The URL can be used to link to this page

Home My WebLink About2001-12-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY DECEMBER 12, 2001 CALL TO ORDER: Mayor Schreiber called the regular City Commission meeting to order at 7:00 p.m. on Wednesday, December 12, 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. Partner, 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. PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance and a moment of silence in memory of John Assenzio, who served as chairperson on the Insurance Advisory Board. 1. PRESENTATIONS by Mayor Schreiber of Veterans' Day Parade Trophies: (a) Mayor's Cup: Challenger Elementary School, Kathleen Goldstein, Principal, 5703 NW 94 Avenue, Tamarac, Florida 33321. Kathleen Goldstein, PTA President Karen McKenzie, Parents Charles and Jennifer Miller, and Toni Wolfe accepted. Ms. Goldstein thanked the Mayor and Commissioners, and thanked Commissioner Partner for coming to the school and speaking to the 51" Grade class. (b) Vice Mayor's Cup: Coral Springs High School Band (The Marching Colts), Brett M. Dawson, Band Director, 7201 West Sample Road, Coral Springs, FI 33065. Vice Mayor Sultanof presented the trophy to Gary Jordan, president of the band association. Mr. Jordan said participation in a marching band fosters discipline, respect and pride in the students, in addition to an education in music. (c) Commissioner's Cup: Tamarac Bulldogs, Diane Goodman, President, 8041 W McNab Road, Tamarac, FL 33321. Commissioner Roberts presented the trophy to Diane Goodman and thanked her for the great job. Ms. Goodman said she is the new president of the organization, having been involved with the Bulldogs for years. The Bulldogs have a wonderful collaborative relationship with Tamarac and appreciate the city's support. 2. PRESENTATION by Mayor Schreiber of a proclamation commending and congratulating Anastagia Pierre on being crowned the 2001 Junior Orange Bowl Queen. Ms. Pierre expressed thanks and said it is an honor to be here and thanked Commissioner Roberts for her letter. 3. PRESENTATION by Mayor Schreiber of a proclamation commending Pete lerardi for his participation at ground zero after the September 11t" event. Mr. lerardi accepted and said all fire and police personnel are heroes. a) PRESENTATION by Mayor Schreiber of a proclamation commending Scott R. Behrje on attaining the rank of Eagle Scout. Mr. Behrje accepted and thanked the city for honoring him. December 12, 2001 1 4. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 St., spoke against the Commission's membership in the Woodmont Country Club and asked that records of expenditures be made available. Mayor Schreiber said this is public record. Mr. Schneider thanked City Manager Miller and Public Works Director Verma for their prompt response in addressing problems with irrigation of medians on 70th Street. c7 � 1i1.0 &19 5. City Commission: Commissioner Roberts welcomed everyone attending tonight's meeting and congratulated the trophy and proclamation recipients. Commissioner Roberts said Tamarac Elementary will host Winterfest tonight from 6-9 p.m., Challenger Elementary's Winterfest will be held Thursday, December 13, from 5:30-8:30 p.m., and BSO and the Fire Department are collecting toys for needy families. Commissioner Roberts wished everyone a happy holiday and new year. Commissioner Portner said he is the proud father of State Representative Stacy Ritter and referenced a newspaper article in which she said she votes as a mother. Commissioner Portner said he attended the National League of Cities conference in Atlanta and spoke about the information he brought back with him. Commissioner Portner wished everyone a happy and healthy season and new year. Vice Mayor Sultanof wished everyone a happy and healthy New Year and wonderful holiday, and said Tamarac is the best city in Broward County, and he appreciates the opportunity to work with this wonderful commission. Commissioner Mishkin said we all need each other, and it is important to all work together. The Commission is working for the residents. Commissioner Mishkin wished everyone a happy and healthy new year. Mayor Schreiber said this is the best time of year, where everyone cares for each other, and it would be nice for people to feel like this throughout the year. Mayor Schreiber said he also attended the National League of Cities conference and spoke about the water plant and education system in Atlanta. Mayor Schreiber said he brought back materials and ideas to help Tamarac. Mayor Schreiber wished everyone a healthy and happy new year. 6. City Attorney: City Attorney Kraft had no report. 