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HomeMy WebLinkAbout2005-04-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY APRIL 27, 2005 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 A.M. on Wednesday, April 27, 2005 in Chambers at 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, Interim Assistant City Attorney Julie F. Klahr, and City Clerk Marion Swenson. Commissioner Portner led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming April 27, 2005 as "National Anthem Project Day" in the City of Tamarac. Public Information Officer Crockett accepted and said there is a rich history behind the National Anthem. A recording of the National Anthem, sung by LeAnn Rimes was played. b. Presentation by John Pryor, Director, Accounting Division, Broward County, of a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada (GFOA) to the City of Tamarac Finance Department/Accounting Division. Mr. Pryor said the award is a premier indicator of excellence in government reporting. While this year marks the 19t" overall presentation of the award to Tamarac, it is the 16th consecutive year Tamarac has been awarded the Certificate of Achievement, exemplifying professionalism and dedication on the part of the city. Mr. Pryor commended Finance Director Chapman, Controller Nealon, and staff for their high degree of dedication and leadership, as well as the elected officials for their support. Mayor Schreiber accepted and said the city is very proud to have been presented with this award, and Tamarac has a great staff. Controller Nealon recognized the accounting staff and said this has been a team effort. C. Presentation by Mayor Schreiber of a proclamation proclaiming the week of May 1-8, 2005 as Days of Remembrance. Public Information Officer Crockett accepted. d. Presentation by Mayor Schreiber of a proclamation proclaiming May 1-7, 2005 as "National Drinking Water Week" "The Wonder of Water TM11 in the City of Tamarac. Utilities Director Gagnon and Water Plant Superintendent Harvey accepted. Water Plant Superintendent Harvey thanked the Mayor and City Commission for the April 27, 2005 Page 1 of 8 proclamation, and invited everyone to visit the water plant next week for tours and tips on water conservation. REPORTS 2. Citv Commission: Mayor Schreiber had no report. Commissioner Portner had no report. Commissioner Roberts wished everyone a happy Passover holiday. Commissioner Roberts said she is concerned about sidewalks in residential areas and has asked City Manager Miller to place this item on the next workshop agenda for discussion. Commissioner Sultanof thanked Community Development Director King and his staff and Assistant City Manager Phillips for their help at the MPO during the last two meetings with regard to the two items; grants for sidewalks at the Woodlands, and Nob Hill enhancements. Commissioner Sultanof said he is proud to be a delegate to the MPO, and added the MPO is now under federal jurisdiction. Additionally, light rail is in the offing, connecting west Broward to east Broward. Commissioner Sultanof thanked everyone for their participation. Vice Mayor Flansbaum-Talabisco reported that last week she attended a meeting sponsored by the Broward Cultural Division, and she represented Tamarac and the League of Cities. There was a forum for the 31 municipalities outlining how the cities are doing in terms of art and culture for residents. Michelle Zimmer of Parks and Recreation did a wonderful job representing Tamarac at the forum; Tamarac is amongst the leaders in municipalities providing wonderful art and culture for its residents. The groundbreaking for the aquatic center was well attended, and Vice Mayor Flansbaum- Talabisco said she received many calls from people of all ages saying they are delighted to see Tamarac is getting a swim facility. 3. Ci�Attorney: Interim Assistant City Attorney Klahr introduced herself and said on behalf of Sam Goren and staff, she is proud to be here. 4. City Manager: City Manager Miller reported the Building Department issued a temporary certificate of occupancy to Big Al's Aquarium Super Center, which is on the southeast corner of McNab and University. This business will be a significant draw, for the city. Code Enforcement reports the Board heard 15 cases and collected over $2,500 in fines. Community Development is working on the mixed use zoning district for our Main Street Project, and there is a resolution on today's consent agenda appointing Michele Mellgren & Associates, Inc. as planning consultant to update the Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan. The Finance department will be presented with another award from the GFOA at a future meeting for distinguished budget presentation. It will be the 8th consecutive year Tamarac has been presented with this award. Additionally, the GFOA pulled our CIP for special recognition. Three members of the Tamarac Fire Department