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Home My WebLink About1998-04-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, APRIL 8, 1998 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, April 8, 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 Carol Gold, CMC/AAE, City Clerk PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the Pledge of Allegiance. Tape 1 PRESENTATION by Mayor Schreiber of a proclamation designating the last week of April, 1998, as BLUE RIBBON WEEK for the prevention of child abuse. Anne Hotte accepted the proclamation. PUBLIC PARTICIPATION 2. 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. There were no public comments. City Commission Regular Meeting April 8, 1998 Page 2 REPORTS 3. City Commission Commissioner Roberts wished everyone a happy holiday and welcomed former Commissioner Sharon Machek. Commissioner McKaye mentioned the loss of his son and some health problems he has been having. Commissioner Sultanof expressed his desire to be appointed as liaison to the Veterans' Committee and MOVED to instruct the City Attorney to prepare an ordinance to amend Section 2.33 of the Code to designate the Mayor and Commissioners to appoint Committee liaisons. SECONDED by Vice Mayor Mishkin. Lyle] I =1 ALL VOTED AYE Vice Mayor Mishkin said he was happy to see Commissioner McKaye back and commented on the success of Tamarac Day. He presented a bouquet to Commissioner Roberts who thanked the employees that helped with Tamarac Day and congratulated the City's volleyball team for winning. Vice Mayor Mishkin also expressed holiday greetings to the residents and staff. Mayor Schreiber wished everyone a Happy Easter and Passover and said he was happy to see Commissioner McKaye back. He apologized for Commission conduct and introduced Broward County Sheriff Ken Jenne who expressed appreciation for the opportunity to serve the City. 4. City Attorney City Attorney Kraft - No report. 5. City Manager City Manager Noe thanked Sheriff Jenne and B.S.O. Chief Goldstein. He expressed appreciation for the 1 st Annual Volunteer Lunch and reported on a future water safety program for children, CPR program for infants and children and the smoke detector give away program. City Manager Noe wished everyone a happy holiday and gave an update on the City's website. 11 City Commission Regular Meeting April 8, 1998 Page 3 CONSENT AGENDA 6. 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. a. MOTION TO APPROVE the minutes of the following City Commission meetings: 1) 3/19/98 Special Meeting 2) 3/25/98 Regular Meeting APPROVED b. MOTION TO ADOPT Temp.-Reso. #8188 to support the proposal of Broward County to designate one cent of the remaining three cents of the Local Option Motor Vehicle Tax as a recurring revenue source for homeless services within the County and urge the Florida Legislature and the Governor to authorize the Broward County Board of County Commissioners the ability to use one cent of its Local Option Motor Fuel Taxes to address the needs of the community's homeless children, men women and families. APPROVED RESOLUTION R-98-89 C. MOTION TO ADOPT Temp. Reso.#8179 authorizing the appropriate City Officials to reject all bids for bid 97-15B for a priming assisted centrifugal pump. APPROVED RESOLUTION R-98-90 d. MOTION TO ADOPT Temp. Reso. #8184 approving an amendment to the current Classification and Pay Plan, approving implementation of a new pay structure for Building Inspectors. APPROVED RESOLUTION R-98-91 e. MOTION TO ADOPT Temp. Reso. #8166 releasing performance Letter of Credit #13723796 in the amount of $97,176 subject to receipt of a one-year warranty bond in the amount of $33,648.41 posted for the water distribution and sewage collection system improvements installed for the PLUM HARBOR PHASE 2 project located on the northeast corner of Nob Hill Road and Commercial Boulevard. APPROVED RESOLUTION R-98-92 1 City Commission Regular Meeting April 8, 1998 Page 4 6. f. MOTION TO ADOPT Temp. Reso. #8169 accepting a Bill of Sale for the water distribution system improvements installed for the SUN BELT PRECISION PRODUCTS project located on the southeast corner of NW 67 Street and Hiatus Road. APPROVED RESOLUTION R-98-93 g. MOTION TO ADOPT Temp. Reso. #8146 accepting a Bill of Sale for the water distribution system improvements installed for the FAITH UNITED CHURCH OF CHRIST SANCTUARY project located at 6201 NW 57 Street. APPROVED RESOLUTION R-98-94 h. MOTION TO ADOPT Temp. Reso. #8142 authorizing the appropriate City officials to: 1) approve an assignment of the Water and Sewer Developer's Agreement with Irving Miller, Trustee, for the WOODMONT GARDENS project to Chancellor of Tamarac, Inc. 2) approve an Acceptance and Acknowledgement of Agreement