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.
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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
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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
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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
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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
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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
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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
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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
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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
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April 11, 2001
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