HomeMy WebLinkAbout1999-06-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JUNE 9, 1999
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, June 9,1999, at 7:00 P.M. in the Commission Chambers of
Tamarac City Hall, 7525 Northwest 8811 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner
Edward C. Portner, 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 Schreiber of a proclamation proclaiming June
13, 1999 as Race Unity Day, and Mrs. Marty Marshall accepted.
2. PRESENTATION by Mayor Schreiber of a proclamation proclaiming July,
1999 as Parks and Recreation Month, and Jerry Ginsberg accepted.
3. PRESENTATION by Mayor Schreiber of a Certificate to Commissioner
Roberts for completing eighteen hours of instruction at the Institute for Elected
Municipal Officials, and Commissioner Roberts accepted.
4. PUBLIC PARTICIPATION: There was no public participation
REPORTS
5. City Commission: Commissioner Sultanof said he spoke to Sam
Morrison of the Library System, and is happy to announce that Community
Development Director Miller and Planning and Zoning Manager King will serve
on the committee to review the art and planning of the library.
Vice Mayor Mishkin said he completed the Institute for Elected Municipal
Officials in 1995 as well as the Advanced Institute for Municipal Officials in 1996,
and congratulated Commissioner Roberts on her award. He spoke of the
Broward League of Cities' established citizenship award in honor of Walter Falk.
One of the scholarship recipients, Sarah Swords, achieved outstanding success
despite multiple physical handicaps and Vice Mayor Mishkin expressed a desire
to have recognition drafted honoring Sarah Swords for her accomplishments.
Vice Mayor Mishkin said a greatly overlooked medium for supplying information
to residents is the Tamarac Website. The Website contains photos of the Mayor
and Commissioners, along with short biographies, the Commission Agendas,
and hopefully soon the minutes. To date there have been 30,000 visits to the
Tamarac Website. Vice Mayor Mishkin expressed his concern over the taxes and
charges on his basic telephone bill. Vice Mayor Mishkin wished a happy birthday
to Assistant City Clerk Swenson.
Commissioner Portner thanked his wife Helen for attending her first Commission
meeting. He reported that he attended the Management Seminar in Clearwater,
and City Manager Noe and staff put together an impressive program on City
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Management and Cities from different states requested copies of the session.
Commissioner Portner thanked City Manager Noe and staff for the presentation.
Commissioner Roberts wished a happy birthday to Mayor Schreiber and
Assistant City Clerk Swenson. Commissioner Roberts said the Tamarac
Elementary DARE Graduation will be held tomorrow morning, and on June 151"
the School Board will hold its final hearing at 11:30 a.m. The new Tamarac
Schools F91 and Middle II will be on the agenda. Commissioner Roberts
congratulated the Public Works Department for the great job they did with the
drainage in the streets during the past heavy rains.
Mayor Schreiber said that today is his birthday and it has been a great day.
Tamarac is getting nationwide recognition from an application submitted to the
Conference of Mayors for a Livability Award for Small Cities. Tamarac was
awarded honorable mention and is in the top 10.
6. City Attorney: City Attorney Kraft wished Mayor Schreiber a happy
birthday and said he had no report.
7. City Manager City Manager Noe reported that the Fire Department
Community Emergency Response Team, which trains residents to prepare for
disasters, has over 100 participants at this time. The Commission appropriated
funds to refurbish the 20-year old aerial platform vehicle, and by doing this saved
the City approximately $250,000. MIS held training sessions in Microsoft Office
and 58 employees participated. There will be a groundbreaking ceremony on
July 9th at 9:30 a.m. for the Senior and Community Center, and the City will
sponsor a Y2K and You Program, to be held on July 131h in the Chambers. The
final layer of asphalt has been laid on Hiatus Road and there will be a ribbon
cutting ceremony in the near future. Social Services will present a new eye and
vision screening program beginning in July, and the program will be free.
CONSENT AGENDA
8. Commissioner Roberts, seconded by Vice Mayor Mishkin, moved to
remove Item 80) from the Consent Agenda. On roll call Commissioner Roberts
voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes",
Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
Commissioner Roberts, seconded by Commissioner Sultanof, moved to approve
all items on the consent agenda, except Item 80). On roll call, Commissioner
Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the May 26, 1999 Commission meeting.
APPROVED
b. TEMPORARY RESOLUTION #8632, authorizing the appropriate City
Officials to execute an addendum to the June 29, 1989 Agreement for five
year extension of a Lease Agreement at a monthly rent of $110.00, with
Frontier II Properties Limited Partnership, current leasing agent for the
property known as Spectrum I Office Building, where the City's 800
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megahertz radio antenna and related equipment is located for the
provision of efficient telecommunications throughout the City.
