HomeMy WebLinkAbout2002-12-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY DECEMBER 11, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to
order at 7:00 p.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.
PLEDGE OF ALLEGIANCE: Mayor Schreiber asked Vice Mayor Portner to lead the pledge
of allegiance.
1. PROCLAMATIONS/SPECIAL RECOGNITIONS:
a. Presentation of a proclamation in memory of Herman Gross. Mayor Schreiber said
Mrs. Gross was unable to appear and this would be presented at a later date.
b. Presentation by Mayor Schreiber of a proclamation in memory of Benjamin Portner.
Vice Mayor Partner accepted, then presented the proclamation to his aunt, who said this is
a great honor and expressed thanks.
C. Presentations by Mayor Schreiber and Commissioners of Veterans' Day Parade
Trophies:
(1) Mayor's Cup, presented by Mayor Schreiber to the Parks and Recreation
Department. Special Events Manager Nevadomski accepted and said this was a citywide
effort and thanked all the departments for making the event a big success.
(2) Vice Mayor's Cup, presented by Vice Mayor Portner to Millennium Middle
School band. Dr. Cheryl Cendan, principal, and Stan Dmitrenko, band director, accepted
and expressed thanks.
(3) Commissioner's Cup, presented by Commissioner Sultanof to Challenger
Elementary School. Commissioner Roberts accepted on behalf of Challenger Elementary
and said she would pass the trophy on to the school.
REPORTS
2. City Commission: Mayor Schreiber said tonight is the last regular City Commission
meeting of the year, and it has been a great year. The city has done well, many projects
were initiated and Tamarac has gained recognition as the finest city in Broward County.
Mayor Schreiber wished everyone a happy holiday and new year.
Commissioner Roberts congratulated all of the Veterans' Day parade winners and wished
everyone happy holidays.
December 11, 2002
1
Vice Mayor Portner echoed Mayor Schreiber's comments regarding Tamarac, and said our
City Commission does its best and works well together. Vice Mayor Portner wished
everyone Merry Christmas, Happy Hanukkah and a healthy, happy new year.
Commissioner Sultanof extended wishes for a happy and healthy holiday, and said
Tamarac is the fastest growing city in Broward County. Commissioner Sultanof said the
Commission works as a team and this year's Veterans' Day parade and cups were the best
yet.
Commissioner Mishkin wished everyone a healthy and happy new year
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: City Manager Miller announced that Tamarac was awarded two
grants from Broward County; a $50,000 Broward Boating Improvement grant and a $10,000
Broward Beautiful grant. The Building Department reports the issuance of the building
permit for the new Broward County Library in Tamarac. Tamarac Fire Rescue has begun
its annual toy drive; donations may be dropped off at the two fire stations. The Fire Rescue
Cadet program is in its second year and provides interested teens the opportunity to learn
about emergency services. City Manager Miller wished Mayor Schreiber, the
Commissioners and tonight's audience happy holidays.
5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72nd Street, Tamarac, wished
the City Commission and staff a happy and healthy new year. Stewart Webster, 7900
Colony Circle, South, Tamarac, wished everyone complements of the season, and said
Tamarac is spoken of well throughout the County. Mr. Webster commended Tamarac on
the bikeway project on Southgate at the C-14 Canal, and commended BSO for bicycle
police along Lagos de Campo as well as their initiative with teenagers.
CONSENT AGENDA
6. Vice Mayor Partner seconded by Commissioner Sultanof moved the addition of
Temporary Resolution 10006 to the consent agenda as item 60). Temporary Resolution
10006, a Resolution of the City Commission of the City of Tamarac, Florida, expressing
support for the Part 150 Noise Study update recommendations for the Fort Lauderdale
Executive Airport; authorizing the City Clerk to transmit copies of the Resolution (Case No.
21-mi-02); providing for conflicts; providing for severability; and providing for an effective
date.
Commissioner Roberts moved removal of Item 6(g) from the consent agenda for
discussion. Mayor Schreiber passed the gavel to Vice Mayor Portner and seconded the
motion. On roll call Commissioner Roberts voted "yes", Mayor Schreiber "yes", Vice Mayor
Portner "no", Commissioner Mishkin "no", and Commissioner Sultanof "no". Motion failed.
Commissioner Sultanof seconded by Commissioner Mishkin moved approval of all items on
the consent agenda, including Item 6(j), Temporary Resolution 10006. On roll call
December 11, 2002
2
Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Vice Mayor Portner "yes",
Mayor Schreiber "yes", and Commissioner Roberts "no". Motion carried.
a. APPROVE the minutes of the November 27, 2002 regular commission meeting.
APPROVED
b. MODEL SALES PERMIT — CATALINA PLACE: (TR9988) Granting a Model Sales
Permit for a six (6) month period for the Catalina Place townhome development
located at the northwest corner of NW 64th Street and NW 74th Avenue (Case No.
2-MS-02).
