HomeMy WebLinkAbout2002-11-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY NOVEMBER 27, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 9:00 a.m. in Chambers at Tamarac City Hall, 7525 NW 88 Avenue,
Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Edward C. Portner, 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.
Mayor Schreiber reported that there are new procedures in place for conducting the
commission meeting.
PLEDGE OF ALLEGIANCE: Mayor Schreiber asked Commissioner Roberts to lead the
pledge of allegiance.
1. PROCLAMATIONS/SPECIAL RECOGNITIONS:
a. Presentation by Mayor Schreiber of a proclamation proclaiming the value and
importance of the United Way. Bill Rankin accepted and thanked the mayor and
commission on behalf of United Way. Mr. Rankin said he is a loaned executive, (he is
the Deputy Director of the Ft. Lauderdale Airport) and this has been an eye-opening,
gratifying experience. Mr. Rankin said the United Way appreciates Tamarac's
contributions. City Manager Miller presented Mr. Rankin with a check in the amount of
$8,100 on behalf of the Tamarac employees, and said while Tamarac may not be the
largest city in Broward County, its employees are among the most generous. City
Manager Miller thanked Special Projects Coordinator Perron for her work on the
campaign and introduced Bill Keith, Chairman of United Way.
b. Presentation by Mayor Schreiber of a proclamation commending and
congratulating Lt. Colonel Herbert W. Hayes, Jr. on his representation of the City of
Tamarac as a Pioneer during the Broward County Pioneer Days Celebration. Lt.
Colonel Hayes accepted and said he enjoyed representing Tamarac at Pioneer Days
and thanked the mayor and commission for choosing him and bestowing this honor
upon him.
REPORTS
2, City Commission: Mayor Schreiber said the holiday lighting ceremony held at
the Tamarac Community Center on Monday evening was a great event with a fantastic
turnout. The tree and menorah are beautiful. Mayor Schreiber said this is a significant
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holiday season and wished everyone a happy and healthy holiday and a great new
year.
Commissioner Mishkin said she is recovering from a wonderful Veterans' Day parade
and so many people turned out for the event and the Christmas Tree and Menorah
lighting ceremony. Commissioner Mishkin asked everyone to come out and join every
event, as they are getting better and better.
Commissioner Sultanof said the ceremony to light the tree and menorah was
magnificent. Also, `watching' the children sing was moving. Tamarac is one of the only
cities in Broward County that has a signing choir, where both hearing and non -hearing
children participate. Commissioner Sultanof said we live in an age where tolerance and
well-being is being tested; we live in the greatest democracy on earth. Commissioner
Sultanof congratulated Parks and Recreation Director Margoles and her staff on their
presentation of this event. Commissioner Sultanof asked everyone to come out and
see what Tamarac is doing.
Vice Mayor Portner echoed his colleagues' sentiments and reminded everyone that the
Turkey Trot would be held tomorrow morning.
Commissioner Roberts wished the mayor, city commissioners, staff and residents a
happy and healthy holiday.
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: City Manager Miller reported that Chief Ken Dugger advised BSO
will deliver food baskets to 30 needy families in Tamarac, sponsored by the Coral Ridge
Methodist Church. BSO Chief Dugger also advised that BSO will be on duty during the
Winter Fest event held at Tamarac Elementary School and Challenger Elementary
School. The Fire Rescue Department held its Thanksgiving Food Drive with donations
from Tamarac employees, and thanks go out to all who participated. Tamarac Fire
Rescue will sponsor its annual toy drive for distribution before the holiday. Boxes will
be provided and requests are for unwrapped toys. Tamarac distributed a total of 96 cell
phones through the S.A.F.E. program. The phones are programmed to dial 911 and
are for seniors in need of phones. The Turkey Trot begins at 7:30 on Thanksgiving
morning; the first 600 to sign up receive a shirt. The holiday lighting ceremony went
very well, with approximately 400 in attendance. It was a beautiful ceremony and next
year there will be a new menorah.
5. PUBLIC PARTICIPATION: Odiel Feyers, 7421 NW 701h Avenue, Tamarac,
spoke about a letter he received from BSO Chief Dugger and said this is the last time
he will come before the commission, and hoped something would be done about traffic
and speeding violations on 70th Avenue.