RESOLUTION NO. R99-138
C. TEMPORARY RESOLUTION #8635 authorizing the purchase of 800
megahertz repeaters and related equipment and installation from
Motorola, Inc., under the Palm Beach County School Board Contract
#99C-127J at a total cost of $41,058.00.
RESOLUTION NO. R99-139
d. TEMPORARY RESOLUTION #8641, authorizing the appropriate City
Officials to execute an Agreement with the State of Florida, Department of
Management Services for the renewal of Suncom Long Distance and
Internet Access Services.
RESOLUTION NO. R99-140
e. TEMPORARY RESOLUTION #8614, authorizing the appropriate City
Officials to accept a Bill of Sale Absolute from Pulte Home Corporation, for
Water Distribution and Sewage Collection System Improvements installed for
the Plum Harbor — Multi -Family Homes — Phase 2 Project, located on the
northeast corner of Nob Hill Road and Commercial Boulevard, for City
ownership.
RESOLUTION NO. R99-141
f. TEMPORARY RESOLUTION #8620, authorizing the appropriate City
Officials to release a Public Improvement Warranty Bond in the form of a
Surety Bond #5928234 from Safeco Insurance Company of America, in
the amount of $3,350.00 for the Water Distribution System Improvements
installed by Pulte Home Corporation for the Sanibel Project, located on
the east side of Sanibel (canal bank) between NW 801h Street and
Southgate Boulevard.
RESOLUTION NO. R99-142
g. TEMPORARY RESOLUTION #8625, authorizing the appropriate City
Officials to accept a Bill of Sale Absolute from LEF/Tamarac, Ltd., for the
Water Distribution System Improvements for the Walgreens Tamarac
Project, located on the northwest corner of Commercial Boulevard and
NW 64th Avenue, for City ownership
RESOLUTION NO. R99-143
h. TEMPORARY RESOLUTION #8626, authorizing the appropriate City
Officials to release a Public Improvement Performance Bond in the form
of an Irrevocable Standby Letter of Credit #BA-375 from Bank Atlantic in
the amount of $20,480.00 subject to the receipt of a one-year Warranty
Bond in the amount of $4,687.50 for the Water Distribution System
Improvements installed by LEF/Tamarac, Ltd., for the Walgreens Tamarac
Project, located on the northwest corner of Commercial Boulevard and
NW 64th Avenue.
RESOLUTION NO. R99-144
i. TEMPORARY RESOLUTION #8624 authorizing the appropriate City
Officials to release a Public Improvement Performance Bond in the form
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of a cash bond in the amount of $5,530.00 and waive the requirement for
a one-year Warranty Bond for the Water Distribution and Sewage
Collection System Improvements installed by McNab Joint Venture for the
Wendy's at McNab Marketplace Project, located on the northwest corner
of McNab Road and University Drive.
RESOLUTION NO. R99-145
k. TEMPORARY RESOLUTION #8642, authorizing the appropriate City
Officials to enter into the second of the three one-year renewal options
periods for lot cutting and related services to Garden of Love Nursery,
Inc.; original contract awarded by Resolution R-98-126; Case No.7-MI-99.
RESOLUTION NO. R99-146
END OF CONSENT AGENDA
8j. TEMPORARY RESOLUTION #8627, authorizing the appropriate City
Officials to: 1) approve an Assignment of the Water and Sewer Developer's
Agreement with Chancellor of Tamarac, Inc., to Irving Miller, Trustee for the
Woodmont Gardens Project; 2) approve an Acceptance and Acknowledgment of
Agreement and Consent to Assignment executed by Chancellor of Tamarac,
Inc., and; 3) approve and execute an Acknowledgment of Agreement and
Consent to Assignment between Chancellor of Tamarac, Inc. and Irving Miller,
Trustee, for the Woodmont Gardens Project located on the south side of
Southgate Boulevard between NW 8111 Avenue and Pine Island Road.
Utilities Director Woika corrected Temporary resolution #8627 and gave a
presentation, and City Attorney Kraft responded to questions from Vice Mayor
Mishkin and Mayor Schreiber. City Attorney Kraft read Temporary Resolution
#8627 by title. Vice Mayor Mishkin, seconded by Commissioner Sultanof moved
approval as amended. 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. R99-147
9. TEMPORARY ORDINANCE #1853, first reading, relating to capital
improvements and related services providing a special benefit to local areas
within the City; providing for title and citation; providing definitions; providing for
the creation of assessment areas; authorizing the imposition and collection of
special assessments to fund the cost of capital improvements and related
services providing a special benefit to local areas within the City; establishing
procedures for notice and adoption of assessment rolls and for correction of
errors and omissions; providing that assessments constitute a lien on assessed
property upon adoption of the assessment rolls; establishing procedures and
methods for collection of assessments; authorizing the issuance of obligations
secured by assessments; providing for various rights and remedies of the
holders of such obligations; providing that such obligations will not create a
general debt or obligation of the City.
