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HomeMy WebLinkAbout1997-04-30 - City Commission Regular Meeting Minutes1 CITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, APRIL 30, 1997 CALL TO_ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, April 30, 1997, at 9:00 A.M. in Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe 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 A. Evans, CMC, 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 Michael Deitsch, former Charter Board Chairman. Tape 1 INTRODUCTION 1. PRESENTATION by Mayor Schreiber of a plaque and proclamation honoring HELEN SOBEL for 25 years of service and dedicated commitment with the Social Services Board serving the residents of the City. Mayor Schreiber presented Helen Sobel with a plaque and a proclamation and Carl Alper, resident, read a letter regarding Ms. Sobel's accomplishments. 2. PRESENTATION by Mayor Schreiber of a proclamation designating the week of May 18 through 24, 1997, as "EMERGENCY MEDICAL SERVICES WEEK". City Commission Meeting April 30, 1997 Page 2 City Clerk Evans read the proclamation which Mayor Schreiber presented to Jim Terry, Emergency Medical Services Chief. 3. PRESENTATION by Mayor Schreiber of a proclamation designating the day of April 24, 1997, as "TAKE YOUR CHILDREN TO WORK DAY". City Clerk Evans read the proclamation which Mayor Schreiber presented to Kathleen Margoles, Social Services Coordinator, and Charlene Nevadomski, Special Events Coordinator. 4. PRESENTATION by Mayor Schreiber of a proclamation designating the week of April 27 through May 3, 1997, as "LAW WEEK U.S.A.". City Clerk Evans read the proclamation which Mayor Schreiber presented to City Attorney Mitchell S. Kraft and Paralegal Marion Swenson. 6. PRESENTATION by Mayor Schreiber of a proclamation designating May 1 of each year as "MACULAR DEGENERATION AWARENESS DAY City Clerk Evans read the proclamation which Mayor Schreiber presented to John Palmer, President of The Magnifying Center. PUB,L19 PARTICIPATION 6. PUBLIC PARTICIPATIQN - 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 and Abe Garr, representatives of Tamarac for Good Government, and Si Bauer discussed the City's representatives to the Broward League of Cities. Murray Kahn, member of the Tamarac Taxpayer's Civic Association, referred to the Berkowitz litigation, a senior center, schools and a library. City Commission Meeting 41 April 30, 1997 Page 3 Charles Sheil, resident, discussed trucks driving through residential areas, blasting in Land Section 7, lighted marquees at Tamarac Market Place, loud music after hours, lack of parking signs near fishing areas and erecting a fishing pier. He also referred to noise after hours from a restaurant on Nob Hill Road and McNab Road. CASE SETTLEMENT PUBLIC HEARING 7. PUBLIC HEARING - MOTION TO ADOPT --Temp. Rg$Q_ #70§1 authorizing settlement of the Jeffrey L. Berkowitz vs. City of Tamarac claim, Case #92-1077, in the amount of 3.1 million dollars. APPROVED RESOLUTION R-97-94 City Attorney Kraft read Temp. Reso. #7861 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Roberts. Mayor Schreiber opened the public hearing. Abe Garr, Herbert Hayes, Nathan Peretzman, Si Bauer and Sid Vernick discussed various aspects of the settlement and Carl Alper suggested appealing. Michael Burke, Attorney representing the City, made a presentation. Tape 2 Mayor Schreiber closed the public hearing with no further discussion. VOTE: ALL VOTED AYE CONSENT AGENDA 8. Items listed under Consent Agenda, Item 3, 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. City Commission Meeting April 30, 1997 Page 4 it 8. c. MOTION TO ADQEPT Temp. Reso. #7856 authorizing the appropriate City officials to execute the First Amendment to Lease Agreement with BellSouth Mobility, Inc., to increase the size of the lease parcel to include room for a permanent generator on City property on TRACT 27. REMOVED for discussion. See Page 5 for final action. g. MOTION TO ADOPT Temp. Reno. #7801 authorizing the appropriate City officials to execute the health care agency affiliation agreement with BROWARD COMMUNITY COLLEGE for field internship by allowing paramedic students to ride along on the City's rescue units. REMOVED for discussion. See Page 5 for final action. After recommendation by Mayor Schreiber, V/M Mishkin MOVED to REMOVE Items 8.c. and 8.g, for discussion, SECONDED by Comm. Sultanof. 