HomeMy WebLinkAbout1999-04-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, APRIL 14, 1999
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, April 14,1999, at 7:00 P.M. in the Commission Chambers of
Tamarac City Hall, 7525 Northwest 881h Avenue, Tamarac, FL
PRESENT: Mayor Joe Schreiber, Commissioner Edward C. Portner,
Commissioner Karen L. Roberts and Commissioner Marc L. Sultanof.
ABSENT AND EXCUSED FOR CAUSE: Vice Mayor Larry Mishkin.
ALSO PRESENT: Robert S. Noe, Jr., City Manager, Mitchell S. Kraft, City
Attorney and Carol Gold City Clerk.
Mayor Schreiber called for the pledge to the flag.
1. PRESENTATION by Mayor Schreiber of a proclamation proclaiming April
10 through 17, 1999 as Drinking Water Week, and Utilities Director Woika
accepted.
2. PRESENTATION by Mayor Schreiber of a proclamation to the Teacher of
the Year, and Laurel Geismar, Tamarac Teacher of the Year accepted. Also
present were Kathy Goldstein, Principal of Tamarac Elementary School and
Stephanie Kraft, School Board Member. Ms. Kraft said both a new elementary
and middle school for Tamarac are in the Broward School Board's tentative work
program and will be voted on in May or June, and the addition of the new
schools will relieve crowding in Tamarac, Lauderhill and Sunrise. Additionally, a
12-room addition has been approved for Tamarac Elementary School, through
the work of the task force, in which Commissioner Roberts has been active. Ms.
Kraft informed everyone that there will be a public hearing on April 20, 1999 at
5:30 P.M. in the Casey Wright Building, and Mayor Schreiber encouraged
everyone to attend.
3. PUBLIC PARTICIPATION: Burton Schneider, 8016 NW 72 Street,
Tamarac, FL, commended the Commission on their stand with regard to
MediaOne's permit fees.
REPORTS
4_ City Commission: Commissioner Roberts reported that Tamarac
Elementary will hold their annual spaghetti dinner on April 161h. There will be 2
sittings, one at 5:30 p.m. and one at 7:00 p.m., and the cost is $5.00 per adult.
Commissioner Portner had no report.
Commissioner Sultanof has been in touch with Sam Morrison, the Director of the
Broward County Library System, and Tamarac is definitely on track for a new
library. Commissioner Sultanof commended the Commission for its move
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forward with regard to road repaving, landscaping, Veterans Park and the new
school. Commissioner Sultanof asked the City Attorney to prepare a Resolution
for Tamarac to become partners with the Broward County Library System and
provide the County the land for a library.
Mayor Schreiber said Tamarac Day celebrated the 36" Anniversary of the
incorporation of the City of Tamarac, there was an excellent turnout and
everyone had a good time. Mayor Schreiber commended the Publix Corporation
for providing 8 huge birthday cakes, and Marion Faye, a 99 year old woman, cut
the cake.
5. City Attorney: City Attorney Kraft had no report.
6. City Manager: City manager Noe said the Governor issued a State of
Emergency because of the dry conditions, and our firefighters may be called
since the City is party to a statewide mutual aid agreement. City Manager Noe
commended Housing and Code Enforcement Manager Diemer and Joe Scimeca
on their completion of Level III of the FACE Program, and added that the
Community Development Department has relocated into the area previously
occupied by the Building Department. The Fire Department's smoke detector
giveaway has gone well, and to date, all single family homes east of the turnpike
have participated in the program. Tamarac is Number 1 in Broward County in
the number of free smoke detectors installed (over 500) and number of homes
visited. MIS Director Suguoglu is by adding information to the City's website that
Tamarac is becoming Y2K compliant.
CONSENT AGENDA
7. Commissioner Sultanof, seconded by Commissioner Roberts, moved to
approve all items on the Consent Agenda. On roll call, Commissioner Sultanof
voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and
Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the March 24, 1999 Regular Commission
meeting.
