HomeMy WebLinkAbout2002-05-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY MAY 8, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order on Wednesday, May 8, 2002 at 7:00 p.m. in Chambers at 7525 NW 88
Avenue, Tamarac, FL 33321.
PRESENT: Mayor Joe Schreiber, Vice Mayor Edward C. Partner, Commissioner Marc
L. Sultanof, and Commissioner Karen L. Roberts.
EXCUSED FOR CAUSE: Commissioner Gertrude Mishkin.
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.
1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming May 19-25,
2002 as Emergency Services Week in the City of Tamarac. Assistant Fire Chief
Kingman Schuldt accepted and thanked the city commission and residents for their
support.
2. PRESENTATION by Mayor Schreiber of a proclamation for the dedication of
Challenger Elementary School. Commissioner Roberts accepted and said everyone
worked long and hard for the elementary school, and she is looking forward to August
2002 when Millennium Middle School, formerly known as Middle School ii, will open.
3. PUBLIC PARTICIPATION: Marvin Seidel, 9645 Belfort Circle, Tamarac, 33321,
spoke about an initiative petition to bring the second homestead exemption before the
people, and asked the commission for their assistance in providing the exemption to
residents of Tamarac. Rondell Peters, 5884 N Plum Bay Parkway, Tamarac, 33321,
spoke about donating trees to the city. Mayor Schreiber suggested Mr. Peters contact
the City Manager's office for direction. Sam Schwartz, 6451 N University Drive,
Tamarac, 33321, asked about the status of the second homestead exemption, and
Mayor Schreiber said it has been brought up before the commission at workshops since
the passage of the act, but has always been denied by the commission as a whole.
Stewart Webster, 7900 Colony Circle South, Tamarac, 33321, said the second
homestead exemption was one of Commissioner Mishkin's platform issues, and asked
about her stance on this issue. Mr. Webster spoke about the traffic light on 94t" and
Commercial flashing after midnight, and said this is a danger. Mayor Schreiber said
Commissioner Mishkin would be informed of his request regarding the second
homestead exemption, and suggested Mr. Webster contact Commissioner Mishkin.
Mayor Schreiber said as this is out of the city's hands, the Public Works Department
would contact DOT to see if it is necessary to have the light on 24 hours.
May 8, 2002
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REPORTS
4. City Commission: Commissioner Sultanof thanked the public and the United
States for celebrating Mother's Day, and congratulated all mothers in the audience.
Commissioner Sultanof said it is important to recognize that mothers are part of the
strength and fabric of the country.
Vice Mayor Portner said he would file his report on Fatsa, Turkey with the commission,
and wished everyone a happy Mother's Day.
Commissioner Roberts congratulated Assistant to the City Manager Diane Phillips and
Parks and Recreation Director Kathleen Margoles for getting an additional $2 million in
grants from the county for land projects.
Mayor Schreiber said the EMS personnel do a fantastic job. Mayor Schreiber said
mothers symbolize apple pie, patriotism and the flag, and asked everyone to remember
mothers on Sunday. Mayor Schreiber said Assistant to the City Manager Diane Phillips
and Parks and Recreation Director Kathleen Margoles are doing a great job, and
thanked them for their efforts on behalf of the city. Mayor Schreiber said Section 4.03
of the Tamarac Charter recognizes the Mayor as head of the government for all official
functions, and since proclamations fall under this authority, Mayor Schreiber asked that
all requests for proclamations go before him for approval.
5. City Attorney: City Attorney Kraft had no report.
6. City Manager: City Manager Miller reported that BSO sponsored a bike
registration at Tamarac Elementary School on May 7 and gave out helmets. On April
27 the Fire Department hosted a smoke detector giveaway and installation at Concord
Village. A temporary Social Worker will be available at the Tamarac Community
Center, Mondays -Fridays, from 10:00 a.m. — 1:00 p.m. This is part of the CDBG
program. The semi-annual garage sale was held on May 4, with 40 vendors
participating, and there was a very good turnout for the event. The 3rd annual Health
Fair will be held May 18 from 9:00 a.m. — 1:00 p.m. at the Tamarac Community Center.
Challenge Day 2002 will take place on May 9. In 2001, 922 cities joined Challenge Day
with over 19 million participants. This year promises an increase in cities and
participants. Daily physical activity promotes well being and health.
CONSENT AGENDA
7. Vice Mayor Partner seconded by Commissioner Sultanof moved removal of Item
7(d) from the consent agenda for discussion. On roll call Vice Mayor Partner voted
"yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
Commissioner Sultanof seconded by Vice Mayor Portner movedapproval of all items
on the consent agenda except for 7(d), which was removed for discussion. On roll call
May 8, 2002
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Commissioner Sultanof voted "yes", Vice Mayor Portner "yes", Commissioner Roberts
"yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the April 24, 2002 Regular Commission meeting.