will be promoted to Lieutenant on April 30th: John Coates, Steven Korte and Chris Dixon. This program has been phased in since 1999 and we will now have an officer on each rescue unit. Parks April 27, 2005 Page 2 of 8 and Recreation's Mother's Day Lunch and Fashion Show will be held at noon on May 6th at Inverrary Country Club. The Mother and Son dance will take place at 7:00 p.m. on May 7th at the Tamarac Community Center. All are invited to visit with Leonardo Nierman, sculptor, who will be at the Tamarac Community Center on May 7th for a meet the artist reception and dedication of his sculpture "Illusion". The ground breaking of the Caporella Aquatic Center was well attended. The Sixth Veterans Assembly was also well attended; congratulations to Commissioner Sultanof for bringing the event to fruition. This is the only Veterans Assembly in Broward County. Utilities reports pump station 33 rehabilitation has been done by in-house personnel. Water and Utilities staff assisted BSO in a homeland security survey of the water plant. Trees were removed for visibility and a fence was installed. Ft. Lauderdale will sponsor a biannual super chlorination of the water system, which includes the east side of Tamarac. This will occur through May 7th. Utilities will sponsor tours through the water plant the week of May 1-7, in celebration of National Drinking Water Week. City Manager Miller read into the record a letter from Zena Gullapalli, commending Code Enforcement Officer Michael Scott. (Attached hereto and incorporated as part of these minutes.) Ms. Gullapalli said city staff has been very cooperative and professional. Ms. Gullapalli spoke of problems with the sidewalk in front of her home, adding she is disabled, on a fixed income and unable to repair the sidewalk herself. City Manager Miller said he would have Public Works look at that particular site. Ms. Gullapalli asked about bringing the matter up at her homeowner association meeting and Commissioner Roberts said the meetings for Ms. Gullapalli's association are held on the 2nd Thursday of each month. 5. PUBLIC_ PARTICIPATION: Colonel Herb Hayes, 6607 NW 93 Avenue welcomed Sam Goren's firm to the city and said he is concerned about the situation that occurred at the last meeting regarding removal of the city attorney's office. CONSENT AGENDA 6. Commissioner Roberts requested the removal of Item 6(k), Temporary Resolution 10696 from the consent agenda. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved approval of all items on the consent agenda with the exception of 6(k). On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the April 13, 2005 Regular City Commission meeting. APPROVED b. APPROVE the minutes of the April 19, 2005 Special City Commission meeting. APPROVED C. APPROVE the minutes of the April 20, 2005 Special City Commission meeting. APPROVED d. APPOINTING COMMISSION LIAISONS TO BOARDS AND COMMITTEES: (TR10678) Appointing Commission Liaisons to the Insurance Advisory Board, Investment Advisory Committee, Parks and Recreation Board, Public Information Committee, Social Services Board, and Veterans Affairs Committee to serve until the next general municipal election which will be held on March 14, 2006. RESOLUTION NO. R2005-73 April 27, 2005 Page 3 of 8 e. AGREEMENT- _FY05 INFLOW AND INFILTRATION (I & I) SEWER LINE REHABILITATION PROJECT: (TR10683) Executing an agreement for the FY05 Inflow and Infiltration project for Sanitary Sewer Rehabilitation with Insituform Technologies, Inc., utilizing Manatee County Contract RFP 04-3794FL, valid through September 30, 2005, for an amount not to exceed $500,000.00; authorizing the appropriate City officials to administer the contract. RESOLUTION NO. R2005-74 f. BID AWARD AND AGREEMENT - EVALUATION AND APPRAISAL REPORT EAR OF THE CITY'S COMPREHENSIVE PLAN: (JR10691) Awarding LOI 05-06L and executing an Agreement between the City of Tamarac and Michele Mellgren & Associates, Inc. for a sum not to exceed Forty Thousand Dollars ($40,000.00) for an Evaluation and Appraisal Report (EAR) of the City of Tamarac's Comprehensive Plan (Case No. 6-MI-05). RESOLUTION NO. R2005-75 g. OPPOSING SENATE BILLS 1714 AND 2072 AND HOUSE BILL 1325- COVERED COMMUNICATIONS SERVICE: (TR10692) Opposing proposed Senate Bills 1714 and 2072 and House Bill 1325 directed toward prohibiting or restricting a governmental authority from providing a covered communications service as defined therein; directing the City Clerk to provide copies to the Governor, members of the Florida Legislature, Florida League of Cities, and the Broward League of Cities. RESOLUTION NO. R2005-76 h. GRANT APPLICATION - PINE ISLAND ROAD AND WOODLANDS BOULEVARD SIDEWALK INSTALLATIONS: (TR10693) Seeking Federal Surface Transportation Program funds via an application through the Broward County Metropolitan Planning Organization to the Florida Department of Transportation in the amount of $137,000 for