HomeMy WebLinkAbout1997-07-23 - City Commission Regular Meeting MinutesREVISED: September 9, 1997
Page 7 - Item #6
CITY OF TAMARAC
CITY COMMISSION REGULAR MEETING
WEDNESDAY, JULY 23, 1997
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, July 23, 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
Patricia Marcurio, CMC, Assistant City Clerk
P ED E OF ALLEGIANCE: Mayor Schreiber called for the Pledge of Allegiance.
Tape 1
2. P. MOTION T-Q ADOPT Temp. Reso. #7948 for the issuance and sale of
not exceeding $4,000,000. industrial revenue development bonds, Series
1997, by the City, the proceeds of which would be used to finance
construction of a manufacturing facility in the City, Sun Belt Precision
Products, Inc. These bonds will not constitute a debt of the State of
Florida or the City of Tamarac.
City Manager Noe suggested removing Item 11 from the regular agenda and placing
Item 11 on the Consent Agenda.
Comm. Sultanof MOVED APPROVAL to place Item 11 on the Consent Agenda,
SECONDED by Comm. Roberts.
0 VOTE: ALL VOTED AYE
Page 2
City Commission Regular Meeting
July 23, 1997
PUBLIC PARTICIP , TQs ION
REVISED: September 9, 1997
Page 7 - Item #6
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 (3)
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.
Murray Kahn, resident, spoke on the Charter Board and senior center.
Robert Curcio, resident, spoke against the appointment of Kathleen Margoles as Parks
and Recreation Director.
CONSENT AGENDA
2. Items listed under Consent Agenda, Item 2, 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 7/9/97 City Commission
meeting.
APPROVED
b. MOTION TO ADOPT Temp. Reso. #7906 authorizing the appropriate
City officials to execute an agreement with Florida Power & Light
authorizing the installation of approximately 65 new street lights on
University Drive between Southgate Boulevard and Commercial
Boulevard for an approximate cost of $13,000. per year.
APPROVED RESOLUTION R-97-176
c. MOTION TO ADOPT Temp. Reso. #7922 authorizing the appropriate City
officials to execute an agreement with Infrastructure Management
Services (IMS) for an amount not to exceed $68,000. to re-evaluate the
City streets in order of their rehabilitation priority.
APPROVED RESOLUTION R-97-177 41
Page 3 REVISED: September 9, 1997
City Commission Regular Meeting Page 7 - Item #6
July 23, 1997
2. d. MOTIQb1 TO ADOPT Tqmp. Reso. #7920 awarding Bid 97-12B for
reroofing of the Multipurpose Center to Hurricane Roofing in an amount
not to exceed $23,333.
APPROVED RESOLUTION R-97-178
e. MOTION TO ADOPT Temp. Reso. #7934 authorizing the purchase of a
vehicle for the Broward Sheriffs Office for crime prevention purposes by
use of the State of Florida bid, authorizing an expenditure of grant funds
in an amount not to exceed $25,000 and authorizing the appropriate City
officials to negotiate an agreement with the Broward Sheriffs Office
governing vehicle ownership, usage, maintenance expenses and liability.
APPROVED RESOLUTION R-97-179
f. MOTION ADOPT Temp. . #7946 approving the closing of the
City of Tamarac municipal parking lot located at 5510 NW 22 Avenue by
December 31, 1997, and authorizing the appropriate City officials to effect
the closing by not renewing any existing leases and terminating all
remaining leases as of December 31, 1997.
APPROVED RESOLUTION R-97-180
g. MOTION TO ADOPT Temp. Reso. #7899 authorizing the appropriate City
officials to execute a partnership agreement with the Mental Health
Association of Broward County to allow a Listen to the Children Program
into the City of Tamarac child care programs.
APPROVED RESOLUTION R-97-181
h. MOTION TO ADOPT Temp. Reso. #7941 authorizing the appropriate
City officials to execute a release of age restriction of permanent residents
for TRACT A OF GREENVIEW APARTMENTS located at 10014 Nob Hill
Road North, releasing the age restriction covenant dated December 22,
1976.