APPROVED
b. RADIO COMMUNICATION SITE - RAMADA PLAZA RESORT BUILDING:
(TR9763) Executing a lease agreement with VL Building West d/b/a Ramada
Plaza Resort for an antenna site on the Ramada Plaza Resort Building for the
city's radio communication system for a period of five years with two additional
five year renewal options at a cost of $60 per month.
RESOLUTION NO. R2002-120
C. WARRANTY BOND RELEASE — NW 57T" STREET TURN LANE: (TR9747)
Releasing a Warranty Bond in the form of Letter of Credit #L010740 from Union
Planters Bank, in the amount of $1,320.00 posted by Parkwood Holdings, Inc. for
the construction of an eastbound right turn lane on N.W. 57t" Street between
N.W. 70t" Avenue and N.W. 66t" Terrace.
RESOLUTION NO. R2002-121
d. REVISION TO PERMIT FEE STRUCTURE: (TR9740) Increasing and
restructuring Building Department permit fees.
REMOVED FROM CONSENT AGENDA FOR DISCUSSION
e. MODIFICATION TO AGREEMENT — DEPARTMENT OF COMMUNITY
AFFAIRS DIVISION OF EMERGENCY MANAGEMENT: (TR9771) Executing a
Modification to Agreement between the City of Tamarac and the Florida
Department of Community Affairs Division of Emergency Management.
RESOLUTION NO. R2002-122
f. AGREEMENT - CANAL LEVEL MONITORING STATIONS: (TR9769) Executing
an agreement with Service of Professionals, Inc. for providing installation of
canal level monitoring stations utilizing the South Florida Water Management
District Contract C-12523 effective May 24, 2001 through May 24, 2002;
authorizing an expenditure in an amount not to exceed $68,305; authorizing
budget transfers necessary for proper accounting procedures.
RESOLUTION NO. R2002-123
END OF CONSENT AGENDA
7(d) REVISION TO PERMIT FEE STRUCTURE: (TR9740) Increasing and
restructuring Building Department permit fees. Commissioner Roberts said some
permit fees are doubled, (example: $45.00 - $90.00) for residents, and she feels this
might put the city back where it was 20 years ago; people doing projects without pulling
permits because of the cost factor and hassle. Mayor Schreiber suggested tabling the
item to a time certain, to look into recommendations for changes to the proposed
resolution. Vice Mayor Partner seconded by Commissioner Roberts moved to table
Item 7(d) to the May 22, 2002 meeting, at or after 9:00 a.m. On roll call Vice Mayor
Portner voted "yes", Commissioner Roberts "yes", Commissioner Sultanof "yes", and
Mayor Schreiber "yes". Motion carried.
TABLED TO THE MAY 22, 2002 REGULAR CITY COMMISSION MEETING AT OR
AFTER 9:00 A.M.
May 8, 2002
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REGULAR AGENDA
Commissioner Sultanof seconded by Commissioner Roberts moved the addition of
Temporary Ordinance 1964 to the agenda as item 10(a). Temporary Ordinance 1964,
an Ordinance granting to Florida Power & Light Company, its successors and assigns,
an electric franchise, imposing provisions and conditions relating thereto and providing
for monthly payments to the City of Tamarac; providing for conflicts; providing for
severability; and providing for an effective date. On roll call Commissioner Sultanof
voted "yes", Commissioner Roberts "yes", Vice Mayor Portner "yes", and Mayor
Schreiber "yes". Motion carried.
8. UNDERWRITING SERVICES: (TR9772) Motion to approve Resolution
authorizing the selection of William R. Hough & Co. for Senior Managing Underwriter in
connection with the intent to issue Sales Tax Revenue Bonds not to exceed
$13,500,000 to finance the construction of a fire station, a development services
building, a public works storage building, parks and recreational facilities, land
acquisition, site work, street improvements, and other capital improvements within the
City. City Attorney Kraft read Temporary Resolution 9772 by title. Commissioner
Sultanof seconded by Vice Mayor Portner moved approval. Mayor Schreiber said the
city received negative publicity because of this item, and it is important to pass this item
to start raising the $13,500,000 for continuance of programs and to move forward with
future programs. It is incumbent upon the elected officials to make the best choices for
the city, as the commission is responsible to the people of Tamarac. Mayor Schreiber
questioned why the commission took staff's number two recommendation over their
number one recommendation, and said politics does not belong in the conduct of city
business. Vice Mayor Portner said he originally proposed a split management between
William R. Hough and Company and Commerce Capital Markets, a merger of big and
small companies, but this was turned down and Commerce Capital Markets was
chosen. He later learned that his son-in-law, Russ Klenet,: was involved with
Commerce Capital Markets, so he recused himself, as he did before in the City
Furniture matter, and as he will do in the future, should the occasion arise.