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City Attorney Kraft read Temporary Ordinance #1853, revision #1 by title.
Commissioner Sultanof, seconded by Commissioner Roberts, moved approval.
Utilities Director Woika gave a presentation. On roll call Commissioner Portner
voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
QUASI-JUDICIAL HEARINGS
10.QUASI-JUDICIAL MOTION TO ADOPT TEMPORARY ORDINANCE
#1851, second reading, amending prior zoning of certain real estate property
(AKA: Weisz Plat) from R-3 (Low -Density Multi -Family Residential District) to LI-1
(Light Industrial District); lands commonly known as a portion of Tract 7 of the
"Florida Fruit Lands Company No. 2" Plat, according to the Plat thereof as
recorded in Plat Book 1, Page 102 of the Public Records of Broward County,
Florida, located on the north side of NW 67th Street between Nob Hill Road and
Hiatus Road; Case No. 3-Z-99; providing for amendment of the official zoning
map to reflect such change.
City Attorney Kraft read Temporary Ordinance #1851, revision #1 by title.
Commissioner Roberts, seconded by Commissioner Sultanof moved approval.
David Ofstein, Craig Smith and Associates waived his quasi-judicial rights on
behalf of the applicant. Community Development Director Miller gave a
presentation. 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", Commissioner Sultanof "yes", Commissioner Roberts "yes",
Commissioner Partner "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 099-11
11.QUASI-JUDICIAL MOTION TO ADOPT TEMPORARY RESOLUTION
#8622, issuing Development Order No. 313 and granting Plat approval for the
"Weisz Plat" requested by Louise Weisz, Owner, located on the north side of NW
67 Street between Nob Hill Road and Hiatus Road; specifically Tract 7 of the
"Florida Fruit Lands Company No. 2" Plat, according to the Plat thereof, as
recorded in Plat Book 1, Page 102 of the Public Records of Broward County,
Florida; Case No. 4-P-99; pursuant to the provisions of Section 10-2 through 10-
29 of the Tamarac Code of Ordinances.
City Attorney Kraft read Temporary Resolution #8622 by title. Commissioner
Roberts, seconded by Commissioner Sultanof moved approval. Greg Meyer,
Craig Smith & Associates waived his quasi-judicial rights on behalf of the
applicant. Community Development Director Miller gave a presentation. 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 Partner "yes", Vice Mayor Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R99-148
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12.QUASI-JUDICIAL MOTION TO ADOPT TEMPORARY RESOLUTION
#8639, approving a Special Exception to allow seven (7) rental trucks in a B-3
(General Business District) zoning category to Family Pool & Patio, located at
8175 NW 88 Avenue in the Tamarac Town Square Shopping Center; specifically
a portion of Parcel "A" of the "Tamarac Town Square", Plat according to the Plat
thereof as recorded in Plat Book 112, Page 1 of the Public Records of Broward
County, Florida; Case No. 2-Z-99,
City Attorney Kraft read Temporary Resolution #8639 by title. Commissioner
Sultanof, seconded by Commissioner Roberts moved approval. Sy Hyman,
Family Pool & Patio, waived his quasi-judicial rights. Community Development
Director Miller gave a presentation.
Commissioner Portner expressed his concern about vehicles being seen from
the road, Vice Mayor Mishkin expressed concern about the traffic patterns and
the sizes of the vehicles that will be on the site, and Commissioner Sultanof
expressed his concern about the turn lane. Mr. Hyman responded.
Mayor Schreiber said he opposed the application because when the City
changed the Code, this usage was not listed. Mayor Schreiber opened the
public hearing and with no one wishing to speak, closed the public hearing.
Commissioner Roberts said the Building Department is in the same shopping
center as Mr. Hyman's business, and the City will know immediately if Mr.
Hyman is not in compliance. Community Development Director Miller revised
page 3, Section 2 of Temporary Resolution #8639 by adding the staff conditions
as an exhibit. Vice Mayor Mishkin seconded by Commissioner Portner moved to
amend Temporary Resolution #8639 by adding the staff conditions. On roll call
Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor
Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion
carried. On roll call to approve Temporary Resolution #8639 as amended,
Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor
Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "no". Motion
carried.
END OF QUASI-JUDICIAL HEARINGS
There being no further business, Mayor Schreiber adjourned the Regular
Commission Meeting at 8:00 P.M.
CAROL GO D, CMC/AAEO
CITY CLERK
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CITY OF TAMARAC
APPROVED AT MEETING OF
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