and Consent to Assignment executed by Chancellor of Tamarac, Inc. 3) approve and execute an Acknowledgement of Agreement and Consent to Assignment between Irving Miller, Trustee, and Chancellor of Tamarac, Inc., for the WOODMONT GARDENS project located on the south side of Southgate Boulevard between NW 81 Avenue and Pine Island Road. APPROVED RESOLUTION R-98-95 MOTION TO ADOPT Temp. Reso, #8158 authorizing the appropriate City officials to execute agreements for the FY 98 Inflow and Infiltration Project with the following two sewer rehabilitation companies: (1) Madsen/Barr-Allwaste, Inc. and (2) Insituform Southeast, Inc., for a combined total not to exceed $500,000. APPROVED RESOLUTION R-98-96 MOTION TO ADOPT Temp. Reso. #8161 authorizing the repair and resurfacing of four tennis courts at the TAMARAC SPORTS COMPLEX located at 9901 NW 77 Street by AAA Courts, Inc., utilizing Metropolitan Dade County Bid #1153-0/98, in an amount not to exceed $14,500.92 with funding from the appropriate Parks and Recreation Accounts. APPROVED RESOLUTION R-98-97 City Commission Regular Meeting Revised: April 23, 1998 April 8, 1998 Item 9 - Code Enforcement Board Page 5 6. k. MOTION TO ADOPT TemI2. Reso. #8164 authorizing the appropriate City officials to execute an Interlocal Cooperative Agreement with the Broward County Property Appraiser's Office (BCPA) for the pilot project of Land Sections 7 and 8, at a cost of 50% or up to $3,000 to the City of Tamarac and at a cost of 50% or up to $3,000 to the Broward County Property Appraiser's Office (BCPA), for a total project cost of $6,000 for the development of common geographic data for their respective Geographic Information Systems (GIS). Case No, 6-MI-98. APPROVED RESOLUTION R-98-98 MOTION TO ADOPT Temp. Reso. #8186 approving the 1998 — 2001 Local Housing Assistance Plan (PLAN) to be submitted as a required component of the State Housing Initiatives Partnership Act (SHIP) grant application requirements. The PLAN details the housing programs the City will implement and administer in compliance with SHIP grant provisions. Case No. 8-MI-98, APPROVED RESOLUTION R-98-99 Commissioner Sultanof MOVED APPROVAL of the entire Consent Agenda, SECONDED by Commissioner Roberts VOTE: ALL VOTED AYE END OF CONSENT AGENDA 7. MOTION TO ADOPT Temp. Reso. #8181 receiving the Comprehensive Annual Financial Report and Auditor's Reports prepared by Madsen, Sapp, Mena, Rodriguez and Company for the Fiscal Year ended September 30, 1997. APPROVED RESOLUTION R-98-100 City Attorney Kraft read Temp. Reso. #8181 by title. Vice Mayor Mishkin MOVED APPROVAL, SECONDED by Commissioner Sultanof. Robert Benson, Madsen, Sapp, Mena, Rodriguez and Company, gave a presentation. VOTE: ALL VOTED AYE 1 City Commission Regular Meeting Revised: April 23, 1998 April 8, 1998 Item 9 - Code Enforcement Board Page 6 8. MOTION TO ADOPT Temp. Reso. #81U appointing nine (9) twelve (12) members to the AFFORDABLE HOUSING ADVISORY COMMITTEE as required by Chapter 9, Article IV, Local Housing Assistance Program, whose duty it will be to prepare local housing incentive strategies recommendations within twelve months following the adoption of the Local Housing Assistance Plan. Case No. 9-MI-98. APPROVED RESOLUTION R-98-101 City Attorney Kraft read Rev. #1 of Temp. Reso. #8187 by title. Commissioner Roberts MOVED APPROVAL, SECONDED by Commissioner Sultanof. Cindy Diemer, Code Enforcement Manager, gave a presentation. Commissioner Sultanof MOVED TO AMEND to increase the total membership to 12 to include: Tim Hernandez - Pulte Homes, Tony Rig_oio - First Union R� egina ackson - Barnett Bank, Sean McArdle - Gemstar Homes, Inc., Janet RiIPy_ - Legal Aid Services, Tom Salanger - Morrison Homes, Henry Magnuson - Chairman of Board Habitat for Humanity, Alan Oshins - W. Broward Real Estate, Stuart Golant - Golant & Golant, Saul Qass and Milton Meyer - Planning Commission members, and David Ofstein- Planner with Craig A. Smith & Associates, SECONDED by Vice Mayor Mishkin. VOTE ON AMENDMENT: ALL VOTED AYE VOTE ON RESOLUTION AS AMENDED: ALL VOTED AYE 9. MOTION TO ADOPT Temp. Reso. #8090 appointing two (2) regular members to the CODE ENFORCEMENT BOARD to fulfill unexpired terms ending June 25, 1998 and June 25, 1999, or until such time as reappointments are made. Case No. 2-M1-98. APPROVED RESOLUTION R-98-102 City Attorney Kraft read Temp. Reso. #8090 by title. Vice Mayor Mishkin, Commissioner McKaye, Commissioner Roberts and Commissioner Sultanof nominated Bruce Hoffman to fill the term ending June 25, 1998 and George Katz to fill the term ending June 25, 1999. Mayor Schreiber nominated Susan G. Pierce for the term ending June 25, 1998 and Mervyn Cohen for the term ending June 25, 1999. Commissioner Roberts MOVED APPROVAL to appoint Bruce Hoffman to fill an unexpired term ending June 25, 1998, and George Katz to fill an unexpired term ending June 25, 1999, SECONDED by Commissioner McKaye. 