HomeMy WebLinkAbout1996-05-22 - City Commission Regular Meeting Minutes1
CITY OF TAMARAC
CITY COMMISSION REGULAR MEETING
WEDNESDAY, MAY 22, 1996
CALL TO : Mayor Abramowitz called the Regular meeting to order on
Wednesday, May 22, 1996, at 9.00 A.M. in Commission Chambers of Tamarac, City
Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Larry Mishkin
Commissioner Sharon Machek
Commissioner John E. McKaye
Commissioner Joseph Schreiber
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 Abramowitz called for the Pledge of Allegiance.
Tape 1
Mayor Abramowitz advised that Governor Chiles would be in City Hall on Thursday,
May 23, 1996, at 2:30 P.M. to sign a health bill, the Veterans Alliance would celebrate
Memorial Day on Monday, May 27 at Veterans Park and he referred to House Bill 557
discussed at the May 20 Workshop.
Mayor Abramowitz referred to the Attorney -Client Executive Session regarding
Berkowitz vs. City of Tamarac. City Attorney Kraft formally requested advice regarding
the litigation and said the City Commission meeting would recess at 11:00 A.M. and
would reconvene after the Attorney -Client Executive Session.
Mayor Abramowitz said the City Commission meeting would recess but not adjourn
even if the meeting finished and City Attorney Kraft referred to the Sunshine Law.
City Commission Regular Meeting
May 22, 1996
Page 2
INTRODUCTIQN
1. PRESENTATION by Mayor Abramowitz of a Certificate of Retirement to Carolyn
Knoles of the Public Works Department.
Mayor Abramowitz presented the Certificate of Retirement to Carolyn Knoles.
2. PRESENTATION by Mayor Abramowitz of a proclamation designating May 22, 1996,
as LAUREN SCOTT DAY.
Mayor Abramowitz presented the proclamation to Lauren Scott.
C N ENT AGEN A
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.
f. MOTI N TO ADOPT Temp. Reso. # 427 authorizing the appropriate City
officials to execute a contract with Fire Power Displays Unlimited to provide an
electronically fired fireworks display for the City's annual July 4th Celebration at
a total cost of $17,500. with funding from Account 001-550-572-483 entitled
July 4th. Bid 96-02.
REMOVED for Discussion. See Page 3 for final action.
n. MOTION TO AD PT Temp_Reso. #7239 authorizing the appropriate City
officials to execute an agreement with Lennar Homes, Inc., for the utilization of
beautification fees charged to Lennar Homes, Inc., for off -site improvements
within the Kings Point development located along Nob Hill Road, NW 77 Street
and NW 96 Avenue. (tabled on 3/27/96).
REMOVED for Discussion. See Page 3 for final action.
Comm. Schreiber MOVED to REMOVE Consent Agenda Items 4.f. and 4.n. for discussion,
SECONDED by Comm. Machek.
VOTE: ALL VOTED AYE
I. MAN TO ADOPT Temp. Rego #7423 approving the purchase of gasoline
and diesel fuel with renewal of the Broward County Co -Op Contract #D-12-95-
City Commission Regular Meeting
May 22, 1996
Page 3
04-21 in the amount of $80,000. with funding from Account 503-703-519-301
entitled Gasoline and Diesel and $3,000. from Account 425-363-533-301
entitled Gasoline and Diesel.
TABLED
a. MOTION TO ADOPT Temp. Reso. #7429 authorizing the appropriate City
officials to negotiate and execute an agreement between the City of Tamarac
and a financial advisor for financial and debt issuance advisory services. EOI
96-08.
TABLED
City Manager Noe recommended Tabling Consent Agenda Items 4.1. and 4.o. and Comm.
Machek MOVED to TABLE, SECONDED by Comm. Schreiber.
