HomeMy WebLinkAbout2005-06-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY JUNE 8, 2005
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 7:00 P.M. on Wednesday, June 8, 2005 in Chambers at 7525 NW 88
Avenue, Tamarac, FL 33321.
PRESENT: Mayor Joe Schreiber, Commissioner Marc L. Sultanof and Commissioner
Karen L. Roberts.
ABSENT: Vice Mayor Beth Flansbaum-Talabisco and Commissioner Edward C.
Portner.
ALSO PRESENT: City Manager Jeffrey L. Miller, Interim Assistant City Attorney James
A. Cherof, and City Clerk Marion Swenson.
Commissioner Roberts led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Schreiber, honoring, commending and
thanking Ben Chicofsky for his years of service on the Public Information Committee
and the "Tam -A -Gram". Mayor Schreiber said the proclamation was requested by Vice
Mayor Flansbaum-Talabisco who is unable to be here tonight. Mr. Chicofsky accepted
and thanked the Mayor and Commission, City Manager Miller, Public Information Officer
Crockett and Public Information Coordinator Bridges.
b. Presentation of a proclamation by Mayor Schreiber, proclaiming 2005 as the
133rd celebration of Arbor Day. Public Works Director Strain accepted and said he is
proud Tamarac is a Tree City USA. The city's beautification project is adding more and
more trees which are a great help in shading the Florida sun. Mayor Schreiber spoke
about Tamarac's lack of control over its own trees.
C. Presentation by Public Works Director Strain to Mayor Schreiber, Broward
County Florida Broward Beautiful Beautification Award for Sunset Park, Third Place for
small parks. Mayor Schreiber accepted and said the award says a lot about Tamarac
and the Commission is doing an excellent job.
d. Presentation by Public Works Director Strain to Mayor Schreiber, Broward
County Florida Broward Beautiful Beautification Award for Caporella Park, First Place
for large parks. Public Works Director Strain spoke about the improvements made to
Caporella Park, including the addition of restrooms, pedestrian bridge, and parking.
Mayor Schreiber accepted and said it is a marvelous thing that we took a lifeless area
and created a beautiful park and this also says a lot about our city.
June 8, 2005
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REPORTS
2. City Commission: Mayor Schreiber had no report.
Commissioner Roberts asked everyone to drive carefully as school is out for the
summer and wished Mayor Schreiber a happy birthday.
Commissioner Sultanof spoke about a Tamarac firefighter who gave up a kidney for his
cousin, a fire chief in Miami. Commissioner Sultanof said this is great and speaks well
of us. Commissioner Sultanof wished Mayor Schreiber a happy birthday.
3. City Attorney: Interim Assistant City Attorney Cherof, a partner in the law firm of
Goren,.. Cherof, Ezrol, et al, providing interim legal services to the city, introduced
himself.
4. City Manager: City Manager Miller wished Mayor Schreiber a happy birthday.
City Manager Miller reported that Community Development hosted a public workshop
on June 1st to discuss the 57th Street/Main Street Mixed -Use Zoning District; about 50
interested parties attended and the concept was well accepted. Two additional public
workshops are scheduled for June 9 and 21 from 2:00-4:00 p.m. at the Tamarac
Community Center to gather public input and assist in development in the streetscape
guidelines for 57th Street. City Manager Miller said he has completed his review of the
proposed FY06 budget; it has been sent to the printer and should be available to the
Mayor and Commission by July 1st. Tamarac Fire Rescue hosted the Florida
Department of Health Special Needs Nursing Program on June 7th. Fire Rescue will
also host Firefighter OSHA training at Station 15 on June 28, 29 and 30. The final
twilight concert of the series will be held on Friday, June 10 from 7:00-9:00 p.m. at
Sunset Point Park. Utilities reports the I & I project began on May 31st and includes
Mainlands Sections 8, 9, and 10. At the recommendation of the Broward County Health
Department, the water plant will be conducting a free chlorine flush from June 13-26.
The procedure will not cause adverse health conditions but may affect some medical
procedures and pets, and because of this, dialysis facilities and pet shops have been
notified by certified mail. A public notice will be published on June 9th. The 2004 Water
Quality Report has been mailed to residents.