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E
CONSENT AGENDA
6. Vice Mayor Portner seconded by Commissioner Roberts moved approval of all
items on the consent agenda. On roll call Vice Mayor Portner voted "yes",
Commissioner Roberts "yes", Mayor Schreiber "yes", Commissioner Mishkin "yes", and
Commissioner Sultanof "yes". Motion carried.
a. APPROVE the minutes of the November 13, 2002 regular commission meeting.
APPROVED
b. TAMARAC CITIZEN CORPS COUNCIL: (TR9964) Supporting the Tamarac
Citizen Corps Council.
RESOLUTION NO. R2002-330
c. PERFORMANCE BOND RELEASE — MARKETPLACE AT TAMARAC:
(TR9968) Releasing a Public Improvement Performance Bond in the form of a
cash bond Check #005865 from Marketplace at Tamarac in the amount of
$4,180.00, subject to the receipt of a one-year Warranty Bond in the amount of
$1,045.00 for the Water Distribution System improvements installed by
Marketplace at Tamarac for the Marketplace at Tamarac Project located on the
northeast corner of West Commercial Boulevard and NW 70th Avenue.
RESOLUTION NO. R2002-331
d. WARRANTY BOND RELEASE — UNIVERSITY HOSPITAL OR/ER/MRI
PROJECT: (TR9956) Releasing a Public Improvement Warranty Bond in the
form of cash bond check #04639753 from University Hospital in the amount of
$24,041.25 for the Water Distribution and Sewage Collection System
improvements installed by University Hospital, Ltd., for the University Hospital
OR/ER/MRl Project located at 7201 North University Drive.
RESOLUTION NO. R2002-332
e. WARRANTY BOND RELEASE — T & H ACQUISITIONS PROJECT: (TR9957)
Releasing a Public Improvement Warranty Bond in the form of cash bond check
#001121 from T & H Acquisitions, L.C., in the amount of $525.00 for the Water
Distribution System improvements installed by T & H Acquisitions, L.C., for the T
& H Acquisitions Project located at 8795 West McNab Road.
RESOLUTION NO. R2002-333
f. SECOND AMENDMENT -- INTERLOCAL AGREEMENT —
REAPPORTIONMENT OF MEMBERSHIP OF BROWARD COUNTY
METROPOLITAN PLANNING ORGANIZATION: (TR9979) Executing the
Second Amendment to the Interlocal Agreement for the Reapportionment of
Membership of the Broward County Metropolitan Planning Organization
(BCMPO) to reflect the changes in population distribution as set out in the 2000
Census, to increase the number of voting municipalities, to better address issues
pertaining to rapid growth, land use, transit needs, traffic concurrency and
economic development; (Case No. 17-MI-02).
RESOLUTION NO. R2002-334
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g. STREET LIGHTS MAINTENANCE AGREEMENT AND REVISED AGREEMENT
FOR TRAFFICWAY ILLUMINATION — PINE ISLAND ROAD: (TR9978)
Rescinding Resolution No. R-2002-218; entering into an agreement with Broward
County assigning maintenance of eleven (11) street lights along Pine Island
Road to the City of Tamarac; authorizing the appropriate city officials to execute a
revised agreement between Broward County and City of Tamarac for trafficway
illumination for Pine Island Road from Commercial Boulevard to approximately 1600
feet north; authorizing the removal of six (6) existing street lights within the project
boundary; authorizing the installation of eleven (11) street lights in the same location
by Broward County.
RESOLUTION NO. R2002-335
h. INTERLOCAL AGREEMENT — ROAD CONCURRENCY — TAMARAC
UTILITIES ADMINISTRATION PLAT: (TR9981) Executing an Interlocal
Agreement entitled, "Agreement Between Broward County and the City of
Tamarac for Road Concurrency Relating to Tamarac Utilities Administration Plat"
located between Nob Hill Road and Hiatus Road approximately 1,900 feet north
of West Commercial Boulevard; authorizing the City Clerk to record said
document in the Public Records of Broward County (Case No. 18-MI-02).
