HomeMy WebLinkAbout2001-10-24 - City Commission Regular Meeting Minutes1
CITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY OCTOBER 24, 2001
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:00 a.m. on Wednesday, October 24, 2001, in Chambers, at Tamarac City
Hafl, 7525 NW 88t" 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: Interim Assistant City Manager Maria Swanson, City Attorney
Mitchell S. Kraft, and City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance.
1. PRESENTATION by Mayor Schreiber of Employee Service Awards to Natalie
Adkins, Firefighter 1, 5 years; Sergio Garces, Firefighter 4, 5 years; Michael Regits,
Firefighter 3, 5 years; Sadhana Swaroop, Office Specialist, 5 years; James Terry, EMS
Chief, 5 years; Lynda Flurry, Purchasing & Contracts Manager, 5 years; Antoine
Rabbat, Utility Engineer, 5 years; Lillian Pabon, Records Coordinator, 10 years; Millie
Hammel, Sr. Code Enforcement Officer, 15 years; Anthony Morton, Utility Services
Representative, 15 years; Denise Krapf, Customer Service Representative, 15 years;
Nancy Wilson, Administrative Coordinator, 15 years; Paul Kinney, Driver Engineer 1, 20
years; Rex Van Mehren, Lieutenant 1, 20 years; and Jeffrey Wasylink, Firefighter 1, 20
years.
2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming October 27,
2001 as "Make a Difference Day". Public Information Officer Lucy Crockett accepted
and thanked the many city volunteers.
3. PRESENTATION by Mayor Schreiber of a proclamation proclaiming November
2001 as "National Epilepsy Awareness Month". Public Information Officer Lucy
Crockett accepted.
4. PUBLIC PARTICIPATION: Marc Garr, 9496 S Belfort Circle/7614 NW 99
Terrace, spoke about raises for BSO officers. Burt Schneider, 8016 NW 72 Street,
Tamarac, spoke about the recent elimination of the water restriction surcharge;
suggested publishing a financial report regarding the Turkey Trot and investigating a
new site for the event, and, in the wake of the September 11t" tragedy, seniors living
normal lives in the face of terrorism.
October 24, 2001
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REPORTS
5. City Commission: Commissioner Roberts said over 5,000 tennis balls have
been collected so far and thank you cards will be mailed out. Commissioner Roberts
said in response to Mr. Schneider's comments, figures have been provided regarding
the Turkey Trot and possible relocation of the event is being researched.
Commissioner Portner said he is in agreement with Mr. Schneider's statement that
people should continue living normal lives, and this grievous act will not be wiped from
our memory. Commissioner Portner spoke about the collection he began for
firefighter/police rescuers a few weeks ago in the "brandy snifter" and said if each
resident donates $1.00 toward the fund we can collect $55,000.
Vice Mayor Sultanof spoke about the American Spirit Celebration last Wednesday, with
a turnout of nearly 1,000 people. Vice Mayor Sultanof added that he is proud to be an
American and proud to live in Tamarac. Quoting the late president Franklin Roosevelt,
Vice Mayor Sultanof said "we have nothing to fear but fear itself', and the United States
will not collapse.
Commissioner Mishkin said hearing the news about the terrorist attack reminded her of
the attack on Pearl Harbor, but this situation is more frightening. Commissioner Mishkin
questioned how prepared we are and said the United States should show the world it
means business.
Mayor Schreiber thanked Mr. Schneider for his comments and said a public statement
showing income/expenses regarding the Turkey Trot would be worthwhile. Mayor
Schreiber spoke about the American Spirit program held at the Community Center and
said he is proud of the city and the people who came out for the event, and encouraged
everyone to recognize, participate and attend future programs put on by the city.
6. City Attorney,: City Attorney Kraft had no report.
7. City Manager: Interim Assistant City Manager Swanson had no report.
CONSENT AGENDA
8. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval of
items 8(a) through 8(r) on the consent agenda. On roll call Commissioner Roberts
voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner
Portner "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the October 10, 2001 Regular Commission meeting.