1 el 0 =F ALL VOTED AYE 20. MOTION TO ADOPT Temp. Reso. #7869 supporting the efforts of Dan Marino to request that the State Legislature support a bill providing for medical and educational support of autistic children. AGENDIZED by Consent. See Page 11 for final action. City Clerk Evans read Temp. Reso. #7859 by title. Comm. Roberts MOVED to AGENDIZE by Consent, SECONDED by Comm. Sultanof. VOTE: ALL VOTED AYE CONSENT AGENDA 8. Items listed under Consent Agenda, Item 3, 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. City Commission Meeting April 30, 1997 Page 5 8. c. MOTION TO ADOPT Temp. Reso. #7856 authorizing the appropriate City officials to execute the First Amendment to Lease Agreement with BellSouth Mobility, Inc., to increase the size of the lease parcel to include room for a permanent generator on City property on TRACT 27. REMOVED for discussion on Page 4 then APPROVED. RESOLUTION R-97-82 After discussion, Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE g. MOTION TO A129ET Temp. Reso. #7801 authorizing the appropriate City officials to execute the health care agency affiliation agreement with BROWARD COMMUNITY COLLEGE for field internship by allowing paramedic students to ride along on the City's rescue units. REMOVED for discussion on Page 4 then APPROVED. RESOLUTION R-97-86 After discussion, Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof. VOTE: ALL VOTED AYE a. MOTION TO APPROVE the minutes of the following regular City Commission meetings: 1) 4/9/97 Regular Meeting 2) 4/14/97 Special Meeting APPROVED 8.a.1. and 8.a.2. b. MOTION TO ADOPT Temp. Reso. #7825 recognizing and commemorating the week of April 21, 1997 as PROFESSIONAL SECRETARIES WEEK. APPROVED RESOLUTION R-97-81 d. MOTION TO ADOPT JpMp. Reso. #7632 authorizing the appropriate City officials to execute a blanket public safety ingress/egress easement with McNab J.V. for the MCNAB MARKETPLACE project located on the northwest corner of McNab Road and University Drive. APPROVED RESOLUTION R-97-83 City Commission Meeting April 30, 1997 Page 6 8. e. MOTION TO ,,ADOPT Temp_Reso. #7634 authorizing the appropriate City officials to execute a Water and Sewer Developer's Agreement with McNab J.V. for the MCNAB MARKETPLACE (WINN DIXIE) project located on the northwest corner of McNab Road and University Drive. APPROVED RESOLUTION R-97-84 MOTIQN TO ADOPT Temp, Reso. #7636 authorizing the appropriate City officials to execute a Tamarac Water and Sewer Utility Easement with McNab J.V. for the MCNAB MARKETPLACE (WINN DIXIE) project located on the northwest corner of McNab Road and University Drive. APPROVED RESOLUTION R-97-85 Comm. Roberts MOVED APPROVAL of Consent Agenda Items 8.a.1., 8.a.2., 8.b., 8.d., 8.e. and 8.f., SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE END OF CONSENT AGENDA 9. MOTION TO ADOPT Temp. Reso. #7852 receiving the Comprehensive Annual Financial Report and Auditors Reports prepared by Madsen, Sapp, Mena, Rodriguez and Co. for the fiscal year ended September 30, 1996. APPROVED RESOLUTION R-97-87 City Attorney Kraft read Temp. Reso. #7852 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. McKaye. City Manage Noe commended Tom Evans, representing Madsen, Sapp, Mena, Rodriguez and Co., and members of the Finance Department. VOTE: ALL VOTED AYE 1 City Commission Meeting April 30, 1997 Page 7 10. MOTION TO ADOPT Temp. Ord. #1787 on first reading amending the City Code Chapter 22 entitled "Utilities", Article III, Division 4 entitled "Billing and Discontinuance of Service", amending Section 22-127 entitled "Discontinuance of Service and Disconnection of Premises from System for Non -Payment, Disconnection Charge" changing the name of the disconnection charge to delinquency charge. