HomeMy WebLinkAbout2001-11-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY NOVEMBER 14, 2001
CALL TO ORDER: Mayor Schreiber called the regular City Commission meeting to order at
7:00 p.m. on Wednesday, November 14, 2001, in Chambers, at Tamarac City Hall, 7525 NW
88 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: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk
Marion Swenson.
Mayor Schreiber called for the pledge of allegiance and a moment of silence in memory of
Helen Sobel.
1. PRESENTATION by Mayor Schreiber of a proclamation thanking University Hospital for
providing flu shots. Margaret Leeder, University Hospital, accepted.
2. PUBLIC PARTICIPATION: Marvin Seidel, 9645 N Belfort, Tamarac, questioned the
following items: county actions regarding the use of cell phones while driving, plans for the
property at the corner of Nob Hill and 80t Street, tax reduction for residents as a result of the
new Tamarac Commerce Park, installation of flashing lights at the proposed Hiatus Road fire
station, and Congressman Wexler's visit to Tamarac. Commissioner Roberts said the county
has not taken action regarding cell phone use and town homes would be built at Nob Hill and
80th Street. Mayor Schreiber said tax reduction could eventually result from the success of
Commerce Park, timely installation of flashing lights at the proposed fire station would be
sought, and conflicts in Congressman Wexler's schedule caused his visit to be postponed.
REPORTS
3. City Commission: Commissioner Roberts thanked everyone for their participation in
the Veterans Day parade and ceremony, and said Challenger Elementary School's Rocket
Ship was phenomenal. Tamarac Elementary PTA extends a thank you to Parks and
Recreation for allowing student participation on the float.
Commissioner Portner thanked those who participated in the Veterans Day activities.
Commissioner Partner said he has been giving lessons on Commission duties at Tamarac
Elementary School for the past 2 weeks, and is impressed with how smart the students are.
Vice Mayor Sultanof said the Veterans Day parade was outstanding, staff did a good job and
Grand Marshall Captain John P. Currier was very pleased. Vice Mayor Sultanof said the flag
stands for more than just a flag — "the stars light the way and the stripes are lines in the sand
telling our enemies they can not go any further".
Commissioner Mishkin said she has attended Veterans Day parades for many years and this
year's parade was the best yet, particularly with the children's participation and enthusiasm.
November 14, 2001
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Mayor Schreiber said the Veterans Day parade was the best ever in Tamarac, with the most
participation and spectators. Mayor Schreiber added that watching and hearing the students
of Challenger Elementary sing God Bless America was very inspiring.
4. City Attorney: City Attorney Kraft had no report.
5. City Manager: City Manager Miller reported that Building Official Paul Gioia was invited
to join the Florida Institute of Construction Career Board of Directors by a unanimous vote of
that board. Building Official Gioia will also be named Building Official of the Year at the annual
conference of Building Officials and Inspectors Association in May 2002. Fire Chief Jim
Budzinski has been asked to represent Florida on the Fire Code Committee. Chief Budzinski
is the head of the Broward County Fire Chiefs. City Manager Miller said the Tamarac
Economic Development Plan won another award from the Florida Planning and Zoning
Association last week in Jacksonville and he congratulated Community Development Director
King, Economic Development Manager Reed -Holguin and staff. Another CERT training class
was completed on November 11 t" and there are now over 300 residents qualified to assist in
the event of a disaster. The Fire Department is collecting food for needy families for
Thanksgiving; 80 requests for assistance have been received due to the drop in the economy.
The Parks and Recreation Department has done an outstanding job within the last month,
hosting such events as a Halloween party, Tamarac Days, Junior Orange Bowl, American
Spirit Celebration, and the Veterans Day parade and ceremony. Additionally, Tamarac is
proud that the Manatee Princess won the statewide competition.
CONSENT AGENDA
6. Commissioner Portner seconded by Vice Mayor Sultanof moved approval of items 6(a)
through 6(u) on the consent agenda. On roll call Commissioner Portner voted "yes", Vice
Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor
Schreiber "yes". Motion carried.
a. APPROVE the minutes of the October 24, 2001 Regular Commission meeting.
APPROVED
b. AGREEMENT FOR LOBBYIST SERVICES: (TR9547) Executing an agreement
between the City of Tamarac and Mitchell Ceasar for lobbying services.
