HomeMy WebLinkAbout2001-05-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, MAY 23, 2001
CALL TO ORDER: Mayor Schreiber called the Regular meeting of the City Commission to
order at 9:00 a.m. on Wednesday, May 23, 2001, in Chambers at Tamarac City Hall, 7525 NW
88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C.
Portner, Commissioner Gertrude Mishkin, and Commissioner Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and Assistant
City Clerk Tom Schneider.
Mayor Schreiber called for the pledge of allegiance.
1. PRESENTATION of a proclamation by Mayor Schreiber, proclaiming May 30, 2001 as
Challenge Day 2001. Director of Parks and Recreation Kathleen Margoles accepted.
2. PRESENTATION of a proclamation by Mayor Schreiber, proclaiming Saturday, June 2,
2001 as Harriet Cohen Day. Vice Mayor Sultanof accepted on behalf of Harriet Cohen.
3. PRESENTATION of a proclamation by Mayor Schreiber, proclaiming the week of June
25, 2001 as Code Enforcement Officers Appreciation Week. Code Enforcement Manager
Cindy Diemer and Code Enforcement Officers Ulises Acuna, Millie Hammel, Joseph Scimeca,
and Scott Slovis accepted.
4. PRESENTATION of a proclamation by Mayor Schreiber, proclaiming May 23-30, 2001
as Mrs. Florida International Week. Audrey Seeber, Mrs. Florida International, accepted.
5. PUBLIC PARTICIPATION: Marvin Seidel, 9645 N Belfort, Tamarac, spoke about bulk
pickup, transfer of cardiac cases from University Hospital, speeding on Nob Hill Road and Pine
Island Drive, use of cell phones while driving, sixty-two units on Westwood Drive, a fire station
on the west side, and postal facilities in Tamarac. Mayor Schreiber said the 62 units are
pending and the city does not have control over traffic. Robert Franklin, 4970 E. Sabal Palm
Blvd., Tamarac, vice president of Tamarac President's Council, asked the Commission to
investigate residents receiving numerous telephone calls every day with no one on the line
when the calls are answered. City Manager Miller said he would discuss this issue with Bell
South and AT&T and report back to the Commission. Bruce Hoffman, 8021 NW 92d Terrace,
Tamarac, and Joel Sandberg, 8207 NW 93rd Avenue, Tamarac, spoke in opposition to
construction of sidewalks in the interior of their community. Irving Chase, 9405 NW 81" Court,
Tamarac, spoke in favor of sidewalks at NW 81" Street and Nab Hill Road. Mayor Schreiber
said the proposed sidewalks are funded by a federal grant, and the purpose of the project is to
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Regular City Commission Meeting Minutes
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fill in gaps in existing sidewalks. Mayor Schreiber noted that the FDOT Sidewalk Project
would be discussed at the end of the regular agenda in Room #105.
6. City Commission: Commissioner Roberts congratulated Vice Mayor Sultanof and
Mrs. Sultanof on their 581h wedding anniversary and congratulated Commissioner Portner on
recently receiving a diploma.
Commissioner Portner wished Vice Mayor Sultanof a happy 581h anniversary and thanked
Commissioner Roberts for recognizing his graduation from high school.
Vice Mayor Sultanof thanked the Commissioners for their anniversary wishes and said this
Commission has tried its best to make sure every citizen of the city enjoys the welfare and
safety of living in Tamarac. The Commission's decisions are made in the best interest of all
the people of Tamarac, and said the FDOT Sidewalk Project should be looked at in the proper
context of what the Commission is trying to do.
Commissioner Mishkin expressed good wishes to Vice Mayor Sultanof and his wife on their
anniversary.
Mayor Schreiber congratulated Vice Mayor and Mrs. Sultanof on their anniversary. Mayor
Schreiber said Tamarac is dong things that are being recognized by other cities, such as
holding Commission meetings outside of City Hall. The City of Sunrise is now holding
meetings in their various communities. Tamarac is setting the pace for better government.
Mayor Schreiber said it is nice to read that Tamarac is the third largest city in Broward County
with a population of over 85 years of age.