Commissioner Sultanof said Tamarac staff is excellent; however, the commission
should not vote on items without questioning them; it is the duty of the commission to
ask questions. Commissioner Sultanof said politics must be taken out of decisions. On
roll call Commissioner Sultanof voted "yes", Vice Mayor Portner "yes", Commissioner
Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R2002-124
9. ISSUING SALES TAX REVENUE BONDS SERIES 2002: (TR9674) Motion to
approve Resolution supplementing and amending Resolution No. 98-156, as replaced
by Resolution No. 99-178 and as further amended and supplemented by Resolution
No. 99-192, authorizing the issuance of not exceeding $13,500,000 Sales Tax Revenue
Bonds, Series 2002 of the City of Tamarac, Florida, to finance the construction of a fire
station, a development services building, a public works storage building, parks and
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recreational facilities, land acquisition, site work, street improvements, and other capital
improvements within the city; fixing certain terms and details of such bonds; authorizing
a negotiated sale of such bonds to William R. Hough & Co. pursuant to the terms and
conditions described herein; authorizing the execution and delivery of a Bond Purchase
Contract; approving the form of and authorizing the distribution of a Preliminary Official
Statement and authorizing the execution and delivery of a Final Official Statement;
selecting a Paying Agent and Registrar and authorizing the execution and delivery of an
agreement between the city and the Bond Registrar and Paying Agent; ratifying the
selection of Financial Guaranty Insurance Company as Bond Insurer and providing for
certain matters in connection therewith; authorizing the execution and delivery of a
Continuing Disclosure Certificate; authorizing other required actions; providing for
severability and an effective date. City Attorney Kraft read Temporary Resolution 9674,
Revision #2, by title. Commissioner Roberts seconded by Commissioner Sultanof
moved approval. On roll call Commissioner Roberts voted "yes", Commissioner
Sultanof "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-125
ORDINANCES — FIRST READINGS
10. AMENDING CHAPTER 12 - LICENSE AND BUSINESS REGULATIONS:
(TO1967) Motion to adopt Ordinance on first reading amending Chapter 12, "License
and Business Regulations", of the Code of Ordinances of the City of Tamarac, Florida,
by amending Article II, "Occupational Licenses", by amending Section 12-39, "Amount
of Fee" to conform with Chapter 205, Florida Statutes; modifying Occupational License
fees and classifications and establishing equity between license fees and establishing
additional license classifications and fees (Case No. 7-Z-02); providing for codification.
City Attorney Kraft read Temporary Ordinance 1967, Revision #1, by title on first
reading. Commissioner Sultanof seconded by Commissioner Roberts moved approval.
Commissioner Roberts said the fees could only be raised every two years, and asked
for confirmation that they have not been raised in the last two years, and asked if this
was a 5% increase. Community Development Director King confirmed the last increase
and said this increase did not exceed 5%. Commissioner Roberts said while she is not
happy about the increases, they are fair. On roll call Commissioner Sultanof voted
"yes", Commissioner Roberts "yes", Vice Mayor Portner "yes", and Mayor Schreiber
"yes". Motion carried.
APPROVED FIRST READING
10(a) GRANTING FLORIDA POWER & LIGHT COMPANY AN ELECTRIC
FRANCHISE: (TO 1964) Motion to adopt Ordinance on first reading granting to Florida
Power & Light Company, its successors and assigns, an electric franchise, imposing
provisions and conditions relating thereto and providing for monthly payments to the
City of Tamarac; providing for conflicts; providing for severability; and providing for an
effective date. City Attorney Kraft read Temporary Ordinance 1964 by title on first
reading. Commissioner Roberts seconded by Commissioner Sultanof moved approval.
Mayor Schreiber questioned the tax issue, and City Attorney Kraft said this ordinance
cures the problem. Assistant City Manager/Interim Finance Director Cernech explained
the matter of property taxes offsetting the franchise fees and said in the past FPL
May 8, 2002
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established a franchise fee formula granting them an illegal tax exemption. All cities
involved gave testimony and FPL offered the same formula without a deduction of
property taxes. This benefits Tamarac by approximately $200,000 for this year, and will
grow as more power is sold and FPL's property increases in value. On roll call
Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner
"yes", and Mayor Schreiber "yes". Motion carried.