sidewalk installation along Pine Island Road between 67th Court and 62" d Street and Woodlands Boulevard between 59th Street and Commercial Boulevard; authorizing a 10% match in City funds; authorizing City Officials to accept and execute the required agreement upon approval of the application following legal review. RESOLUTION NO. R2005-77 i. GRANT APPLICATION - NOB HILL ROAD MEDIAN ENHANCEMENTS: (TR10694) Seeking Federal Surface Transportation Program funds via an application through the Broward County Metropolitan Planning Organization to the Florida Department of Transportation in the amount of $271,000 for median enhancements along Nob Hill Road between Southgate Boulevard and Westwood Drive; authorizing a 10% match in City funds; authorizing City Officials to accept and execute the required agreement upon approval of the application following legal review. RESOLUTION NO. R2005-78 j. BID AWARD AND AGREEMENT - "CLASSIFICATION AND COMPENSATION STUDY" AND DEVELOPMENT OF A "PERFORMANCE MANAGEMENT SYSTEM": (TR10695) Awarding RFP 05-08R, for a "Classification and Compensation Study" and the development of a "Performance Management System", and executing an agreement with MGT of America, Inc. for a cost not to exceed $67,000. RESOLUTION NO. R2005-79 k. ROOM RENTAL FEES WAIVER - TAMARAC CHAMBER OF COMMERCE: (TR10696) Approving a request from the Tamarac Chamber of Commerce to waive room rental fees in the amount of $450.00 for their monthly meetings to be held in the April 27, 2005 Page 4 of 8 Recreation Center on the first Thursday of each month from 7:30 a.m. to 9:00 a.m., from May 5, 2005 through May 4, 2006, REMOVED FROM CONSENT AGENDA FOR DISCUSSION Commissioner Roberts said the Chamber was given a $35,000 grant this year, and while the Chamber is a vital and important part of the city, she is concerned that waiving the rental fee will open the door for other organizations. Mayor Schreiber said the Chamber is a vital organization that generates activities and interest of the public and businesses, and promotes the city. The Chamber has had a difficult time with funding and cannot be compared to charitable organizations. Vice Mayor Flansbaum-Talabisco said she understands Commissioner Roberts' concern, and while setting precedent could be a problem, the Mayor and City Commission should deal with things on a case by case basis. The Chamber is a vital part of what we do and the Chamber forum is important to the growth of small businesses. Interim Assistant City Attorney Klahr read Temporary Resolution 10696 by title. ROOM ,RENTAL FEES WAIVER -- TAMARAC CHAMBER OF COMMERCE: (TR10696) Approving a request from the Tamarac Chamber of Commerce to waive room rental fees in the amount of $450.00 for their monthly meetings to be held in the Recreation Center on the first Thursday of each month from 7:30 a.m. to 9:00 a.m., from May 5, 2005 through May 4, 2006. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. Commissioner Sultanof said the wording regarding the $450.00 is ambiguous, and Interim Assistant City Attorney Klahr suggested adding the word "annually" for clarification. All agreed. On roll call for Temporary Resolution 10696, as amended, Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. RESOLUTION NO. R2005-80 END OF CONSENT AGENDA REGULAR AGENDA PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER QUASI-JUDICIAL HEARINGS Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved to table Item 7, Temporary Resolution 10646 to the June 8, 2005 regular city commission meeting, at or after 7:00 p.m. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor Flansbaum- Talabisco "yes", and Mayor Schreiber "yes". Motion carried. 7. DELEGATION REQUEST TO AMEND NOTE ON "WESTPOINT SECTION 7 PLAT": (TR10646) Motion to approve Resolution approving a Delegation Request to amend the note on the "Westpoint Section 7 Plat" from the current restriction of "Commercial" to "Commercial" and "Church" to accommodate the future construction of the Community Christian Church on the subject property, specifically Tract "D" of the "Westpoint Section 7 Plat", according to the Plat thereof as recorded in Plat Book 162, April 27, 2005 Page 5 of 8 Page 23 of the Public Records of Broward County, Florida, located at the northeast corner of Sawgrass Expressway and Commercial Boulevard, extending west to Nob Hill Road and north to State Street (Case No. 2-P-05). TABLED TO THE JUNE 8, 2005 REGULAR CITY COMMISSION MEETING AT OR AFTER 7:00 P.M. 8. SPECIAL EXCEPTION — OPERATION OF INSURANCE CLAIM SERVICE CENTER — PROGRESSIVE INSURANCE COMPANY: (TR10685) Motion to approve Resolution granting a Special Exception to permit the operation of an insurance claim service center in a B-3 (General Business District) zoning category to Progressive Insurance Company located at 3710 West Commercial Boulevard, specifically Tract "A" of the "Intercity Auto Plat of Tamarac", according to the Plat