RESOLUTION NO. R2002-348
C. RENEWAL OF STATE CONTRACT FOR PRO CARD SERVICES THROUGH
BANK OF AMERICA-,, N.A.- (TR9903) Accepting Amendment No. 4 to State of
Florida Contract #973-120-97-1 with Bank of America, N.A. authorizing a five-year
renewal term effective through July 4, 2007 for continuation of the City's purchasing
card program.
RESOLUTION NO. R2002-349
d. PURCHASE OF AGGREGATES TOP DRESSING AND SAND: (TR9986) Utilizing
Broward County Bid #E702156G1, issued on behalf of the Southeast Florida
Governmental Purchasing Cooperative, for the purchase of aggregates, top dressing
and sand from Tenex Enterprises, Inc. for Public Works and other city-wide projects
in an amount not to exceed $134,300.
RESOLUTION NO. R2002-350
e. AGREEMENT — BROWARD COUNTY — LANDSCAPING AND IRRIGATION:
(TR9970) Executing a joint participation agreement with Broward County for the
installation of landscaping and irrigation within the medians of Prospect Road
between NW 28 Avenue and NW 24 Avenue at an estimated total cost of $434,612;
accepting funding from Broward County for up to 61.75% of the total estimated cost
up to a maximum amount not to exceed $269,000; amending the annual capital
improvement project fund budget in the amount of $269,000 for proper accounting
procedures.
RESOLUTION NO. R2002-351
f. AGREEMENT WITH FPE — OCTOBER 1, 2002-SEPTEMBER 30, 2005: (TR9996)
Executing an agreement with the Federation of Public Employees, a Division of the
National Federation of Public and Private Employees affiliated with District 1-MEBA
(AFL-CIO) for the period from October 1, 2002 through September 30, 2005.
RESOLUTION NO. R2002-352
g. CITY COMMISSION RULES OF PROCEDURE: (TR9995) Amending Resolution No.
R-2002-327, 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. R2002-353
h. AGREEMENT — TAMARAC ATHLETIC FEDERATION: (TR9984) Executing an
agreement between the City of Tamarac, the Tamarac Athletic Federation, Inc., and
TAF member leagues to provide for organized sports activities.
RESOLUTION NO. R2002-354
i. PURCHASE AGREEMENT BETWEEN FDOT AND TAMARAC — PERPETUAL
ACCESS ROAD AND MAINTENANCE EASEMENT ALONG THE L-36 CANAL TO
December 11, 2002
3
FDOT: (TR9997) Executing a purchase agreement between the State of Florida
Department of Transportation (FDOT) as grantee and the City of Tamarac as grantor
in the amount of Ten Thousand Three Hundred Ninety -Five Dollars ($10,395.00) for
the granting of a perpetual access road and maintenance easement along the L-36
canal to FDOT; authorizing the appropriate city officials to execute a Public
Disclosure Affidavit required by F.S.§286.23.
RESOLUTION NO. R2002-355
j. FORT LAUDERDALE EXECUTIVE AIRPORT PART 150 NOISE STUDY UPDATE
RECOMMENDATIONS: (TR10006) Expressing support for the Part 150 Noise
Study update recommendations for the Fort Lauderdale Executive Airport;
authorizing the City Clerk to transmit copies of the Resolution (Case No. 21-MI-02).
RESOLUTION NO. R2002-356
END OF CONSENT AGENDA
REGULAR AGENDA
7. USE OF FUNDS THROUGH THE HOME INVESTMENT PARTNERSHIPS
PROGRAM CONSORTIUM: (TR9993) Motion to approve resolution approving the
completion and subsequent submission of the program description application to Broward
County upon its availability for the use of funds through the HOME Investment Partnerships
Program Consortium for the City of Tamarac's Minor Home Repair Program with an option
to shift funding into the First -Time Homebuyers' purchase assistance should all minor home
repair applications be addressed and remaining funds are available for the First -Time
Homebuyer Program; approving the City's designation of federally required set -aside of
fifteen (15%) percent for the Community Housing Development Organization (CHDO) to be
pooled with Broward County's for the first year with an option to renew for the second and
third year of the program (Case No. 20-MI-02). City Attorney Kraft read Temporary
Resolution 9993, revision 3, by title. Vice Mayor Portner seconded by Commissioner
Sultanof moved approval. Vice Mayor Portner asked for clarification of the 15% set aside
and Community Development Director King responded it is a statutory administration fee
that will be pooled with the consortium run by Broward County. On roll call Vice Mayor
Portner voted "yes", Commissioner Sultanof "yes", Mayor Schreiber "yes", Commissioner
Roberts "yes", and Commissioner Mishkin "yes". Motion carried.
RESOLUTION NO. R2002-357
111-3 III [*I:I =F_1011!1*40110 a A we]:i1:T4:7 ilea_ :7
8. CAPER FY2001: (TR9987) Motion to approve Resolution approving the
Consolidated Annual Performance Evaluation Report (CAPER FY 2001) for the U.S.
