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Home My WebLink About1999-04-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, APRIL 28, 1999 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, April 28,1999, at 9:00 A.M. in the Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner Edward C. Partner, Commissioner Karen L. Roberts and Commissioner Marc L. Sultanof. 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 and City Manager recognizing City employees 5 years: Barbara Bruno, Myrna Focas, Ken McIntyre, Robert S. Noe, Jr. 10 years: Jeffrey Arillo, Barbara London 15 years: Janice Atwood 2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming May 9-15, 1999 as Fight Financial Fraud Week, and Tony Armbruster accepted. 3. PRESENTATION by Mayor Schreiber of a proclamation recognizing Peter Skidmore for his life-saving actions, and Barbara Abatiello accepted on behalf of his grandson, Peter Skidmore. 4. PRESENTATION by Mayor Schreiber of a proclamation recognizing Peter Abatiello for his life-saving actions, and Peter Abatiello accepted. 5. PRESENTATION by Mayor Schreiber of a proclamation proclaiming May 2-8, 1999 as Municipal Clerks Week, and City Clerk Gold accepted. 6. PRESENTATION by Chief Michael Goldstein to Sergeant James Fondo, Deputy of the Year, and Sgt. James Fondo accepted, accompanied by Major Rick Frye. 7. PUBLIC PARTICIPATION: Si Bauer, 7208 NW 94 Way, Tamarac, FL, questioned whether the appointment of Charter Board members to the Redistricting Committee was a conflict of interest, and City Attorney Kraft responded that since both are advisory boards, members are not precluded from serving in both capacities. 4/28/99 R REPORTS 8. City Commission: Commissioner Sultanof said as Chairman of the Advisory Council for the Area on Aging, he wants to inform everyone that the month of May is Older American Act Month, and he hopes it will be recognized in Tamarac. Vice Mayor Mishkin congratulated everyone who received a proclamation and service award, and said in view of the great strides made over the past five years, the most important person who received an award this morning is City Manager Noe. Vice Mayor Mishkin said everyone talks about where Tamarac is at this time, but we must not forget the leadership City Manager Noe has shown in all areas. Commissioner Portner agreed with Vice Mayor Mishkin. Commissioner Roberts congratulated all the employees for their dedicated work and asked everyone to continue their good work, and she congratulated Sgt. Fondo, Deputy of the Year. Commissioner Roberts thanked everyone who helped support Tamarac Elementary School's Spaghetti Dinner. Mayor Schreiber congratulated everyone for doing a good job. Mayor Schreiber said he sits on the County Commission Community Development Block Grant (CDBG) Board and has received a ranking for Tamarac. Tamarac ranked 8 out of 18 and will receive a $300,000 grant for capital improvements to extend a wastewater system to 75 homes on the east side of Tamarac. 9. City Attorney: City Attorney Kraft had no report. 10. City Manager: City Manager Noe thanked Vice Mayor Mishkin and Commissioner Portner for their comments, said the last 5 years are unprecedented in Tamarac and everything that has been accomplished would not have been possible without the assistance of the Commission and the outstanding Tamarac staff. City Manager Noe welcomed the new Risk Manager, James Sredzinski, and said Tamarac recently participated in 2 events, Broward Alliance Economic Seminar and Tamarac Day. City Manager Noe reported that in February and March of this year 35 letters were sent to new businesses in Tamarac. Work has begun on Fire Station #2, and a groundbreaking will be scheduled in the very near future. The Chamber of Commerce along with Broward Emergency Preparedness Group is working with businesses to assist in preparation for emergencies, in particular hurricanes, and the Fire Department continues its training program in which 250 residents have participated. City Manager Noe reminded everyone that hurricane season begins June 1. Tamarac participated in Broward Beautiful Great Cleanup Week with 17 volunteers. Hiatus Road North is substantially complete and the final asphalt layer will be laid in May, and hopefully the City's portion will be completed by the end of May. There is, however, a problem with the south half of Hiatus Road, as 4/28/99 2 the County will not permit it to open until a traffic signal is installed at Hiatus and Commercial. Social Services hosted an Eating Disorder Conference on Thursday evening, with 38 people in attendance. City Manager Noe reported that the Comprehensive Annual Financial Report has been distributed and there will be a presentation at the next Commission Workshop, but he cautioned the Commission that if they misread the report they may be led to conclude that the fund balance is $6.8 million, and he wants to make sure everyone is aware that the the fund balance is approximately $3 million. CONSENT AGENDA 11. 