APPROVED
b. MEDICAL AND FIREFIGHTER SUPPLIES: (TR9550) Authorizing the Fire
Rescue Department to purchase medical supplies and firefighting supplies from
Broward County Fire Rescue Division Logistics Warehouse during FY02, in an
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amount not to exceed ninety thousand dollars ($90,000.00); authorizing the
appropriate City Officials to execute a liability waiver for the purchases.
RESOLUTION NO. R2001-297
C. BILL OF SALE ABSOLUTE - WESTPOINT LOOP ROAD: (TR9537) Accepting
a Bill of Sale Absolute from West Pointe Land, L.L.C., for the Water Distribution
and Sewage Collection System Improvements for the Westpoint Loop Road
Project, located in Land Section 7, west of Hiatus Road and north of West
Commercial Boulevard, for City ownership; authorizing and directing the City
Clerk to record said document in the public records of Broward County.
RESOLUTION NO. R2001-298
d. BILL OF SALE ABSOLUTE - TAMARAC RETAIL CENTER: (TR9539)
Accepting a Bill of Sale Absolute from Tamarac Retail Center, L.L.C., for the
Water Distribution System Improvements for the Tamarac Retail Center Project,
located at 2550 West Commercial Boulevard, for City ownership; authorizing and
directing the City Clerk to record said document in the public records of Broward
County.
RESOLUTION NO. R2001-299
e. BILL OF SALE ABSOLUTE - TAMARAC AUTO CARE CENTER: (TR9540)
Accepting a Bill of Sale Absolute from Auto Care Center of Tamarac, L.L.C., for
the Water Distribution System Improvements for the Tamarac Auto Care Center
Project, located at 2530 West Commercial Boulevard, for City ownership;
authorizing and directing the City Clerk to record said document in the public
records of Broward County.
RESOLUTION NO. R2001-300
f. PERFORMANCE BOND RELEASE - TAMARAC RETAIL CENTER: (TR9543)
Releasing a Public Improvement Performance Bond in the form of check #42 in
the amount of $750.00 for the Water Distribution System Improvements installed
by Tamarac Retail Center, L.L.C., for the Tamarac Retail Center Project located
at 2550 West Commercial Boulevard and waive the requirement for the receipt
of a one year Warranty Bond.
RESOLUTION NO. R2001-301
g. PERFORMANCE BOND RELEASE - TAMARAC AUTO CARE CENTER:
(TR9544) Releasing a Public Improvement Performance Bond in the form of
check #49 in the amount of $2,500.00 for the Water Distribution System
Improvements installed by Tamarac Retail Center, L.L.C., for the Tamarac Auto
Care Center Project located at 2530 West Commercial Boulevard and waive the
requirement for the receipt of a one year Warranty Bond.
RESOLUTION NO. R2001-302
h. PERFORMANCE BOND RELEASE - BEDDING BARN: (TR9545) Releasing a
Public Improvement Performance Bond in the form of Check #0153 in the
amount of $1,500.00 for the Water Distribution System Improvements installed
by Bedding Barn, Inc., for the Bedding Barn Project located at 8201 West
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Commercial Boulevard and waive the requirement for the receipt of a one year
warranty bond.
RESOLUTION NO. R2001-303
i. WATER AND SEWER UTILITY EASEMENT - UNIVERSITY HOSPITAL:
(TR9025) Executing a "Tamarac Water and Sewer Utility Easement" with
University Hospital Ltd. d/b/a University Hospital and Medical Center for the
University Hospital and Medical Center Project located at 7201 North University
Drive, to allow legal access by City Utility personnel for installing, maintaining,
and operating the water distribution system; authorizing and directing the City
Clerk to record said document in the pubic records of Broward County.
RESOLUTION NO. R2001-304
j. IBM AS400 SURPLUS: (TR9522) Declaring the IBM AS400 9406-500
Computer System located in the Information Technology Department as surplus
and authorizing the sale of said equipment through a sealed bid process; placing
all proceeds into the general fund.