7. City Attorney: City Attorney Kraft had no report.
8. City Manager: City Manager Miller said this year's Memorial Day ceremony will be
held at Veterans Park on May 281h at 10 a.m. The Florida Government Finance Officers
Association held its annual meeting in Ft. Lauderdale, May 14-16, and Finance Department
staff attended. Investment Accountant Leanne Williams was appointed to the FGOA
Legislative Committee and elected as secretary for the local chapter. Firefighter/Paramedic
Chris Dixon was selected as paramedic of the year for the state of Florida, the second year in
a row that a Tamarac firefighter has been so recognized. Parks and Recreation Director
Kathleen Margoles served as a panelist for the recent second annual Elder Leadership
Institute presented by the State of Florida Department of Elder Affairs; Tamarac is the only
Elder Ready City in Broward County. The Parks and Recreation Department recently held a
Mother's Day fashion show and a mother and son dance. The Personnel Department
presented the city's fourth annual health and education fair for city employees on May 18'h at
the Community Center, with approximately 150 employees in attendance. City Manager Miller
called Director of Utilities Raymond Gagnon to the podium to make an announcement from the
EPA. Director of Utilities Gagnon said notice was just received that the City of Tamarac's
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1999 Consumer Confidence Report has won the EPA award for best in Region 4, which is
from North Carolina to Alabama. Director of Utilities Gagnon said the Utilities Department
employees have outdone themselves again.
CONSENT AGENDA
9. Commissioner Roberts seconded by Vice Mayor Sultanof moved removal of Item 9(o)
from the consent agenda to be voted on separately. On roll call Commissioner Roberts voted
"yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin "yes",
and Mayor Schreiber "yes". Motion carried.
Commissioner Portner seconded by Commissioner Roberts moved approval of all items on the
consent agenda, except for Item 9(o), which was removed from the consent agenda to be
voted on separately. On roll call Commissioner Portner voted "yes", Commissioner Roberts
"yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes".
Motion carried.
a. APPROVE the minutes of the May 9, 2001 Commission meeting.
APPROVED
b. AMENDING TERMS OF EMPLOYMENT - CITY MANAGER JEFFREY L. MILLER:
(TR9402) Amending terms of employment of City Manager Jeffrey L. Miller, as set forth
in Resolution No. R-99-226.
RESOLUTION NO. R2001-123
C. APPOINTING LEGISLATIVE AIDE: (TR9399) Appointing Hubert S. Klombers as
Legislative Aide to Vice Mayor Marc L. Sultanof.
RESOLUTION NO. R2001-124
d. AMENDMENT TO AGREEMENT - BEFORE/AFTER SCHOOL CHILDCARE
SERVICES: (TR9370) Executing an amendment to the agreement between the City of
Tamarac and After School Programs, Inc., for providing professional childcare services
in the Before/After School, Winter and Spring Break and Kid's Days Off Programs,
exercising the option to renew for the 2001 /2002 school year.
RESOLUTION NO. R2001-125
e. GRANT - RECORDS MANAGEMENT: (TR9396) Executing an agreement between the
City and Florida Department of State Division of Library and Information Services in the
amount of $3,700.00 for records management; authorizing a City match in the amount
of $3,700.00 from the Grants Matching Account.
RESOLUTION NO. R2001-126
f. WATER AND SEWER DEVELOPER'S AGREEMENT - WENDY'S OLD FASHIONED
HAMBURGERS: (TR9375) Accepting and executing a Water and Sewer Developer's
Agreement with Wendy's of Northeast Florida, Inc. and NYCH Partners, Ltd., for the
Wendy's Old Fashioned Hamburgers Project, located on the north side of Commercial
Boulevard between Pine Island Road and NW 91 st Avenue for two non-residential
water and sewer building connections requiring 7.5 ERC's for water and 6.0 ERC's for
sewer; requiring the payment of $21,300.00 in CIAC fees; authorizing and directing the
City Clerk to record said agreement in the public records of Broward County.
RESOLUTION NO. R2001-127
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g. ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT OF AGREEMENT AND
CONSENT TO ASSIGNMENT AND ACKNOWLEDGEMENT OF AGREEMENT AND
CONSENT TO ASSIGNMENT - MCNAB NORTH PLAZA: (TR9376) Approving an
Assignment of the Water and Sewer Developer's Agreement with Noranda Devco Joint
Venture, a Florida General Partnership, for the McNab Plaza North Project to Tamarac
L.L.C., a Florida Limited Liability Company; approving an Acceptance and
Acknowledgement of Agreement and Consent to Assignment executed by Tamarac
L.L.C., a Florida Limited Liability Company; approving an Acknowledgement of
Agreement and Consent to Assignment between Noranda Devco Joint Venture, a
Florida General Partnership, and Tamarac L.L.C., a Florida Limited Liability Company
for McNab Plaza North project located on the east side of University Drive between
McNab Road and NW 72nd Street; and authorizing the appropriate City officials to
execute said acknowledgement; authorizing and directing the City Clerk to record said
documents in the public records of Broward County.
