection System Improvements for the Southampton Phase A-D, 1, J, & Recreation Center Project, located on the west side of Nob Hill Road between NW 77th Street and NW 71st Street, for City ownership; authorizing and directing the City Clerk to record said document in the Public Records of Broward County. RESOLUTION NO. R2001-75 1. WATER AND SEWER UTILITY EASEMENTS - TAMARAC LAKES SEWER EXTENSION AND WATER DISTRIBUTION PROJECT: (TR9269) Accepting and executing "Tamarac Water and Sewer Utility Easements" with various residents of the Tamarac Lakes Development Sections 1 & 2 for the Tamarac Lakes Sewer Extension and Water Distribution Project located on the east side of 21 st Avenue just north of Prospect Road, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said documents in the public records of Broward County. RESOLUTION NO. R2001-76 M. GRANT FUNDING - TAMARAC YOUTH FOOTBALL LEAGUE: JR9329) Accepting grant funding from the National Recreation & Parks Association/National Football League in the amount of $500.00; awarding $500.00 in a grant to the Tamarac Youth Football League; amending the General Fund Estimated Revenues & Expenditures in the amount of $500.00. RESOLUTION NO. R2001-77 n. COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT: (TR9289) 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 April 11, 2001 5 Resolution to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration. RESOLUTION NO. R2001-78 0. FOUR WEEK PERIOD DURING WHICH THE COMMISSION WILL NOT MEET: (TR9315) Authorizing a four -week consecutive period (July 18, 2001 — August 14, 2001) during which the Commission will not schedule any regular meetings in 2001 pursuant to Section 4.06 of the City Charter. RESOLUTION NO. R2001-79 END OF CONSENT AGENDA REGULAR AGENDA 12. HIGH SCHOOL DIPLOMA FOR WORLD WAR 11 VETERANS PROGRAM: (TR9341) Motion to adopt Resolution supporting the Florida Department of Education's High School Diploma for World War 11 Veterans Program. City Attorney Kraft read Temporary Resolution 9341 by title. Commissioner Portner seconded by Commissioner Mishkin moved approval. Vice Mayor Sultanof said the Federal Department of Education approved the issuance of diplomas to men and women who were inducted into the service without first having finished high school, and whether or not they were living in Florida at that time, but in order to receive a diploma, they must live in Florida at this time. On roll call Commissioner Portner voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Vice Mayor Sultanof 19 yes". Motion carried. RESOLUTION NO. R2001-80 13. STATE FUNDING - EVERGLADES: (TR9342) Motion to adopt Resolution encouraging the State Legislature to replace the funds appropriated from the Florida Preservation 2000 Trust Fund to the Save Our Everglades Trust Fund as outlined in Senate Bill 2002; directing the City Clerk to send a copy of this resolution to the Broward County Legislative Delegation and the Broward County Board of Commissioners for consideration during the 2001 legislative session. City Attorney Kraft read Temporary Resolution 9342 by title. Commissioner Roberts seconded by Commissioner Mishkin moved approval. Assistant to the City Manager Kristin McKew gave a presentation. Commissioner Portner spoke about the legality of the State government taking monies from the general fund, Vice Mayor Sultanof and Commissioner Portner asked everyone to contact Senator Campbell regarding this issue. On roll call Commissioner Roberts voted "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", and Vice Mayor Sultanof "yes". Motion carried. RESOLUTION NO. R2001-81 I April 11, 2001 6 I PUBLIC HEARING 7:00 P.M. OR THEREAFTER 161:4 0 1 � Y-11 � I" 4MIX916y,11 11 AW-11 91 UIC 14. AMENDING CHAPTER 16 -,--PENSIONS & RETIREMENT,- ARTICLE VI FIREFIGHTER PENSION PLAN: J01928) Motion to adopt Ordinance on second reading amending Chapter 16, Pensions and Retirement, Article V1 Firefighter Pension Plan; amending Section 16-408, "Participant Contributions", providing for an increase in employee contributions; amending Section 16-487, "Early Retirement Age", providing for the deletion of early retirement on attainment of twenty-five (25) years of credited service; amending Section 16-489, "Normal Retirement Age", providing for normal retirement at the attainment of