RESOLUTION NO. R2002-336
i. AUTHORIZING A REVISION TO THE INVESTMENT POLICY: (TR9980)
Revising Section VII. Authorized and Suitable Investment Instruments, C.
Repurchase Agreement, of the City of Tamarac Investment Policy to include
required language for certification of the City of Tamarac Investment Policy by
the Municipal Treasurers' Association of the United States and Canada.
RESOLUTION NO. R2002-337
j. ADDENDUM TO AGREEMENT -- BSO POLICE SERVICES: (TR9985)
Executing the First Addendum to the Agreement for Police Services by and
between the City of Tamarac and the Sheriff of Broward County.
RESOLUTION NO. R2002-338
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REGULAR AGENDA
ORDINANCES — FIRST READINGS
7. AMENDING CHAPTER 6.02 OF THE CHARTER: (TO1989) Motion to adopt
Ordinance on first reading amending the Tamarac Charter by amending Article VI,
Qualifications and elections, Section 6.02, entitled "Districts", deleting references to the
Charter Board as elected Board members and deleting district residency requirements
for Charter Board members consistent with Ordinance No. 0-2002--12; providing that if
the amendment is approved by a majority of the voters at the March 11, 2003, election,
then such amendment shall become a part of the City Charter upon certification and
acceptance of the election results; providing for codification. City Attorney Kraft read
Temporary Ordinance 1989 on first reading by title. Commissioner Sultanof seconded
by Commissioner Mishkin moved approval. On roll call Commissioner Sultanof voted
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"yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes", Mayor Schreiber "yes",
and Commissioner Roberts "yes". Motion carried.
APPROVED ON FIRST READING
8. AMENDING CHAPTER 6.03 OF THE CHARTER: (TO1990) Motion to adopt
Ordinance on first reading amending the Tamarac Charter by amending Article VI,
Qualifications and elections, Section 6.03, entitled "Redistricting" to eliminate the
requirement that the Charter Board attend a joint meeting with the City Commission to
accept the report of the Redistricting Committee; providing that if the amendment is
approved by a majority of the voters at the March 11, 2003, election, then such
amendment shall become a part of the City Charter upon certification and acceptance
of the election results; providing for codification. City Attorney Kraft read Temporary
Ordinance 1990 on first reading by title. Vice Mayor Portner seconded by
Commissioner Roberts moved approval. On roll call Vice Mayor Portner voted "yes",
Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
9. AMENDING CHAPTER 8.02 OF THE CHARTER: (TO1991) Motion to adopt
Ordinance on first reading amending the Tamarac Charter by amending Article VIII,
Charter Board, Section 8.02, entitled "Duties and powers", deleting requirement that the
Charter Board participate in the redistricting of the City; providing that if the amendment
is approved by a majority of the voters at the March 11, 2003, election, then such
amendment shall become a part of the City Charter upon certification and acceptance
of the election results; providing for codification. City Attorney Kraft read Temporary
Ordinance 1991 on first reading by title. Commissioner Sultanof seconded by
Commissioner Mishkin moved approval. On roll call Commissioner Sultanof voted
"yes", Commissioner Mishkin "yes", Mayor Schreiber voted "yes", Commissioner
Roberts "yes", and Vice Mayor Portner "yes". Motion carried.
APPROVED ON FIRST READING
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
ORDINANCES -- SECOND READINGS
10. AMENDING CHAPTER 10 OF THE TAMARAC CODE - "LAND
DEVELOPMENT REGULATIONS": (TO1974) Motion to adopt Ordinance on second
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
second reading by title. Commissioner Roberts seconded by Vice Mayor Portner
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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",
Vice Mayor Portner "yes", Commissioner Mishkin "yes", Mayor Schreiber "yes", and
Commissioner Sultanof "yes". Motion carried.