VOTE:
ALL VOTED AYE
f. MOTION TO ADOPT Temp. -Reso. #7427 authorizing the appropriate City
officials to execute a contract with Fire Power Displays Unlimited to provide an
electronically fired fireworks display for the City's annual July 4th Celebration at
a total cost of $17,500. with funding from Account 001-550-572-483 entitled
July 4th. Bid 96-02.
Removed for Discussion on Page 2 and then APPROVED
RESOLUTION-R-96-112
There was discussion and Ed Doyle, Parks and Recreation Operations Manager,
recommended approval.
n. MOTION TO ADOPT Temp. Reso. #7239 authorizing the appropriate City
officials to execute an agreement with Lennar Homes, Inc., for the utilization of
beautification fees charged to Lennar Homes, Inc., for off -site improvements
within the Kings Point development located along Nob Hill Road, NW 77 Street
and NW 96 Avenue. (tabled on 3/27/96).
REMOVED for Discussion on Page 2 then APPROVED
RESOLUTION-R-96-119
Discussion was held and Jeffrey L. Miller, Director of Community Development, said it was
to the City's advantage and referred to Judge Weissing's Stipulation Agreement.
Comm. Schreiber MOVED to APPROVE Consent Agenda Items 4.f, and 4.n., SECONDED
by Comm. Machek.
City Commission Regular Meeting
May 22, 1996
Page 4
VOTE: ALL VOTED AYE
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.
a. MOTION TO APPROVE the minutes of the 5/8/96 City Commission meeting.
APPROVED
b. MOTION TQ ADOPT Temp. Reso. #741k approving the purchase of concrete
water meter boxes and parts from Hughes Supply, Incorporated, based on the
Broward Governmental Purchasing Cooperative Group Bid #652-7103 at a
cost not to exceed $20,000. with funding from Account 425-888-533-67B
entitled Galvanized Service Lines.
APPROVED-RESOLUTION-R-96-108
C. MOTION _ TO ADOPT T Mp. Reso. #7386 authorizing the appropriate City
officials to execute a Water and Sewer Developer's Agreement with Luigi Perri
for the single family residence being constructed at 10020 NW 71 Place.
APPROVED-RESOLUTION-R-96-109
d. MOTION TO ADOPT Temp. Redo. #7380 releasing a cash bond in the amount
of $5,000. posted to insure completion of the Water and Sewer Developer's
Agreement and a Bill of Sale for the CITIBANK project located at 5825 North
University Drive adjacent to Midway Plaza.
APPROVE D-RESOLUTION-R-96-110
e. MOTION TO ADOPT Temp. RQso. #7431 authorizing the appropriate City
officials to approve a grant in the amount of $12,500. to defray moving and
relocation expenses to Padlocker for relocation to the City of Tamarac, Land
Section 7.
APPROVED-RESOLUTION-R-96-111
g. MOTION TO ADOPT Temp, Reso. #7390 accepting a Bill of Sale for the water
distribution and sewage collection improvements for the WELDON PHASE 2
project located on the northeast corner of NW 77 Street and NW 96 Avenue.
APPROVED-RESOLUTION-R-96-113
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City Commission Regular Meeting
May 22, 1996
Page 5
h. MOTION TO ADOPT Temp. Reso. #7391 authorizing the appropriate City
officials to execute a Tamarac Utilities West Water and Sewer Utility Easement
with Lennar Homes, Inc., for the WELDON PHASE 2 project located on the
northeast corner of NW 77 Street and NW 96 Avenue.
APPROVE D-RESOLUTION-R-96-114
MOTION TO ADOPT Temp. Reso. #7395 releasing performance Letter of
Credit #S950419 in the amount of $66,443. posted for water distribution and
sewage collection improvements for the WELDON PHASE 2 project located on
the northeast corner of NW 77 Street and NW 96 Avenue subject to receipt of
a one-year warranty bond in the amount of $36,276.13.