APPROVED FIRST READING
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
11. SPECIAL EXCEPTION - FEENEY'S IRISH PUB: (TR9768) Motion to approve
Resolution granting a Special Exception to allow the operation of a restaurant and bar
with on -site consumption of alcoholic beverages in a B-2 (Community Business District)
zoning category to Feeney's Irish Pub located at 7513 NW 57th Street (Big Lots Plaza);
specifically all of Parcels "B" and "C" of "The Mainlands of Tamarac Lakes Ninth
Section" Plat, according to the Plat thereof as recorded in Plat Book 67, Page 48 of the
Public Records of Broward County, Florida, less that portion quit claimed to Broward
County in Official Records Book 16456, Page 727 Broward County Records (Case No.
5-Z-02); providing for conditions of approval. Since the applicant had not yet arrived,
Mayor Schreiber moved out of the regular order of business to take up items 12 and 13
on the agenda.
12. 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.
13. 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.
City Attorney Kraft said items 12 and 13 on the agenda are companion items, and could
be heard together, with separate votes on each item. City Attorney Kraft read
Temporary Resolution 9710, Revision #1, by title. Commissioner Roberts seconded by
Vice Mayor Portner moved approval. City Attorney Kraft read Temporary Resolution
9711 by title. Commissioner Sultanof seconded by Commissioner Roberts moved
May 8, 2002
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approval. City Attorney Kraft explained the quasi-judicial proceedings and Susan
Motley, Attorney waived her quasi-judicial rights for Temporary Resolutions 9710 and
9711 on behalf of the applicant, Merrill Gardens. Community Development Director
King gave a presentation on items 12 and 13. Mayor Schreiber asked if the units are
rentals, and Ms. Motley said while they are not rentals, residents will be charged a fee,
as the residents do not need the level of care provided in the ALF, but will have the use
of the main facility. Commissioner Roberts asked about the difference between reserve
units and flex units. Community Development Director King explained and said under
the Broward County Comprehensive Plan, flex units differ between land use
designations of county and city properties. The County needs to be more intense than
the city. Commissioner Roberts asked about the construction time and the proximity to
the crosswalk for Tamarac Elementary School. Commissioner Sultanof asked about
traffic flow. Ms. Motley said she believed it would take about six months to construct
the seven units, and they would take the same precautions for the children as they had
when Merrill Gardens was built. Ingress and egress is through the main facility only;
there is no independent access to the units. Mayor Schreiber opened the public
hearing for Temporary Resolution 9710. Marvin Seidel, 9645 N Belfort, Tamarac, said
he is not in favor of the project and asked if it would be a controlled situation,
questioned the mental stability of the residents and said he did not want to see pets at
the facility. Ms. Motley said there have been no problems with the existing facility; the
residents of the seven proposed units would be in better health than those living at the
facility, and it would be a controlled environment. Commissioner Sultanof said no one
who needs counseling or has mental problems would be housed at the facility. With no
one else wishing to speak, Mayor Schreiber closed the public hearing for Temporary
Resolution 9710. On roll call for Temporary Resolution 9710, Commissioner Roberts
voted "yes", Vice Mayor Partner "yes", Commissioner Sultanof "yes", and Mayor
Schreiber "yes". Motion carried. RESOLUTION NO. R2002-126
Mayor Schreiber opened the public hearing for Temporary Resolution 9711. With no
one wishing to speak, Mayor Schreiber closed the public hearing. On roll call for
Temporary Resolution 9711 Commissioner Sultanof voted "yes", Commissioner
Roberts "yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-127
Mayor Schreiber returned to Item No. 11 on the agenda, SPECIAL EXCEPTION -
FEENEY'S IRISH PUB: (TR9768) Motion to approve Resolution granting a Special
Exception to allow the operation of a restaurant and bar with on -site consumption of
alcoholic beverages in a B-2 (Community Business District) zoning category to
Feeney's Irish Pub located at 7513 NW 57th Street (Big Lots Plaza); specifically all of
Parcels "B" and "C" of "The Mainlands of Tamarac Lakes Ninth Section" Plat, according
to the Plat thereof as recorded in Plat Book 67, Page 48 of the Public Records of
Broward County, Florida, less that portion quit claimed to Broward County in Official
Records Book 16456, Page 727 Broward County Records (Case No. 5-Z-02); providing
for conditions of approval. Due to the fact that the applicant was not present,
Commissioner Roberts seconded by Vice Mayor Portner moved to table Temporary
Resolution 9768 to the May 22, 2002 regular meeting, at or after 9:00 a.m. On roll call
May 8, 2002
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Commissioner Roberts voted "yes", Vice Mayor Portner "yes", Commissioner Sultanof
"yes", and Mayor Schreiber "yes". Motion carried.
TABLED TO THE MAY 22, 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 meeting at 7:50 p.m.
MARION S ENSON, CMC
^ITY CLERK
CITY OF TA11dTC
APPROVED AT MEETING OF
2- L- 0
May 8, 2002
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