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", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the April 14, 1999 Commission meeting. APPROVED b. TEMPORARY RESOLUTION #8566 authorizing the appropriate City Officials to award Bid #99-13B, entitled "Epoxy -Lined Ductile Iron Pipe and Fittings", to the lowest responsive and responsible bidder Southeastern Municipal Supply Company (SEMSCO) for $15,890.40. RESOLUTION NO. R99-100 C. TEMPORARY RESOLUTION #8578, authorizing the appropriate Officials to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with SB University, LLC, NB University, LLC and 3510531 Canada, Inc., for the sidewalks erected in a utility easement in the McNab Marketplace (Wendy's) Project, located on the west side of University Drive and North of McNab Road. RESOLUTION NO. R99-101 d. TEMPORARY RESOLUTION #8585 approving the use of School Bus Transportation for sponsored recreational programs and events, by entering into an Agreement with the School Board of Broward County for a total not to exceed $12,000 annually, approving funding from the appropriate accounts. RESOLUTION NO. R99-102 END OF CONSENT AGENDA PUBLIC HEARINGS 9:30 A.M. 12. TEMPORARY ORDINANCE #1848, second 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 by title on second reading. 4/28/99 3 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 Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 099-08 13. TEMPORARY ORDINANCE #1849, second reading, amending Chapter 5.5 Cable Television Article II. "City of Tamarac, Florida, Cable Television Ordinance." Section 5.5-22. "Definitions." Modifying definitions, Section 5.5-23. "Intent and Purposes." Deleting Subsections (c), (d), & (e); Section 5.5-24. "Grant of Authority; Franchise Required." Requiring authorization and providing for cable television service only, Section 5.5-25. "Franchise Characteristics." specifying terms and obligations and providing for alternative video programming services, Section 5.5-28 "Applications for Grant, Renewal, Modification or Transfer of Franchises." Renumbering and revising application requirements and fees, Section 5.5-29. "Grant of Franchise." Renumbering sections and providing for conditional grant of franchise, eliminating time limitations for agreement on terms of franchise, modifying fee requirements, Section 5.5-30. "Commencement of Service." Changing the term grantee to franchisee, Section 5.5-32. "Security Fund." Modifying minimum security fund requirement, Section 5.5-33. "Construction Bond." Modifying construction bond requirement, Section 5.5-34 "Minimum Facilities and Services." Renumbering subsections and requiring minimum system capacity, modifying service requirements for city buildings and schools, increasing standard drop, requiring cable service on private property, adding new section 5.5-35. "Access Channels and Facilities." Providing for access channels, equipment, program production, institutional network interconnection and capital costs, deleting Section 5.5-36. "Access Channels and Facilities." Renumbering existing section 5.5-35. "Technical Standards" to Section 5.5-36, amending standards, Section 5.5-37. "Franchise Fee." Amending franchise fee requiring public hearing, Section 5.5-39. "Customer Service Requirements." Amending installation requirements and providing for fees; charges; year 2000 compliance; enforcement; notice; refunds; fines; schedules; City Manager review; payment requirements; appeal; penalties; license revocation; and renumbering of subsections, Section 5.5-41. "Discrimination Prohibited." Deleting uniform and consistent discount requirement, Section 5.5- 43. "Enforcement Remedies." Renumbering subsections; providing for penalties; requiring written notice prior to levying of additional fine, providing for liquidated damages, Section 5.5-45. "Transfers." adding the term unconditionally, Section 5.5-50. "Administration." Clarifying terms, Section 5.5-52. "Applicability." Deleting subsections (b) and (c), adding new Section 5.5-53. "Notices." to provide for written notice procedure, renumbering existing Section 5.5-53. "Municipal Cable System Ownership Authorized." to new Section 5.5-54, renumbering existing 4/28/99 4 Section 5.5-54. "Reservation of Rights." to new Section 5.5-55 and formalizing City. City Attorney Kraft read Temporary Ordinance #1849 by title on second reading. Commissioner Sultanof, seconded by Commissioner Partner moved approval. Assistant City Manager Hemstreet gave a presentation and Mayor Schreiber said MediaOne had contacted both him and the City Manager and asked to postpone the hearing. Gary Resnick, representing MediaOne requested a short deferment of the ordinance to the next meeting, as he said he received the Ordinance two (2) weeks ago had not had an opportunity to respond. Ila Feld,Telecommunications Counsel from Liebowitz and Associates, responded to Mr. Resnick's concerns, and gave a presentation. Mayor Schreiber opened the public hearing and Mary Seidel, Kings Point, asked about the permit fees. Mayor Schreiber said the topic is not relevant to this Ordinance. Stan Bernard, Wedgewood, Tamarac, advised the Commission to take the advice of the Attorney. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Vice Mayor Mishkin, seconded by Commissioner Roberts moved to table Temporary Ordinance #1849 to the 7:00 p.m., May 11, 1999 Regular Commission meeting, in the Commission Chambers. On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. TABLED TO MAY 11, 1999 END OF PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS P e :k 0 d 4 ,1:191:?A Wa l.14 61S0111Cel L, #8577, granting a Special Exception to allow the construction of a 64,531 square foot Assisted Living Facility (ALF) in a B-2 (Community Business) Zoning District, located at the southeast corner of University Drive and NW 64 Street; specifically a portion of Parcel "A" of the "Bruce Plat", according to the Plat thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida; Case No. 15-Z-98. City Attorney Kraft read Temporary Resolution #8577 by title. Mayor Schreiber asked if the stormwater fees had been paid, and Community Development Director Miller responded in the affirmative. Graham Ernest -Jones, Vice President of Rhon Ernest -Jones Consulting Engineers, Inc., waived his quasi- judicial rights on behalf of the petitioner. Vice Mayor Mishkin, seconded by Commissioner Roberts moved approval. Community Development Director Miller gave a presentation. Mr. Ernest -Jones responded to Commission questions. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Mishkin voted "yes", 4/28/99 5 Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-103 15. QUASI-JUDICIAL — MOTION TO ADOPT TEMPORARY RESOLUTION #8576, issuing Development Order No. 192.2 and granting New Development Site Plan approval to Beverly Enterprises, Inc. to allow the construction of a 64,531 square foot Assisted Living Facility (ALF), located at the southeast corner of University Drive and NW 64 Street; specifically a portion of Parcel "A" of the "Bruce Plat" according to the Plat thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida; Case No. 32-SP-98. City Attorney Kraft read Temporary Resolution #8576 by title. Graham Ernest - Jones, Vice President of Rhon Ernest -Jones consulting Engineers, 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. Mr. Ernest -Jones responded to Commission questions. Planning and Zoning Manager King held up the rendering of the site plan for all to see. 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 Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-104 16. QUASI-JUDICIAL — MOTION TO ADOPT TEMPORARY RESOLUTION_ #8579, issuing Revised Development Order No. 292.2 and granting Major Revised Site Plan approval to University Hospital, Ltd., for the construction of a 17,534 square foot addition, along with a proposed driveway connection to NW 80 Avenue and an additional parking lot on the southwest portion of the property, located at 7201 North University Drive; pursuant to Chapter 10 of the Code of Ordinances of the City of Tamarac; Case No. 5-SP-99. 4/28/99 6 City Attorney Kraft read Temporary Resolution #8579 by title. Peter Goicouria, agent for University Hospital waived his quasi-judicial rights on behalf of the petitioner. Vice Mayor Mishkin, seconded by Commissioner Sultanof moved approval. Community Development Director Miller gave a presentation Mr. Goicouria and Mr. James Crookshank, CEO of University Hospital responded to Commission questions. Mayor Schreiber said the project is sorely needed, and Commissioner Portner said they are aware of the inadequacies in the hospital emergency room due to lack of facilities. 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 Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-105 END OF QUASI-JUDICIAL HEARINGS There being no further business, Mayor Schreiber adjourned the meeting at 10.15 a.m. 11 a.-0- C"/ Carol Gold, CM E City.Clerk 1-1 Joe Schreiber Mayor CITY of TAMARAC A P 4/28/99 7