APPROVED-RESOLUTION-R-96-115
j. MOTI N TO AD PT Tpmp. Reso. #7 87 authorizing the appropriate City
officials to execute a Water and Sewer Developer's Agreement for the
WELDON (BUILDINGS D, E, F, I, J AND K) project located on the northeast
corner of NW 77 Street and NW 96 Avenue.
APPROVED-RESOLUTION-R-96-116
k. MOTION TO ADAPT Temp. Reso. #7396 approving the purchase and
installation of a new well pump and motor for Raw Water Well No. 1 located at
7803 NW 61 Street from Layne, Inc., at a cost of $11,415. with funding by
transfer of that amount from Account 425-371-588-975 entitled Utilities West
Contingency to Account 425-363-533-643 entitled Machinery and Equipment.
Bid 96-04.
APPROVED-RESOLUTION-R-96-117
M. MOTION TO ADOPT Temp. Reso. #7415 releasing warranty Letter of Credit
#S950360 in the amount of $21,901.94 posted for public improvements
including site preparation, pavement, drainage and sidewalks at the MALVERN
project located in the 9700 block of Westwood Drive east of Nob Hill Road.
APPROVED-RESOLUTION-R-96-118
P. MOTION TO ADOPT Temp. Reso. #7430 approving lease purchase
documents as a "negotiated sale" with First Union National Bank of Florida.
APPROVED-RESOLUTION-R-96-120
Comm. Schreiber MOVED APPROVAL of Consent Agenda Items 4.a., 4.b., 4.c., 4.d., 4.e.,
4.g., 4.h., 4.i., 4.j., 4.k., 4.m. and 4.p., SECONDED by Comm. Machek.
City Commission Regular Meeting
May 22, 1996
Page 6
VOTE: ALL VOTED AYE
Comm. Machek MOVED to TABLE Consent Agenda Items 4.1 and 4.o., SECONDED by
Comm. Schreiber.
VOTE: ALL VOTED AYE
END QF CONSENT AGENDA
19. MOTION TO ADOPT Temp. Reso. #7432 encouraging Governor Lawton Chiles to
Veto House Bill 557, Property Appraisers Presumption of Correctness.
AGENDIZED by CONSENT and APPROVED-RESOLUTION-R-96-126
Mayor Abramowitz said House Bill 557 was detrimental to funding City projects and
recommended House Bill 557 be Vetoed by Governor Chiles.
V/M Mishkin MOVED to AGENDIZE, SECONDED by Comm. Machek.
VOTE: ALL VOTED AYE
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek.
City Attorney Kraft read Temp. Reso. #7432 by Title.
VOTE: ALL VOTED AYE
PUBLIC PARTICIPATION
3. PUBLIQ 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.
There was no public participation.
QUASI-JUDICIAL HEARINGS
11. (QUASI-JUDICIAL - MOTION .TQ ADOPI Jgmp Res% #7418 approving a minor
delegation request to include an additional 3,636 square feet of commercial in the
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City Commission Regular Meeting
May 22, 1996
Page 7
Nob Hill/Westwood Plat, Parcel B, located in the POINT PLAZA SHOPPING
CENTER at the northeast corner of Nob Hill Road and Westwood Drive. Case No.
17-P-95.
DEFERRED. See Page 14 for discussion and final action.
City Attorney Kraft read Temp. Reso. #7418 by Title.
Mr. Miller said the Petitioner was not present.
Comm. Machek MOVED to DEFER, SECONDED by V/M Mishkin.
VOTE:
ALL VOTED AYE
12. QUASI-JUDICIAL --MOTION TO ADOPT Temp. Reso. #7419 approving a site plan
for an additional 6,254 square feet for the construction of a one-story retail office
building at POINT PLAZA SHOPPING CENTER located at the northeast corner of
Nob Hill Road and Westwood Drive.
DEFERRED. See Page 14 for discussion and final action.
City Attorney Kraft read Temp. Reso. #7419 by Title.
