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Home My WebLink About2002-11-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY NOVEMBER 13, 2002 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, November 13, 2002 in Chambers at Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, FL, PRESENT: Mayor Joe Schreiber, Commissioner Gertrude Mishkin, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. ABSENT AND EXCUSED FOR CAUSE: Vice Mayor Edward C. Portner PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance. 1 PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming November 2002 as national Epilepsy Awareness Month. Public Information Officer Lucy Crockett accepted. b. Presentation by Mayor Schreiber of a proclamation proclaiming November 21, 2002 as Feed America Thursday. Chief Jim Budzinski accepted, and thanked the Mayor and City Commission for the proclamation. Chief Budzinski reminded everyone that Tamarac Fire Rescue will be collecting food donations for residents of Tamarac, and also instituting a new program where different departments in the City will adopt a family for Thanksgiving. 2. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street, Tamarac, spoke about illuminated street signs and said he hoped Tamarac would be getting them soon. Commissioner Sultanof said at the last MPO meeting there was discussion about changing signs and it will be coming up through the County; Tamarac will have these signs also. Mayor Schreiber said it will be a great improvement. Marvin Seidel, 9645 N Belfort, Tamarac, spoke about stocking of sterile carp in the canals and questioned a $2.00 per family assessment for this. Mayor Schreiber responded that in order to reinforce the stormwater fund and to prevent flooding, the stormwater assessment has been increased by $2.00 per month. There is a need for four new pumps, each of which cost approximately $1 million. Dot Murphy, 5008 NW 50 Court, Tamarac, spoke about the uncommitted surplus in the general fund and in favor of the additional Senior Homestead Exemption. Walter Coghlin, 4806 NW 49 Court, Tamarac, spoke about the Veterans' Day Parade, and said there is a safety hazard in the park — the lift on three surfaces going up to the Memorial. Mr. Coghlin suggested a ramp might be safer. David Pearlman, 6921 Environ Blvd., Sunrise, spoke about the Kiwanis Club of Tamarac, and said the club's mission is to help children in the community. The Kiwanis November 13, 2002 1 Club has assisted the Cadet Program at the Tamarac Fire Department. The Kiwanis meets 6.30 p.m. on Tuesday evenings at Picadilly Cafe, and anyone who wants to join is welcome to attend. Sid Vernick, 5712 NW 86 Terrace, Tamarac, spoke about the Senior Homestead Exemption and the ordinance on the agenda for first reading, and said $10,000 is inadequate and $25,000 is a more appropriate amount. RFPnPTR 3. City Com mission: Commissioner Roberts thanked the attendees and omm,,_.. participants in the Veterans' Day Parade, and commended the Parks and Recreation Department, Special Events Manager Nevadomski and Parks and Recreation Director Margoles for their efforts. Commissioner Sultanof said the Veterans' Day Parade was the best he has seen so far, and noted that he is the liaison to the Veterans' Committee. Commissioner Mishkin echoed Commissioners Roberts' and Sultanof's sentiments about the Veterans' Day Parade. Mayor Schreiber commended and congratulated everyone on the Veterans' Day Parade, and said this year's parade was the best ever. Mayor Schreiber thanked all who attended the event. 4. City Attorney: City Attorney Kraft had no report. 5. City Manager: City Manager Miller said the 5tt' Annual Reverse Trade Show was held at the Tamarac Community Center on November 7tr', and there were over 350 vendors and government purchasing staff in attendance. City Manager Miller thanked City staff for their support and participation, and commended Purchasing/Contracts Manager Flurry on a job well done. The Fire Department was awarded a grant for personal protective equipment, consisting of self-contained breathing apparatus and clothing. The grant was in the amount of $250,000. City Manager Miller thanked Assistant to the City Manager Phillips, Special Projects Coordinator Perron, Assistant Fire Chief Schuldt, and Assistant Fire Chief Forsberg for their efforts in obtaining the grant. The Broward County EMS grant review committee approved $10,000 for training equipment; this now needs to go before the Broward County Commission for final approval. City Manager Miller thanked EMS Chief Terry and Special Projects Coordinator Perron for their efforts. The 22nd annual Turkey Trot will take place at 7:30 a.m. on November 28tr' The Holiday Lighting Ceremony will be held at 6:00 p.m. on November 25th at the Tamarac Community Center. The 5tt' Annual Veterans' Day Parade was very successful, with over 1,000 in attendance. City Manager Miller thanked Parks and Recreation Director Margoles and the Parks and Recreation Department for putting on this event. City Manager Miller announced that the public is invited to attend the groundbreaking of the Tamarac Branch Library, to be held on November 20"' at 10.00 a.m. CONSENT AGENDA November 13, 2002 2 6. Commissioner Mishkin seconded by Commissioner Sultanof moved to table Item 6(e) TAMARAC CITIZEN CORPS COUNCIL: (TR9964) Supporting the Tamarac Citizen Corps Council, to the November 27, 2002 regular City Commission meeting at or after 9:00 a.m. On roll call Commissioner Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Mayor Schreiber "yes". Motion carried. Commissioner Roberts seconded by Commissioner Sultanof moved approval of all items on the consent agenda, except for Item 6(e) which was tabled. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes Motion carried. a. APPROVE the minutes of the October 23, 2002 regular commission meeting. APPROVED b. VOIDING THE WATER AND SEWER DEVELOPER'S AGREEMENT — BANYAN LAKES CORPORATION: (TR9669) Executing an agreement with Elfrieda R. Compton, voiding the Water and Sewer Developer's Agreement with Banyan Lakes Corporation for the Banyan Lakes Development located on the south side of Bailey Road between Rock Island Road and 81 St Avenue; releasing the property lien on said project for delinquent Guaranteed Revenues in the approximate amount of $18,103.51; authorizing and directing the City Clerk to record said Agreement and release of lien in the public records of Broward County. RESOLUTION NO. R2002-316 c. EASEMENT — MARKETPLACE AT TAMARAC: (TR9950) Executing a "Tamarac Water Utility Easement" with Joseph S. Janoura, President of Joge Investments, Inc., d/b/a Marketplace at Tamarac for the Marketplace at Tamarac Project, located on the northeast corner of West Commercial Boulevard and NW 70"' Avenue, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution System Improvements; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2002-317 d. BILL OF SALE ABSOLUTE — MARKETPLACE AT TAMARAC: (TR9951) Accepting a Bill of Sale Absolute from Joge Investments, Inc., d/b/a Marketplace at Tamarac, for the Water Distribution System Improvements installed for the Marketplace at Tamarac Project, located on the northeast corner of West Commercial Boulevard and NW 70tr' Avenue, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2002-318 e. TAMARAC CITIZEN CORPS COUNCIL: (TR9964) Supporting the Tamarac Citizen Corps Council. TABLED TO THE NOVEMBER 27, 2002 REGULAR CITY COMMISSION MEETING AT OR AFTER 9:00 A.M. f. AGREEMENT — TEXAS AQUATIC HARVESTING - RENTAL OF AQUATIC PLANT HARVESTER: (TR9953) Entering into an agreement with Texas Aquatic Harvesting for the purpose of providing services including the rental of an aquatic plant harvester and operator utilizing the South Florida Water Management November 13, 2002 3 District Contract No. C-13660 in an amount not to exceed $45,000; authorizing budget transfers required for proper accounting purposes. RESOLUTION NO. R2002-319 g. AGREEMENT — ALLOCATION OF DEVELOPMENT ENTITLEMENTS: (TR9939) Executing an agreement for allocation of development entitlements between Lennar Land Partners and the City of Tamarac. RESOLUTION NO. R2002-320 h. SIGNATURE AUTHORIZATION — BANK ACCOUNTS (TR9966) Authorizing signatures for bank accounts at Wachovia Bank, National Association, a/k/a First Union National Bank. RESOLUTION NO. R2002-321 i. ACCEPTING QUIT CLAIM DEED FROM BROWARD COUNTY: (TR9952) Accepting a quit claim deed from Broward County, Florida, of county -owned property located in Tamarac, Florida, acquired by the county by virtue of the property being delinquent ad valorem tax payments lands. RESOLUTION NO. R2002-322 j. WATER AND SEWER DEVELOPER'S AGREEMENT — TAMARAC BRANCH LIBRARY (TR9962) Executing a Water and Sewer Developer's Agreement with Broward County, a Political Subdivision of the State of Florida, for the Tamarac Branch Library Project, located at 8701 West Commercial Boulevard for one non-residential water and sewer building connection requiring 8 ERC's for water and 8 ERC's for sewer; requiring the payment of $25,600.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2002-323 k. ELECTRICAL SERVICE CONNECTIONS — IRRIGATION PUMPS: (TR9959) Expending an amount not to exceed $105,000 for the design and installation of electrical service connections by Florida Power & Light for the fifteen (15) irrigation pumps which will be installed as part of Phase IV-B of the Comprehensive Street Improvement Program. RESOLUTION NO. R2002-324 I. GRANT APPLICATION — REPLACEMENT OF THREE STORMWATER PUMP STATIONS: (TR9965) Seeking up to $750,000 in grant funding from the Florida legislature through the Department of Environmental Protection for replacement of three stormwater pumps providing for a $3,761,000 match from the city. RESOLUTION NO. R2002-325 M. BID AWARD — HERBICIDE PURCHASE: (TR9961) Awarding Bid No. 03-01 B for the purchase of aquatic, ornamental and turf herbicides from Helena Chemical Company, Agro Distribution, LLC d/b/a Pro Source One, and UAP Timberland LLC; authorizing an expenditure of funds in an amount not to exceed $81,700. RESOLUTION NO. R2002-326 