HomeMy WebLinkAbout1997-05-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION REGULAR MEETING
WEDNESDAY, MAY 14, 1997
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, May 14, 1997, 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 I. 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: Mayor Schreiber called for the Pledge of Allegiance.
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Tape 1
PRESENTATION by Mayor Schreiber of a proclamation designating the month
of May, 1997, as "OLDER AMERICANS MONTH".
City Clerk Evans read the proclamation which Mayor Schreiber presented to Ricky Pine
Garber representing the Area Agency on Aging. Mayor Schreiber advised that Ms.
Garber was also honored with membership in the Senior Hall of Fame.
2. PRESENTATION by Mayor Schreiber of a proclamation designating June 1,
1997, as "STAND FOR HEALTHY CHILDREN DAY".
City Clerk Evans read the proclamation which Mayor Schreiber presented to Evelyn
Grooms, Lead Coordinator of the Broward Stand for Healthy Children Steering
Committee.
City Commission Regular Meeting
May 14, 1997
Page 2
PUBLIC PARTICIPATION
3, 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.
Nathan Peretzman, referred to the Charter with regard to terms of office, language on
referendums, amending the Charter and the Mayor as head of the City.
Murray Kahn, Landings of Cypress Greens, commented on televising City Commission
meetings.
Helen Rosen, Section 22, discussed the need for a senior citizen center.
CONSENT AGENDA
4. Items listed under Consent Agenda, Item 4, 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.
b. MOTION TO ADOPT Temp. ResQ. #7,$29 authorizing the appropriate City
officials to execute a contract with Zambelli Internationals Fireworks
Manufacturing Company, Inc., to provide an electronic fireworks display for
the City of Tamarac's annual Fourth of July celebration at a total cost of
$25,000. budgeted under the Parks and Recreation Department.
REMOVED for discussion. See Page 3 for final action.
Comm. Sultanof MOVED to REMOVE for discussion, SECONDED by V/M Mishkin.
VOTE: ALL VOTED AYE
Discussion was held.
City Commission Regular Meeting
May 14, 1997
Page 3
4. a. MOTION TO APPROVE the minutes of the 4/30/97 City Commission
meeting.
APPROVED
b. MOTQN TO ADOPT Temp. Reso. #7829 authorizing the appropriate City
officials to execute a contract with Zambelli Internationals Fireworks
Manufacturing Company, Inc., to provide an electronic fireworks display
for the City of Tamarac's annual Fourth of July celebration at a total cost
of $25,000. budgeted under the Parks and Recreation Department.
REMOVED for discussion on Page 2. Then APPROVED
RESOLUTION R-97-95
C. MOTIQNTO ADOPT Temp. Reso. #7850 authorizing the rental of bus
transportation services from Shortway Lines of Florida, Inc., and A.A.
Transportation, Inc., for recreational programs utilizing the Broward
County Governmental Cooperative Purchasing Group Request for
Proposal #97-B-006 for an estimated amount not to exceed $12,000.
annually.
APPROVED RESOLUTION R-97-96
d. MOTION TO ADOPT Temp. Reso. #7877 authorizing the appropriate City
officials to execute Change Order #2 to the contract with Atlantic Coastal
Construction in the amount of $10,665. entitled "Concession Stand"
located at Tamarac Park with funding from the Parks and Recreation
Impact Funds.
APPROVED RESOLUTION R-97-97
e. MOTION TO ADOPT Temp. Reso. #7811 authorizing the appropriate City
officials to execute a Water and Sewer Developers Agreement with Rider
Teleservices, Inc., for the RIDER TELESERVICES BUILDING project
located at 6100 N. University Drive.
APPROVED RESOLUTION R-97-98
f. MOTI N TO ADOPT Temp. Reso. #7812 accepting a Bill of Sale for the
water distribution and sewage collection system improvements installed
for the CAPTIVA project located on the northwest corner of McNab Road
and NW 108 Terrace.
APPROVED RESOLUTION R-97-99
City Commission Regular Meeting
May 14, 1997
Page 4
4. g. MOTION TO ADQPT Temp. Reso. #7813 accepting a Bill of Sale for the
water distribution and sewage collection system improvements installed
for the SANIBEL project located on the west side of NW 108 Terrace
between Devon Drive and Southgate Boulevard.
APPROVED RESOLUTION R-97-100
h. MOTION TO ADQPT Temp. Reso. #7816 releasing warranty Surety Bond
#11127327648 in the amount of $652.50 posted for water distribution
improvements for the CITIBANK, F.S.B. project located on the west side
of University Drive between NW 57 Street and NW 61 Street adjacent to
Midway Plaza.
APPROVED RESOLUTION R-97-101
MOTION TO ADOPT Temp. Reso. #7639 authorizing the appropriate City
officials to execute an Agreement and Covenant Running with the Land
(Hold Harmless Agreement) with University Hospital, Ltd., for signs
erected in a utility easement in the UNIVERSITY HOSPITAL project
located on the west side of University Drive between McNab Road and
NW 76 Street.