Mr. Miller said the Petitioner was not present.
V/M Mishkin MOVED to DEFER, SECONDED by Comm. Machek.
1M91 I =9
ALL VOTED AYE
13. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reno. #7408 approving the
vacation of a 25-foot drainage easement in order to facilitate development of the
property within the interior of a portion of Parcel S of the SOUTHHAMPTON Kings
Point Replat located on the west side of Nob Hill Road, south of NW 80 Street and
NW 71 Place. Case No. 4-P-96.
APPROVED-RESOLUTION-R-96-124
City Attorney Kraft read Temp. Reso. #7408 by Title.
Rick Weinberg of Carnahan -Proctor, representing the petitioner, waived his Quasi -Judicial
rights.
Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin.
City Commission Regular Meeting
May 22, 1996
Page 8
Mr. Miller read the Findings of Fact and recommended approval.
There was discussion regarding the canal and drainage area.
Mayor Abramowitz opened and closed the hearing with no discussion.
VOTE:
ALL VOTED AYE
14. (QUASI-JUDICIAL - MOTION TQ ADOPT Teme Reso #7420 approving a limited
height waiver for the installation of 1,230 lineal feet of 6-foot high chainlink fencing
located between a portion of the Land Section 4 Golf Course Plat and CYPRESS
THREE AT WOODMONT.
APPROVED-RESOLUTION-R-96-125
City Attorney Kraft read Temp. Reso. #7420 by Title.
Robert Harrington, representing the petitioner, waived his Quasi -Judicial rights.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek.
Mr. Miller read the Findings of Fact and recommended approval.
There was discussion regarding composition of the fence
Mayor Abramowitz opened and closed the hearing with no discussion.
VOTE: ALL VOTED AYE
END OF QUASI-JUDICIAL HEARING
Tape 2
15. MOTION TO ADOPT T m . Ord. #1 30 on first reading to place a charter
amendment on the September 3, 1996 ballot amending Section 4.05 of the Tamarac
Charter to stipulate a Commission member absent from all regular Commission
meetings for any reason increasing from seventy-five (75) to ninety (90) consecutive
days shall forfeit his office.
Public Hearing was held and APPROVED on first reading. Second reading and
public hearing will be held on Wednesday, June 12, 1996, at or after 7:30 P.M. in
City Commission Chambers.
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City Commission Regular Meeting
May 22, 1996
Page 9
City Attorney Kraft read Temp. Ord. #1730 by Title and advised there were substantive
changes in the language.
Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin.
Comm. Schreiber discussed excused absences.
Mayor Abramowitz opened and closed the hearing with no discussion.
VOTE:
Comm. Machek AYE
Comm. Schreiber NAY
Comm. McKaye AYE
V/M Mishkin AYE
Mayor Abramowitz AYE
REPORTS
16. City Commission
Comm. McKaye - No Report.
Comm. Machek - commented on the City Manager's quarterly report.
Comm. Schreiber - Absent.
V/M Mishkin - No Report.
Mayor Abramowitz - said Governor Chiles would be in City Hall on Thursday, May 23, at
approximately 2:30 P.M.
17. City Attorney
City Attorney Kraft - No report.
18. City Managgr
City Manager Noe advised that the Comprehensive Plan would be forthcoming after it went
City Commission Regular Meeting
May 22, 1996
Page 10
before the Planning Commission, Ed Doyle's wife just gave birth to a daughter and he
congratulated Susan Sinclair for implementing various programs including a Men's Wellness
Seminar scheduled for May 30 in Commission Chambers from 10:00 A.M. to 12:00 Noon.
He said this Seminar was also open to the residents. He advised that the first SEFLIN
training session was May 15, the second Lighthouse was scheduled for June 4 and Serving
Health Insurance Needs of Elderly (SHINE) representatives would be at City Hall the first
and third Tuesday of each month. He added that a senior get together concerning
hurricane preparedness would be held June 7 at the Recreation Center from 9:30 A.M. to
11:30 A.M. and the Fire Department would provide CPA courses at the Sunflower-
Heathgate Clubhouse June 13 from 7:00 P.M. to 10:00 P.M. and June 19 from 9:00 A.M. to
12:00 Noon.