RESOLUTION NO. R2001-128
h. WATER AND SEWER DEVELOPER'S AGREEMENT - THIRD AMENDMENT -
MCNAB PLAZA NORTH: (TR9381) Accepting and executing a Third Amendment to
the Water and Sewer Developer's Agreement with Tamarac, L.L.C., for the McNab
Plaza North Project located on the east side of University Drive between McNab Road
and NW 72nd Street, adding one non-residential water service connection and
establishing additional contribution charges in the amount of $8,000.00; authorizing and
directing the City Clerk to record said agreement in the public records of Broward
County.
RESOLUTION NO. R2001-129
i. WATER AND SEWER UTILITY EASEMENT - CONVERGYS PROJECT: (TR9382)
Accepting and executing a "Tamarac Water and Sewer Utility Easement" with
Westpoint Building No. 1, L.L.C., for the Convergys Project, located at 5601 Hiatus
Road, to allow legal access by City utility personnel for installing, maintaining, and
operating the water distribution and sewage collection systems; authorizing and
directing the City Clerk to record said agreement in the public records of Broward
County.
RESOLUTION NO. R2001-130
j. PUBLIC UTILITY EASEMENT - CONVERGYS PROJECT: (TR9383) Executing a
Public Utility Easement with Westpoint Building No. 1, L.L.C., for the Convergys Project
located at 5601 Hiatus Road; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2001-131
k. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — CONVERGYS
PROJECT: (TR9384) Accepting and executing a Blanket Public Safety Ingress/Egress
Easement with Westpoint Building No. 1, L.L.C., for the Convergys Project, located at
5601 Hiatus Road, to provide proper access to the property for municipal services such
as utility, canal, fire and police protection, emergency and other public safety services;
authorizing and directing the City Clerk to record said document in the public records of
Broward County.
RESOLUTION NO. R2001-132
May 23, 2001
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I. WATER AND SEWER DEVELOPER'S AGREEMENT - FIRST AMENDMENT - T & H
OFFICE BUILDING PROJECT: (TR9385) Accepting and executing a First Amendment
to the Water and Sewer Developer's Agreement with T & H Acquisitions, L.L.C., for the
T & H Office Building Project located on the southeast corner of McNab Road and
Brookwood Boulevard, changing the irrigation meter size and establishing additional
contribution charges in the amount of $2,100.00; authorizing the City Clerk to record
said agreement in the public records of Broward County.
RESOLUTION NO. R2001-133
M. BID AWARD - DUAL MEDIA GRAVITY FILTERS 1 AND 2 REHABILITATION:
(TR9386) Awarding Bid No. 01-13B to, and executing a contract with, the lowest
responsive and responsible bidder, R.J. Sullivan Corporation for an amount of
$211,000.00 for construction of the Dual Media Gravity Filters 1 and 2 Rehabilitation
Project, located at Tamarac Utilities West Treatment Plant Site; approving funding for
this project through an appropriation from Retained Earnings; authorizing the
appropriate City Officials to administer the contract.
RESOLUTION NO. R2001-134
n. BID AWARD - ZAMBELLI FIREWORKS: (TR9398) Awarding Bid #01-12b entitled
"Fireworks & Laser Light Show" to Zambelli Fireworks Manufacturing Company, Inc.;
authorizing the appropriate City Officials to execute an agreement for Bid #01-12b for
an amount not to exceed $25,000 for the 2001 Fourth of July fireworks show; approving
all necessary budget transfers.
RESOLUTION NO. R2001-135
o. REMETERING AGREEMENT WITH EQUITY RESIDENTIAL PROPERTIES
MANAGEMENT CORP.: (TR9394) Accepting and executing a Remetering Agreement
with Equity Residential Properties Management Corp., for the Westwood Pines
Apartments to allow remetering of water service for the purpose of allocation of the
direct cost of water and sewer service among multiple users subject to the terms of the
applicable developer's agreement and in accordance with City Code Section 22-30,
"Limitations of Use".