n. CITY COMMISSION RULES OF PROCEDURE: (TR9955) Adopting rules of procedure for the City Commission which provide for definition of relevant terms, outline the commission meeting agenda, provide for notice of meeting, provide for rules of conduct of commission and residents, provide for enforcement, and provide for voting procedures. RESOLUTION NO. R2002-327 November 13, 2002 4 END OF CONSENT AGENDA REGULAR AGENDA 7. TIME EXTENSION — YBR PROPERTIES INC. SITE PLAN: (TR9960) Motion to approve Resolution granting a time extension of one (1) year for Final Site Plan approval for YBR Properties, Inc., requested by Jean Cascio Esq., attorney for the applicant (Case No. 28--SP-02). City Attorney Kraft read Temporary Resolution 9960 by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-328 ORDINANCES — FIRST READINGS 8. AMENDING CHAPTER 10 OF THE TAMARAC CODE - "LAND DEVELOPMENT REGULATIONS": (TO1974) Motion to adopt Ordinance on first reading amending Chapter 10 entitled, "Land Development Regulations", Article V entitled, "Improvements", Division I entitled, "Generally", Section 10-154 entitled, "Engineering Plans and Specifications" by amending the regulations, requirements and procedure by which final engineering plans and specifications are submitted and to allow for submittal and approval of plans and specifications that include drainage, water supply, sewage collection and any other information deemed necessary by the City Engineer prior to the issuance of building permits (Case No. 19-Z-02); providing for codification. City Attorney Kraft read Temporary Ordinance 1974, revision #5, on first reading by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING 9, AMENDING CHAPTER 10 OF THE TAMARAC CODE — "LAND DEVELOPMENT REGULATIONS": (TO1986) Motion to adopt Ordinance on first reading amending Chapter 10 entitled, "Land Development Regulations", Article V entitled, "Improvements", Division 6 entitled "Utilities", Section 10-250 entitled, "Same — materials for pipe and fittings", amending the identification of water distribution system mains and service pipe materials within the code to identify water distribution system mains and service pipe materials within the "Utilities Department Engineering Standards and Details"; providing for codification. City Attorney Kraft read Temporary Ordinance 1986, revision #1, on first reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING 10, AMENDING CHAPTER 2 OF THE TAMARAC CODE — ELIMINATING REFERENCE TO THE CHARTER BOARD: (TO1985) Motion to adopt Ordinance on first reading amending Chapter 2 of the Tamarac Code entitled "Administration", November 13, 2002 5 Article V, entitled "Conflicts of Interest", Section 2-272, entitled "Duty to Report Violations" and Section 2-274, entitled "Enforcement by Suit" by eliminating reference to the charter board; providing for codification. City Attorney Kraft read Temporary Ordinance 1985 on first reading by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING 11. SENIOR HOMESTEAD EXEMPTION: (TO1987) Motion to adopt Ordinance on first reading granting an additional homestead tax exemption of $10,000.00 to resident homeowners who have legal or equitable title to real estate, who are at least 65 years of age, and whose annual household income does not exceed $20,000.00, pursuant to Section 196.075, Florida Statutes (1999), as amended. City Attorney Kraft read Temporary Ordinance 1987, on first reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Mayor Schreiber said he has been trying for three years to get a $25,000 Senior Homestead Exemption approved for Tamarac, and while he would prefer $25,000, the $10,000 is a beginning. Mayor Schreiber spoke about the public getting an initiative referendum to be put on the upcoming ballot, or, in the alternative, waiting until next year to see if the City would approve $20,000 or $25,000. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS 12. AMENDING CHAPTER 12 "LICENSE AND BUSINESS REGULATIONS": (T01981) Motion to adopt Ordinance on second reading amending Chapter 12, "License and Business Regulations", Article II, "Occupational Licenses", Section 12-39, "Amount of Fee" of the City of Tamarac Code of Ordinances by modifying certain occupational license classifications to conform with Chapter 205, Florida Statutes and to conform with classifications that are commonly used and currently included in the city's HTE Occupational Licensing System, and to clarify the meaning of the category "Accessory Use" (Case No. 23-Z-02); providing for codification. City Attorney Kraft read Temporary Ordinance 1981, revision #1 on second reading by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. Community Development Director King gave a presentation. Commissioner Sultanof asked how our fees compare to those of other cities, and Community Development Director King said we are equitable with surrounding municipalities. 