16. City Commission (Continued)
Comm. Schreiber - No Report.
Mayor Abramowitz reminded everyone about the Veterans Alliance Memorial Day services
on Monday, May 27 at Veterans Park.
Mayor Abramowitz requested a recess at 9:57 A.M. and the meeting reconvened at 10:02
A.M. with everyone in attendance.
PUBLIC HEARINGS -1 A.M.
5. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1724 on second reading to
place a charter amendment on the September 3, 1996 ballot amending Section 8.01
of the Tamarac Charter changing the Charter Board from an elected to an appointed
board, providing for transition, removal from office and providing for convening of the
Charter Board every 3 years for a period not to exceed 6 months unless extended by
Resolution of the City Commission; amending selection of Chairman and Vice
Chairman.
PUBLIC HEARING was held and APPROVED-ORDINANCE-0-96-2
City Attorney Kraft read Temp. Ord. #1724 by Title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek.
Discussion was held regarding the cost of the past Charter Board election, a suggestion to
appoint a Public Relations Committee regarding Town Hall meetings and Mayor Abramowitz
advised a meeting would be scheduled between the City Commission and the Charter
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City Commission Regular Meeting
May 22, 1996
Page 11
Board.
Mayor Abramowitz opened the public hearing.
Herb Hayes, Section 20, commented on how often the Charter Board would meet.
Mayor Abramowitz said a Charter Board member would be removed from office upon as
their term of office expired.
Stan Bernard, Chairman of Public Information Committee, suggested referendum items be
publicized in the Tam -A -Gram.
Walter Coghlan, Mainlands 5, suggested the Charter Board meet every 10 years instead of
every three years.
Mayor Abramowitz closed the public hearing with no further discussion.
VOTE:
ALL VOTED AYE
6. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1728 on second reading to
place a charter amendment on the September 3, 1996 ballot amending Section 4.02
of the Tamarac Charter by changing the number of terms a Commissioner or Mayor
may succeed themselves from one (1) to two (2).
PUBLIC HEARING held and APPROVED-ORDINANCE-0-96-3
City Attorney Kraft read Temp. Ord. #1728 by Title.
Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin,
Comm. Schreiber voiced objection to the number of terms.
Mayor Abramowitz opened and closed the public hearing with no discussion.
VOTE:
V/M Mishkin AYE
Comm. Schreiber NAY
City Commission Regular Meeting
May 22, 1996
Page 12
Comm. Machek AYE
Comm. McKaye AYE
Mayor Abramowitz AYE
7. PUBLIC HEARING - MOTION TO ADOPT_Temp. Ord. #1„729 on second reading to
place a charter amendment on the September 3, 1996 ballot amending Section 4.04
of the Tamarac Charter by increasing Mayor and Commission expense allowances to
$4,500.00 and $3,500.00 respectively.
PUBLIC HEARING held and APPROVED-ORDINANCE-0-96-4
City Attorney Kraft read Temp. Ord. #1729 by Title.
Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin.
There was discussion and Mayor Abramowitz and V/M Mishkin recommended approval.
Mayor Abramowitz opened and closed the public hearing with no discussion.
VOTE: ALL VOTED AYE
8. PUBLIC HEARING - MOTION TO ADOPT Temp. Qrd, #1731 on second reading to
place a charter amendment on the September 3, 1996 ballot amending Section 7.11
of the Tamarac Charter by increasing the threshold amount to require competitive
bidding from $10,000. to $25,000.
PUBLIC HEARING held and APPROVE D-ORDINANCE-O-96-5
City Attorney Kraft read Temp. Ord. #1731 by Title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek.