APPROVED RESOLUTION R-97-102
MOTION TO ADQPT Temp. Reso. #7872 accepting a $2,500. donation
from the family of Joseph T. Caporella to aid in the funding of a new sign
at CAPORELLA PARK and keep the name of Joseph T. Caporella
Memorial Park through the year 2019.
APPROVED RESOLUTION R-97-103
Comm. Sultanof MOVED APPROVAL of the entire Consent Agenda including
Consent Agenda 4.b. which was removed for discussion, SECONDED by V/M Mishkin.
VOTE: ALL VOTED AYE
END OF CONSENT AGENDA
5. M TI N T PT Temp. Reso. #7867 amending the annual budget of
estimated revenues and expenditures for Fiscal Year 1997.
APPROVED RESOLUTION R-97-104
City Attorney Kraft read Temp. Reso. #7867 by title.
City Commission Regular Meeting
May 14, 1997
Page 5
There was discussion and V/M Mishkin MOVED to AMEND Temp. Reso. #7867 to
delete the restructuring of the Finance Department, SECONDED by Comm. McKaye.
VOTE:
ALL VOTED AYE
V/M Mishkin MOVED to APPROVE as AMENDED, SECONDED by Comm. Sultanof.
VOTE:
/_1 I I WO) 9 41XV4 4
6. MOTION TO ADOPT Temp. Reso. #7864 authorizing the appropriate City
officials to execute an agreement with Nabors, Giblin & Nickerson, P.A.,
Government Services Group, Inc., for professional services in the
implementation and annual update of non -ad valorem special assessments
levied within the incorporated area of the City for the funding of fire/rescue
services and facilities.
APPROVED RESOLUTION R-97-105
City Attorney Kraft read Temp. Reso. #7864 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by V/M Mishkin.
Discussion was held.
VOTE:
V/M Mishkin AYE
Comm. Sultanof AYE
Comm. Roberts AYE
Comm. McKaye AYE
Mayor Schreiber NAY
7. MOTION TO ADOPT Temp. Re-a4._#78ZI authorizing the appropriate City
officials to execute an agreement with Nextel Communications for the installation
of a telecommunications antenna and associated equipment on City property.
APPROVED RESOLUTION R-97-106
City Attorney Kraft read Temp. Reso. #7871 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye.
VOTE: ALL VOTED AYE
City Commission Regular Meeting
May 14, 1997
Page 6
PUBLIC HEARINGS 7:30 P.M.
8. PUBLIC HEARING - MOTION ADOPT TeMp. Ord. #17 7 on second 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.
Public Hearing was held and APPROVED
ORDINANCE 0-97-6
City Attorney Kraft read Revision #2 of Temp. Ord. #1787 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof.
Mayor Schreiber opened and closed the public hearing with no discussion.
VOTE: ALL VOTED AYE
9. PUBLIC HEARING - M T N TO ADOPT Temp. rd. #1788 on second
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.
Public hearing was held and APPROVED
ORDINANCE 0-97-6
City Attorney Kraft read Revision #2 of Temp. Ord. #1788 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye.
Mayor Schreiber opened the public hearing.
Robert Franklin, Lakes of Carriage Hills, spoke about separating deposits from the
general fund.
Mayor Schreiber commented on refunding deposits after one year if payments were
made on a timely basis.
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City Commission Regular Meeting
May 14, 1997
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Tape 2
Walter Coghlan, Mainlands 5, questioned whether deposits were kept separate from
the general fund and discussion followed.
Mayor Schreiber closed the public hearing after Commissioners' discussion.
VOTE:
ALL VOTED AYE
10. PUBLIC HEARING - QUASI:JUDICIAL - MOTIQNTO, ADOPT TQmp. Ord,
#1772 on first reading concerning a request by FOUNTAINS CORPORATE
CENTER to rezone land on the south side of NW 57 Street, east of NW 63
Avenue, Parcels A and C, from B-1 (Neighborhood Business District) and B-5
(Limited Business District) to B-2 (Community Business District) located on the
south side of NW 57 Street east of NW 63 Avenue. Petition #12-Z-95. (tabled on
10/9/96).
TABLED. Scheduled for the regular City Commission meeting on Wednesday,
June 11, 1997, at or after 7:30 p.m. in the City Commission Chambers.
City Attorney Kraft read Revision #1 of Temp. Ord. #1772 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye.
Mayor Schreiber referenced a petition from residents of Bermuda Club.
James Brady, attorney/owner, waived his quasi-judicial rights and made a
presentation.
Mayor Schreiber opened the public hearing.
Morris Sher, Bermuda Club resident, spoke.
Mayor Schreiber closed the public hearing with no further discussion.
Tape 3
V/M Mishkin MOVED to TABLE, SECONDED by Comm. McKaye.
VOTE:
ALL VOTED AYE
City Commission Regular Meeting
May 14, 1997
Page 8
END OF PUBLIC HEARINGS
QUASI-JUDICIAL HEARINGS
11. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7853 issuing Revised
Development Order No. 255.1 granting a major revised site plan to FAITH
UNITED CHURCH OF CHRIST for the construction of a 3,975 square foot
building located at 6201 NW 57 Street. Case No. 12-SP-97.