5. PUBLIC PARTICIPATION: Dr. Marcia Becker, 8258 Cassia Terrace, Tamarac,
spoke about loud neighbors and asked that the criteria by which Tamarac measures
decibel levels be looked into; Broward County has a more specific noise ordinance than
Tamarac. Mayor Schreiber said Tamarac is looking into improving its ordinance to be
more effective, but in the meantime, Dr. Becker should notify Chief Dugger of her
situation. City Manager Miller said he asked the Community Development Department
to work with BSO to tighten up Tamarac's ordinance. Commissioner Sultanof added
until the ordinance is changed, if an officer is dispatched to Dr. Becker's residence, she
must have with her a witness. Commissioner Roberts said in addition to police officers
needing a noise meter one is also needed for code enforcement officers. Our
ordinance, which addresses noise after 11:00 p.m. was created years ago, and
Commissioner Roberts spoke about the affect of noise on people who sleep during the
June 8, 2005
Page 2 of 7
day. Burt Schneider, 8016 NW 72 Street, Tamarac, said he is unhappy with the manner
in which the legal department was dismissed summarily by the commission, and since
the reason given was budgetary, Mr. Schneider asked that a watch is kept on legal
expenses. Mr. Schneider said it is a pleasure working with Public Works Director
Strain; he is professional and a gentleman. Mr. Schneider questioned the reason for
Kathleen Margoles' resignation from the city. Mr. Schneider wished Mayor Schreiber a
happy birthday.
CONSENT AGENDA
6. Commissioner Sultanof seconded by Commissioner Roberts moved to pull Item
6(i), Temporary Resolution 10723, from the consent agenda. On roll call Commissioner
Sultanof voted "yes", Mayor Schreiber "yes", and Commissioner Roberts "yes". Motion
carried.
Commissioner Roberts seconded by Commissioner Sultanof moved approval of all
items on the consent agenda with the exception of 6(i), which was pulled off the
agenda. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", and
Commissioner Sultanof "yes". Motion carried.
a. APPROVE the minutes of the May 25, 2005 Regular City Commission meeting.
APPROVED
b. WATER AND SEWER DEVELOPER'S AGREEMENT -- MAYORS JEWELERS
& MAYORS PLAZA PROJECT: (TR10718) Executing a Water and Sewer Developer's
Agreement with Butters Construction & Development, Inc. & Westpoint Business Park,
Ltd for the Mayors Jewelers & Mayors Plaza Project, located at 5870 & 5850 Hiatus
Road, requiring 12.5 ERC's for water and 10 ERC's for sewer; requiring the payment of
$35,500.00 in CIAC fees; authorizing and directing the City Clerk to record said
agreement in the public records of Broward County.
RESOLUTION NO. R2005-97
G. AGREEMENT RENEWAL — SUN RECYCLING, LLC: (TR10722) Authorizing a
one year renewal of the agreement between the City and Sun Recycling, LLC for the
disposal of city generated construction debris; authorizing the appropriate City officials
to execute an amendment to the agreement which exercises the option to renew for a
fourth one-year period; authorizing an annual expenditure in an amount not to exceed
$40,000.
RESOLUTION NO. R2005-98
d. WATER AND SEWER DEVELOPER'S AGREEMENT — CVS PHARMACY
PROJECT: (TR10714) Executing a Water and Sewer Developer's Agreement with CDI
Development Services, L.L.C., for the CVS Pharmacy Project, located on the south
west corner of Nob Hill Road & McNab Road, requiring 5 ERC's for water and 2.5
ERC's for sewer; requiring the payment of $11,500.00 in CIAC fees; authorizing and
directing the City Clerk to record said agreement in the public records of Broward
County.
RESOLUTION NO. R2005-99
June 8, 2005
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e. SUPPORTING VOTING RIGHTS FOR WASHINGTON D.C. U.S. HOUSE OF
REPRESENTATIVES DELEGATE: (TR10731) Recognizing and fully supporting the
rights of the District of Columbia's elected representative to have full voting rights in the
United States House of Representatives; directing the City Clerk to provide a copy of
this Resolution to the Deputy Director of the National League of Cities.
RESOLUTION NO. R2005-100
f. STATE AGREEMENT FOR MAC MUTUAL AID COMMUNICATIONS UNIT
AND GRANT FOR TOW VEHICLE: (TR10715) Executing a sub -grant agreement for
Florida Domestic Preparedness Strategy with the State of Florida, Department of
Financial Services, Division of State Fire Marshall, to receive a Mutual Aid
Communications (MAC) Trailer and to accept a sub -grant award in an amount not to
exceed $25,000 for the purchase of a tow vehicle for the MAC Trailer.