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting on Wednesday, May 14, 1997, at or after 7:30 p.m., in the City Commission Chambers. City Attorney Kraft read Revision #2 of Temp. Ord. #1787 by title. Comm. Roberts MOVED APPROVAL, SECONDED by V/M Mishkin. Mayor Schreiber opened and closed the public hearing with no discussion. VOTE: ALL VOTED AYE 11. MOTION TO ADOPT Temper #1788 on first reading amending the City Code Chapter 22 entitled "Utilities", Article III, Division 4 entitled "Billing and Discontinuance of Service", amending Section 22-132 entitled "Consumer Deposit" allowing for deposits to be accounted for separately without physical separation. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting on Wednesday, May 14, 1997, at or after 7:30 p.m. in the City Commission Chambers. City Attorney Kraft read Revision #2 of Temp. Ord. #1788 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof. Mayor Schreiber opened and closed the public hearing with no discussion. 1IFL61 114 ALL VOTED AYE 12. MOTION TO ADOPT Temp. Reso. #7798 awarding Bid 97-09B for exterior painting and waterproofing of the Tamarac Municipal Complex and the Broward Sheriff's Office building to Eagle Paint for an amount not to exceed $24,800. (tabled on 4/9/97). APPROVED RESOLUTION R-97-88 City Commission Meeting April 30, 1997 Page 8 1? City Attorney Kraft read Temp. Reso. #7798 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts. City Attorney Kraft said an amendment concerning the warranty must be made a part of the agreement prior to execution of the agreement. VOTE: ALL VOTED AYE UA I- D CIAL HEARINGS 13. QUASI-JUDICIAL - MOTION, TO ADOPT Temp. Reso. #7823 issuing Development Order No. 301 for the MOBIL 02-NPG PLAT located at the northeast corner of Commercial Boulevard and Nob Hill Road. Case No. 7-P-97. APPROVED RESOLUTION R-97-89 City Attorney Kraft read Temp. Reso. #7823 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by V/M Mishkin. Mark Wallace, representing the petitioner, waived his quasi-judicial rights. Tape 3 Mayor Schreiber opened the hearing. Gil Narins, Kings Point, questioned the quantity of gas stations which could be built and referred to residential traffic from Plum Bay. Mayor Schreiber closed the hearing with no further discussion. VOTE: ALL VOTED AYE 14. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7824 issuing Revised Development Order No. 265.4 and granting a site plan to Sam Butters, Owner, for the construction of a 44,000 square foot manufacturing facility d/b/a Sun Belt Precision Products, Inc., located at the southeast corner of NW 67 Street and Hiatus Road. Case No. 11-SP-97. APPROVED RESOLUTION R-97-90 City Commission Meeting April 30, 1997 Page 9 City Attorney Kraft read Temp. Reso. #7824 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye. Sam Butters, owner, waived his quasi-judicial rights. Mayor Schreiber opened and closed the hearing with no discussion. VOTE: ALL VOTED AYE Mayor Schreiber called for a recess at 10:35 a.m. and the meeting reconvened at 10:45 a.m. with everyone in attendance. 15. A I- DICIAL - MOTION TO ADOPT Temp. Reso. #7821 approving a waiver to the sign code to erect a directory sign to be a minimum of 10-feet from the public right-of-way, total sign area of 68 square feet with helvetica lettering and letters for tenant directory spaces being 7-inches in height with the name of the complex lettering being 9-inches in height, the building name being 5.6 square feet by 12-feet in height for TAMARAC SQUARE located at 5201 - 5231 N. State Road 7. APPROVED RESOLUTION R-97-91 City Attorney Kraft read Temp. Reso. #7821 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye. Morton