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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 November 27, 2002 1 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. November 27, 2002 2 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 November 27, 2002 3 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 I=1►Ieh]91K*1Z&-i=1`I r_w=1ki171 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 November 27, 2002 4 "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 November 27, 2002 5 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 November 27, 2002 6 n 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 November 27, 2002 7 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 November 27, 2002 8 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 9