APPROVED
b. TEMPORARY RESOLUTION #8559, authorizing the appropriate City
Officials to accept a Bill of Sale Absolute from SB University, LLC., NB
University, LLC. and 3510531 Canada, Inc., for water distribution and
sewage collection system improvements for the Wendy's at McNab
Marketplace Project, located on the Northwest corner of McNab Road and
University Drive, for City ownership.
RESOLUTION NO. R99-79
C. TEMPORARY RESOLUTION #8562, authorizing the appropriate City
Officials to release a Public Improvement Performance Bond in the form of an
Irrevocable Standby Letter of Credit #M525468 from Barnett Bank, NA., in the
amount of $116,585.50 subject to the receipt of a one-year warranty bond in the
amount of $43,534.50 for the water distribution and sewage collection system
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improvements, installed by Lennar Homes, Inc., for the Southampton Phase F
Project, located on the west side of Nob Hill Road between NW 71" Place and
NW 80th Street.
RESOLUTION NO. R99-80
d. TEMPORARY RESOLUTION #8582, authorizing the appropriate City
Officials to accept and execute the Addendum to the Water and Sewer
Developer's Agreement with Parkwood at Colony West, Inc., for the
Parkwood at Colony West project, located at Lagos De Campo and NW
615t Street, with regard to responsibility and expenses in the closure and
abandonment of an existing water main, and installation of a new water
main.
RESOLUTION NO. R99-81
e. TEMPORARY RESOLUTION #8581, authorizing the appropriate City
Officials to release a Public Improvement Warranty Bond in the form of an
Irrevocable Standby Letter of Credit #1157 from Pointbank, in the amount
of $1,115.00 for the Water Distribution System Improvements, installed by
Prospect Commercial, Inc., for the Bagelmania Project, located on the
southwest corner of Commercial Boulevard and Prospect Road.
RESOLUTION NO. R99-82
f. TEMPORARY RESOLUTION #8568, authorizing the appropriate City
Officials to release a Public Improvement Warranty Bond in the form of an
Irrevocable Standby Letter of Credit #S970521 from Suntrust Bank, NA.,
in the amount of $7,437.25 for the water distribution system improvements
installed by Lennar Homes, Inc., for the Kings Point Weldon Buildings J &
K Project, located on the northeast corner of NW 771h Street and NW 961h
Avenue.
RESOLUTION NO. R99-83
g. TEMPORARY RESOLUTION #8569, authorizing the appropriate City
Officials to release a Public Improvement Warranty Bond in the form of an
Irrevocable Standby Letter of Credit #S970520 from Suntrust Bank, NA.,
in the amount of $2,025.00 for the fire hydrant relocation improvements
installed by Lennar Homes, Inc., for the Kings Point Weldon Buildings I, J
& K project located on the northeast corner of NW 77th Street and NW 961h
Avenue.
RESOLUTION NO. R99-84
h. TEMPORARY RESOLUTION #8556, authorizing the appropriate officials
to accept and execute a Utility Easement Encroachment and Hold
Harmless Agreement with Lef/Tamarac, Ltd. for the landscaping and/or
structures erected in a utility easement in the Walgreens Tamarac Project
located at the northwest corner of Commercial Boulevard and NW 64"
Avenue.
RESOLUTION NO. R99-85
i. TEMPORARY RESOLUTION #8434, authorizing the appropriate City
Officials to accept and execute a Settlement Agreement with Cypress III
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at Woodmont Condominium Association, Inc., for unpaid guaranteed
revenues for the Cypress III at Woodmont Project.
RESOLUTION NO. R99-86
j. TEMPORARY RESOLUTION #8591 authorizing the appropriate City
Officials to refund Traffic Signalization Impact Fees paid to the City by
Cardinal Industries, Inc., in the total amount of $12,884.00.
