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Home My WebLink About1998-02-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, FEBRUARY 25, 1998 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, February 25, 1998, at 9:00 a.m. in Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT - Mayor Joseph Schreiber Commissioner John E. McKaye Commissioner Karen L. Roberts Commissioner Marc L. Sultanof ABSENT AND EXCUSED: Vice Mayor Larry Mishkin ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Patricia Marcurio, CMC, Assistant City Clerk Nancy Wilson, Media Coordinator PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the Pledge of Allegiance. INTRODUCTION PRESENTATION by Mayor Schreiber of Certificates of Retirement to the following employees: Thelma Herbst Finance Valentin Jakolenko Public Works Rothschild Larrieux Utilities Doris Mazen Finance Ted Lewis Scott Public Works Mayor Schreiber and City Manager Noe presented the Certificates of Retirement to those named above. LJ City Commission Regular Meeting February 25, 1998 Page 2 2. a. PRESENTATION by Mayor Schreiber of Certificates of Appreciation to the members of the REDISTRICTING COMMITTEE. Mayor Schreiber presented the Certificates of Appreciation to Chairman Bruce Hoffman, John Farley and William Norkunas and Sam Pizzarello. b. MOTION TO ADOPT Temp. Reso. #8085 discharging the REDISTRICTING COMMITTEE in conformance with Section 6.03 of the City Charter. APPROVED RESOLUTION R-98-46 City Attorney Kraft read Temp. Reso. #8085 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: PUBLIC PARTICIPATION ALL VOTED AYE 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. Gil Narins, 10419 Clairmont Circle, commented on statements and voting by the City Commission and destruction of records involving former Internal Auditor, Lisa Strader. Sylvia Klau and Teresa Agozzino, Isles of Tamarac, spoke about the condition of the trees and telecommunications tower and an accounting of the monies received from parties using the tower. Terri Tomassi, resident and former employee, spoke on the City Manager's proposed salary increase, legislation naming the Personnel Director as a City designated agent and sexual harassment lawsuits. City Commission Regular Meeting February 25, 1998 Page 3 REPORTS 4. City Commission Comm. Sultanof discussed the telecommunication tower and trees by City Hall and suggested that Ms. Agozzino and Ms. Klau continue communications with him. He also commented on the City Commission's past voting record. Comm. McKaye advised that the Commissioners endeavor to work together and suggested that residents attend City Commission workshops. Comm. Roberts invited all residents to attend festivities celebrating Tamarac Day on April 4 at the Sports Complex, commented on the City Commissions' past voting record, complaints made by Ms. Agozzino and Ms. Klau regarding the condition of the trees and street resurfacing. Mayor Schreiber advised that Broward County would hear blasting complaints on February 27 and discussed Consent Agenda Item 7.j. regarding City Manager Noe. He commented on the early retirement program, salaries of the former and new City Clerk, a recent newspaper article regarding City Manager Noe and recent IAFF negotiations 5. City Attorney City Attorney Kraft - no report. 6. City Manager City Manager Noe welcomed new employees Azita Behmardi, City Engineer, and Tammy Reed, Economic Development Specialist. He addressed statements made by a previous speaker and inquiries concerning personnel and policy decisions made in 1994. Tape 2 Mr. Noe said he stood behind the early retirement program, would meet any criteria set by the City Commission on behalf of the residents and referenced his previous position and termination as City Manager in Hollywood. Mr. Noe referred to the resurfacing program, guidance system installed in all Fire Department rescue units, volunteer appreciation luncheon on March 27 and the employee retirement dinner. He referenced Broward County's installing equipment regarding simultaneous dispatching of multiple calls and updating the existing pager system concerning emergency calls and the fourth ambulance should be delivered prior to October 1. He invited residents to compile their concerns and he would address said concerns at homeowner association meetings. City Commission Regular Meeting February 25, 1998 Page 4 CONSENT AGENDA 7. 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. MOTION TO ADOPT Temp. Reso. 8144 amending the terms of employment for City Manager Robert S. Noe, Jr., as set forth in Resolution R-94-34 and Resolution R-96-95. REMOVED for discussion. See Page 6 for final action. After a recommendation by Mayor Schreiber, Comm. Roberts MOVED to REMOVE for discussion, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE a. MOTION TO APPROVE the minutes of the 2/11/98 Regular City Commission meeting. APPROVED b. MOTION TO ADOPT Temp. Reso. #8136 authorizing the appropriate City officials to execute an agreement with Florida Municipal Insurance Trust (FMIT) for a two-year premium guarantee. APPROVED RESOLUTION R-98-47 C. MOTION TO ADOPT Temp. Reso. #8113 awarding Bid 98-07B entitled Street Sweeping Services and authorizing the appropriate City officials to execute an agreement with Certified Sweeping, Inc., for an amount not to exceed $37,360. for City street sweeping services. APPROVED RESOLUTION R-98-48 d. MOTION TO ADOPT Temp. Reso. #8066 authorizing the appropriate City officials to execute an agreement with Mainlands Section 6 Civic Association, Inc., for the installation and maintenance of landscaping and structures at the NW 50 Avenue entranceway to Mainlands Section 6 south of Commercial Boulevard. APPROVED RESOLUTION R-98-49 e. 1. MOTION TO ADOPT Temp. Reso. #8036 authorizing the appropriate City officials to