REMOVED FROM CONSENT AGENDA TO BE VOTED ON AS A SEPARATE ITEM
P. SOLID WASTE FRANCHISE COMPLIANCE REVIEW: (TR9395) Receiving the Solid
Waste Franchise Compliance Review of Waste Management, Inc. prepared April 27,
2001, and accepting a negotiated settlement in the amount of $20,000 in final payment
for monies due the City of Tamarac.
RESOLUTION NO. R2001-136
q. POSTAL ZIP CODE: (TR9397) Requesting the Postmaster General provide for
municipal identity of Tamarac by the elimination of the default designation of Fort
Lauderdale; to provide that mail sent to Tamarac zip codes be designated as Tamarac
and not Fort Lauderdale, Florida; and clarify to all that Tamarac is a City in its own right;
directing the City Clerk to forward a copy of this resolution to the Postmaster General
and Congressman Robert Wexler.
RESOLUTION NO. R2001-137
9o. REMETERING AGREEMENT WITH EQUITY RESIDENTIAL PROPERTIES
MANAGEMENT CORP.: (TR9394) Accepting and executing a Remetering Agreement
with Equity Residential Properties Management Corp., for the Westwood Pines
May 23, 2001
Regular City Commission Meeting Minutes
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Apartments to allow remetering of water service for the purpose of allocation of the
direct cost of water and sewer service among multiple users subject to the terms of the
applicable developer's agreement and in accordance with City Code Section 22-30,
"Limitations of Use". Commissioner Portner seconded by Vice Mayor Sultanof moved
approval. On roll call Commissioner Portner voted "yes", Vice Mayor Sultanof "yes",
Commissioner Mishkin "yes", Commissioner Roberts "no", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2001-138
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCE - SECOND READING
10. DISASTER RELIEF FUNDING AGREEMENTS: (TO1925) Motion to adopt Ordinance
on second reading creating Section 2-5 "Disaster Relief Funding Agreements" of the City
Code, authorizing the City Manager to execute disaster relief funding agreements and
documentation necessary to secure federal and state emergency funding for costs incurred by
the City of Tamarac as a result of any catastrophic emergency. City Attorney Kraft read
Temporary Ordinance 1925 on second reading by title. Vice Mayor Sultanof seconded by
Commissioner Roberts moved approval. Mayor Schreiber opened the public hearing and with
no one wishing to speak closed the public hearing. On roll call Vice Mayor Sultanof voted
"yes", Commissioner Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes",
and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2001-09
ASI-JUDICIAL HEARING
11. REVISED DEVELOPMENT ORDER NO. 224.2 AND NEW DEVELOPMENT SITE
PLAN APPROVAL - SOUTHGATE VILLAGE: (TR9344) Issuing Revised Development Order
No. 224.2 and granting New Development Site Plan approval to Southgate Village to allow the
construction of eighty-eight (88) townhouse 'units with associated parking, landscaping and
infrastructure improvements, located at 8700 Southgate Boulevard, specifically Parcel "A" of
the "Woodmont Gardens" Plat, according to the Plat thereof as recorded in Plat Book 135,
Page 38 of the Public Records of Broward County, Florida; Case No. 3-SP-00; providing for
conditions of approval. City Attorney Kraft read Temporary Resolution 9344 by title.
Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft
explained the quasi-judicial proceedings, and Alan L. Gabriel, Esq., applicant, waived his
quasi-judicial rights. Planning and Zoning Manager David Ofstein gave a presentation. Vice
Mayor Sultanof asked if any dramatic change would occur in the layout because of the
reduction in number of units from the originally planned 94 units. Mr. Gabriel said the plan will
be similar to the original, but with some units removed. Commissioner Roberts asked if the
units will be larger since there are fewer than originally planned, and if the price will remain in
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Regular City Commission Meeting Minutes
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an affordable range. Mayor Schreiber asked about the exterior, fire barriers, and square -
footage. Commissioner Portner asked why the project did not begin initially with 88 units. Mr.