RESOLUTION NO. R99-87
k. TEMPORARY RESOLUTION #8583, authorizing the purchase of office
furniture from Thomas W. Ruff & Co., in the amount of $21,000.00 under
Florida State Contract #425-001-97-1 to address the necessary changes
in the City Manager's office layout.
RESOLUTION NO. R99-88
I. TEMPORARY RESOLUTION #8573 authorizing the appropriate City
Officials to refund traffic signalization impact fees paid to the City by
Piccadilly Cafeterias, Inc., in the total amount of $13,000.00.
RESOLUTION NO. R99-89
M. TEMPORARY RESOLUTION #8537, authorizing the appropriate City
Officials to exercise the option to renew the Agreement between the City
of Tamarac and Westway Towing, Inc., for furnishing towing services for a
two year period beginning January 1, 1999 through December 31, 2000.
RESOLUTION NO. R99-90
n. TEMPORARY RESOLUTION #8575, approving the purchase of microfilming
services from Lason Systems, Inc., utilizing the Broward Governmental
Cooperative Purchasing Group Bid #13-98-74 for a total not to exceed Thirty -
Five Thousand Dollars ($35,000) annually, approving funding from the
appropriate accounts.
RESOLUTION NO. R99-91
o. TEMPORARY RESOLUTION #8580, rescheduling the 7:00 p.m.,
Wednesday, May 12, 1999, regular City Commission meeting to 7:00 p.m
Tuesday, May 11, 1999.
RESOLUTION NO. R99-92
P. TEMPORARY RESOLUTION #8589, authorizing the appropriate City
Officials to execute addendum No. 99-02 with Miller, Legg and Associates to
provide landscape, architectural and engineering services related to the
median improvements identified in year 1 of the Seven Year Comprehensive
Street Improvement Program in accordance with the City Consulting
Engineering Services Agreement as authorized by Resolution No. R-96-62;
authorizing an expenditure in an amount not to exceed $41,184.
RESOLUTION NO. R99-93
END OF CONSENT AGENDA
Commissioner Roberts, seconded by Commissioner Portner, moved to add to
the agenda as Item #15 Temporary Resolution #8595, authorizing a contribution
to the Broward Advisors for Continuing Education (BRACE) Scholarship Fund for
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a Silver Opportunity, Two -Year Scholarship in the amount of $2,500; authorizing
the appropriate budgetary transfer of funds. On roll call, Commissioner Sultanof
voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and
Mayor Schreiber "yes". Motion carried.
Commissioner Sultanof, seconded by Commissioner Roberts, moved to add to
the agenda as Item #16 Temporary Resolution #8597, authorizing and directing
City Staff to work with Broward County to make land adjacent to the proposed
Tamarac Senior and Community Center on Commercial Boulevard available to
the County for a Library facility. On roll call Commissioner Sultanof voted "yes",
Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber
"yes". Motion carried.
8. TEMPORARY RESOLUTION #8690, receiving the document "Major Issues
II" as presented by the City Manager, Department Directors, and Staff.
City Attorney Kraft read Temporary Resolution #8590 by title. Commissioner
Sultanof, seconded by Commissioner Roberts moved approval. City Manager Noe
gave a presentation and introduced Jonathan Allen, the new Assistant to the City
Manager. On roll call Commissioner Roberts voted "yes", Commissioner Portner
"yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R99-94
9. TEMPORARY ORDINANCE #1848, first reading, authorizing the
appropriate City Officials to execute an extension of four (4) months of the Cable
Television Franchise Agreement between the City of Tamarac, Florida and
MediaOne of Greater Florida, Inc. (MediaOne).
City Attorney Kraft read Temporary Ordinance #1848 on first reading by title.
Commissioner Roberts, seconded by Commissioner Sultanof moved approval.
