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HomeMy WebLinkAbout2000-11-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, NOVEMBER 8, 2000 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order on Wednesday, November 8, 2000 at 7:00 P.M. in Chambers, at Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Larry Mishkin, and Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft and City Clerk Marion Swenson. Mayor Schreiber called for the pledge of allegiance. 1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming November 2000 as National Epilepsy Awareness Month, and Jerry Pizza accepted. Commissioner Mishkin asked for a moment of silence in memory of Stan Bernard who passed away last week. 2. PRESENTATION by Bob Roberts of the United Way, recognizing the City of Tamarac for its contribution during the 1999 campaign. 3. PUBLIC PARTICIPATION: Ben Chicofsky, Chairperson to the Public Information Committee, spoke about appointing Gladys Kupfer as a regular member of the Public Information Committee rather than an Alternate Member. Burton Schneider, 8016 NW 72 Street spoke about traffic conditions on McNab Road and University Drive between 5:00 — 6:00 p.m. on Friday evenings, caused by congestion at the drive-in window to the bank. Vice Mayor Roberts said the drive-in window operation of the bank is going to be moved across the street. Mr. Schneider spoke about the November 7th election, and the fact that the Tamarac referendum question did not appear in the booklet Jane Carroll's office mailed out before the election. Mr. Schneider spoke about Florida Power and Light Company deducting property taxes from the franchise fee. City Attorney Kraft said the matter has undergone intensive research by City staff. Commissioner Portner said the City would look into this matter in depth. REPORTS 4. City Commission: Vice Mayor Roberts invited everyone to the Veterans Day Parade and services at Veterans Park on Saturday, November 11th. Vice Mayor Roberts asked that anyone who was turned away from the polls because they could not verify with Jane Carroll's office, to please call her. Regular City Commission Meeting November 8, 2000 1 Commissioner Portner reiterated Vice Mayor Roberts' report, and said he is also taking names of those who had trouble voting. Commissioner Portner thanked the people of Tamarac for approving the Charter Amendment, and said he takes personal pride in congratulating Stacy Ritter on her reelection. Commissioner Sultanof conveyed personal thanks to Tammy Reed -Holguin, who attended the Forum on Literacy. Commissioner Sultanof said he hoped to have a Forum on Literacy put together for the City of Tamarac, and has already contacted the Broward Teachers Union. Commissioner Mishkin commended City Manager Miller and Purchasing/Contracts Manager Flurry on refurbishing the conference room. Commissioner Mishkin noted that IT Director Sucuoglu appeared in the Sun Sentinel. Mayor Schreiber had no report. 5. City Attorney: City Attorney Kraft welcomed Commissioner Mishkin back. 6. City Manager: City Manager Miller said he was pleased at the outcome of the Charter change referendum question. The Fire Department's smoke detector program is doing well, and all residential areas east of 64th avenue have participated in the program. The program, funded by CDBG funds, is moving forward into the western areas of Tamarac. Fire Rescue is collecting food items for the Thanksgiving food drive. On Thursday, October 20th, a destructive attack from a computer virus wiped out one year's worth of e-mail. but thanks to IT Director Sucuoglu and the IT Department Staff, the files have been restored. City Manager Miller congratulated Parks and Recreation Director Margoles and the Parks and Recreation Staff on hosting Tamarac Days, which was very successful, and the Halloween event attended by 400 people. The Veterans Day Parade will begin at 9:00 a.m. on Saturday, November 11th, and the Parade will proceed from City Hall north on Pine Island and then east on Southgate. After the parade there will be a service at Veterans Park. CONSENT AGENDA Vice Mayor Roberts seconded by Commissioner Sultanof moved to add Temporary Resolution 9209 to the consent agenda as Item 7(m). On roll call, Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. 7. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval of all items on the Consent Agenda. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Regular City Commission Meeting November 8, 2000 2 a. APPROVE the minutes of the October 25, 2000 Commission meeting. APPROVED b. RENEWAL OF THE CITY'S HEALTH INSURANCE PROGRAM: (TR9191) Approving the renewal of Health Insurance Coverage with HIP effective January 1, 2001, with a rate increase of 8% HMO and 15% POS/PPO; providing for the continuation of the existing cost allocation of the health insurance premium between the City and employees; approving the appropriate budgetary transfers of funds. RESOLUTION NO. R2000-286 C. RENEWAL OF THE CITY'S DENTAL INSURANCE PROGRAM: (TR9177) Approving the renewal of the City's Dental Insurance Program with the Prudential Healthcare -South Florida Insurance Company effective January 1, 2001 with a rate increase of 3%; 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. R2000-287 d. RENEWAL OF METROPOLITAN INSURANCE PREMIUM: (TR9187) Approving the renewal of Basic Life Insurance and Accidental Death & Dismemberment Coverage with Metropolitan Life Insurance Company at the present rate the City pays for Basic Life Insurance and Accidental Death & Dismemberment Insurance Coverage effective December 1, 2000; providing for a change in Policy Plan Design and Plan Year; providing for the continuation of the existing cost allocation of the Basic Life Insurance and Accidental Death & Dismemberment Insurance Premium between the City and Employees; approving the appropriate budgetary transfers of funds. RESOLUTION NO. R2000-288 e. RENEWAL OF LONG-TERM DISABILITY INSURANCE COVERAGE: (TR9178) Approving the renewal of Long -Term Disability Insurance coverage with UNUM at the present rate the City pays for insurance coverage for employees in the Appointed, Executive, Managerial/Professional and Administrative categories who participate in the City's 401(a) Retirement Plan effective January 1, 2001; providing for the continuation of the existing cost allocation of the Long -Term Disability Insurance Premium between the City and employees; approving the appropriate budgetary transfers of funds. RESOLUTION NO. R2000-289 f. AGREEMENT FOR JANITORAL SERVICES FOR TAMARAC COMMUNITY CENTER: (TR9180) Authorizing the appropriate City officials to extend the Agreement with Cleaning Systems, Inc, for janitorial services for the Tamarac Community Center in an additional amount not to exceed $28,050.00; approving funding from the appropriate Parks and Recreation Account. RESOLUTION NO. R2000-290 g. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT — NYCH PARTNERS, LTD.: (TR9145) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with NYCH Partners, Ltd. for landscaping and/or structures placed in a utility easement at the Walgreens Project located on the northwest corner of Commercial Boulevard and Pine Island Road. RESOLUTION NO. R2000-291 Regular City Commission Meeting November 8, 2000 3 h. WATER AND SEWER DEVELOPER'S AGREEMENT WITH BUTTERS CONSTRUCTION FOR THE CULLIGAN WATER COMPANY PROJECT: (TR9170) Accepting and executing a First Amendment to the Water and Sewer Developer's Agreement with Butters Construction for the Culligan Water Company Project located on the east side of Hiatus Road south of NW 67th Street, revising Part V Section C and establishing a new billing format; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2000-292 i. ASSIGNMENT, ACCEPTANCE AND ACKNOWLEDGEMENT - ALAZHAR SCHOOL: (TR9103) Approving an Assignment of the Water and Sewer Developer's Agreement with First Union National Bank for the Atlantic National Bank of Florida (Alazhar School) Project to Alazhar School; approving an Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by Alazhar School; approving an Acknowledgement of Agreement and Consent to Assignment between First Union National Bank and Alazhar School for the Atlantic National Bank of Florida (Alazhar School Project) located at 7201 West McNab Road 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. R2000-293 j. CO-OP PURCHASING - FUEL: (TR9166) Approving the purchase of gasoline from Amerada Hess Corporation and MacMillan Oil Company of Florida, Inc. utilizing Broward County Co -Op Contract #D2-00-042-B2; approving the purchase of diesel fuel from Diversified Oil Company utilizing Broward County Co -Op Contract #D-11- 97-12-21; authorizing total annual expenses for the purchase of gasoline and diesel not to exceed $225,000. RESOLUTION NO. R2000-294 k. HELENA CHEMICAL HERBICIDES CONTRACT RENEWAL: (TR9174) Renewing Bid #98-25B for