RESOLUTION NO. R2001-317
C. WALGREENS AT WOODMONT SHOPPES - PERFORMANCE BOND RELEASE:
(TR9554) Releasing a Public Improvement Performance Bond in the form of Surety
Bond #MB0049 from Contractors Bonding and Insurance Company in the amount of
$8,625.00, subject to the receipt of a one-year Warranty Bond in the amount of
$3,218.75 for the Water Distribution System Improvements installed for the Walgreens
at Woodmont Shoppes Project located at 8199 University Drive,
RESOLUTION NO. R2001-318
d. UNIVERSITY HOSPITAL AND MEDICAL CENTER, BILL OF SALE ABSOLUTE:
(TR9561) Accepting a Bill of Sale Absolute from University Hospital, Ltd., for the Water
Distribution and Sewage Collection System Improvements for the University Hospital
and Medical Center Project, located at 7201 North University Drive, for City ownership;
November 14, 2001
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authorizing and directing the City Clerk to record said document in the public records of
Broward County.
RESOLUTION NO. R2001-319
e. WENDY'S OLD FASHIONED HAMBURGERS PUBLIC UTILITY EASEMENT:
(TR9562) Executing a Tamarac Public Utility Easement with Wendy's of N.E. Florida,
Inc., for the Wendy's Old Fashioned Hamburgers Project, located at 8901 West
Commercial Boulevard; authorizing and directing the City Clerk to record said document
in the public records of Broward County.
RESO,-UTION NO. R2001-320
f. WENDY'S OLD FASHIONED HAMBURGERS WATER AND SEWER UTILITY
EASEMENT: (TR9563) Accepting and executing a "Tamarac Water and Sewer Utility
Easement" with Wendy's of N.E. Florida, Inc., for the Wendy's Old Fashioned
Hamburgers Project, located at 8901 West Commercial Boulevard, 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 public records of Broward County.
RESOLUTION NO. R2001-321
g. MCNAB BUSINESS PARK - BLANKET PUBLIC SAFETY INGRESS/EGRESS
EASEMENT: (TR9569) Accepting and executing a Blanket Public Safety
Ingress/Egress Easement with Industrial Development Co. of America, L.L.L.P., for the
McNab Business Park Project, located on the south side of McNab Road just east of
Hiatus 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. R2001-322
h. MCNAB ROAD AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC - FIRST CHANGE ORDER: (TR9571) Accepting and executing a first
Change Order to the McNab Road Agreement with Broward County in the amount of
$75,254.61 for funding the resolution of underground utility conflicts along McNab Road
from University Drive to Pine Island Road for a total contract amount of $166,604.61 in
accordance with the provisions of Florida Statutes 337.403 and 337.404; and approving
funding for this project from the appropriate Utilities accounts including the
appropriation of $166,604.61 from Retained Earnings.
RESOLUTION NO. R2001-323
BASIC LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT
COVERAGE RENEWAL: (TR9553) 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 January 1, 2002; providing for
the continuation of the existing cost allocation of the Basic Life Insurance and
November 14, 2001
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Accidental Death & Dismemberment Insurance Premium between the city and
employees; approving the appropriate budgetary transfers of funds.
RESOLUTION NO. R2001-324
j. LONG-TERM DISABILITY INSURANCE COVERAGE RENEWAL: (TR9594)
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, 2002; 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. R2001-325
k. AWARD AND AGREEMENT - BROWARD COUNTY SWIM CENTRAL: (TR9566)
Accepting an award from the Broward County Swim Central Grant Program in the
amount of $1,500,000; executing an agreement between the City of Tamarac and
Broward County for the Broward County Swim Central Grant Program in the amount of
$1,500,000; amending the annual Grants Fund Budget of Estimated Revenues and
Expenditures in the amount of $1,500,000.
RESOLUTION NO. R2001-326
I. SERVICE FEES - FIRE AND RESCUE: (TR9450) Approving the service fees for
medical transport, fire inspections, hazardous materials, special hazards, public
education, fire alarms, parking in fire lanes, and special details, commencing December
1, 2001.
RESOLUTION NO. R2001-327
M. OFFICE SUPPLIES AWARD AND AGREEMENT: (TR9578) Awarding RFP 01-15R
entitled "Office Supplies" and accepting and executing an agreement with Office Depot,
Inc. on behalf of the Southeast Florida Governmental Purchasing Cooperative for a
one-year period with four additional one-year renewal options.
RESOLUTION NO. R2001-328
n. AGREEMENT - WEB SITE DEVELOPMENT: (TR9555) Executing an agreement
between the City of Tamarac and Inobbar, LLC dba Novusolutions for web site
development at a total cost of $37,400.