APPROVED RESOLUTION R-97-182
r
I
Page 4
City Commission
July 23, 1997
Regular Meeting
REVISED: September 9, 1997
Page 7 - Item #6
2. i. MOTION TQ ADOPT Temp. Reso. #7942 authorizing the appropriate City
officials to execute an agreement with the law firm of Stephen T. Maher,
P.A., as counsel to represent the City in any administrative proceedings
and judicial review proceedings that are determined appropriate to pursue
in order to advance the City of Tamarac's claims against the State of
Florida, Department of Banking and Finance, Division of Securities and
Investor Protection, to recover monies from the Security Guaranty Fund,
in re: E.S.M. Government Securities, Inc.
APPROVED RESOLUTION R-97-183
MOTION TQ ADOPT T m . Reso. #7 15 authorizing the appropriate City
officials to accept a conveyance of Real Property and a Public Utility
Easement from Francis Realty Corporation (Archdiocese of Miami) to
secure land for the ultimate construction of Hiatus Road.
APPROVED RESOLUTION R-97-184
k. MQTJON TO ADQET Temp. Reno. #7916 authorizing the appropriate City
officials to accept a conveyance of Real Property and a Public Utility
Easement from Sam Butters to secure land for the ultimate construction of
Hiatus Road.
APPROVED RESOLUTION R-97-185
MOTION TO ADOPT Temp. Reso. #7950 correcting a scrivener's error
on the legal description attached to Resolution R-97-174, which approved
initiation of an action in eminent domain to condemn real property owned
by Sani-Pip Corporation to secure land for the ultimate construction of
Hiatus Road.
APPROVED RESOLUTION R-97-186
M. MOTION TO ADOPT Temp, Reso. #7938 authorizing the appropriation of
an additional $15,659. to the Area Agency on Aging of Broward County to
meet the Agency's fair share local match funding request for 1997 and
authorizing the necessary budget transfers.
APPROVED RESOLUTION R-97-187
n. MOTION TO ADOPT Temp. Reso. #7949 approving the City Manager's
appointment of Paul A. Gioia as Chief Building Official effective July 28,
1997.
APPROVED RESOLUTION R-97-188
1
11
J
Page 5
City Commission Regular Meeting
July 23, 1997
REVISED: September 9, 1997
Page 7 - Item #6
2. o. MOTION TO ADOPT Temp. Reso. #7951 approving the City Manager's
appointment of Kathleen Margoles as Director of Parks and Recreation
effective July 24, 1997.
APPROVED RESOLUTION R-97-189
P. MOTION TO ADOPT TempTResQ. #7948 for the issuance and sale of
not exceeding $4,000,000. industrial revenue development bonds, Series
1997, by the City, the proceeds of which would be used to finance
construction of a manufacturing facility in the City, Sun Belt Precision
Products, Inc. These bonds will not constitute a debt of the State of
Florida or the City of Tamarac.
APPROVED RESOLUTION R-97-195 (Formerly Item 11)
Comm. Sultanof MOVED APPROVAL of the entire Consent Agenda, SECONDED by
Comm. McKaye.
VOTE: ALL VOTED AYE
END OF CONSENT AGENDA
QUASI-JUDICIAL HEARINGS
3. a. QUASI-JUDICIAL - MQTION TO Al2OPT Temp. Reso. #7935 approving
a waiver to the sign code for a billboard sign 20-feet in height and 200
square feet in area utilizing more than three colors for PLUM
HARBORIPLUM BAY located on the east side of Nab Hill Road north of
Commercial Boulevard.
APPROVED RESOLUTION R-97-190
City Attorney Kraft read Temp. Reso. #7935 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Roberts.
Susan Prillaman, Pulte Homes, waived her quasi-judicial rights and made a
presentation concerning Items 3.a. and 3.b.
VOTE:
ALL VOTED AYE
Page 6
City Commission Regular Meeting
July 23, 1997
REVISED: September 9, 1997
Page 7 - Item #6
3. b. A - UDICIAL - MOJIQN TO ADOPT Temp. so. #7936 approving
a waiver to the sign code for a billboard sign 20-feet in height and 200
square feet in area utilizing more than three colors for PLUM
HARBORIPLUM BAY located on the north side of Commercial Boulevard
east of Nob Hill Road.
