HomeMy WebLinkAbout2000-11-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, NOVEMBER 22, 2000
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to
order at 9:00 a.m. on Wednesday, November 22, 2000 in Chambers at Tamarac City Hall,
7525 NW 88th Avenue, Tamarac, FL 33321.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts (arrived at 9:30 a.m.),
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. PUBLIC PARTICIPATION: There was no public participation.
:7 =1 lit :i
2. City Commission: Commissioner Partner wished everyone a happy Thanksgiving,
and reminded everyone of the Turkey Trot on Thanksgiving Day.
Commissioner Sultanof spoke about the election and said this is democracy at work.
Commissioner Sultanof spoke about recounts in the 1800's and in the Kennedy/Nixon race.
Commissioner Mishkin wished everyone a happy holiday.
Mayor Schreiber said he attended the installation of new County Commission. The County
now has nine Commissioners; three represent the City of Tamarac. Mayor Schreiber
wished everyone a healthy and happy Thanksgiving.
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: City Manager Miller reported that the next City Commission meeting
would be held on December 13, 2000 at 7:00 p.m. in Satellite City Hall in east Tamarac,
and the December 27, 2000 City Commission meeting is cancelled due to the holiday. City
Manager Miller said on November 20th BSO started a Traffic Crash Initiative throughout the
County. The Tamarac Fire Department completed the smoke detector installation program
at the Bermuda Club Condominium, and if anyone is interested in participating in this
program, they should contact the Tamarac Fire Department. The Tamarac Fire Department
distributed food baskets to needy residents in Tamarac. City employees and local
businesses donated the foods. Additionally, the Fire Department will sponsor a toy drive
Regular City Commission Meeting
November 22, 2000
Minutes
1
beginning next week, and they will accept new unwrapped toys to distribute before
Christmas. Parks and Recreation reports that the Recreation Center on University Drive will
be open at 1:00 p.m. for registration, and the Tamarac Community Center will now open at
8:30 in the morning; the fitness center opens at 6:30 a.m. for early birds. The Parks and
Recreation Department's Turkey Trot will take place on Thursday, November 23rd, and
anyone interested in participating can sign up at the Community Center through 9:00 p.m.
tonight, or in the morning before the race begins. The following events will take place at the
Tamarac Community Center: the Holiday Lunch and Fashion Show on December 1st,
(tickets are $15.00) the City of Tamarac Holiday Lighting Ceremony on December 7th at
6:00 p.m., and the Children's Holiday Breakfast (tickets are available at a cost of $5.00.)
CONSENT AGENDA
5. Commissioner Sultanof seconded by Commissioner Mishkin moved approval of all
items on the consent agenda. On roll call Commissioner Sultanof voted "yes",
Commissioner Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes".
Motion carried.
a. APPROVE the minutes of November 8, 2000 Commission meeting.
APPROVED
b. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT - CITY FURNITURE
PROJECT: (TR9182) Accepting and executing a Blanket Public Safety
Ingress/Egress Easement with Advance Business Associates, L.L.P. for the City
Furniture Project located on the west side of Hiatus Road just south of McNab Road
to provide proper access to the property for municipal services such as utility, canal,
fire and police protection, emergency and other public safety services; authorizing
and directing the City Clerk to record said document in the public records of Broward
County.
RESOLUTION NO. R2000-308
c. WATER AND SEWER UTILITY EASEMENT - CITY FURNITURE PROJECT:
(TR9183) Accepting and executing a Tamarac Water and Sewer Utility Easement
with Advance Business Associates, L.L.P. for the City Furniture Project located on
the west side of Hiatus Road just south of McNab Road to allow legal access by City
Utility Personnel for installing, maintaining, and operating the Water Distribution and
Sewage Collection Systems; authorizing and directing the City Clerk to record said
document in the public records of Broward County.
RESOLUTION NO. R2000-309
d. TAMARAC PUBLIC UTILITY EASEMENT - CITY FURNITURE PROJECT:
(TR9184) Executing a Public Utility Easement with Advance Business Associates,
L.L.P. for the City Furniture Project located on the west side of Hiatus Road just
south of McNab Road; authorizing and directing the City Clerk to record said
document in the public records of Broward County.
RESOLUTION NO. R2000-310
e. WATER AND SEWER DEVELOPER'S AGREEMENT - AUTOZONE PROJECT:
Regular City Commission Meeting
November 22, 2000
Minutes
2
(TR9188) Accepting and executing a Water.and Sewer Developer's Agreement with
AutoZone, Inc. for the AutoZone Project located on the east side of University Drive
between McNab Road and NW 64th Street for one non-residential water and sewer
building connection, one irrigation connection and one dumpster connection requiring
5 ERC's for water and 3.5 ERC's for sewer, requiring the payment of $13,300.00 in
CIAC fees; authorizing and directing the City Clerk to record said agreement in the
public records of Broward County.
