Loading...
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 Page 1 of 7 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 Page 3 of 7 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 zfil: KeZ�7�]=!'1«]:lcy�l.LH�J� 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 Page 5 of 7 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 Page 7 of 7 r E SCHREIBER, MAYOR