execute a blanket public safety ingress/egress easement with Colony West Associates, Ltd., for the WALGREENS project located on the southeast corner of McNab Road and Pine Island Road. APPROVED RESOLUTION R-98-60 City Commission Regular Meeting February 25, 1998 Page 5 7. e. 2. MOTION TO ADOPT Temp. Reso. #8036 authorizing the appropriate City officials to execute a Tamarac Water and Sewer Utility Easement with Colony West Associates, Ltd., for the WALGREENS project located on the southeast corner of McNab Road and Pine Island Road. APPROVED RESOLUTION R-98-51 3. MOTION TO ADOPT Temp. Reso. #8058 authorizing the appropriate City officials to execute a Water and Sewer Developer's Agreement with Colony West Associates, Ltd for the WALGREENS project located on the southeast corner of McNab Road and Pine Island Road. APPROVED RESOLUTION R-98-52 f. MOTION TO ADOPT Temp. Reso. #8121 authorizing the appropriate City officials to: 1) execute an Assignment of the Water and Sewer Developer's Agreement with Lennar Homes, Inc., for the KINGS POINT COMMERCIAL PLAZA project to Leisure Colony Management Corporation; 2) approve an Acceptance and Acknowledgement of Water and Sewer Developer's Agreement and Consent to Assignment executed by Leisure Colony Management Corporation; 3) approve and execute an Acknowledgement of Water and Sewer Developer's Agreement and Consent to Assignment between Lennar Homes, Inc., and Leisure Colony Management Corporation. This project is located on the southeast corner of Nob Hill Road and NW 77 Street. APPROVED RESOLUTION R-98-53 g. MOTION TO ADOPT Temp. Reso. #8106 authorizing the appropriate City officials to execute an Interlocal Agreement with the Broward County Department of Natural Resource Protection (D.N.R.P.) to monitor certain routine activities under the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit with approval for annual expenditures of $4,189.73, $4,399.21, $4,619.17 and $4,850.13 for the years 1997, 1998, 1999 and 2000 respectively from the appropriate Stormwater Management Fund. APPROVED RESOLUTION R-98-54 h. MOTION TO ADOPT Temp. Reso. #8143 in support of the Pompano State Farmers Market. APPROVED RESOLUTION R-98-55 City Commission Regular Meeting February 25, 1998 Page 6 7. i. MOTION TO ADOPT Temp. Reso #8149 approving the City Manager's appointment of Carol Gold as City Clerk effective March 23, 1998. APPROVED RESOLUTION R-98-56 Comm. McKaye MOVED APPROVAL of Consent Agenda Items 7.a. through 7.i. with the exception of Item 7.j., SECONDED by Comm. Roberts. VOTE: ALL VOTED AYE MOTION TO ADOPT Temp. Reso. 8144 amending the terms of employment for City Manager Robert S. Noe, Jr., as set forth in Resolution R-94-34 and Resolution R-96-95. REMOVED for discussion on Page 4. APPROVED RESOLUTION R-98-57 After discussion, Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: Comm. McKaye Comm. Roberts Comm. Sultanof Mayor Schreiber AYE AYE AYE NAY END OF CONSENT AGENDA PUBLIC HEARINGS 9:30 A.M. 8. PUBLIC HEARING — MOTION TO ADOPT Temp Ord. #1777 on second reading amending City Code Section 10-290 by adding Section 10-290(d) establishing restrictions on usage of future traffic signalization needs impact fees collected pursuant to Developer's Agreements. APPROVED on second reading. ORDINANCE 0-98-6 City Attorney Kraft read Revision #6 of Temp. Ord. #1777 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof. Stanley Hawthorne, Assistant City Manager/Director of Finance, made a presentation. Mayor Schreiber opened and closed the public hearing with no discussion. VOTE: ALL VOTED AYE 1 r; City Commission Regular Meeting February 25, 1998 Page 7 9. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1818 on second reading adopting a Local Housing Assistance Program for inclusion in the application for the State Housing Initiatives Partnership Act grant funding which was previously approved by the City Commission on January 28, 1998 by adoption of Resolution R-98-24. APPROVED on second reading. ORDINANCE-0-98-7 City Attorney Kraft read Revision #1 of Temp. Ord. #1818 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts. Cindy Diemer, Code Enforcement Manager, made a presentation. Mayor Schreiber opened and closed the public hearing with no discussion. Comm. Roberts questioned whether residents could still apply for funding prior to Tamarac becoming an entitlement City and Ms. Diemer said, yes. VOTE: ALL VOTED AYE 10. PUBLIC HEARING —QUASI-JUDICIAL — MOTION TO ADOPT Temp. Ord. #1819 on first reading concerning a request by Richard Berrie, Berrie Architecture & Design, Inc., to rezone the lands located east of the northeast corner of NW 57 Street and NW 91 Avenue (encompassing 4.21 acres, more or less) from B-2 (Community Business District) to B-6 (Business District) for an Active Senior Living Facility (ALF). Petition #19-Z-97. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting, Wednesday, March 11, 1998, at or after 7:30 p.m., in City Commission Chambers. City Attorney Kraft read Temp. Ord. #1819 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye. Richard Berrie, petitioner, waived his quasi-judicial rights. Jeffrey Miller, Director of Community Development, made a presentation. There was discussion regarding a retirement home versus a nursing home and Mr. Berrie made a presentation. Mayor Schreiber opened the public hearing. City Commission Regular Meeting February 25, 1998 Page 8 Gil Narins, 10419 Clairmont Circle, questioned the square footage and Richard Berrie continued with his presentation. Mayor Schreiber closed the public hearing with no further discussion. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS With no further discussion, Mayor Schreiber adjourned the meeting at 10:00 a.m. Patricia Marcurio, CMC Assistant City Clerk Joe Schreiber Mayor err ,iJ►�..._ �., � /�.�� r 1 E