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HomeMy WebLinkAbout1998-01-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, JANUARY 14, 1998 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, January 14, 1998, at 7:00 p.m., in Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT - Mayor Joseph Schreiber Vice Mayor Larry Mishkin Commissioner John E. McKaye Commissioner Karen L. Roberts Commissioner Marc L. Sultanof ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Patricia Marcurio, Assistant City Clerk Phyllis Polikoff, Office Specialist PLEDGE OF ALLEGIANCE AND MOMENT OF MEDITATION: Mayor Schreiber called for the Pledge of Allegiance and a Moment of Meditation in memory of Jerome Fordin and Abe Garr, former City volunteers. INTRODUCTION PRESENTATION by Mayor Schreiber of a proclamation designating the week of January 26 — 30, 1998, as "PARTNERSHIPS WEEK 98". Mayor Schreiber presented the proclamation to Fran Klauber, Sunrise Deputy Mayor. 2. a. PRESENTATION by Mayor Schreiber of a proclamation commemorating Mr. Jim Ayres years of community -spirited service to Tamarac as Manager of Publix Supermarket at Tamarac Town Square. Mayor Schreiber said the proclamation would be mailed because Mr. Ayres was not present. City Commission Regular Meeting January 14, 1998 Page 2 2. b. PRESENTATION by Mayor Schreiber of a proclamation in memory of ABE GARR recognizing his many contributions to the City while serving on the Planning Commission as well as his countless civic endeavors for the residents of Tamarac. Mayor Schreiber presented the proclamation to Mrs. Helen Garr and son Marc who thanked the City for their thoughts. PUBLIC PARTICIPATION 3. PUBLIC PARTICIPATION — Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. Toby Hart, 7325 Corkwood Terrace, commented on pending investigative actions concernin the City Commission with regard to residents of Woodmont. Anne Zimmerman, 8203 NW 73 Terrace, referred to an article in the Forum newspaper concerning Comm. Roberts and the Citizens On Patrol (COP) program. Marvin Seidel, 9645 N. Belfort Circle, referenced the blasting in Land Section 7. A representative from Senator Walter "Skip" Campbell's office read a proclamation in memory of Abe Garr and presented this to Mrs. Garr. CASE SETTLEMENT PUBLIC HEARING 4. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #8071 authorizing the settlement of the Celia Hogan liability claim in the amount of $50,000 of which the City's portion is $25,000 with the balance paid by the City's insurance company. Claim #95-21 C. APPROVED RESOLUTION R-98-1 City Attorney Kraft read Temp. Reso. #8071 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof. Mayor Schreiber opened and closed the public hearing with no discussion. City Commission Regular Meeting January 14, 1998 Page 3 VOTE: ALL VOTED AYE CONSENT AGENDA 5. Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. k. MOTION TO ADOPT Temp. Reso. #8099 approving a request from the Tamarac Chamber of Commerce to waive all permit fees for their carnival. REMOVED for discussion then added back to the Consent Agenda. APPROVED RESOLUTION R-98-11 At the recommendation of City Manager Noe, Comm. McKaye MOVED to REMOVE for discussion, SECONDED by Comm. Sultanof. After discussion, Consent Agenda Item 5.k. was added back to the Consent Agenda. City Attorney Kraft read Revision #2 of Temp. Reso. #8099 by title. Comm. Roberts MOVED to APPROVE Item 5.k. as amended, SECONDED by Comm. Sultanof. VOTE: ALL VOTED AYE a. MOTION TO APPROVE the minutes of the 12/10/97 Regular City Commission meeting. APPROVED as revised. b. MOTION TO ADOPT Temp. Reso. #7956 authorizing the appropriate City officials to execute a Water and Sewer Developer's Agreement with Faith United Church of Christ for the FAITH UNITED CHURCH OF CHRIST SANCTUARY project located at 6201 NW 57 Street. APPROVED RESOLUTION R-98-2 C. MOTION TO ADOPT Temp. Reso. #8025 authorizing the appropriate City officials to execute a Water and Sewer Developer's Agreement with Lennar Homes, Inc., for the EXETER WEST project located south of NW 80 Street between NW 108 Terrace and NW 106 Avenue. APPROVED RESOLUTION R-98-3 d. MOTION TO ADOPT Temp. Reso. #8033 authorizing the appropriate City officials to execute a Water and Sewer Developer's Agreement with McNab Joint Venture for the WENDY'S AT MCNAB MARKETPLACE project located on the northwest corner of McNab Road and University Drive. APPROVED RESOLUTION R-98-4 City Commission Regular Meeting January 14, 1998 Page 4 5. e. MOTION TO ADOPT Temp. Reso. #8079 releasing a cash warranty bond in t amount of $1,831.25 posted for the water distribution system improvements fo the RADIATION THERAPY CENTER project located at 7850 University Drive. APPROVED RESOLUTION R-98-5 MOTION TO ADOPT Temp. Reso. #8093 authorizing the