ORDINANCE NO. 2002-29
11. AMENDING CHAPTER 10 OF THE TAMARAC CODE — "LAND
DEVELOPMENT REGULATIONS": (TO1986) Motion to adopt Ordinance on second
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 second reading by title. Commissioner Roberts seconded by
Commissioner Sultanof 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 Sultanof "yes", Vice Mayor Partner "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 2002-30
12. AMENDING CHAPTER 2 OF THE TAMARAC CODE — ELIMINATING
REFERENCE TO THE CHARTER BOARD: (TO1985) Motion to adopt Ordinance on
second reading amending Chapter 2 of the Tamarac Code entitled "Administration",
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 second reading by title. Vice Mayor Portner seconded by
Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing,
and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor
Partner voted "yes", Commissioner Sultanof "yes", Mayor Schreiber "yes",
Commissioner Mishkin "yes", and Commissioner Roberts "yes". Motion carried.
ORDINANCE NO. 2002-31
13. SENIOR HOMESTEAD EXEMPTION: (TO1987) Motion to adopt Ordinance on
second 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 second reading by title. Commissioner Roberts
seconded by Commissioner Mishkin 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 Mishkin "yes", Commissioner
Sultanof "yes", Mayor Schreiber "yes", and Vice Mayor Portner "yes". Motion carried.
ORDINANCE NO. 2002-32
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QUASI-JUDICIAL HEARINGS
14, AMENDING LAND USE ELEMENT IN ACCORDANCE WITH CHAPTER 163 —
WOODLANDS VILLAS FIRST ADDITION: (TO1988) Motion to adopt Ordinance on
first reading adopting an amendment to the Land Use Element of the City
Comprehensive Plan in accordance with Chapter 163, Section 163.3184 of the Florida
Statutes, concerning a Land Use Plan Amendment proposal by Holland and Knight,
LLP to change the use of land described as a Portion of the "Woodlands Villas First
Addition" Plat, according to the Plat thereof as recorded in Plat Book 73, Page 39 of the
Public Records of Broward County, Florida, located at the northwest corner of NW 57th
Street and NW 88th Avenue, from Commercial to Medium Residential (10-16 du/ac)
through issuance of one -hundred thirty-six (136) flexibility units to allow for the
construction of one -hundred thirty-six (136) residential townhome units; comprising of
approximately 6.97 acres (Case No. 3-LUA-02); providing for amendment to the Land
Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance
1988 on first reading by title. Commissioner Sultanof seconded by Commissioner
Mishkin moved approval. City Attorney Kraft explained the quasi-judicial procedures,
and Attorneys Gerry Knight and Steve Feren, representing the applicant, waived their
quasi-judicial rights. Community Development Director King gave a presentation. Vice
Mayor Portner asked for the location of the project; whether it would fall into the area
designated for the main street project; and if the developer is aware of the main street
theme. Community Development Director King said this project would be north of the
main street area and the developer is aware of the theme the city is contemplating; his
project would complement it nicely. Commissioner Roberts said she has a problem
with the formula the school board uses to calculate the number of students that will be
generated from a development, and a letter needs to go out to the school board asking
them to change their formula. Commissioner Roberts said Challenger and Millennium
are already overcrowded. Mayor Schreiber expressed dismay that there are already
portables proposed for the new schools. Mr. Knight spoke about the actual units versus
the anticipated units, and said depending on the bedroom mix, the figure may go lower.
Commissioner Sultanof expressed concern about traffic and entrance onto Pine Island
Road. Community Development Director King said the proposed plan has only one
entrance into the project, and it has been suggested that the entrance be shifted further
north for a full median opening without the necessity of a u-turn. This will necessitate
reduction in the number of units. Additionally, 6,100 trips are proposed if the property
stays zoned commercial, and the proposal with 136 units reduces the number of trips to
800. Vice Mayor Portner said he agrees with Mayor Schreiber and Commissioner
Roberts and said the school board has no vision. Anything that can be done to force
the school board to change the way it makes its calculations should be done. 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", Vice Mayor Portner "yes", and Mayor Schreiber
"yes". Motion carried.