RESOLUTION NO. R2005-101
g. DIESEL FUEL PURCHASE: (TR10724) Purchasing diesel fuel from BV Oil
Company, Inc. and Port Consolidated, Inc. utilizing Coral Springs Co-op Contract #05-
A-120F; authorizing total annual expenses for the purchase of diesel not to exceed
$100, 000.
RESOLUTION NO. R2005-102
h. INTERLOCAL AGREEMENT FOR INSPECTION SERVICES: (TR10734)
Executing the Interlocal Agreement between the City of Pembroke Pines and the City of
Tamarac for inspection services to be performed by the City of Pembroke Pines
Building Services Division in the event there is a staff shortage at a rate of fifty-seven
dollars and fifty-four cents ($57.54) per hour for building code inspector.
RESOLUTION NO. R2005-103
i. WATER AND SEWER DEVELOPER'S AGREEMENT — WASHINGTON
MUTUAL PLAZA PROJECT: (TR10723) Executing a Water and Sewer Developer's
Agreement with Boca Warehousing, Inc., for the Washington Mutual Plaza Project,
located at 5900 University Drive, requiring 20 ERC's for water and 17.5 ERC's for
sewer; requiring the payment of $59,500.00 in CIAC fees; authorizing and directing the
City Clerk to record said agreement in the public records of Broward County.
PULLED FROM AGENDA
j. EXECUTION OF STIPULATED FINAL JUDGMENT AS TO RESPONDENT
DAN INC. PROFIT SHARING TRUST: (TR10730) Authorizing execution of a
Stipulated Final Judgment as to Respondent Dan, Inc. Profit Sharing Trust, providing for
a cost of $21,500 for purchase of land inclusive of attorney's fees and costs and any
and all claims, but exclusive of reasonable expert witness fees and costs, if any.
RESOLUTION NO. R2005-104
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES — FIRST READINGS
7. AMENDING CHAPTER 2 OF THE TAMARAC CODE — INVESTMENT
ADVISORY COMMITTEE: (T02088) Motion to adopt Ordinance on first reading
amending Chapter 2, entitled "Administration", Article III, "Boards, Committees,
Commissions" Section 2-159, "Meetings", of the City Code, changing the Investment
June 8, 2005
Page 4 of 7
Advisory Committee meeting from monthly meetings to quarterly meetings; providing for
codification. Commissioner Sultanof seconded by Commissioner Roberts moved to
remove Temporary Ordinance 2088 from the agenda. On roll call Commissioner
Roberts voted "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion
carried.
Commissioner Roberts seconded by Commissioner Sultanof moved to Table Item No,
10, Temporary Resolution 10646 to the June 22, 2005 regular City Commission meeting
at or after 9:00 a.m. On roll call Commissioner Sultanof voted "yes", Mayor Schreiber
"yes", and Commissioner Roberts "yes". Motion carried.
Commissioner Sultanof seconded by Commissioner Roberts moved to Table Item No.
11, Temporary Resolution 10719 to the June 22, 2005 regular City Commission meeting
at or after 9:00 a.m. On roll call Mayor Schreiber voted "yes", Commissioner Roberts
"yes", and Commissioner Sultanof "yes". Motion carried.
8. AMENDING CHAPTER 16 OF THE TAMARAC CODE — PENSION AND
RETIREMENT: (T02087) Motion to adopt ordinance on first reading amending the
City of Tamarac Code of Ordinances by specifically amending Part II, Chapter 16,
Pension and Retirement, Article II. Declaration of Trust, Division 2. Board of Trustees,
Section 16-56. Members to delete the appointment of a member of the board by the
finance director and replacing that position with an elected member; amending Article
III. Pension Plan, Division 1. Definitions, Section 16-126. General employee to provide
for the exclusion of administrative, managerial/professional and executive positions from
the definition of general employee; amending Article III. Pension Plan, Division 3.
Credited service, Section 16-191. Participation to provide the option for certain
employees to participate in a new defined benefit pension plan; Section 16-198, Refund
of Contributions to provide for a refund of contributions to participants who transfer to
new plan; providing for codification. Interim Assistant City Attorney Cher of read
Temporary Ordinance 2087 on first reading by title. Commissioner Sultanof seconded
by Commissioner Roberts moved approval. On roll call Mayor Schreiber voted "yes",
Commissioner Roberts "yes", and Commissioner Sultanof "yes". Motion carried.