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 Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2002-26 13. AMENDING CHAPTER 2 OF THE CODE — PROVIDING FOR PROCEDURES TO FILL VACANCIES ON BOARDS AND COMMITTEES: (TO1984) Motion to adopt Ordinance on second reading amending Chapter 2 of the Tamarac Code entitled November 13, 2002 6 C "Administration", Article II "City Commission", Section 2-31, entitled "Appointed boards, commissions, committees to elect chairman, vice-chairman; absenteeism of members"; providing for procedures to fill vacancies; providing for codification. City Attorney Kraft read Temporary Ordinance 1984 on second reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Commissioner Roberts thanked staff for this ordinance and City Manager Miller thanked the City Clerk for the ordinance. 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 Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2002-27 14. AMENDING CHAPTER 6 ARTICLE V OF THE TAMARAC CODE — "PURCHASING PROCEDURES": (TO1933) Motion to adopt Ordinance on second reading amending Tamarac Code, Chapter 6, "Finance and Taxation," Article V "Purchasing Procedures," Section 6-146, "Scope of Purchasing Authority," amending Purchasing and Contracts Manager's authority to execute contracts, agreements and other instruments increasing amount from $10,000 to $30,000; amending Section 6- 151, "Exception to bid and proposal requirements", clarifying non-competitive items by adding services, to include specialized consulting or contracted services, and amending Purchasing and Contracts Manager's authority to execute agreements, increasing amount from $10,000 to $30,000 before commission action is required; and providing for codification. City Attorney Kraft read Temporary Ordinance 1933 on second reading by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. Mayor Schreiber opened the public hearing. Seymour Epstein took the podium and said it is difficult for the audience to hear those on the dais. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "no", Commissioner Mishkin "yes" and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 0-2002-28 QUASI-JUDICIAL HEARINGS 15. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — CATALINA PLACE: (TR9954) Motion to approve Resolution issuing Revised Development Order No. 323.1 and granting New Development Site Plan approval to Catalina Place to allow the construction of an eighty-six (86) unit townhome development with a pool and cabana and associated parking, landscaping and infrastructure improvements, located at the northwest corner of NW 64th Street and NW 74th Avenue, specifically Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida (Case No. 19-SP-02); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9954, revision #1 by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Attorney Gerald Knight waived his quasi- judicial rights on behalf of the applicant. Community Development Director King gave a presentation and discussed concerns presented to staff from residents of the November 13, 2002 7 neighborhood. Commissioner Sultanof said the last time the residents appeared before the Commissioners they complained of outsiders speeding through the neighborhood, but there is evidence that 70% of the violations issued from October 18-21 were to residents of the neighborhood. Commissioner Sultanof said the residents must patrol their own. Mayor Schreiber opened the public hearing, and Attorney Knight gave a presentation and introduced Tony Mijares of United Homes and Chris Hagen, Traffic Engineer. A rendering of the project was shown to the Commissioners and the audience. Commissioner Sultanof asked whether we could monitor the concerns noted by the neighborhood and do what is feasible to make sure that their requests are pursued. Community Development Director King said our engineers would make an initial study of the area and contact the County to make them aware of those issues so they could begin their own study. Commissioner Sultanof spoke about a traffic light and said it is hard to get lights, but we may be able to pursue a warrant through the County so it does not break the line of traffic. Sam Schwartz, Concorde Village, asked what the units would sell for, and Attorney Knight said $150,000 - $180,000, Charles Bryant, Vanguard Village thanked the staff and commissioners for their efforts, and spoke about traffic concerns and maintaining the pristine condition of the neighborhood. Mayor Schreiber said the situation would be monitored. Tony Santiso, 6604 NW 74 Avenue, spoke about traffic and requested only one ingress/egress for the project. Mayor Schreiber and Tony Mijares, chairman of United Homes, explained the safety issue and fire department requirements. Bernard Barrineau, Vanguard Village, said there is no impact. Lori Lazaro, 6319 NW 74"-' Ave., asked the developer to make sure, when relocating the wildlife, to keep the two foxes together, as they mate for life. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2002-329 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the Commission, Mayor Schreiber adjourned the meeting at 8:10 p.m. 4 k f ✓� f" JOE CHREIBER MAYOR MARION SWENSON, CMC CITY CLERK E November 13, 2002 8