the purchase of Aquatic, Ornamental and Turf Herbicides from Helena Chemical Company in an amount not to exceed $60,000. RESOLUTION NO. R2000-295 I. MEALS ON WHEELS: (TR9154) Executing a Site Agreement between the City of Tamarac and The Human Services Network, Inc., d/b/a Broward Meals on Wheels for use of a meeting room in the Tamarac Community Center, located at 8601 West Commercial Boulevard, Tamarac, for the congregate nutrition program sponsored by Broward Meals on Wheels. RESOLUTION NO. R2000-296 M. PROPOSAL FOR SETTLEMENT AND OFFER OF JUDGMENT TO OFFER SETTLEMENT IN THE UNITED UNDERGROUND CONTRACTOR CORP. LAWSUIT: Authorizing the City Attorney to file a proposal for settlement and offer of judgment to offer settlement in the United Underground Contractor Corp. lawsuit for the amount of $16,500.00 and to take all necessary actions for the settlement of this lawsuit. RESOLUTION NO. R2000-297 END OF CONSENT AGENDA Regular City Commission Meeting November 8, 2000 4 REGULAR AGENDA ' PUBLIC HEARING — 7:00 PM OR THEREAFTER 8. LOCAL LAW ENFORCEMENT BLOCK GRANT: (TR9201) Motion to approve Resolution accepting the 2000 Grant Award from the Department of Justice, Bureau of Justice Assistance, under the Local Law Enforcement Block Grant Program in the amount of $20,771 from the Bureau of Justice Assistance; authorizing a match of $2,308 in cash from the Grants Matching Account for a total project of cost of $23,079; amending the Grants Fund Budget. City Attorney Kraft read Temporary Resolution 9201 by title. Vice Mayor Roberts seconded by Commissioner Portner moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call, Vice Mayor Roberts voted "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", Commissioner Sultanof `yes", and Mayor Schreiber'yes". Motion carried. RESOLUTION NO. R2000-298 ORDINANCE — FIRST READING BY TITLE 9. AMENDING CHAPTER 2 OF TAMARAC CODE, SECTION _ 2-156 ADMINISTRATION, ARTICLE III: (TO1916) Motion to adopt Ordinance on first reading amending Chapter 2 of the Tamarac Code entitled Administration, Article III. Boards, Committees, Commissions, Division 5. Investment Advisory Committee, Section 2-156. Creation increasing the number of members from five (5) to seven (7); providing for codification. City Attorney Kraft read Temporary Ordinance 1916 by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. On roll call Commissioner Sultanof voted "yes", Commissioner Portner "yes", Commissioner Mishkin "no", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING BY TITLE QUASI-JUDICIAL HEARINGS 10. PROPOSED CHANGE TO DEVELOPMENT ORDER FOR WESTPOINT DEVELOPMENT OF REGIONAL IMPACT (DR[): (TO1914) Motion to adopt Ordinance on first reading, Amending the Development Order for the Westpoint Development of Regional Impact (DRI) generally located in Section 7, Township 49 south, range 41 east and approved by Ordinance No. 0-89-44 adopted December 21, 1989, and thereafter amended by Ordinance No. 0-94-20 adopted November 9, 1994, and thereafter amended by Resolution No. R-2000-06 adopted July 12, 2000, by extending the buildout date from December 30, 1999 to December 29, 2005 and reducing the amount of approved Commercial and Industrial uses for the property; reaffirming Ordinance No. 0-89-44 as amended by Ordinance No. 0-94-20 as amended by Resolution No. R-2000-06 except as amended herein; providing for recordation in accordance with Section 380.06(15)(f) Florida Statutes. City Attorney Kraft read Temporary Ordinance 1914, Revision #1, by title. Commissioner Mishkin seconded by Vice Mayor Roberts moved approval. City Attorney Kraft explained the quasi-judicial proceedings and Susan Motley, Esq., of Ruden, McClosky, Regular City Commission Meeting November 8, 2000 5 et al., waived her quasi-judicial rights on behalf of Westpoint DRI. Community Development Director King gave a presentation. Commissioner Portner said he would like to see progress regarding the hotel, and Ms. Motley said hotel users follow development and there will be renewed interest by hotel users as the park develops. Commissioner Sultanof asked about the setback, and Community Development Director King responded. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Mishkin voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING BY TITLE 11. REVISED DEVELOPMENT ORDER NO. 141.2 AND NEW DEVELOPMENT SITE PLAN APPROVAL TO T & H ACQUISITIONS, LLC: (TR9153) Motion to approve Resolution issuing Revised Development Order No. 141.2 and granting New Development Site Plan approval to T & H Acquisitions, LLC to allow the construction of an 8,000 square foot, single -story building with associated parking, landscaping and infrastructure improvements, located at the southeast corner of McNab Road and Brookwood Boulevard, specifically all of Lot 1, less the north 2 feet thereof, and the west 75 feet of Lot 2, Block 248, less the north 2 feet thereof, of the "Mainlands of Tamarac Lakes Unit Fifteen" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 3 of the Public Records of Broward County, Florida; Case No. 23-SP-00; providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9153, Revision #1, by title. Commissioner Mishkin seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial proceedings and Bill Scott, Pre -Construction Administrator and Authorized Agent for T&H Acquisitions waived his quasi-judicial rights on behalf of T&H Acquisitions. Community Development Director King gave a presentation. Commissioner Portner asked if the 6' wall would act as an effective sound barrier. Mr. Scott said it is in accordance with the City Code, and Community Development Director King said the wall, building and landscaping combined would provide a sound barrier. Vice Mayor Roberts asked about the office hours and the size of the trees that would be planted. Mr. Scott responded. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-299 12. AMENDING THE RESTRICTIVE NOTE ON THE FAGERSTROM PLAT: (TR9173) Motion to approve Resolution approving a delegation request to amend the restrictive note on the "Fagerstrom Plat" from 3,960 square feet of commercial use (no restaurants) to 12,500 square feet of commercial use (no restaurants) and to remove the de minimis note, specifically Tract "A" of the "Fagerstrom Plat" according to the Plat thereof as recorded in Plat Book 164, Page 46 of the Public Records of Broward County, Florida; located at the north side of Commercial Boulevard, west of University Drive; Case No. 8-P-00. City Attorney Kraft read Temporary Resolution 9173, Revision #1, by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-judicial proceedings and Elizabeth Pulice waived her quasi-judicial Regular City Commission Meeting November 8, 2000 6 rights on behalf of the applicant. Community Development Director King gave a presentation. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call, Commissioner Portner voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", Vice Mayor Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2000-300 13. SPECIAL EXCEPTION - RACE TRAC GAS STATION: (TR9034) Motion to approve resolution denying the Special Exception to allow the operation of a Gas Station with a Convenience Store as an accessory use in a B-2 (Community Business District) zoning category to RaceTrac Gas Station, located at the east side of University Drive, north of Brookwood Boulevard; Specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; Case No. 9-Z-99. City Attorney Kraft read Temporary Resolution 9034 by title. Vice Mayor Roberts seconded by Commissioner Sultanof moved to discuss Temporary Resolution 9034. City Attorney Kraft read Item 14, Temporary Resolution 9032 by title. Commissioner Portner seconded by Commissioner Sultanof moved to discuss Item 14, Temporary Resolution 9032. Mayor Schreiber called for a recess at 8:05 p.m. The Regular City Commission meeting reconvened at 8:10 p.m. with all present. City Attorney Kraft explained the quasi-judicial procedures. City Clerk Swenson swore in the witnesses. James Waldman, Attorney for RaceTrac Petroleum waived his quasi-judicial rights on behalf of the applicant. City Attorney Kraft confirmed that Mr. Waldman waived his rights to cross-examine the witnesses. City Attorney Kraft asked if there were any ex-parte disclosures, and Mayor Schreiber said he inadvertently signed a petition and would like to remove his name from the petition and vote on the matter based only on the merits as presented. Mr. Waldman said he would allow Mayor Schreiber to remove his name from the petition. (City Clerk Swenson made a note on the exhibit.) Community Development Director King gave a presentation and introduced Henry Iler, Consultant and Planner. Mr. Iler gave a presentation on compatibility, appropriateness of the use, intensive traffic created by a gas station, and lighting. Vice Mayor Roberts asked if there were any crime statistics on the number of