APPROVED ON FIRST READING JUNE 8, 2005
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PLAN AND TRUST FUND FOR ELECTED AND APPOINTED OFFICIALS,
EXECUTIVE, MANAGERIAL/PROFESSIONAL AND NON -REPRESENTED
ADMINISTRATIVE EMPLOYEES: (T02086) Motion to adopt ordinance on first
reading amending Chapter 16, of the Code of the City of Tamarac enacting a new
Article IX, creating a pension plan and trust fund for elected and appointed officials,
executive, managerial/professional, and non -represented administrative employees;
providing for codification. Interim Assistant City Attorney Cherof read Temporary
Ordinance 2086, Revision #1 on first reading by title. Commissioner Roberts seconded
by Commissioner Sultanof moved approval. On roll call Commissioner Roberts voted
"yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING JUNE 8, 2005
June 8, 2005
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PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
10. DELEGATION REQUEST TO AMEND NOTE ON "WESTPOINT SECTION 7
PLAT" — COMMUNITY CHRISTIAN CHURCH: (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, 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 22, 2005 REGULAR CITY COMMISSION MEETING AT OR
AFTER 9:00 A.M.
11. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN —
COMMUNITY CHRISTIAN CHURCH: (TR10719) Motion to approve Resolution issuing
Revised Development Order No. 315,14 and granting New Development Site Plan
approval to Community Christian Church to allow the construction of Phase I comprising
a 54,567 square foot sanctuary with associated multi -purpose activity areas, associated
parking, landscaping and infrastructure improvements, as well as a Conceptual Master
Site Plan for future growth and a Phasing Plan indicating anticipated stages of the total
campus construction, located at the northwest corner of Nob Hill Road and Commercial
Boulevard, specifically a parcel of land being a portion of Tract "D" of the "Westpoint
Section 7 Plat", according to the Plat thereof as recorded in Plat Book 162, page 23 of
the Public Records of Broward County, Florida (Case No. 3-SP-05); providing for
conditions of approval.
TABLED TO THE JUNE 22, 2005 REGULAR CITY COMMISSION MEETING AT OR
AFTER 9:00 A.M.
12. DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN — KOREAN
UNITED METHODIST CHURCH: (TR10721) Motion to approve Resolution issuing
Development Order No. 332 and granting Major Revised Site Plan approval for Korean
United Methodist Church to allow the construction of a 16,692 square foot, two-story,
free standing building annex to the existing building, along with a parking waiver to
reduce the amount of required parking from 233 spaces to 189 spaces (44 space
waiver) and to reduce the size of 56 of the 189 spaces from 10' x 18' to 9' x 18', located
at the southwest corner of Commercial Boulevard and Prospect Road (4905-4915 West
Prospect Road), specifically Parcel "S" of the "Tamarac Lakes South" Plat, according to
the Plat thereof as recorded in Plat Book 62, page 24 of the Public Records of Broward
County, Florida, less the north 175 feet thereof (Case No. 39-SP-04); providing for
conditions of approval. Interim Assistant City Attorney Cherof explained the quasi-
judicial procedures and Marcelo Vergara, Lean Construction, Inc., waived his quasi-
judicial rights on behalf of the petitioner. Interim City Attorney Cherof read Temporary
Resolution 10721 by title. Commissioner Sultanof seconded by Commissioner Roberts
June 8, 2005
Page 6 of 7
moved approval. Community Development Director King gave a presentation.
Commissioner Sultanof asked if the parking spots on the grass would be defined with
striping and Community Development Director King said there would be wheel stops, no
stripes. Commissioner Sultanof asked if Tamarac's ordinance allows for parking on the
grass and questioned the maintenance of the grass. Community Development Director
King replied Tamarac code allows the church to have a percentage of parking on the
grass and the parking spots will be stabilized. Mayor Schreiber opened the public
hearing and with no one wishing to speak, closed the public hearing. On roll call
Commissioner Roberts voted "yes", Commissioner Sultanof "yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R2005-105
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 7:40 p.m.
MARION SWE SON, CIVIC
CITY CLERK
1
June 8, 2005
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r E SCHREIBER, MAYOR