APPROVED RESOLUTION R-97-107
City Attorney Kraft read Temp. Reso. #7853 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye.
Mary Jane Redfield, representing the petitioner, waived her quasi-judicial rights.
Mayor Schreiber opened the hearing.
Hal Hoffman, Bermuda Club, questioned the zoning.
Mayor Schreiber closed the hearing with no further discussion.
VOTE:
ALL VOTED AYE
12. QUASI..:JUDICIAL - MOTION TO ADOPT TemR-Re§D, #7854 issuing Revised
Development Order No. 012.6 granting a major revised site plan to UNIVERSITY
MEDICAL ARTS - PHASE 1 for the construction of a 44.994 square foot building
located at 7431 N. University Drive. Case No. 5-SP-97.
APPROVED RESOLUTION R-97-108
City Attorney Kraft read Temp. Reso. #7854 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye.
Robert Cohn, representing the petitioner, waived his quasi-judicial rights.
Mayor Schreiber opened the hearing.
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City Commission
May 14, 1997
Page 9
Regular Meeting
Robert Franklin, Lakes of Carriage Hills, questioned the height of the building and
amount of floors.
Joe Padwa, Concord Village, questioned the amount of parking facilities.
Mayor Schreiber closed the hearing with no further discussion.
VOTE:
ALL VOTED AYE
13. QU Sp I -JUDICIAL - MOTION TO ADOPT Temp. Rg§o. „ 7874 amending the
non -vehicular access line by removing 110 feet of the existing 225 feet frontage
along NW 80 Avenue on a portion of Parcel 3 of the UNIVERSITY HOSPITAL
REPLAT located at NW 80 Avenue. Case No. 4-P-97.
APPROVED RESOLUTION R-97-109
City Attorney Kraft read Temp. Reso. #7874 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof.
Robert Cohn, representing the petitioner, waived his quasi-judicial rights.
Mayor Schreiber opened and closed the hearing with no discussion.
VOTE:
ALL VOTED AYE
City Attorney Kraft said he spoke with John Brandt, Acting Building Official, who
recommended reading all three Resolutions consecutively, making three separate
Motions and taking three separate actions because Items 14, 15 and 16 were all
related and Mayor Schreiber concurred.
14. QUASI-JUDICIAL - MOTION TQ„ADOPT Temp. Reso. #7858 approving a
waiver to the sign code to erect a ground sign with three lines of copy at the Nob
Hill Road entrance of KINGS POINT SALES CENTER located at 7600 Nob Hill
Road.
APPROVED RESOLUTION R-97-110
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City Commission Regular Meeting
May 14, 1997
Page 10
15. QV-ASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7059 approving a
waiver to the sign code to erect a ground sign with three lines of copy at the main
building of KINGS POINT SALES CENTER located at 7600 Nob Hill Road.
APPROVED RESOLUTION R-97-111
16. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7860 approving a
waiver to the sign code to erect a ground sign with three lines of copy at the
entrance to the parking area of KINGS POINT SALES CENTER located at 7600
Nob Hill Road.
APPROVED RESOLUTION R-97-112
City Attorney Kraft read Temp. Resos. #7858, #7859 and #7860 by title.
V/M Mishkin MOVED APPROVAL of Temp. Reso. #7858, SECONDED by Comm.
Sultanof.
V/M Mishkin MOVED APPROVAL of Temp. Reso. #7859, SECONDED by Comm.
McKaye.
V/M Mishkin MOVED APPROVAL of Temp. Reso. #7860, SECONDED by Comm.
Sultanof.
Donna Deitz, representing the petitioner, waived her quasi-judicial rights and made a
presentation.
Mayor Schreiber opened and closed the hearing with no discussion.
VOTE on Item 14: ALL VOTED AYE
VOTE on Item 16: ALL VOTED AYE
VOTE on Item 16: ALL VOTED AYE
END OF QUASI-JUDICIAL HEARINGS
City Commission Regular Meeting
May 14, 1997
Page 11
REPORTS
17. City Commission
Comm. Sultanof commented on Ricky Pine Garber being honored with membership to
the Senior Hall of Fame.
V/M Mishkin - no report.
Comm. McKaye - no report.
Comm. Roberts commented on a CPR class for children on May 17 sponsored by the
Firefighters and a spaghetti dinner on May 22 at Tamarac Elementary School.
Mayor Schreiber commented on the function honoring Ricky Pine Garber to the Senior
Hall of Fame and a seminar where he learned South Florida was growing because of
trade with South America.
18. City AftQrney
City Attorney Kraft - no report.
19. City Mar]g4er
City Manager Noe referred to the May 12 City Commission workshop and the Area
Agency on Aging.
With no further discussion, Mayor Schreiber adjourned the regular meeting at 8:50
p.m.
e Schreiber - -
Mayor
Carol A. Evans,f CIVIC
City Clerk CITYOF TAMAI�.A
APPRO ED AT MEETING OF
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