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
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