RESOLUTION NO. R2001-305
k. LAW ENFORCEMENT TRUST FUNDS: (TR9532) Authorizing the Tamarac
Division of the Broward County Sheriffs Office to use Law Enforcement Trust
Fund monies to purchase a Trailer Mounted General Purpose Message Board at
a total cost not to exceed $22,000.00.
RESOLUTION NO. R2001-306
I. MODEL SALES PERMIT - SOUTHGATE VILLAGE PROJECT: (TR9559)
Granting a Model Sales Permit for a six (6) month period for the Southgate
Village Project located at 8700 Southgate Boulevard (Case No. 1-MS-01).
RESOLUTION NO. R2001-307
M. AMENDMENT TO ANNUAL BUDGET FY01: (TR9572) Amending the annual
budget of estimated revenues and expenditures of the general fund and the
capital construction fund for fiscal year 2001.
RESOLUTION NO. R2001-308
n. TAMARAC LEGISLATIVE AGENDA FOR 2002 LEGISLATIVE SESSION:
(TR9570) Approving the City's Legislative Agenda for the 2002 Legislative
Session which outlines the City's position on particular legislative issues.
RESOLUTION NO. R2001-309
o. WAIVER OF RESIDENCY REQUIREMENTS OF SECTION 2-56: (TR9576)
Waiving the residency requirements of Section 2-56 of the Tamarac Code of
Ordinances, allowing Merlie Winnick-Schwartz to continue to serve as an
alternate member of the Insurance Advisory Board for a one-year term expiring
June 27, 2002.
RESOLUTION NO. R2001-310
P. AMENDMENT TO THE CITY OF TAMARAC PERSONNEL MANUAL:
(TR9575) Amending the City's revised Personnel Manual by adopting the Military
Leave Policy.
RESOLUTION NO. R2001-311
q. CONTRACT FOR SCHOOL CROSSING GUARD SERVICES: (TR9579)
Awarding Bid No. 02-03B entitled "School Crossing Guard Services" and
executing a contract with Action Labor of Florida, LLC (aka Staffing Connection)
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for a one (1) year period commencing on November 1, 2001 with the option to
renew for two (2) additional two (2) year periods.
RESOLUTION NO. R2001-312
r. DENTAL INSURANCE PROGRAM RENEWAL: (TR9580) Renewing the city's
dental insurance program with the Prudential Healthcare -South Florida
Insurance Company effective January 1, 2002 with a rate increase of 4%;
providing for the continuation of the existing cost allocation of the dental
insurance premium between the city and employees; approving the appropriate
budgetary transfers of funds.
RESOLUTION NO. R2001-313
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES- FIRST READINGS
9. AMENDING CHAPTER 17 ENTITLED, "PLANNING AND DEVELOPMENT":
(TO1946) Motion to adopt Ordinance on first reading amending Chapter 17 entitled,
"Planning and Development", Article II entitled, "Administration", Division 2 entitled,
"Local Planning Agency" by amending Section 17-36 entitled, "Intent", Section 17-37
entitled, "Designation", and Section 17-38 entitled, "Duties, Responsibilities"; relating to
a change in the title of a legislative act, of the City of Tamarac's Code of Ordinances in
order to be consistent with the most recent statutes of the State of Florida; providing for
codification. City Attorney Kraft read Temporary Ordinance 1946, Revision #2 on first
reading by title. Vice Mayor Sultanof seconded by Commissioner Mishkin moved
approval. On roll call Vice Mayor Sultanof voted "yes", Commissioner Mishkin "yes",
Commissioner Roberts "yes", Commissioner Partner "yes", and Mayor Schreiber "yes".
Motion carried.
