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
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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
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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
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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
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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
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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
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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
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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
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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.
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Regular City Commission Meeting
November 8, 2000
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