APPROVED ON FIRST READING
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15. SPECIAL EXCEPTION — OCELLO'S WOODMONT CHEVRON: (TR9969)
Motion to approve Resolution granting a Special Exception to allow the operation of a
fast-food subway shop with associated outdoor seating within a B-3 (General Business
District) zoning category to Ocello's Woodmont Chevron, located at 8351 North Pine
Island Road in the Tamarac Town Square shopping center, specifically a portion of the
"Tamarac Town Square" Plat, according to the Plat thereof as recorded in Plat Book
112, Page 1 of the Public Records of Broward County, Florida (Case No. 27-Z-02);
providing for conditions of approval. City Attorney Kraft read Temporary Resolution
9969 by title. Vice Mayor Portner seconded by Commissioner Sultanof moved
approval. City Attorney Kraft explained the quasi-judicial procedures, and Peter Ocello,
President of Ocello's waived his quasi-judicial rights. Community Development Director
King gave a presentation. Mayor Schreiber asked if the surrounding neighbors were
notified of the public hearing, and Community Development Director King said they
were. Commissioner Roberts spoke about the other restaurants in the center, asked
what affect this would have on the students from Taravella High School, and if there
would be parking problems. Commissioner Sultanof said other restaurants and shops
in the center also serve similar food and there is limited parking available.
Commissioner Sultanof also said he is concerned about the outside tables, thought
another small sub shop had been denied outside seating, and asked if this is a
franchise. Mr. Ocello said it is a franchise and only 1/3 the size of free-standing stores.
Mr. Ocello said Taravella High School welcomes the sub shop as it serves healthier
food than McDonalds. He also said he does not anticipate parking problems, and it will
not be a high volume store. The tables would only be 30" round with two seats each.
Commissioner Sultanof asked who would police the children coming over from
Taravella. Mayor Schreiber asked if there were any complaints from neighboring
businesses about the current set up in the gas station, and Mr. Ocello said there had
been no complaints. Mayor Schreiber opened the public hearing and Ginger
Abrahams, 7878 NW 84 Terrace, Tamarac, Executive Secretary of Woodmont
Homeowners Association spoke against the sub shop. With no one else wishing to
speak, Mayor Schreiber closed the public hearing. Vice Mayor Portner asked about the
decor and Mr. Ocello said Subway has a new decor called Tuscanny. Commissioner
Roberts asked if Mr. Ocello would hire security if the request is approved and there is a
problem with the students. Mr. Ocello said he would. On roll call Vice Mayor Portner
voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Mayor
Schreiber "yes", and Commissioner Mishkin "yes". Motion carried.
RESOLUTION NO. R2002-339
16. SPECIAL EXCEPTION — HOLIDAY TILE AND CARPET. (TR9971) Motion to
approve Resolution granting a Special Exception to allow the operation of a decorator
showroom with the retail sale of carpet, tile, window coverings and other related
merchandise within a B-3 (General Business District) zoning category to Holiday Tile
and Carpet, located at 8175 North Pine Island Road in the Tamarac Town Square
shopping center, specifically a portion of the "Tamarac Town Square" Plat, according to
the Plat thereof as recorded in Plat Book 112, Page 1 of the Public Records of Broward
County, Florida (Case No. 24-Z-02); providing for conditions of approval. City Attorney
Kraft read Temporary Resolution 9971 by title. Commissioner Roberts seconded by
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Commissioner Sultanof moved approval. City Attorney Kraft explained the quasi-
judicial procedures, and Larry Nacht, President of Holiday Tile and Carpet waived his
quasi-judicial rights. Community Development Director King gave a presentation.
Mayor Schreiber asked for the location of the store and Community Development
Director King said it is the old pool store south of the Building Department. Vice Mayor
Portner confirmed that no rolls of carpet or remnants would be at the store, which would
necessitate the need for a dumpster, and Mr. Nacht confirmed it would only be a
sample showroom. Mayor Schreiber opened the public hearing and Ginger Abrahams,
7878 NW 84 Terrace, Tamarac, spoke in favor of Mr. Nacht's business. With no one
else wishing to speak, Mayor Schreiber closed the public hearing. On roll call
Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Mayor Schreiber
"yes", Commissioner Mishkin "yes" and Vice Mayor Portner "yes". Motion carried.
RESOLUTION NO. R2002-340
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 10:00 a.m.
JOE SCHREIBER
MAYOR
u
MARION SW NSON, CMC
CITY CLERK
November 27, 2002
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