APPROVED RESOLUTION R-97-191
City Attorney Kraft read Temp. Reso. #7936 by title.
Comm. McKaye MOVED APPROVAL, SECONDED by Comm. Sultanof.
Susan Prillaman, Pulte Homes Corp., waived her quasi-judicial rights.
Carl Alper and Joe Padwa, residents, spoke on Items 3.a. and 3.b.
Mayor Schreiber closed the hearing with no further discussion.
VOTE:
ALL VOTED AYE
4. QUASI-JUDICIAL - M TI T PT Temp. Reso. #7939 approving a
waiver to the sign code for a billboard sign 21-feet in height and 160 square feet
in area with five lines of copy for KINGS POINT located at the center of Tract 9,
west of NW 108 Terrace adjacent to the Sawgrass Expressway.
TABLED at the request of the petitioner.
City Attorney Kraft read Temp. Reso. #7939 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof.
Mike Smolak, Vice President of Lennar Homes, waived his quasi-judicial rights and
made a presentation.
Bernie James and Abe Garr, residents, spoke on the sign.
Mike Smolak said he was withdrawing this application.
Comm. Sultanof MOVED to TABLE Item 4 from the agenda, SECONDED by Comm.
Roberts.
VOTE: ALL VOTED AYE
1
11 1
Page 7 REVISED: September 9, 1997
41 City Commission Regular Meeting Page 7 - Item #6
July 23, 1997
5. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso #7937 granting a special
exception to permit the on -premises sale and consumption of beer and wine for
the China Duck located at 4273 W. Commercial Boulevard in the SUNSHINE
PLAZA. Case No. 8-Z-97.
APPROVED RESOLUTION R-97-192
City Attorney Kraft read Temp. Reso. #7937 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by V/M Mishkin.
Yok Yuen Lee, owner, waived her quasi-judicial rights.
Tape 2
VOTE: ALL VOTED AYE
END OF QUASI-JUDICIAL HEARINGS
PUBLIC HEARINQS_9:30 A.M.
6, PUBLIC HEARING - MOTIQN TO ADOPT Temp ,Reso. #7940 relating to the
provision of fire rescue services, facilities and programs in the City of Tamarac,
reimposing fire rescue assessments against assessed property located within
the City of Tamarac for the fiscal year beginning October 1, 1997, approving the
rate of assessment and the assessment roll.
APPROVED RESOLUTION R-97-193
City Attorney Kraft read Temp. Reso. #7940 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof.
Mayor Schreiber discussed a petition from Bermuda Cluband read a statement
regarding the assessment and City Manager Noe made a presentation.
Tape 3
Mayor Schreiber opened the public hearing.
Numerous residents said they opposed the increased fire rescue assessment and other
residents commented on the assessment versus using ad valorem monies.
Page 8
City Commission Regular Meeting
July 23, 1997
Tape 4
REVISED: September 9, 1997
Page 7 - Item #6
Discussion continued and Mark Lawson representing Nabors, Giblin & Nickerson,
attorneys, made a presentation.
Mayor Schreiber closed the public hearing with no further discussion.
VOTE:
Comm. Sultanof
AYE
Comm. Roberts
AYE
Comm. McKaye
AYE
V/M Mishkin
AYE
Mayor Schreiber
NAY
Mayor Schreiber called for a recess at 11:35 a.m. and the meeting reconvened at 11:55
a.m. with everyone in attendance.
7. PUBLIC HEARING - MOTION TO ADOPT Tema. Ord. # on first reading
providing for the adoption of the Comprehensive Plan including all the elements
of the Comprehensive Plan, the Plan implementation procedures and the
evaluating and monitoring procedures.
APPROVED on first reading.
City Attorney Kraft read Temp. Ord. #1795 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof.
Mayor Schreiber opened and closed the public hearing with no discussion.