Commissioner Sultanof said he has reservations about MediaOne and has been
unhappy with them. Mayor Schreiber said he also has problems with MediaOne,
but with the new Franchise Agreement we may be able to cover issues not
addressed in the past, and the extension will benefit Tamarac. Commissioner
Portner said he too has reservations about MediaOne, and the Code says the
City may take over the system if there are no companies interested in the
franchise. However, he noted this would be financially prohibitive, but feels that
MediaOne is becoming a monopoly. Mayor Schreiber said it never was and is
not now an exclusive franchise, and he expects that there will be competition in
the future. On roll call Commissioner Portner voted "yes", Commissioner
Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion
carried.
10. TEMPORARY ORDINANCE #1849, first reading amending Article II.
Franchise requirements and Responsibilities, of the City of Tamarac Cable
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Television Ordinance to clarify customer service authority, implementing a
system of refunds and fines for violations of the Ordinance, increasing the
Franchise Fee from 3% to 5%, and other amendments to update the Ordinance
to current law and technology.
City Attorney Kraft read Temporary Ordinance #1849 on first reading by title.
Commissioner Roberts, seconded by Commissioner Sultanof moved approval.
Commissioner Roberts said in accordance with the discussions held at the
workshop, the Ordinance does not say the fee will be increased from 3% to 5%,
it merely says the fee can go up to a maximum of 5%. City Attorney Kraft said
the Ordinance sets out a potential for the franchise fee to increase to 5% but
does not increase the fee. This is a framework for the Agreement that will be
drafted. Mayor Schreiber asked if anyone from the public wished to speak, and
Burton Schneider, 8016 NW 72 Street, Tamarac, FL spoke about the franchise
fee being passed on to the consumer, and everyone should be aware of this.
Mr. Schneider feels that within 90 days there will be a competitor seeking a
franchise in Tamarac. Stan Bernard, 9257 Wedgewood Lane, Tamarac, FL said
he read an article in the paper a few weeks ago that said Tamarac should be
charging the Cable Company about $800,000 for construction fees, and asked
about the status of this. Mayor Schreiber said the City has not received the fee
yet. City Manager Noe said that on advice of Telecommunications Counsel, the
City is working on a way for MediaOne to return to work installing broadband.
Mayor Schreiber suggested discussing this before moving ahead. On roll call
Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", and Mayor Schreiber "yes". Motion carried.
11. TEMPORARY RESOLUTION #8592, authorizing the settlement of the
Irene Z. Scott 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.
City Attorney Kraft read Temporary Resolution #8592 by title. Commissioner
Sultanof, seconded by Commissioner Portner moved approval. Rick McDuff,
Esq., of Johnson, Anselmo, Murdoch, et al, gave a presentation. Mayor
Schreiber opened the public hearing and Burt Schneider, 8016 NW 72 Street,
Tamarac, FL, asked if new hires are presented information on work policies, and
Mayor Schreiber responded in the affirmative. With no one else wishing to
speak, Mayor Schreiber closed the public hearing. Commissioner Sultanof
objected to some of the content in Attorney Duff s presentation. On roll
Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R99-96
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12. TEMPORARY ORDINANCE #1846, second reading, amending Chapter
12, "Licenses and Business Regulations", Article X, "Peddlers, Solicitors,
Canvassers, Itinerant Vendors", by creating Section 12-278, "Prohibition of
Solicitation by Minors; Definitions; Penalties".
City Attorney Kraft read Temporary Ordinance #1846 on second reading by title.
Commissioner Roberts, seconded by Commissioner Portner, moved approval.
Mayor Schreiber opened the public hearing and with no one wishing to speak,
closed the public hearing. On roll call Commissioner Roberts voted "yes",
Commissioner Partner "yes", Commissioner Sultanof "yes", and Mayor Schreiber
"yes". Motion carried.
ORDINANCE NO. 099-06
13. TEMPORARY ORDINANCE #1847, second reading, amending Chapter
16, Pensions and Retirement, Article III, Pension Plan, Section 16-198 Refund of
Contributions, to provide for the payment of interest on accumulated employee
contributions to those participants withdrawing such contributions from the plan.
City Attorney Kraft read Temporary Ordinance #1847 on second reading by title.