twenty-five (25) years of credited service; adding Section 16-515, "Retirement Subsidy", providing for a monthly subsidy benefit at retirement of Ten Dollars ($10) per year of credited service including a minimum, a maximum and an annual adjustment of 2 and one-half percent (2.5%) that terminates at Medicare eligibility. City Attorney Kraft read Temporary Ordinance 1928, Revision #3, on second reading by title. Commissioner Portner seconded by Commissioner Roberts moved approval. Personnel Director Maria Swanson gave a presentation. Vice Mayor Sultanof opened the public hearing and with no one wishing to speak closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", and Vice Mayor Sultanof "yes". Motion carried. ORDINANCE NO. 0-2001-08 END OF PUBLIC HEARING QUASI-JUDICIAL HEARING 15. SPECIAL EXCEPTION - POINT BAGEL: (TR9333) Motion to adopt Resolution granting a Special Exception to allow the operation of a restaurant in a B-1 (Neighborhood Business District) zoning category to Point Bagel located at 7680-7682 Nob Hill Road (Kings Point Commercial Plaza); specifically Parcel "A" of the "Kings Point Commercial Plaza" Plat, according to the Plat thereof as recorded in Plat Book--__ 146, Page 12 of the Public Records of Broward County, Florida; Case No. 5-Z-01; providing for conditions of approval. City Attorney Kraft read Temporary- Resolution 9333 by title. Commissioner Roberts seconded by Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial proceedings, and Anita Kaplan, 5730 NW 56 Place, owner, waived her quasi-judicial rights. Community Development Director King gave a presentation. Commissioner Portner asked Ms. April 11, 2001 7 Kaplan whether she owned a number of restaurants, had any encumbrances or open lawsuits, and operated a catering business. Ms. Kaplan said she had owned several restaurants which had been sold, she was involved in a lawsuit but it had been settled, and she operated a catering business out of her home, for which she had an occupational license. Vice Mayor Sultanof opened the public hearing. Philip Fosberg, 6200 Fall Circle Drive, Lauderhill, spoke about monies owed him and his son by Ms. Kaplan. Murray lobco, Tamarac, suggested the Commission put off consideration of this matter until the next meeting. Vice Mayor Sultanof and Commissioner Roberts said it is only the special exception that is up for consideration. City Attorney Kraft said this is a land use issue, and dealings with other matters are irrelevant in this evening's decision. Sylvia Hyer, 7447 N Devon Drive spoke about zoning and asked why a special exception is needed. Vice Mayor Sultanof said all restaurants in Tamarac must be approved for a special exception. Ms. Hyer asked about qualifications for special exceptions, and Community Development Director King responded. Commissioner Portner asked if any other restaurants are open evenings, and Commissioner Roberts asked whether a restaurant which is approved to stay open 2 evenings a week, must go back before the Commission if they decide to stay open additional evenings. Community Development Director King responded and said other restaurants are open evenings, and there is no restriction on hours of operation. Commissioner Roberts asked which evenings the restaurant would be open, and Ms. Kaplan said Wednesday through Sunday. Harriet Cohen, 7360 Fairfax Drive, Tamarac, said she remembered that when the strip shopping center was being approved, Lennar said they would not allow a restaurant in the center. Community Development Director King said he is not aware of this, and all applications as well as the history of each piece of property are thoroughly checked. Commissioner Portner moved to table Temporary Resolution 9333 until April 25, 2001. There was no second on the motion. With no one else wishing to speak, Vice Mayor Sultanof closed the public hearing. On roll call Commissioner Roberts voted "yes", Commissioner Portner "no", Commissioner Mishkin 91 yes", and Vice Mayor Sultanof "yes". Motion carried. RESOLUTION NO. R-2001-82 END OF QUASI-JUDICIAL HEARING There being no further business to come before the City Commission, Vice Mayor Sultanof adjourned the meeting at 9:00 p.m. MARION tWENSON, CM CITY CLERK FMARCt SULTANOF VICE MAYOR CITY F TAMARAC APPROVED AT MEETING OF ,Z5-* c�, April 11, 2001 8 E E