thefts associated with RaceTrac Gas Stations, and Mr. Iler said he had no statistics. Community Development Director King introduced Joaquin Vargas, Traffic Engineer with Miller Consulting Services. Mr. Vargas gave a presentation on concurrency. Community Development Director King summarized the City's position and recommended denial of the applicant's request. Mr. Waldman spoke about uses allowed on the site without a special exception, and said the use was approved by Broward County and Florida Department of Transportation subject to a right turn lane added to lessen traffic into the property. Regular City Commission Meeting November 8, 2000 7 Mayor Schreiber called for a recess at 9:00 p.m. Commissioner Mishkin left the meeting at 9:00 p.m. The regular meeting of the City Commission reconvened at 9:10 p.m. with all present except Commissioner Mishkin, who was excused for cause. Mr. Waldman referred to statements in the petition and said there is a rare occurrence of contamination and very small risk of explosion. Mr. Waldman said the petitioner would work with the City on the appearance of the gas station. Mayor Schreiber opened the public hearing. Pastor Lenworth McLean, 7550 N University Drive, spoke about the petition and concern about social impact and environmental problems. Burton Schneider, 8016 NW 72 Street, President of Woodmont Homeowners Property Association spoke about traffic, and asked if a special exception be required if there was no convenience store associated with the application. Community Development Director King responded. Mr. Schneider spoke about the safety of pedestrians in the area and vandalism of a gas station on 44th street and Pine Island Road. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Nancy Stroud, Esq., of Weiss, Sorota, et al., spoke on behalf of the City. Ms. Stroud discussed special exceptions and reviewed testimony from planners, staff and the consultants, and said based on the testimony, the request for Special Exception and Site Plan should be denied. Mr. Waldman spoke about concurrency, drainage, lighting and safety and said the gas station would bring in tax money in excess of three million dollars. Vice Mayor Roberts asked about installing a traffic light at the elementary school on University Drive, and Mr. Waldman said he would work with the City. Commissioner Portner asked why the design of this RaceTrac Station was changed, and Mr. Waldman said it was at the request of City staff. Mayor Schreiber expressed concern that the large numbers of fueling stations at the RaceTrac Station may drive other stations out of business. Commissioner Sultanof said he is concerned about safety, and said the right turn into the gas station might pose a problem. Commissioner Portner seconded by Vice Mayor Roberts moved to approve Temporary Resolution No. 9034 thereby denying the application for a special exception, based on the Planning Board's recommendation, the report of the Director of Community Development, and the evidence we have heard in today's hearing, because the application does not meet the standards of the City Code and it is adverse to the public interest. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried to deny the Special Exception. RESOLUTION NO. R2000-301 14. NEW DEVELOPMENT SITE PLAN — RACE TRAC GAS STATION: (TR9032) Motion to approve resolution denying New Development Site Plan Approval to RaceTrac Gas Station for the construction of a 3,952 square foot gas station with a convenience store with fuel islands and associated parking, located at the east side of University Drive, north of Brookwood Boulevard; specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according Regular City Commission Meeting November 8, 2000 8 f] to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; Case No. 29-SP-99, Vice Mayor Roberts seconded by Commissioner Sultanof moved to approve Temporary Resolution No. 9032 thereby denying the application for site plan approval, based on the previous denial of the special exception application. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried to deny the New Development Site Plan Approval. RESOLUTION NO. R2000-302 END OF QUASI-JUDICIAL HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular meeting of the City Commission at 9:45 p.m. MARiQ ,SWE SON, CMC ��ITY ,JERK +r i. (),Ct SCHREIBER, MAYOR CITY OF TC APPROVED AT MEETING OF yy C Regular City Commission Meeting November 8, 2000 01 1 1 1