7. City Manager: City Manager Miller announced that the Finance Department received the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ending September 30, 2000. A formal presentation of the award will be made in January. Purchasing/Contracts Manager Lynda Flurry received an award from the National Institute of Governmental Purchasing Association of Southeast Florida for her work on the 4th Annual Reverse Trade Show held at the Community Center. The Fire Department is coordinating the annual toy drive; unopened and unwrapped gifts may be dropped off at City Hall, the Community Center and fire stations. City Manager Miller reported there will be a blood drive at the Community Center on December 28th from 8:30 a.m. to 12:30 p.m. This year's holiday lighting ceremony on November 29th had the largest attendance ever with over 500 people participating. The Holiday Craft fair held at the Community Center on December Vt and 2nd December 12, 2001 2 hosted 14 vendors and 450 shoppers. Last week, another of the management practices goals outlined in the Strategic Plan was met with the introduction of the Management Development Program. Managers in the city will participate in this training over the next 2 years. City Manager Miller said City of Tamarac employees raised $8,668 for United Way, exceeding last year's total, and he congratulated them for their generosity. Utilities Director Gagnon, United Way coordinator, was appointed to serve on the United Way of Broward County's Annual Allocation Committee. City Manager Miller wished everyone a happy holiday season. CONSENT AGENDA 8. Commissioner Portner seconded by Commissioner Roberts moved removal of item 80) from the consent agenda to the regular agenda. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Commissioner Mishkin "yes", Vice Mayor Sultanof "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Portner seconded by Commissioner Roberts moved approval of all items on the consent agenda except for 80) which was removed for discussion. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the November 28, 2001 Regular Commission meeting. APPROVED b. APPROVE the minutes of the November 28, 2001 Special Commission meeting. APPROVED C. BILL OF SALE ABSOLUTE - SAINT MALACHY CATHOLIC CHURCH: (TR9597) Accepting a Bill of Sale Absolute from Rev. John C. Favalora, as Archbishop of the Archdiocese of Miami for the Water Distribution System Improvements installed for the Saint Malachy Catholic Church Project, located at 6200 North University Drive, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-360 d. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT - TUBBY'S FOOD STORE: (TR9608) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with Sonny Gentile for a sign to be constructed within utility easements on the Tubby's Food Store site located at 6980 West McNab Road; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2001-361 e. WATER AND SEWER UTILITY EASEMENT - WASTEWATER PUMP STATION NO. 25 REHABILITATION: (TR9585) Accepting and executing a "Tamarac Water and Sewer Utility Easement" with Norene K. Damico for the Wastewater Pump Station No. 25 Rehabilitation Project, located at 9200 NW 70t" Street, to allow legal access for installation, maintenance and operation of a Wastewater Pump Station; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2001-362 December 12, 2001 3 f. MASTER LEASE -PURCHASE AGREEMENT - FINANCING OF FLEET VEHICLES: (TR9630) Executing and delivering certain lease documents in connection with the proposed financing of fleet vehicles in an amount not to exceed $195,000 under a Master Lease -Purchase Agreement between the City of Tamarac and Kislak National Bank; amending the annual budget of estimated revenues and expenditures for the purchase. RESOLUTION NO. R2001-363 g. PURCHASE OF REPLACEMENT VEHICLES: (TR9633) Purchasing replacement vehicles utilizing the Florida Sheriff's Association Bid #01-09-0904; authorizing an expenditure in an amount not to exceed $195,000. RESOLUTION NO. R2001-364 h. VACATION OF EASEMENT - TRACT "B" OF THE "WESTPOINT SECTION 7" PLAT: (TR9617) Granting a Vacation of Easement of a fifteen foot (16) utility easement located within a conservation drainage easement area west of Hiatus Road between McNab Road and Commercial Boulevard, specifically Tract "B" of the "Westpoint Section 7" Plat, according to the Plat thereof as recorded in Plat Book 162, Page 23 of the Public Records of Broward County, Florida; (Case No. 10-P-01). RESOLUTION NO. R2001-365 i. PURCHASE OF HTE SOFTWARE: (TR9632) Approving the purchase of E- Government and Human resources Software from HTE, Inc., at a cost of $52,750, including training and installation. RESOLUTION NO. R2001-366 j. AGREEMENT - EMPLOYEE ASSISTANCE PROGRAM: (TR9607) Executing a two- year contract for the City's Employee Assistance Program with Magellan Behavioral Health, Inc., effective January 1, 2002; approving the appropriate budgetary transfer of funds. REMOVED FOR DISCUSSION k. AMENDMENT - CLASSIFICATION AND PAY PLAN: (TR9634) Amending the City's Classification and Pay Plan for Executive, Managerial/Professional and Administrative Non -Bargaining Employees effective January 1, 2002. RESOLUTION