RESOLUTION NO. R2000-311
f. GROUNDS MAINTENANCE CONTRACT AWARD: (TR9162) Approving the award
of Bid No. 00-24B to Prestige Property Management and Maintenance, Inc., for
grounds maintenance and landscaping services; authorizing the appropriate City
Officials to execute an agreement with Prestige Property Management and
Maintenance, Inc.; authorizing an annual expenditure in an amount not to exceed
$443,279.
RESOLUTION NO. R2000-312
g. PURCHASE OF EMERGENCY RESCUE VEHICLE: (TR9193) Authorizing the
purchase of one rescue vehicle from Aero Products Corporation based on the Miami -
Dade County Bid #5472-4/01-2 for Emergency Medical Care Vehicles at a total cost
not to exceed $133,481 through a lease purchase plan.
RESOLUTION NO. R2000-313
h. UPGRADE OF AS400: (TR8997) Authorizing the upgrade of the City's Computer
System to an IBM AS400 9406-820 Computer System and purchase of an IBM
AS400 9406-270 Computer System from Midrange Support and Service, Inc., for an
amount not to exceed $140,426.56, utilizing State of Florida Contract # 250-050-97-
1.
RESOLUTION NO. R2000-314
i. RFP 00-25R TAMARAC PARKS OPEN SPACE RECREATION AND SOCIAL
SERVICES MASTER PLAN: (TR9194) Awarding RFP 00-25R entitled Tamarac
Parks, Open Space, Recreation and Social Services Master Plan to Glatting,
Jackson, Kercher, Anglin, Lopez and Rinehart, Inc.; authorizing the appropriate City
Officials to execute an agreement for RFP 00-25R for an amount not to exceed
$79,585; approving all necessary budget transfers.
RESOLUTION NO. R2000-315
j. EMPLOYEE SOCIAL EVENTS PROGRAM: (TR9208) Authorizing the
establishment of an Employee Social Events Program at a cost not to exceed
$20,000; authorizing all appropriate budgetary transfers.
RESOLUTION NO. R2000-316
k. DONATION TO THE BROWARD PUBLIC LIBRARY FOUNDATION'S ANNUAL
FUNDRAISER, LITERACY FEST 2001: (TR9210) Authorizing a donation to the
Broward Public Library Foundation's Annual Fundraiser, Literacy Fest 2001;
authorizing the appropriate budgetary transfer of funds.
RESOLUTION NO. R2000-317
Regular City Commission Meeting
November 22, 2000
Minutes
3
I. CONVEYANCE OF REAL PROPERTY FOR CONSTRUCTION OF PUBLIC
LIBRARY: (TR9211) Authorizing the appropriate City Officials to execute an
Agreement between Broward County and the City of Tamarac for the conveyance of
approximately 2.53 acres of real property for the construction of a Broward County
public library to be located on the north side of Commercial Boulevard, east of Pine
Island Road; specifically a portion of Lots, 11, 12, 13 and 14, Block 8 of the "Lyons
Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book
69, Page 42 of the Public Records of Broward County, Florida.
RESOLUTION NO. R2000-318
M. RESIDENTIAL FLOODING PROBLEMS: (TR9186) Authorizing procedures to be
established to address resident complaints regarding flooding problems on their
driveways due to resurfacing of the streets; authorizing appropriate City Officials to
take appropriate actions consistent with the procedures.
RESOLUTION NO. R2000-319
END OF CONSENT AGENDA
REGULAR AGENDA
6. REVISING THE CITY COMMISSION VOTING SEQUENCE: (TR9179) Amending
Resolution No. R-97-303, revising Section 2, Paragraph 9.2 of the Rules of Procedure of
the City Commission, revising the City Commission Voting Sequence. City Attorney Kraft
read Section 3.4 of Resolution R97-303: "These Rules of Procedure shall not be altered
except by a majority vote of the Commission at a regular meeting. The proposition to make
an amendment shall be in the form of a resolution which shall be submitted and read to the
Commission at a meeting preceding the one at which it is acted upon. These Rules of
Procedure may be suspended, when appropriate, by a majority vote of the Commission."
City Attorney Kraft said Temporary Resolution 9179 could be read by title at this meeting
and acted upon at the following Commission meeting, but no vote will be taken today. City
Attorney Kraft read Temporary Resolution 9179, Revision #1, by title. Commissioner
Portner seconded by Commissioner Mishkin moved approval. Mayor Schreiber said the
Mayor customarily has the last vote, which is commonplace throughout Broward County.