appropriate City officials to purchase Schlumberger Neptune Water Meters from Southeastern Municipal Supply Company (SEMSCO), utilizing City of Pompano Beach Bid No. K-36-97 entitled Water Meters for a maximum cost of $56,195. with funding from the appropriate Utilities Operating accounts. APPROVED RESOLUTION R-98-6 g. MOTION TO ADOPT Temp. Reso. #8086 authorizing the appropriate City officials to approve the purchase of hand held meter reading devices and related equipment from Itron, Inc., and distributed by Software Installed, at a total cost not to exceed $29,240. with funding from the appropriate Utilities Operating accounts. APPROVED RESOLUTION R-98-7 h. MOTION TO ADOPT Temp. Reso. #8097 authorizing the appropriate City officials to purchase two (2) submersible pumps from ABS Pumps, Inc., a single source supplier, at a cost not to exceed $13,400. with funding from the appropriate Utilities Operating accounts APPRAOVED RESOLUTION R-98-8 MOTION TO ADOPT Temp. Reso. #8075 authorizing the appropriate City officials to execute a Joint Funding Agreement with Broward County for the installation of curbing, irrigation and landscaping within the public right-of-way on Pine Island Road between Southgate Boulevard and McNab Road at a cost to the City of $19,125. accepting funding from the County in the amount of $30,875. and approving an interfund transfer from the General Fund to the Grants Fund in the amount of $19,125., amending the annual Grants Fund budget of estimated revenues and expenditures in the amount of $50,000. APPROVED RESOLUTION R-98-9 MOTION TO ADOPT Temp. Reso. #8094 authorizing the appropriate City officials to execute an Amendment to the Agreement with the Tamarac Athletic Federation, Inc., waiving non-resident fees for the Little League season commencing February, 1998. APPROVED RESOLUTION R-98-10 MOTION TO ADOPT Temp. Reso. #8091 authorizing the Risk Manager to administratively address settlement offers regarding Emergency Medical Transport Services provided by the Fire Rescue Department when settlement i in the best interest of the City and the initial bill is less than $500. APPROVED RESOLUTION R-98-12 City Commission Regular Meeting January 14, 1998 Page 5 5. M. MOTION TO ADOPT Temp. Reso. #8102 authorizing the purchase of new and replacement vehicles and heavy equipment utilizing United States General Services Administration, Florida Sheriff's Association and State of Florida Purchasing agreements for an expenditure in an amount not to exceed $453,349. APPROVED RESOLUTION R-98-13 n. MOTION TO ADOPT Temp. Reno., #8105 opposing proposed House Bill 3291 amending Florida Statutes 337,4011 to prohibit municipalities from charging a franchise fee for telecommunication services APPROVED RESOLUTION R-98-14 V/M Mishkin MOVED APPROVAL of Consent Agenda Items 5.a. through 5.n, with the exception of Item 5.k. which was removed for discussion, revised and APPROVED (See Page 3), SECONDED by Comm. Sultanof. VOTE: ALL VOTED AYE END OF CONSENT AGENDA QUASI-JUDICIAL HEARINGS 8. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8078 granting a special exception to permit the on -premises consumption of alcoholic beverages for the Fox's Pizza Den located at 10012 W. McNab Road in the TAMARAC MARKEPLACE PLAZA. Case No. 22-Z-97. APPROVED RESOLUTION R-98-15 City Attorney Kraft read Temp. Reso. #8078 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof. Forrest Wigginton, owner, waived his quasi-judicial rights and made a brief presentation. Jeffrey Miller, Director of Community Development, read the findings of fact. Mayor Schreiber opened the hearing. Muriel Brown, 10536 E. Clairmont Circle, voiced concerns about the restaurant becoming a teenage hangout. Nat Beckman, 9561 N. Belfort Circle, said he was in favor of granting the special exception. Mayor Schreiber closed the hearing with no further discussion. City Commission Regular Meeting January 14, 1998 Page 6 VOTE: ALL VOTED AYE TEMPORARY END OF QUASI-JUDICIAL HEARINGS PUBLIC HEARINGS - 7:30 P.M. 6. PUBLIC HEARING — MOTION TO ADOPT Temp. Ord. #1807 on second reading amending Chapter 14-27 of the City Code entitled "Same -- Fire Access Lanes" by including fire access areas, creating Section 14-27(b), establishing specific penalties for parking in fire lanes and fire access areas. DEFERRED to later in the meeting. See Page 7 for final action. City Attorney Kraft stated the title should reflect "Section" and not "Chapter" and suggested deferring the item until later in the meeting while he spoke with the Assistant City Clerk. 7. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1808 on second reading amending Chapter 14 of the City Code entitled "Motor Vehicles and Traffic", creating Section 14-5 "Parking Enforcement Specialist", allowing the City Manager to appoint Parking Enforcement Specialists according to Florida Statute 316.640(3)(C). APPROVED on second reading. ORDINANCE 0-98-2 City Attorney Kraft read Temp. Ord. #1808 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof. Mayor Schreiber opened the public hearing. Walter Coghlan, 4806 NW 49 Court, questioned the need for a Parking Enforcement Specialist and discussion followed by the Commissioners. Anne Zimmerman, 8203 NW 73 Terrace, said she was in favor of the Parking Enforcement Officer. Gil Narins, 10419 Clairmont Circle, questioned whether civilian volunteers could give out violations and Mayor Schreiber said, yes. Tape 2 Mayor Schreiber closed the public hearing with no further discussion. VOTE: ALL VOTED AYE 1 1 1 City Commission Regular Meeting January 14, 1998 Page 7 6. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1807 on second reading amending Section 14-27 of the City Code entitled "Same — Fire Access Lanes" by including fire access areas, creating Section 14-27(b), establishing specific penalties for parking in fire lanes and fire access areas. DEFERRED on Page 6 APPROVED as amended on second reading. ORDINANCE 0-98-1 City Attorney Kraft read Revision #2 of Temp. Ord. #1807 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof. Mayor Schreiber opened and closed the public hearing with no discussion. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS (Continued) 9. QUASI-JUDICIAL -- MOTION TO ADOPT Temp. Reso. #8081 granting a special exception to allow the construction of MERRILL GARDENS ASSISTED LIVING FACILITY (ALF), a 107 bed, 99 sleeping room (50 dwelling unit) in a B-2 zoning district located on the southeast corner of University Drive and NW 77 Street. Case No. 16-Z- 97. APPROVED RESOLUTION R-98-16 City Attorney Kraft read Temp. Reso. #8081 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye. Susan Motley, representing the petitioner, waived her quasi-judicial rights. Jeffrey Miller read the findings of fact. There was discussion and Mayor Schreiber opened the hearing. Kendi Pouch and Anne Zimmerman, residents, spoke against the project. Mayor Schreiber closed the hearing with discussion from Comm. McKaye and Comm. Roberts. City Commission January 14, 1998 Page 8 VOTE: Comm. McKaye V/M Mishkin Comm. Sultanof Comm. Roberts Mayor Schreiber Regular Meeting AYE AYE AYE NAY AYE 1 10. (QUASI-JUDICIAL — MOTION TO ADOPT Temp. Reso. #8082 granting a vacation of easements for drainage, water and sewer within the property located at the southeast corner of Pine Island Road and McNab Road, specifically a portion of Parcel "R" of the Woodland Lakes plat. Case No. 12-P-97. APPROVED RESOLUTION R-98-17 City Attorney Kraft read Temp. Reso. #8082 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof. Wayne Zufelt, representing the petitioner, waived his quasi-judicial rights. Jeffrey Miller read the findings of fact. Mayor Schreiber opened the hearing. Kendi Pouch, 8240 NW 66 Terrace, spoke against the project. Marvin Seidel, 9645 N. Belfort Circle, questioned whether there would be other stores. Mayor Schreiber closed the hearing with no further discussion. VOTE: ALL VOTED AYE 11.QUASI-JUDICIAL — MOTION TO ADOPT Temp. Reso. #8083 issuing Revised Development Order No. 008.1 and granting new development site plan approval to WALGREENS for the construction of a 14,733 square foot building located on the southeast corner of Pine Island Road and McNab Road. Case No. 35-SP-97. APPROVED RESOLUTION R-98-18 City Attorney Kraft read Temp. Reso. #8083 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof. Wayne Zufelt, representing the petitioner, waived his quasi-judicial rights and made a presentation. City Commission Regular Meeting January 14, 1998 Page 9 Jeffrey Miller read the findings of fact. Mayor Schreiber opened the hearing. Muriel Brown, 10536 E. Clairmont Circle, questioned the adequacy of the parking spaces. Mayor Schreiber closed the hearing with no further discussion. VOTE: 12. Cty Commission Comm. Roberts - no report. Comm. McKaye - no report. V/M Mishkin - no report. Comm. Sultanof - no report. ALL VOTED AYE END OF QUASI-JUDICIAL HEARINGS REPORTS Mayor Schreiber commented on a proposed adult living facility (ALF), renovations to Sunshine Plaza, commendations to Jeffrey Miller, FY 1996-97 report indicating a surplus of over 3 million dollars and emergency medical service (EMS) fees. 13. City Attorney City Attorney Kraft - no report. 14. City Manager City Manager Noe voiced concerns regarding the comments made by Mayor Schreiber concerning the 3 million dollar surplus. 1 City Commission Regular Meeting January 14, 1998 Page 10 With no further discussion, Mayor Schreiber adjourned the meeting at 8:10 p.m. Patricia Marcurio, CIVIC Assistant City Clerk Joe Schreiber Mayor CITY OF TAMARAC APPROVED AT MEETING OF 91:L4a g l 9 `J 8' 1 1