1 1 City Commission Regular Meeting April 8, 1998 Page 7 VOTE: Revised: April 23, 1998 Item 9 - Code Enforcement Board ALL VOTED AYE 10. MOTION TO ADOPT Temp. Ord. #1822 on first reading amending Chapter 16 of the City Code, Pensions and Retirement, Article III, Pension Plan, Sections 16-133, Participant Contributions, 16-217, Early Retirement Age, 16-218, Early Retirement Benefit, and 16-219, Normal Retirement Age, to reflect an additional optional early retirement age, early retirement benefit and normal retirement age for Firefighters. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting, Wednesday, April 22, 1998, at or after 9:30 a.m. in City Commission Chambers. City Attorney Kraft read Rev. #2 of Temp. Ord. #1822 by title. Commissioner McKaye MOVED APPROVAL, SECONDED by Commissioner Sultanof. Maria Swanson, Director of Personnel, gave a presentation. VOTE: PUBLIC HEARINGS 7:30 P-M ALL VOTED AYE 11. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1784 on second reading amending Section 10-128 of the City Cod e, "Fire Protection", reducing the maximum distance between fire hydrants and Fire Department connections. Public Hearing held. APPROVED ORDINANCE 0-98-10 City Attorney Kraft read Rev. #2 of Temp. Ord. #1784 by title. Commissioner Roberts MOVED APPROVAL, SECONDED by Commissioner McKaye. Mayor Schreiber opened and closed the Public Hearing with no discussion. Fire Chief Jim Budzinski gave a presentation. VOTE: END OF PUBLIC HEARING ALL VOTED AYE City Commission Regular Meeting Revised: April 23, 1998 April 8, 1998 Item 9 - Code Enforcement Board Page 8 QUASI-JUDICIAL HEARINGS 12.QUASI-JUDICIAL — MOTION TO ADOPT Temp. Reso. #8180 issuing Revised Development Order No. 224.1 and granting new development site plan approval to CHANCELLOR GARDENS ASSISTED LIVING FACILITY (ALF) for the construction of a two-story building to include 84 independent living units and 71 assisted living units, totaling 155 sleeping rooms (204 beds), located at 8700 Southgate Boulevard, east of Pine Island Road. Case No. 54-SP-97. APPROVED RESOLUTION R-98-103 City Attorney Kraft read Rev. #2 of Temp. Reso. #8180 by title. Commissioner Sultanof MOVED APPROVAL, SECONDED by Commissioner Roberts Alan Gabriel, Donald Hall and Brett Nein, representing the petitioner, waived their quasi-judicial rights and made presentations. Mayor Schreiber opened the hearing. Burton Schneider, 8016 NW 72 Street, expressed his approval. Mayor Schreiber closed the hearing with no further discussion. Director of Community Development, Jeff Miller, made a presentation. VOTE: ALL VOTED AYE 13.QUASI-JUDICIAL — MOTION TO ADOPT Tem . Reso. #8177 issuing Development Order No. 304 for the MERRILL GARDENS PLAT requested by Merrill Gardens, L.L.C., owner, to allow the construction of a 107 bed, 99 sleeping room (50 dwelling unit) assisted living facility (ALF) located at the southeast corner of University Drive and NW 77 Street. Case No. 14-P-97. APPROVED RESOLUTION R-98-104 City Attorney Kraft read Temp. Reso. #8177 by title. Commissioner Sultanof MOVED APPROVAL, SECONDED by Commissioner McKaye. Susan Motley, John Suntug and Melissa Cousins representing the applicant, waived their quasi judicial rights and made presentations. Community Development Director Miller made a presentation. 1 1 1 City Commission Regular Meeting Revised: April 23, 1998 April 8, 1998 Item 9 - Code Enforcement Board Page 9 Mayor Schreiber opened and closed the hearing with no further discussion. VOTE: Commissioner McKaye AYE Vice Mayor Mishkin AYE Commissioner Sultanof AYE Commissioner Roberts NAY Mayor Schreiber AYE 14. QUASI-JUDICIAL — MOTION TO ADOPT Temp. Reso. #8189 issuing Development Order No. 304.1 and granting new development site plan approval for the construction of a 75,000 square foot, 107-bed, 99 sleeping room (50 dwelling unit) assisted living facility, MERRILL GARDENS ALF, located at the southeast corner of University Drive and NW 77 Street. Case No. 41-SP-97. APPROVED RESOLUTION R-98-105 City Attorney Kraft read Temp. Reso. #8189 by title. Commissioner Sultanof MOVED APPROVAL, SECONDED by Commissioner McKaye, Susan Motley, representing the applicant, waived her quasi judicial rights and made a presentation. Jeff Miller, Director of Community Development, made a presentation. Mayor Schreiber opened and closed the hearing with no discussion. VOTE: END OF QUASI-JUDICIAL HEARINGS ALL VOTED AYE With no further discussion, Mayor Schreiber adjourned the eting at a.,15 .m. Joe Schreiber )' Mayor Carol Gold, /AAE CI,1'Y, OF City Clerk -1- APPROVED AT MEETING OF -s 3