There was no discussion.
Mayor Abramowitz opened and closed the public hearing with no discussion.
VOTE: ALL VOTED AYE
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City Commission Regular Meeting
May 22, 1996
Page 13
9. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1750 on second reading
amending Chapter 24 of the Code, Section 24-434 entitled Business and
Commercial Uses Master List.
PUBLIC HEARING was held and APPROVED-ORDINANCE-0-96-6
City Attorney Kraft read Temp. Ord. #1750 by Title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek.
Mr. Miller recommended approval.
There was no discussion.
Mayor Abramowitz opened and closed the public hearing with no discussion.
VOTE:
ALL VOTED AYE
10. QUASI-JUDICIAL - PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #7421
granting a limited parking waiver to reduce the number of required parking spaces
from 190 to 182 at the POINT PLAZA SHOPPING CENTER located on the northeast
corner of Nob Hill Road and Westwood Drive. Case No. 21-Z-95.
DEFERRED on Pages 6 and 7 then APPROVED-RESOLUTION-R-96-121
City Attorney Kraft read Temp. Reso. #7421 by Title.
Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin.
Bruce Weiner, representing the petitioner, waived his Quasi -Judicial rights.
There was discussion regarding the site plan and Items 11 and 12 at the same time but
voting separately.
Jeffrey L. Miller, Director of Community Development, read the Findings of Fact for Items
10, 11 and 12 and recommended approval for all.
VOTE: ALL VOTED AYE
City Commission Regular Meeting
May 22, 1996
Page 14
--1�►`LZ•1�.�1.�i�1L�L 1,=1�1:� I. Cc��
11. QUASI-JUDICIAL - MOTION TO ADQE!T Temp. Rego. #7418 approving a minor
delegation request to include an additional 3,636 square feet of commercial in the
Nob Hill/Westwood Plat, Parcel B, located in the POINT PLAZA SHOPPING
CENTER at the northeast corner of Nob Hill Road and Westwood Drive. Case No.
17-P-95.
DEFERRED on Pages 6 and 7. APPROVED-RESOLUTION-R-96-122
City Attorney Kraft read Temp. Reso. #7418 by Title.
Bruce Weiner, representing the petitioner, waived his Quasi -Judicial rights.
Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin
U619:$
ALL VOTED AYE
12. QUASI-JUDICIAL - MOTION TO ADOPT Temp, Roo. ,#7419 approving a site plan
for an additional 6,254 square feet for the construction of a one-story retail office
building at POINT PLAZA SHOPPING CENTER located at the northeast corner of
Nob Hill Road and Westwood Drive.
DEFERRED on Page 7. APPROVED-RESOLUTION-R-96-123
City Attorney Kraft read Temp. Reso. #7419 by Title.
Bruce Weiner, representing the petitioner, waived his Quasi -Judicial rights.
Comm. Machek MOVED APPROVAL, SECONDED by V/M Mishkin.
There was discussion regarding parking spaces, entrance, the proposed building and traffic
from Westwood Drive and Nob Hill Road.
Mayor Abramowitz opened and closed the hearing with no further discussion.
Lyle] 111 =F
ALL VOTED AYE
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City Commission Meeting
May 22, 1996
Page 15
Mayor Abramowitz requested a recess at 11:00 A.M. for the Attorney -Client Session and
the Meeting reconvened at 12:57 P.M. with everyone present.
City Attorney Kraft advised that he, Mayor Abramowitz, V/M Mishkin, Commissioners
McKaye, Machek and Schreiber, and City Manager Noe attended the Attorney -Client
Session.
Mayor Abramowitz stated all items on the agenda were finished and he adjourned the
Meeting at 12:59 P.M.
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Carol A. Evans, CIVIC
City Clerk
1
� d"4orman Abramowitz
Mayor
CITY OF TAMARAC
VED AT MEETING OF IPI Z 9(