NO. R2001-367 I. AGREEMENT — METROPCS _ CALIFORNIA/FLORIDA, INC. — TELECOMMUNICATIONS ANTENNA/EQUIPMENT: (TR9616) Executing an agreement with Metropcs California/Florida, Inc. for the installation of a telecommunications antenna and associated equipment on the existing tower at the City's Water Treatment Plant property; authorizing the appropriate City officials to execute any permit applications as may be required on behalf of the City as owner of the property. RESOLUTION NO. R2001-368 December 12, 2001 4 1 1 END OF CONSENT AGENDA REGULAR AGENDA 80). AGREEMENT - EMPLOYEE ASSISTANCE PROGRAM: (TR9607) Executing a two- year contract for the City's Employee Assistance Program with Magellan Behavioral Health, Inc., effective January 1, 2002; approving the appropriate budgetary transfer of funds. City Attorney Kraft read Temporary Resolution 9607, revision #1, by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. City Manager Miller said additional discussion with Magellan was held and a better contract was negotiated which saves money and provides a more favorable agreement for the city. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2001-369 ORDINANCES — FIRST READINGS 9. AMENDING CHAPTER 18 - SIGNS & ADVERTISING: (TO1955) Motion to adopt Ordinance on first reading amending Chapter 18, Signs and Advertising, Article II, Signs, Division 5, Temporary Signs, Section 18-86, Political Signs, clarifying that removal requirements apply to signs associated with an election or ballot issue; providing that signs promoting issues not associated with an election or ballot issue are not subject to removal requirements; providing for codification. City Attorney Kraft read Temporary Ordinance 1955 on first reading by title. Vice Mayor Sultanof seconded by Commissioner Mishkin moved approval. On roll call Vice Mayor Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING 10. AMENDING SECTION 12.08 OF THE TAMARAC CHARTER — LIMITATIONS ON SUITS FOR DAMAGES: (TO1954) Motion to adopt Ordinance on first reading amending Article XII, Section 12.08, of the Tamarac Charter entitled "Limitations on suits for damages", revising the time limit for providing the written notice of damage or loss required before a claim or cause of action may be brought against the city; providing that if the amendment is approved by a majority of the voters at the March 12, 2002, 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 1954, revision #1, on first reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Commissioner Roberts asked if this would be on the ballot for everyone and City Attorney Kraft responded in the affirmative. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Mishkin "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING 11. AMENDING CHAPTER 7 - FIRE PREVENTION AND PROTECTION: (TO1929) Motion to adopt Ordinance on first reading amending Chapter 7, Fire Prevention and Protection, creating Section 7-55, of the Tamarac Code, to create the Community Automated External Defibrillator Program; providing for codification. City Attorney Kraft read Temporary December 12, 2001 5 Ordinance 1929, revision #3, on first reading by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER 12. BROWARD COUNTY LAND PRESERVATION PROGRAM - OPEN SPACE PARCELS: (TR9631) Executing two (2) applications for Open Space Acquisition to the Broward County Land Preservation Program in the amounts of $2,000,000 each for funding for the Kings Point Replat Parcel R and for the Island Property (Lyons Industrial Park Parcel P). City Attorney Kraft read Temporary Resolution 9631 by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. Assistant to the City Manager Diane Phillips gave a presentation. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72 St., questioned the location of the parcel on 57th Street. Mayor Schreiber said the parcel is behind Tamarac Jewish Center, along 94th Avenue opposite Challenger Elementary. 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. RESOLUTION NO. R2001-370 QUASI-JUDICIAL HEARINGS 13. SPECIAL EXCEPTION — PICCADILLY CAFETERIA: (TR9605) Motion to approve Resolution granting a Special Exception to permit the on -site consumption of alcoholic beverages (beer and wine) in a B-2 (Community Business District) zoning category for Piccadilly Cafeteria, located at 7200 North University Drive, specifically Parcel "A" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida (Case No. 24-Z-01); providing for conditions of approval. City Attorney Kraft read Temporary Resolution 9605 by title. Commissioner Roberts seconded by Vice Mayor Sultanof moved approval. City Attorney Kraft explained the quasi-judicial procedures, and Larry Braidlow, General Manager and Vice President of Piccadilly Cafeteria, waived the quasi-judicial formalities. Community Development Director King gave a presentation. Vice Mayor Sultanof asked about the hours of operation and alcoholic consumption. Mr. Braidlow