Gabriel said the unit size will stay the same although the number has decreased, priced in the
$120,000-$140,000 range, will have a block exterior, range in size from 1,400 square feet for a
2-bedroom unit to 1,600 square feet for a 3-bedroom unit, and more units were actually
desired at the beginning of the project. Mayor Schreiber opened the public hearing and with
no one wishing to speak closed the public hearing. On roll call Commissioner Roberts voted
"yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin "yes",
and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-139
END OF QUASI-JUDICIAL HEARING
Mayor Schreiber called a recess at 9:50 a.m. Mayor Schreiber reconvened the regular
Commission meeting at 10:00 a.m. in Room 105, City Hall, with everyone present as before.
12. FDOT SIDEWALK PROGRAM: Director of Public Works Raj Verma gave a
presentation. Discussion was held on eliminating compensation for landscaping of a nuisance
nature, the Commission serving the needs of the people of the city, providing sidewalks with a
minimum hardship on property owners and the city compensating for expenses incurred,
potential removal of sight and sound barriers, and opting to not construct sidewalks in a
certain community, with the possibility that the community will be desirous of sidewalks several
years down the road. Joel Sandberg, 8207 NW 931d Avenue, Tamarac, Bruce Hoffman, 8021
NW 92"d Terrace, Tamarac, and Wayne Lombardi, 8119 NW 93' Avenue, spoke in opposition
to sidewalks being constructed in the interior of their community. Further discussion was held
regarding the safety and welfare provided by sidewalks for children and disabled pedestrians,
public right-of-way and its use, and possible compensation for property owners having to
move their irrigation systems. Mayor Schreiber said a decision needs to be made whether to
proceed with the proposed sidewalks on NW 103d Avenue, NW 93d Avenue, NW 96" Avenue,
NW 81" Street, and Southgate Boulevard.
Commissioner Roberts seconded by Commissioner Portner moved disapproval of sidewalk
construction on NW 103' Avenue as proposed in the FDOT ISTEA Project. On roll call
Commissioner Roberts voted "yes", Commissioner Portner "yes", Commissioner Mishkin "yes",
Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
Commissioner Roberts seconded by Commissioner Portner moved approval of sidewalk
construction on NW 93`d Avenue as proposed in the FDOT ISTEA Project. On roll call
Commissioner Roberts voted "yes", Commissioner Partner "yes", Commissioner Mishkin "no",
Vice Mayor Sultanof "no", and Mayor Schreiber "no". Motion failed.
Commissioner Portner seconded by Commissioner Mishkin moved approval of sidewalk
construction on NW 96" Avenue as proposed in the FDOT ISTEA Project. On roll call
Commissioner Portner voted "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "no". Motion carried.
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Commissioner Partner seconded by Vice Mayor Sultanof moved approval of sidewalk
construction on NW 81" Street as proposed in the FDOT ISTEA Project. On roll call
Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
Commissioner Portner seconded by Vice Mayor Sultanof moved approval of sidewalk
construction on Southgate Boulevard. as proposed in the FDOT ISTEA Project. On roll call
Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
City Manager Miller outlined other matters regarding the project requiring decisions by the
Commission. Commissioner Mishkin seconded by Vice Mayor Sultanof moved approval of
retaining the services of a surveyor and authorizing the City Manager or his designee to
manage this project, to negotiate with the property owners regarding sprinkler systems and
landscaping, and to provide advance notification to property owners. On roll call
Commissioner Mishkin voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
Commissioner Roberts seconded by Vice Mayor Sultanof moved disapproval of sidewalk
construction on Woodlands Boulevard, north of Commercial Boulevard, as proposed in the
FDOT ISTEA Project. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof
"yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes".
Motion carried.
Commissioner Roberts seconded by Vice Mayor Sultanof moved to approve changing the
sidewalk construction on NW 761h Street as proposed in the FDOT ISTEA Project from the
north side of the street to the south side of the street. On roll call Commissioner Roberts
voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
Commissioner Roberts seconded by Vice Mayor Sultanof moved to approve adding segments
missing from the proposed sidewalk construction in the FDOT ISTEA Project on the east side
of NW 94th Avenue from NW 57th Street to Commercial Boulevard, and on NW 57th Street. On
roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner
"yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
There being no further business
adjourned the meeting at 10:50 a.m
30-�- L4-t��
TOM SCHNEIDER
to come before the City Commission, Mayor Schreiber
l- �__�.
JOE StHREIBER, MAYOR c�
CITYOFTAMARAC
ASSISTANT CITY CLERK APMOUAT MONG OF
May 23, 2001 18, 2041
Regular City Commission Meeting Minutes
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