RESOLUTION NO. R2001-329
o. BROWARD SHERIFF'S OFFICE PERMIT APPLICATION: (TR9584) Executing a
Broward Sheriffs Office Permit Application for Special Details for police services to be
used by the Parks and Recreation Department in an amount not to exceed $54,800.00
in FY 02; approving funding from the appropriate Parks and Recreation account.
RESOLUTION NO. R2001-330
p. INCREASED PURCHASE PRICE LIMITS - FIRST-TIME HOMEBUYERS PROGRAM:
(TR9588) Adopting the increased purchase price limits for the City of Tamarac's State
Housing Initiatives Partnership (SHIP) Purchase Assistance Program during SHIP
Fiscal Years 2001-2002, 2002-2003 and 2003-2004, contained in the City's Local
Housing Assistance Plan and Housing Delivery Goals Chart (Case No. 38-MI-01).
RESOLUTION NO. R2001-331
q. NATIONAL LEAGUE OF CITIES - POLICY ON AIR QUALITY REGULATIONS:
(TR9592) Urging the National League of Cities (NLC) to adopt a policy encouraging the
Environmental Protection Agency (EPA) to strengthen the standards relating to
November 14, 2001
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acceptable ambient air quality regulations in cities; directing the City Clerk to transmit
copies of this resolution to the National League of Cities, the Florida League of Cities,
the Broward League of Cities and any interested municipalities in Broward County.
RESOLUTION NO. R2001-332
r. CONDOLENCES TO VICTIMS OF TERRORISM AND SUPPORT OF THE WAR
AGAINST TERRORISM: (TR9593) Expressing condolences on behalf of all Tamarac
residents to the families of victims of the terrorist attacks at the Pentagon, in the crash
of United flight 93 in Pennsylvania, and in the City of New York; expressing support to
the citizens of New York who have suffered such devastation, in their rebuilding efforts;
expressing confidence in the nation, the President of the United States and his
administration, and the United States Congress in their war against terrorism;
encouraging the citizenry to bind together in the promises for the future of this free
nation; authorizing and directing the City Clerk to provide certified copies of the
resolution to the President of the United States, George W. Bush, the President of the
United States Senate, the Speaker of the United States House of Representatives,
Florida Governor Jeb Bush, New York Governor George Pataki, City of New York
Mayor Rudolph Giuliani, the Florida League of Cities, the Broward County Board of
County Commissioners, and other municipalities within Broward County.
RESOLUTION NO. R2001-333
S. WATER AND SEWER DEVELOPER'S AGREEMENT - SUNSHINE PLAZA: (TR9596)
Accepting and executing a Water and Sewer Developer's Agreement for twenty-nine
(29) non-residential water and sewer building connections requiring 47.5 ERC's for
water and 47.5 ERC's for sewer, a Tamarac Water and Sewer Utility Easement, and a
Bill of Sale Absolute with Ramco-Gershenson Properties, L.P., for the Sunshine Plaza
Project, located on the northwest corner of West Commercial Boulevard and State
Road 7; authorizing and directing the City Clerk to record said documents in the public
records of Broward County.
RESOLUTION NO. R2001-334
t. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT - SUNSHINE PLAZA:
(TR9595) Accepting and executing a Blanket Public Safety Ingress/Egress Easement
with Ramco-Gershenson Properties, L.P., for the Sunshine Plaza Project, located on
the northwest corner of West Commercial Boulevard and State Road 7, 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. R2001-335
U. AGREEMENT - TAMARAC HOTELS INC. COMFORT SUITES . (TR9587) Executing
an agreement between the City of Tamarac and Tamarac Hotels Inc. (Comfort Suites),
for the construction of a 42" drainage main on NW 57 Street".
RESOLUTION NO. R2001-336
END OF CONSENT AGENDA
REGULAR AGENDA
Commissioner Roberts seconded by Vice Mayor Sultanof moved to remove Item #11 from the
agenda. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes",
November 14, 2001
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Commissioner Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion
carried.
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCES— SECOND READINGS
7. AMENDING CHAPTER 23 - "VEHICLES FOR HIRE": (TO1943) Motion to adopt
Ordinance on second reading amending Chapter 23 entitled, "Vehicles for Hire", Section 23-
1 entitled, "County ordinance adopted", of the City of Tamarac's Code of 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 second reading by title. Commissioner 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 Commissioner Roberts voted
"yes", Commissioner Portner "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes",
and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2001-22
8. AMENDING CHAPTER 3 - "ALCOHOLIC BEVERAGES": (TO1944) Motion to adopt
Ordinance on second 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 second reading by title. Vice Mayor Sultanof
seconded by Commissioner Mishkin moved approval. Commissioner Roberts asked for an
explanation of the item, and Community Development Director King said this is a change in
the definition of an alcoholic beverage to be consistent with Florida statutes to '/z% from 1 %.