APPROVED ON FIRST READING
10. AMENDING CHAPTER 3 - "ALCOHOLIC BEVERAGES": (TO1944) Motion to
adopt Ordinance on first reading amending Chapter 3 entitled, "Alcoholic Beverages",
Section 3-1 entitled, "Consumption on streets or in public places", relating to the
definition for alcoholic beverage, of the City of Tamarac's Code of Ordinances in order
to be consistent with the most recent statutes of the State of Florida; providing for
codification. City Attorney Kraft read Temporary Ordinance 1944, Revision #1 on first
reading by title. Vice Mayor Sultanof seconded by Commissioner Partner moved
approval. On roll call Vice Mayor Sultanof voted "yes", Commissioner Partner "yes",
Commissioner Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes".
Motion carried.
APPROVED ON FIRST READING
11, AMENDING CHAPTER 23 - "VEHICLES FOR HIRE": (TO1943) Motion to
adopt Ordinance on first reading amending Chapter 23 entitled, "Vehicles for Hire",
Section 23-1 entitled, "County ordinance adopted", of the City of Tamarac's Code of
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Ordinances in order to be consistent with the most recent statutes of the State of
Florida and/or ordinances of Broward County; providing for codification. City Attorney
Kraft read Temporary Ordinance 1943, Revision #3 on first reading by title.
Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. On roll call
Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Partner
"yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
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12. AMENDING CHAPTER 18 - "SIGNS AND ADVERTISING": (TO1952) Motion to
adopt Ordinance on first reading amending Chapter 18 entitled, "Signs and
Advertising", Article II entitled, "Signs", Division 4 entitled, "Permanent Signs",
amending Section 18-65(i)(3) entitled, "Window Signs", and Section 18-69(c) entitled,
"Window Signs" to allow neon signs subject to certain standards for window signage as
currently provided in Sections 18-65(i)(1) and 18-69(a); providing for codification. City
Attorney Kraft read Temporary Ordinance 1952, Revision #2 on first reading by title.
Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Vice Mayor
Sultanof asked for clarification of "open" signs, and Commissioner Portner asked for an
explanation of the 5' rule. Community Development Director King gave a presentation
and explained that under the current code exposed neon signs are not allowed within 5'
of the windows, which affects marketability of some businesses. This amendment
would allow some neon signs to be placed in windows, (the total signage, neon and
other, not to exceed 15% of the window space). Commissioner Roberts questioned the
limitation of two colors insofar as some name brand neon signs contain more than two
colors, and Community Development Director King said if a neon sign is a registered
logo and documents are on file, regulation of colors is prohibited. On roll call
Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin
"yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
QUASI-JUDICIAL HEARINGS
13. SPECIAL EXCEPTION - TRAVEL SCHOOL: (TR9556) Motion to approve
Resolution granting a Special Exception to allow the operation of a travel school in a B-
2 (Community Business District) zoning category to The Travel School (Cruises of A.
Lifetime, Inc.) located at 6652 NW 57th Street (Tamarac Shopping Plaza), specifically
Parcel "A" of the "Beliro Business Center" Plat, according to the Plat thereof as
recorded in Plat Book 81, Page 3 of the Public Records of Broward County, Florida;
Case No. 19-Z-01; providing for conditions of approval. City Attorney Kraft read
Temporary Resolution 9556 by title. Commissioner Portner seconded by Vice Mayor
Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures
and Del Dacks, vice president, Cruises of a Lifetime and Jeannine Berg, president,
Cruises of a Lifetime waived their quasi-judicial rights. Community Development
Director King gave a presentation. Vice Mayor Sultanof asked if students would be
taught to be travel agents and if state licensure for the school and graduates is
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required. Ms. Berg responded in the affirmative. Mayor Schreiber opened the public
hearing and with no one wishing to speak, closed the public hearing. On roll call
Commissioner Portner voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin
"yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-314
14. SPECIAL EXCEPTION - NEW CHINA RESTAURANT: (TR9557) Motion to
approve Resolution granting a Special Exception to allow the operation of a restaurant
in a B-2 (Community Business District) zoning category to New China Restaurant
located at 3170 West Commercial Boulevard (Three Lakes Plaza Shopping Center),
specifically Parcel "A" of the "Sartori Plat", according to the Plat thereof as recorded in
Plat Book 113, Page 43 of the public records of Broward County, Florida, Case No. 18-
Z-01; providing for conditions of approval. City Attorney Kraft read Temporary
Resolution 9557 by title. Commissioner Roberts seconded by Vice Mayor Sultanof
moved approval. City Attorney Kraft explained the quasi-judicial procedures and
Mitchell Ceasar, attorney for the petitioner, waived his quasi-judicial rights. Community
Development Director King gave a presentation. Mayor Schreiber asked if there was
any relation to the existing Tamarac New China Restaurant and Mr. Ceasar responded
in the negative. Mayor Schreiber questioned why a special exception is necessary for a
restaurant, and Community Development Director King said this provides for a review of
parking requirements and better control. Vice Mayor Sultanof asked if alcoholic
beverages would eventually be served and Mr. Ceasar responded in the negative. Vice
Mayor Sultanof questioned whether cooking is another reason for a special exception
being required and Community Development Director King responded in the affirmative.