Mayor Schreiber said this Resolution will change the voting sequence, and he is opposed to
this Resolution. Commissioner Portner seconded by Commissioner Mishkin moved to table
Temporary Resolution 9179 to the December 13, 2000 Regular City Commission meeting at
or after 7:00 p.m. On roll call Commissioner Portner voted "yes", Commissioner Mishkin
"yes", Commissioner Sultanof `yes", and Mayor Schreiber "yes". Motion carried.
TABLED AT THE NOVEMBER 22, 2000 REGULAR CITY COMMISSION MEETING TO
DECEMBER 13, 2000 AT OR AFTER 7:00 P.M.
7. APPOINTING A REPRESENTATIVE TO METROPOLITAN PLANNING
ORGANIZATION: (TR9212) Appointing Commissioner Marc L. Sultanof as the City's
representative to the Metropolitan Planning Organization; directing the City Clerk to send a
copy of this resolution to the Metropolitan Planning Organization. City Attorney Kraft read
Regular City Commission Meeting
November 22, 2000
Minutes
4
Temporary Resolution 9212 by title. • Commissioner Sultanof seconded by Commissioner
Portner moved approval. Commissioner Mishkin seconded by Commissioner Portner
nominated Commissioner Sultanof for appointment to the MPO. Commissioner Mishkin
seconded by Commissioner Sultanof moved approval of Temporary Resolution 9212, as
amended, appointing Commissioner Marc L. Sultanof as the City's representative to the
Metropolitan Planning Organization. On roll call Commissioner Mishkin voted "yes",
Commissioner Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2000-320
ORDINANCE - SECOND READING
8. AMENDING CHAPTER 2 OF TAMARAC CODE, SECTION 2-156
ADMINISTRATION, ARTICLE III. (TO1916) Motion to adopt Ordinance on second
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 on second reading by title.
Commissioner Sultanof 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 Commissioner Sultanof voted "yes", Commissioner Portner "yes",
Commissioner Mishkin "no", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2000-32
QUASI-JUDICIAL HEARINGS
9. PROPOSED CHANGE TO DEVELOPMENT ORDER FOR WESTPOINT
DEVELOPMENT OF REGIONAL IMPACT (DRI): (TO1914) Motion to adopt Ordinance on
second 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, on second reading by title. Commissioner Sultanof seconded by
Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial
proceedings, and Susan Motley, Esq. of Ruden, McClosky, et al., waived her quasi-judicial
rights on behalf of the applicant. Community Development Director King gave a presentation.
Commissioner Portner asked if this would be completed by the year 2005, and Ms. Motley said
Regular City Commission Meeting
November 22, 2000
Minutes
5
there is interest in the Park and it appears that it will be finished by 2005. Mayor Schreiber
opened the public hearing and with no one wishing to speak, closed the public hearing. On roll
call Commissioner Sultanof voted "yes", Commissioner Portner "yes", Commissioner Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2000-33
10. REVISED DEVELOPMENT ORDER NO. 232.1 AND NEW DEVELOPMENT SITE
PLAN APPROVAL - AUTOZONE: (TR9190) Motion to approve Resolution issuing Revised
Development Order No. 232.1 and granting New Development Site Plan approval to
AutoZone to allow the construction of a 7,560 square foot retail auto parts store with
associated parking, landscaping and infrastructure improvements, located at University
Drive between McNab Road and NW 64 Street; specifically Parcel "A" of the "Regina
Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 141, Page 23 of the
Public Records of Broward County, Florida; Case No. 11-SP-99; providing for conditions of
approval. City Attorney Kraft read Temporary Resolution 9190 by title. Commissioner
Sultanof seconded by Commissioner Portner moved approval. City Attorney Kraft
explained the quasi-judicial proceedings and Angel C. Saqui, F.A.I.A., Architect, waived his
quasi-judicial rights on behalf of the applicant. Community Development Director King gave
a presentation. Mayor Schreiber asked the size of the parcel and Commissioner Portner
asked what type of business AutoZone is, and Mr. Saqui responded. Commissioner
Sultanof asked for a stipulation that no repairs of any kind are to be allowed on the
premises. Commissioner Portner asked what hours the business would be open, and Mr.