said the hours are 11:00 a.m. to 8:30 p.m. daily and alcohol consumption would be allowed onsite only with no carryout. Commissioner Portner questioned the meaning of changing times and increase in competition, and whether Piccadilly is drawing a younger crowd now. Mr. Braidlow said there is increasing competition with more people wanting alcoholic beverages with their meals and there are more young people in the area. Commissioner Roberts said people in her neighborhood are excited with the prospect of having wine with their meals. Mayor Schreiber opened the public hearing. Jack McParlane, 7300 Westwood Dr., questioned alcoholic beverage licenses. Community Development Director King said the applicant will be required to apply for a 2COP alcohol license from the state, which will need to be signed off on by Community Development. With 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. December 12, 2001 6 RESOLUTION NO. R2001-371 14. SPECIAL EXCEPTION - WESTWOOD APARTMENTS: (TR9432) Motion to approve Resolution granting a Special Exception to allow the construction of more than one (1) principal building on a plot in an R-4A (Planned Apartment District) zoning category to Westwood Apartments, located on Nob Hill Road and Westwood Drive; specifically Parcel "A" of the "Nab Hill/Westwood Plat", according to the Plat thereof as recorded in Plat Book 144, Page 3 of the public records of Broward County, Florida; Case No. 2-Z-01; providing for condiQons of approval. City Attorney Kraft said Item #15 is a companion item and could be heard concurrently. City Attorney Kraft read Temporary Resolution 9432 by title. Commissioner Partner seconded by Commissioner Mishkin moved approval. City Attorney Kraft read Temporary Resolution 9433 by title. Commissioner Portner seconded by Commissioner Mishkin moved approval. City Attorney Kraft said both items were originally heard on July 11 and August 22, 2001, both were denied, litigation was filed, an executive session was held, and a motion to re -hear made. City Attorney Kraft explained the quasi- judicial procedures for both Temporary Resolutions 9432 and 9433 and Attorney Rod Feiner, representing the applicant, waived the formalities but not the substance of the quasi-judicial procedures. Mr. Feiner asked that the proceedings from the previous hearing be entered into the record. Community Development Director King gave a presentation on Temporary Resolutions 9432 and 9433. City Attorney Kraft said the testimony of the previous hearing is the evidence requested to be entered into the record. Mayor Schreiber opened the public hearing. Len Ronik, 9818 Malvern Drive, Diane Glasser, 9507 NW 72 Court, Sam Izenwasser, 9820, Malvern Drive, Nicholas Arrazo, 7302 Westwood Dr., Mimi Barrish Bernstein, 9927 Malvern Dr., Joseph Carrier, 9910 Westwood Dr., Linda Goddard, 97th Ave., Bob Thomas, 10318 NW 715t PI., and Jack McParlane, 7300 Westwood Dr., all spoke in opposition to the project, citing traffic and safety. Marvin Seidel, 9645 N. Belfort, spoke about widening the streets and installing sidewalks. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Mishkin "no", Vice Mayor Sultanof "no", Commissioner Roberts "yes", and Mayor Schreiber "no". Motion failed. 15. REVISED DEVELOPMENT ORDER - WESTWOOD APARTMENTS (TR9433) Motion to approve Resolution issuing Revised Development Order No. 229.5 and granting New Development Site Plan approval to Westwood Apartments to allow the construction of sixty- two (62) garden apartment units with associated parking, landscaping and infrastructure improvements, located at Nob Hill Road and Westwood Drive; specifically Parcel "A" of the "Nob Hill/Westwood Plat", according to the Plat thereof as recorded in Plat Book 144, Page 3 of the public records of Broward County, Florida; Case No. 2-SP-01. Commissioner Mishkin withdrew her second to the motion. Motion died for lack of a second. END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS 16. WATER AND SEWER DEVELOPER'S AGREEMENT - WESTWOOD APARTMENTS (THIS IS NOT PUBLIC HEARING): (TR9404) Motion to approve Resolution accepting and executing a Water and Sewer Developer's Agreement with Nob Hill Landings, L.L.C., for the December 12, 2001 7 Westwood Apartments Project, located on the north side of Westwood Drive just east of Nab Hill Road for three residential water and sewer building connections requiring 45.9 ERC's for water and 45.9 ERC's for sewer; requiring the payment of $146,880.00 in CIAC fees; authorizing and directing the City Clerk to record said Agreement in the public records of Broward County. No vote was taken as consideration of this item was contingent upon passage of Items 14 and 15. There being no further business to come before the City Commission, Mayor Schreiber adjourned the Regular City Commission meeting at 8:45 p.m. "' •M1 A o � _ • J E SCHREIBER, MAYOR CITY OF TAMARAC APPROVED AT I MEETING OF (� 9 2002- December 12, 2001 8 1 1