VOTE: ALL VOTED AYE
8. PU13LIC HEARING - MOTION_TO ADOPI Temp. Ord._#1790 on second
reading amending Chapter 12, "License and Business Regulations", of the City
of Tamarac, by amending Article II, "Occupational Licenses", amending Section
12-39, "Amount of Fee", to conform with Chapter 205, Florida Statutes,
modifying occupational license fees and classifications and establishing equity
between license fees and establishing additional license classifications and fees.
Case No. 7-Z-97.
APPROVED ORDINANCE 0-97-9
0
Page 9 REVISED: September 9, 1997
City Commission Regular Meeting Page 7 - Item #6
July 23, 1997
City Attorney Kraft read Temp. Ord. #1790 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye.
Mayor Schreiber opened and closed the public hearing with no discussion.
VOTE:
ALL VOTED AYE
9. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1764 on second
reading amending Chapter 18, entitled "Signs and Advertising" providing for the
elimination of ambiguities; providing for the incorporation of urban design
principles and providing for flexibility in design and administration of signs and
advertising. Case No. 16-Z-96.
APPROVED ORDINANCE 0-97-10
City Attorney Kraft read Temp. Ord. #1764 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts.
Mayor Schreiber opened the public hearing.
Carl Alper, resident, recommended tabling Item 9.
Mayor Schreiber closed the public hearing.
Tape 5
VOTE:
END OF PUBLIC HEARINGS
ALL VOTED AYE
10. Mom( 'LION TO ADOPT Temp, -Reso. #7928 authorizing the City Manager to send
a proposed millage rate of :7.2512 5�. 999 mills to the Property Appraiser for
Fiscal Year 1998 and setting September,9 10, 1997 at 545 6:30 p.m. at the
Tamarac Commission Chambers, 7525 NW 88 Avenue, Tamarac, as the date,
time and place for the first public budget hearing.
APPROVED as Amended. RESOLUTION R-97-194
City Attorney Kraft read Temp. Reso. #7928 by title.
Page 10
City Commission Regular Meeting
July 23, 1997
REVISED: September 9, 1997
Page 7 - Item #6
Comm. Sultanof MOVED APPROVAL, SECONDED by V/M Mishkin.
City Manager Noe recommended rescheduling the first budget public hearing to
September 10, 1997 at 6:30 p.m. and amending Temp. Reso. #7928 to change the
proposed millage rate to 5.9999.
V/M Mishkin MOVED APPROVAL of the changed millage rate to 5.9999 and the
change in the date of the budget hearing to September 10, 1997 at 6:30 p.m.,
SECONDED by Comm. Roberts.
VOTE:
ALL VOTED AYE
V/M Mishkin MOVED APPROVAL OF Temp. Reso. #7928 as amended, SECONDED
by Comm. Roberts.
VOTE: ALL VOTED AYE
12. MOTION TO ADOPT Temp. Ord. #1792 on first reading amending Code Section
22-277 and Section 22-279 providing for elimination of the requirement for a
building permit when recertifying a backflow prevention device.
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission Meeting, September 10, 1997, at or after 7:30 p.m. in
City Commission Chambers.
City Attorney Kraft read Temp. Reso. #1792 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts.
VOTE: ALL VOTED AYE
REPORTS
13. City Commission
Comm. Roberts - no report.
Comm. McKaye - no report.
Comm. Sultanof advised he was the City Commission's liaison on the Friends of the
Library Committee. 0
Page 11 REVISED: September 9, 1997
City Commission Regular Meeting Page 7 - Item #6
July 23, 1997
13. City Commission (Continued)
Mayor Schreiber and V/M Mishkin congratulated Sallie James on her recent marriage.
Mayor Schreiber requested notification of future Friends of the Library reports.
15. City Mauer
City Manager Noe congratulated EMS Chief Terry on the Fire Department's recent
competition.
14. City Attorney
City Attorney Kraft - no report.
With no further discussion, Mayor Schreiber adjourned the meeting at 12:30 p.m.
Carol A. Evans, CIVIC
City Clerk
0
oe Schreiber
Mayor
CITY OFT C
APPROVED AT MEETING OF o