thereof as recorded in Plat Book 98, Page 27 of the Public Records of Broward County, Florida, Less that part taken through Eminent Domain by order of taking filed April 14, 1978 in Official Records Book 7518, Page 779 of the Public Records of Broward County, Florida (Case No. 13L Z-05); providing for conditions of approval. Interim Assistant City Attorney Klahr said Item 8, Temporary Resolution 10685, Item 9, Temporary Resolution 10684 and Item 10, Temporary Resolution 10686 are companion items and could be heard together with separate motions on each item. Interim Assistant City Attorney Klahr read Temporary Resolution 10685, revision #1 by title. Commissioner Partner seconded by Vice Mayor Flansbaum-Talabisco moved approval of Temporary Resolution 10685, Interim Assistant City Attorney Klahr read Temporary Resolution 10684, revision #1 by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval of Temporary Resolution 10684. Interim Assistant City Attorney Klahr read Temporary Resolution 10686 by title. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved approval of Temporary Resolution 10686. Interim Assistant City Attorney Klahr asked the applicant if he wished to waive his quasi-judicial rights and George Platt, Shutts & Bowen, LLP waived his quasi-judicial rights on behalf of the applicant for Items 8, 9 and 10. Community Development Director King gave a presentation. Mayor Schreiber asked if there would be an impact to the Westminster Academy and Community Development Director King said there would not. Commissioner Portner commended Mr. Platt's clients for their foresight and vision in moving to Tamarac. Mr. Platt said they received a wonderful reception from city staff and they look forward to becoming a new corporate citizen in Tamarac. Commissioner Sultanof said he is delighted they are coming to Tamarac and questioned the eminent domain language in the resolution. Community Development Director King responded it is part of the legal description. Commissioner Sultanof confirmed there would be no service work performed on the rental cars. Vice Mayor Flansbaum-Talabisco said it is terrific the company is coming to Tamarac and she hoped they would join the Chamber of Commerce and participate in city events. Mr. Platt said they would. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. Mayor Schreiber thanked Progressive for coming to Tamarac and said he is pleased to hear staff handled them so well. On roll call for Item 8, Temporary Resolution 10685, Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2005-81 April 27, 2005 Page 6 of 8 9. SPECIAL EXCEPTION .---OPERATION OF RENTAL CAR _SERVICE — PROGRESSIVE INSURANCE COMPANY: (TR10684) Motion to approve Resolution granting a Special Exception to allow the operation of a rental car service in a B-3 (General Business District) zoning category to Progressive Insurance Company located at 3710 West Commercial Boulevard, specifically Tract "A" of the "Intercity Auto Plat of Tamarac", according to the Plat thereof as recorded in Plat Book 98, Page 27 of the Public Records of Broward County, Florida, Less that part taken through Eminent Domain by order of taking filed April 14, 1978 in Official Records Book 7518, Page 779 of the Public Records of Broward County, Florida (Case No. 3-Z-05); providing for conditions of approval. On roll call for Item 9, Temporary Resolution 10684, Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes". Motion carried. RESOLUTION NO. R2005-82 10. DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN — PROGRESSIVE INSURANCE WCOMPANY: (TR10686) Motion to approve Resolution issuing Development Order No. 331 and granting Major Revised Site Plan approval for Progressive Insurance Company to allow the demolition of an existing 6,046 square foot building and the construction of a 13,948 square foot building with associated parking, landscaping and infrastructure improvements, located at 3710 West Commercial Boulevard, specifically Tract "A" of the "Intercity Auto Plat of Tamarac", according to the Plat thereof as recorded in Plat Book 98, Page 27 of the Public Records of Broward County, Florida, Less that part taken through Eminent Domain by order of taking filed April 14, 1978 in Official Records Book 7518, Page 779 of the Public Records of Broward County, Florida (Case No. 2-SP-05); providing for conditions of approval. On roll call for Item 10, Temporary Resolution 10686, Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2005-83 11. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN -- UNIVERSITY HOSPITAL MEDICAL OFFICE BUILDING: (TR10687) Motion to approve Resolution issuing Revised Development Order No. 292.3 and granting New Development Site Plan approval for University Hospital Medical Office Building to allow the construction of a two (2) story, 31,170 square foot medical office building with associated parking, landscaping and infrastructure improvements located west of North University Drive, behind the main hospital building, and to the east of NW 80th Avenue, specifically Parcel 3 of the "University Hospital Replat", according to the Plat thereof as recorded in Plat Book 158, Page 46 of the Public Records of Broward County, Florida (Case No. 6-SP-05); providing for conditions of approval. Interim Assistant City Attorney Klahr read Temporary Resolution 10687 by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. Interim Assistant City Attorney Klahr asked the applicants if they wished to waive their quasi-judicial rights and Damon Ricks, Flynn Engineering Services and Jamie Telcher waived their quasi-judicial rights on behalf of the petitioner. Community Development Director King gave a presentation and said the April 27, 2005 Page 7 of 8 applicant spoke with the Woodmont Homeowners Association and staff will work with the applicant on additional landscaping. Commissioner Roberts confirmed that the Woodmont Homeowners Association did have conversations with the applicant and she is glad to see they talked about the median. Mayor Schreiber asked if the building abuts the park and Community Development Director King said the east and west sides of the building are identical, with an entrance on both sides. The Woodmont ESL (park) is on the other side of the canal. Commissioner Portner asked if the building is an adjunct to the hospital and Community Development Director King said while it is on the hospital complex it is separate from the hospital. Commissioner Sultanof added the building will house MRI equipment and technology for every conceivable test that an be made. The building will be owned by a consortium of doctors. Commissioner Roberts added this site is where the proposed ALF was to go. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes Motion carried. RESOLUTION NO. R2005-84 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the meeting at 10:10 a.m. JOE SCHREIBER, MAYOR MARION SWENSON, CMC CITY CLERK 1 April 27, 2005 Page 8 of 8 Regina Skenandore From: Gary B Jones Sent: Wednesday, April 20, 2005 11:55 AM To: Jeff Miller Cc: Mark Woods; Michael Cernech Subject: FW: Mr. Michael Scott Jeff I am very pleased a to be able to share this email with you about one of our code team members and their extraordinary service to one of our residents. I will be happy to respond to the resident as requested our will defer to the City Manager's office should that be your preference. In either case I will share my appreciation of his efforts with Code Officer Scott in the appropriate manner. Gary From: Michael Cox Sent: Wednesday, April 20, 2005 11:07 AM To: Michael Scott; Gary B Jones Subject: FW: Mr. Michael Scott -----Original Message ----- From: ZEEGull@aol.com [mailto:ZEEGull@aol.com] Sent: Wednesday, April 20, 2005 10:49 AM To: Michael Cox Subject: Mr. Michael Scott To whom it may concern My name is Zena Gullapalli and I have been a Tamarac resident since 1976. On many occasions I have had to deal with city employees and it was not always a pleasant endeavor. I would like to express my sincere appreciation to a young man by the name of Michael Scott. His position with our city is with the Code Enforcement Department. As a long time resident I have had my share of encounters with the many code enforcement officers this city has had and all I can say is that I am very glad to see that the quality and professionalism of its personnel has reached the level it should have always been. It was very surprising to me that when I called the code enforcement office for information that I actually spoke to a person who listened to what I was asking and responded in a polite and informative way. To my surprise, this young man, Michael Scott came to my home and spoke with me about my concerns. Several days later Mr. Scott showed up at my front door with several pieces of a well planned out wooden ramp so that I might get my wheelchair and electric scooter in and out of my front door. Due to the fact that I had mentioned how I was not able to afford the contractors estimated cost of building a ramp, this very kind young man took it upon himself to try and help me. He went and bought the building materials, took his personal time to measure and put together a wooden ramp, and if that wasn't enough, he then came out to install it. All of this was done at his expense and personal time. I am simply amazed by his kindness. This goes beyond any job expectation. I am hoping that this man will receive special recognition for being an exceptional city employee as well as an example to the rest of us. It is very rare that people take the time to say thank you and I can only say that as a Tamarac resident I am proud to see the type of person our City is now employing. I would appreciate a response from a city official as to what I can do to publicly thank this very kind young man Sincerely, Zena Gullapalli 4/27/2005