Commissioner Sultanof, seconded by Commissioner Roberts moved approval.
Mayor Schreiber opened the public hearing and with no one wishing to speak,
closed the public hearing. On roll call Commissioner Portner voted "yes",
Commissioner Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
ORDINANCE NO. 099-07
QUASI-JUDICIAL HEARINGS
14. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION
#8543, issuing Revised Development Order No. 219.2 and granting Major
Revised Site Plan approval for Commercial Shoppes to allow the demolition of
the existing 1,248 square foot building and reconstruction of a 6,045 square foot
retail stores/restaurant, located at the southwest corner of Commercial
Boulevard and Prospect Road; pursuant to Chapter 10 of the Code of
Ordinances of the City of Tamarac; Case No. 38-SP-98.
City Attorney Kraft read Temporary Resolution #8543 by title. Martin Heise of
Spanish River Construction, Inc. and Vice President of Prospect Commercial,
Inc., waived his quasi-judicial rights on behalf of the Petitioner. Commissioner
Sultanof, seconded by Commissioner Roberts, moved approval. Community
Development Director Miller gave a presentation. Commissioner Portner asked
how long it will take to demolish the building and Mr. Heise responded. Mayor
Schreiber opened the public hearing and Walter Coghlin, 4806 NW 49 Court,
Tamarac, FL spoke about the right turn lane and the filling station. Mr. Heise
responded that 3 entrances are being closed and the tanks from the filling station
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have been removed. With no one else wishing to speak, Mayor Schreiber closed
the public hearing. On roll call Commissioner Sultanof voted "yes",
Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber
"yes". Motion carried.
RESOLUTION NO. R99-96
END OF QUASI-JUDICIAL HEARINGS
15. TEMPORARY RESOLUTION #8595, authorizing a contribution to the
Broward Advisors for Continuing Education (BRACE) Scholarship Fund for a
Silver Opportunity, Two -Year Scholarship in the amount of $2,500; authorizing
the appropriate budgetary transfer of funds.
City Attorney Kraft read Temporary Resolution #8595 by title. Commissioner
Roberts, seconded by Commissioner Portner, moved approval. Commissioner
Roberts said she is happy this resolution is being passed because it will do a lot
of good for the Community. The Resolution allows the City of Tamarac to join
Broward Advisors for a $2,500 two (2) year scholarship to enable a Tamarac
student to go to Broward Community College, and there are matching funds that
will allow the City to give away two (2) 2-year scholarships. On roll call
Commissioner Roberts voted "yes", Commissioner Portner "yes", Commissioner
Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R99-97
16. TEMPORARY RESOLUTION #8597, authorizing and directing City Staff
to work with Broward County to make land adjacent to the proposed Tamarac
Senior and Community Center on Commercial Boulevard available to the County
for a Library facility.
City Attorney Kraft read Temporary Resolution #8597 by title. Commissioner
Sultanof, seconded by Commissioner Roberts moved approval. Commissioner
Roberts said the Senior and Community Center Committee wants to make sure
there is enough room to expand and endorse the library being there. Mayor
Schreiber questioned how the City will make the land available, and
Commissioner Sultanof said if Tamarac gives the land to the County for a library
then we will not have to come up with money. City Manager Noe said a few
months ago the issue came up and the sense of the Commission, at a workshop,
was to donate the site for the library. City Attorney Kraft said the Resolution sets
forth the basic concept and other steps will follow. Commissioner Partner said
the site next to the Senior and Community Center is perfect for a library. City
Manager Noe said that he and Assistant City Manager Hemstreet met with
Broward County Library Director Morrison and there will be a number of steps to
take in order to move expeditiously. On roll call Commissioner Portner voted
"yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", and Mayor
Schreiber "yes". Motion carried.
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RESOLUTION NO. R99-98
There being no further business, Mayor Schreiber adjourned the meeting at 8:10
P.m.
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Joe Schreiber
Mayor
CITY OF "TAMARAC
APPROVED AT MEETING OF
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