City Attorney Kraft clarified the meaning of public place. Commissioner Portner questioned
the terms weight and volume, and Community Development Director King said the change is
to be consistent with Florida statutes. Mayor Schreiber opened the public hearing. Marvin
Seidel, 9645 N Belfort, Tamarac, asked if this ordinance refers to recreation facilities, carnivals
or shows and Mayor Schreiber said it applies to any public area. There being no one else
wishing to speak, Mayor Schreiber closed the public hearing. On roll call Vice Mayor Sultanof
voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", Commissioner Portner
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2001-23
9. AMENDING CHAPTER 17 ENTITLED, "PLANNING AND DEVELOPMENT": (TO1946)
Motion to adopt Ordinance on second 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 second reading by title. Commissioner 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 Commissioner Roberts voted
"yes", Commissioner Portner "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes',
and Mayor Schreiber "yes". Motion carried.
November 14, 2001
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ORDINANCE NO. 0-2001-24
10, AMENDING CHAPTER 1$ - "SIGNS AND ADVERTISING": (TO1952) Motion to adopt
Ordinance on second 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,
Revisi,pn #2 on second reading by title. Commissioner Roberts seconded by Vice Mayor
Sultanof moved approval. Commissioner Roberts said the residents in district 4 would be very
happy with this ordinance. Mayor Schreiber opened the public hearing. Jay Koutcher, 8173
Royal Palm Court, Tamarac, asked if this ordinance allowed for a change in area coverage for
window spaces. Community Development Director King said the proposed change allows
neon signs in windows, where they are currently required to be 5 feet back from the window.
The neon signs will be considered part of the window signage, up to 15% of the overall
window. Marvin Seidel, 9645 N Belfort, Tamarac, asked if Tamarac is contemplating takipg a
stand on building numbers that can be seen during the day and at night. Community
Development Director King said there is a requirement in the code that buildings have
addresses on them and a possible amendment to the code will be looked at so the numbers
can be easily read from the right of way. Walter Coghlin, 4806 NW 49 Court, said he spoke
with the Fire Chief and was told there is sufficient money to put up standardized numbers on
homes and businesses. Vice Mayor Sultanof asked Mr. Seidel if he was referring to lighted
numbers, and Mr. Seidel said reflective, not lighted. There being no one else wishing to
speak, Mayor Schreiber 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.
ORDINANCE NO. 0-2001-25
QUASI-JUDICIAL HEARINGS
11. AMENDING PRIOR ZONING OF CERTAIN REAL ESTATE PROPERTY FROM B-6
BUSINESS DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT): (TO1935) Motion to
adopt Ordinance on second reading amending prior zoning of certain real estate property
from B-6 (Business District) to B-2 (Community Business District); lands commonly known as
Lots 1 & 2, Block 4 of the "Lyons Industrial Park" Plat, according to the Plat thereof as
recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida, located at
5700 NW 94 Avenue; Case No. 16-Z-01; providing for amendment of the official zoning map
to reflect such change.
REMOVED FROM AGENDA
12. SPECIAL EXCEPTION - LA ANTIOGUENA CAFE & BAKERY: (TR9577) Motion to
approve resolution granting a Special Exception to allow the operation of a cafe and bakery in
a B-2 (Community Business District) zoning category to La Antioguena Cafe & Bakery located
at 5753 North University Drive (Midway Plaza Shopping Center), specifically Parcel "A" of the
November 14, 2001
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"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. 20-Z-01); providing for conditions of
approval. City Attorney Kraft read Temporary Resolution 9577 by title. Commissioner
Roberts seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft explained the
quasi-judicial procedures, and Fred Nagler, Architect, representing La Antioguena Caf6 &
Bakery, waived the quasi-judicial formalities. Community Development Director King gave a
presentation. Commissioner Partner asked if this restaurant would be coming back for a
special exception to serve alcoholic beverages, and Mr. Nagler said as far as he knew they
would not. 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. R2001-337
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the Regular City Commission meeting at 7:30 p.m.
AESCHREIBER, MAYOR
MARION SWE SON, CMC
CITY CLERK
CITY OF TAMARAC
APPROVED AT MEETING OF
November 14, 2001
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