Department of Housing and Urban Development (HUD) Community Development Block
Grant (CDBG) Program for HUD's Fiscal Year 2001 (Case No. 19-MI-02). City Attorney
Kraft read Temporary Resolution 9987 by title. Commissioner Sultanof seconded by Vice
Mayor Portner moved approval. Mayor Schreiber opened the public hearing, and with no
December 11, 2002
4
one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted
"yes", Vice Mayor Portner "yes", Commissioner Mishkin "yes", Mayor Schreiber "yes", and
Commissioner Roberts "yes". Motion carried.
RESOLUTION NO. R2002-358
ORDINANCES — SECOND READINGS
9. AMENDING CHAPTER 6.02 OF THE CHARTER: (TO1989) Motion to adopt
Ordinance on second readinq 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 second reading by title. Commissioner Sultanof 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 Sultanof
voted "yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", Vice Mayor Portner
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-33
10. AMENDING CHAPTER 6.03 OF THE CHARTER: (TO1990) Motion to adopt
Ordinance on second 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
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", Commissioner Mishkin "yes", Mayor Schreiber "yes", and Commissioner
Roberts "yes". Motion carried.
ORDINANCE NO. 0-2002-34
11. AMENDING CHAPTER 8.02 OF THE CHARTER: (TO1991) Motion to adopt
Ordinance on second _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
second reading by title. Commissioner Mishkin 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 Mishkin voted "yes",
December 11, 2002
5
Commissioner Sultanof "yes", Commissioner Roberts "yes", Vice Mayor Portner "yes" and
Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-35
QUASI-JUDICIAL HEARINGS
12. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN —
TAMARAC PUBLIC SERVICES COMPLEX: (TR9989) Motion to approve Resolution
issuing Revised Development Order No. 235.2 and granting Major Revised Site Plan
approval to allow the construction of a 10,000 square foot addition to the Tamarac Public
Services Complex building with a 4,000 square foot storage shed and associated parking,
located at 6001-6011 Nob Hill Road, specifically a portion of Tract "1" of the "Tamarac
Utilities Administration Plat", according to the Plat thereof as recorded in Plat Book 143,
Page 28 of the Public Records of Broward County, Florida (Case No. 27-SP-02) pursuant to
Chapter 10 of the Code of Ordinances of the City of Tamarac; providing for conditions of
approval. City Attorney Kraft read Temporary Resolution 9989 by title. Commissioner
Sultanof seconded by Commissioner Mishkin moved approval. City Attorney Kraft
explained the quasi-judicial procedures and said the city is the petitioner and waives its
quasi-judicial rights. Community Development Director King gave a presentation and
introduced Scott Weik, Miller Construction Company. Mr. Weik gave a presentation and
introduced Steve Knight, Hanson Architectural Group. There was discussion about the
appearance of a tower and Vice Mayor Portner, Commissioner Roberts and Commissioner
Sultanof were in agreement that an arched effect would give a softer appearance to the
building and distinguish it from other buildings with towers. Mayor Schreiber opened the
public hearing and Burt Schneider, 8016 NW 72nd Street, Tamarac, spoke in support of an
arch theme. With no one else wishing to speak, Mayor Schreiber closed the public hearing.
There was discussion about approving the site plan with the understanding that the architect
would investigate alternative designs. Commissioners Sultanof and Mishkin asked what the
cost would be to change the design to eliminate the tower and replace it with an arch.
Community Development Director King said this could be discussed at a workshop. On roll
call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Mayor Schreiber
"yes", Commissioner Roberts "yes", and Vice Mayor Portner "yes". Motion carried.
RESOLUTION NO. R2002-359
13. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN —
WESTPOINT INDUSTRIAL, LTD.: (TR9990) Motion to approve Resolution issuing Revised
Development Order No. 315.7 and granting New Development Site Plan approval to
Westpoint Industrial, Ltd. to allow the construction of a 65,000 square foot warehouse
facility with associated truck apron, employee and visitor parking, landscaping and
infrastructure improvements, located at the northwest corner of Hiatus Road and State
Street (Westpoint Centre), specifically a Parcel of land being a portion of 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. 24-SP-02); providing
for conditions of approval. City Attorney Kraft read Temporary Resolution 9990 by title.
Commissioner Sultanof seconded by Commissioner Roberts moved approval. City
Attorney Kraft explained the quasi-judicial procedures, and Malcolm Butters, Butters
December 11, 2002
6
i]
Construction and Development Company, property owners, waived his quasi-judicial rights.
Community Development Director King gave a presentation. Commissioner Sultanof said
his concern, and Commissioner Roberts agreed, is that Tamarac Commerce Park rather
than Westpoint is a preferred name for the center. Mr. Butters said he would look into
whether the name goes with the land. Mayor Schreiber opened the public hearing and with
no one wishing to speak, Mayor Schreiber closed the public hearing. On roll call
Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Mishkin
"yes", Vice Mayor Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-360
END OFQUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
Commissioner Roberts expressed disappointment with the Commissioners for not voting in
favor of removing a consent item for discussion.
There being no further business to come before the Commission, Mayor Schreiber
adjourned the meeting at 8:20 p.m.
JOE SCHREIBER
MAYOR
MARION SWENSON, CMC
CITY CLERK
3 tz a r
•`.+ � ......�da' Arai tt�_, G OF
December 11, 2002
7