Saqui said not later than 9:00 p.m. Mayor Schreiber opened the public hearing and with no
one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted
"yes", Commissioner Portner "yes", Commissioner Mishkin `yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R2000-321
11. SPECIAL EXCEPTION - PROFESSIONAL DRY CLEANERS: (TR9196) Motion to
approve Resolution granting a Special Exception to allow Professional Dry Cleaners to
operate a dry cleaning business in a B-2 (Community Business District) zoning category,
located at 4245 West Commercial Boulevard (Sunshine Plaza), specifically a portion of
Tracts 7 and 8 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as
recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida; Case
No. 14-Z-00; providing for conditions of approval. City Attorney Kraft read Temporary
Resolution 9196 by title. Commissioner Sultanof seconded by Commissioner Portner
moved approval. City Attorney Kraft explained the quasi-judicial proceedings and Sandra
Arrowsmith of Ramco Gershenson, Inc. waived her quasi-judicial rights on behalf of the
applicant. Community Development Director King gave a presentation. Mayor Schreiber
asked if there is a plant on the premises and Jack Chauhan, owner of Professional Dry
Cleaners responded. Mayor Schreiber expressed concern about chemicals getting into the
aquifer, and Community Development Director King responded. Commissioner Sultanof
asked if the store is properly ventilated, and Commissioner Partner asked if the EPA was
involved when the store was established. Mr. Chauhan said there is no contamination.
Regular City Commission Meeting
November 22, 2000
Minutes
6
1
Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the
public hearing.
Commissioner Partner explained that Vice Mayor Roberts had a family matter to take care
of that kept her from the meeting. On roll call Commissioner Sultanof voted "yes",
Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2000-322
12, SPECIAL EXCEPTION - SINAI MEMORIAL CHAPELS INC.: (TR9189) Motion to
approve Resolution granting a Special Exception to allow Sinai Memorial Chapels, Inc. to
provide chapel (funeral) services in a B-2 (Community Business District) zoning category,
located at 7689 NW 57 Street (Midway Plaza); specifically a portion of Parcel "A" of the
"Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 of
the Public Records of Broward County, Florida; Case No. 13-Z-00; providing for conditions
of approval. City Attorney Kraft read Temporary Resolution 9189 by title.
Vice Mayor Roberts arrived at 9:30 a.m.
Commissioner Sultanof disclosed that he spoke with the applicant. Commissioner Portner
disclosed that he had a conversation with Ms. Motley and Mr. Fishman prior to the meeting.
Vice Mayor Roberts disclosed that she met with Ms. Motley and Mr. Fishman.
Commissioner Mishkin said he did not speak with Ms. Motley. Mayor Schreiber said Ms.
Motley and Mr. Fishman came to see the Commissioners to explain what they are
attempting to put into this location.
City Attorney Kraft said now that the Mayor and Commissioners have made their
disclosures, they must make their decision based on the evidence and merits as presented
at this meeting.
Commissioner Mishkin seconded by Commissioner Sultanof moved approval. City Attorney
Kraft explained the quasi-judicial proceedings, and Susan Motley, Esq., of Ruden,
McClosky, et al., waived her quasi-judicial rights on behalf of the applicant. Steve Fishman
of Sinai Memorial Chapels waived his quasi-judicial rights. Community Development
Director King gave a presentation, and said because the Planning Board recommended
denial the Commission must have a super majority vote to approve this item.
Commissioner Sultanof asked Mr. Fishman to speak to the landlord about enclosing and
locking the dumpsters. Community Development Director King said arrangements have
been made with Code Enforcement to inspect the dumpsters. Vice Mayor Roberts
expressed her concern about the dumpsters to Community Development Director King.
Mayor Schreiber opened the public hearing. Rabbi Larry Shuval, 8135 W McNab Road,
Weinstein Funeral Chapel, expressed his concerns about a funeral chapel in a shopping
center, bio-hazardous waste, and traffic and parking problems. Ms. Motley responded and
explained the logistics of the chapel to the shopping center, and said there would be no
more than 50 people in the chapel at one time for each service. Wally Coghlin, 4806 NW
Regular City Commission Meeting
November 22, 2000
Minutes
7
49 Court, Tamarac, spoke about parking, and Ms. Motley said there is sufficient parking.
With no one else wishing to speak, Mayor Schreiber closed the public hearing.
Vice Mayor Roberts asked how long the bodies would be stored at the facility, and Mr.
Fishman said about one hour. Community Development Director King said under
conditions of approval in the Resolution, there is a stipulation that human remains be
present only during services. Commissioner Portner asked about contamination, and Rabbi
Shuval responded. Mr. Fishman said there would be no bio-hazardous waste.
Commissioner Mishkin said he frequents this shopping center and has found that 40% -
50% of the interior parking spaces are vacant. On roll call Commissioner Mishkin voted
"yes", Commissioner Sultanof "yes", Commissioner Partner "yes", Vice Mayor Roberts
"yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2000-323
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 9:50 a.m.
MARION 8WENSON, CMC
CITY CLERK
CITYOF TA1VLAIRAC
APPROVED AT MEETING OF
�3 a-oo v
Regular City Commission Meeting
November 22, 2000
Minutes
1
1