Ross, representing the petitioner, waived his quasi-judicial rights and made a presentation. Mayor Schreiber opened the hearing. Walter Coghlan, Mainlands 5, and Carl Alper, Section 23, voiced opposition to the sign. Diane Glasser, former Councilwoman, said she was in favor of the sign. Mayor Schreiber closed the hearing with no further discussion. VOTE: ALL VOTED AYE City Commission Meeting April 30, 1997 Page 10 16. Q!JASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7$08 granting a special exception to permit the operation of a truck rental business as an accessory use in the B-3 zoning category to the UNIVERSITY TEXACO STATION specifically the northwest corner of the McNab Plaza Plat located at 6900 N. University Drive. Case No. 6-Z-97. APPROVED RESOLUTION R-97-92 City Attorney Kraft read Revision #1 of Temp. Reso. #7808 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye. Mark Thompson, attorney representing the petitioner, waived his quasi-judicial rights and made a presentation. Tape 4 Cynthia Bertschinger, planner representing the petitioner, made a presentation. Mayor Schreiber opened the hearing. Lou Silverman and Joe Padwa, residents, voiced opposition to the special exception. Mayor Schreiber closed the hearing. VOTE: Comm. Roberts AYE Comm. McKaye AYE V/M Mishkin NAY Comm. Sultanof AYE Mayor Schreiber AYE Comm. Sultanof MOVED to allow Jeffrey Miller, Community Development Director, to make a presentation to the Code Enforcement Board concerning this matter, SECONDED by Comm. McKaye. City Commission Meeting April 30, 1997 Page 11 VOTE: Comm. Sultanof V/M Mishkin Comm. McKaye Comm. Roberts Mayor Schreiber AYE NAY AYE AYE AYE END OF QUASI-JUDICIAL HEARINGS 20. MOTION TO ADOPT Temp. Reso. #7869 supporting the efforts of Dan Marino to request that the State Legislature support a bill providing for medical and educational support of autistic children. AGENDIZED by Consent on Page 4 APPROVED RESOLUTION R-97-93 City Attorney Kraft read Temp. Reso. #7869 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE REPORTS 17. City Commission Comm. Roberts said Friday, May 2, was reading day at Tamarac Elementary School and volunteers were invited to participate. Comm. McKaye said the residents should see how well the Commissioners were working together with Mayor Schreiber. Tape 5 Comm. Sultanof commended Raj Verma, Public Works Director, for repairs to Westwood Drive, reflectors installed on Nob Hill Road and McNab Roads and requested that reflectors be installed on Nob Hill Road and Northwest 77 Street 4 V/M Mishkin - no report. City Commission Meeting April 30, 1997 Page 12 Mayor Schreiber requested that the public should assist people in flooded areas of South Dakota, there should be more volunteerism and an Economic Development Committee and an Educational Committee should be created. He said the City should hire someone to obtain grant monies and referred to an application to the Claude Pepper Foundation regarding a grant. 18. City Attorney City Attorney Kraft - no report. 19. City Manager City Manager Noe acknowledged Millie Hammel and Mary Flor regarding their code enforcement accomplishments, said Tamarac raised $633 for the March of Dimes walk and 28 children accompanied their parents to work on April 24. He said summer camp registration is May 7, a Mother's Day fashion show was scheduled for May 2 and Memorial Day ceremonies and concert would be held on May 26. He referred to a senior get-together at the Recreation Center on May 21, a caregivers resource program concerning advances in Alzheimers treatment on would be given on May 16 at the BSO training room and mentioned a request for volunteers on various City boards and committees. Mr. Noe also commented on statements made by residents concerned with the Berkowitz settlement. With no further discussion, Mayor Schreiber adjourned the meeting at 12:05 p.m. arol A. Evans, CIVIC City Clerk WWA-L oe Schreiber Mayor CITY OF C 6 L L_. E