Commissioner Portner asked if the restaurant would be strictly take-out or a
combination of take-out and dine -in, and Community Development Director King said a
floor plan has not yet been submitted. 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. R2001-315
15. LIMITED PARKING WAIVER - LAKESIDE PLAZA SHOPPING CENTER:
(TR9558) Motion to adopt Resolution granting a Limited Parking Waiver of sixty (60)
required parking spaces to Lakeside Plaza Shopping Center for the proposed Bethesda
Sanctuary and Tops Celebrity Salon, located at 5455 North State Road #7; specifically
Lot "A" of the "Lakeside at Tamarac" Plat, according to the Plat thereof as recorded in
Plat Book 115, Page 32 of the public records of Broward County, Florida (Case No. 21-
Z-01); providing for condition of approval. City Attorney Kraft read Temporary
Resolution 9558, Revision #1 by title. Commissioner Roberts seconded by Vice Mayor
Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures
and Stephen R. Warren, vice president, Granados Management Company, waived his _
quasi-judicial rights. Community Development Director King gave a presentation.
Commissioner Roberts said she is concerned about eliminating 60 spaces and asked if
this would affect the shopping center. Community Development Director King said
there appears to be sufficient parking to accommodate the current uses as well as the
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proposed uses. Commissioner Portner questioned the sanctuary and Mr. Warren said
it is a church. Vice Mayor Sultanof asked whether traffic associated with the post office
at the shopping center would cause problems and Mr. Warren responded in the
negative. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72
Street, said Granados Management Co. is an excellent landlord, spoke about
inadequate signage for the traffic flow in the shopping center, and suggested more
signage and BSO enforcement of traffic. With no one else wishing to speak, Mayor
Schreiber closed the public hearing. Mayor Schreiber asked the applicant to work with
staff and install additional signage as a condition of approval. Community Development
Director King said a condition could be required that Mr. Warren meet with Community
Development and Public Works staff to remedy the situation. Vice Mayor Sultanof
questioned whether BSO can issue tickets in parking lots, and City Attorney Kraft said
this a jurisdictional issue, and suggested the Community Development Department
meet with BSO to confirm whether they are invited onto the premises or have a contract
with the property owner. Mr. Warren said arrows were added to the pavement two
years ago, but traffic traveling in the wrong direction is still a problem. Vice Mayor
Sultanof said signs are preferable to stencils on the road, and Commissioner Portner
asked Mr. Warren if he would go beyond compliance with city code, and Mr. Warren
said he has no problem erecting additional signs. Community Development Director
King said conditions of approval would be added to the resolution. Commissioner
Roberts seconded by Vice Mayor Sultanof moved approval of Temporary Resolution
9558, Revision #1, as amended, with the following conditions: The applicant shall be
required to meet with City staff and any additional signage determined to be necessary
shall be installed by the applicant prior to issuance of a certificate of occupancy. On roll
call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner
Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-316
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 10:00 a.m.
MARION SWENSON, CMC
CITY CLERK
JOE SCHREIBER, MAYOR
CITY OF TAMARAC
APPROVED AT MEETING OF
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October 24, 2001
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