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Home My WebLink About1999-07-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JULY 14, 1999 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, July 14,1999, at 7:00 P.M. in the Commission Chambers of Tamarac City Hall, 7525 Northwest 881h Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. 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. INTRODUCTION 1. PRESENTATION by Mayor Schreiber recognizing and congratulating Sergeant Robert W. Logan, and Sergeant Logan accepted. PUBLIC PARTICIPATION 2. PUBLIC PARTICIPATION: Marcia Kantorwitz, 7306 NW 94 Avenue, Tamarac, FL, Yola Yoss, 7308 NW 98 Way, Tamarac, FL, Jean Sokel, 9406 NW 73 Street, Tamarac, FL, Ann Ranta, 7304 NW 98 Way, Tamarac, FL, Diane Glasser, 9507 NW 72 Court, Tamarac, FL, Mollie Blatt, 7004 NW 99 Avenue, Tamarac, FL, Murry Corito, 9412 NW 73 Court, Tamarac, FL, former director of the National Safety Council, and Jack Gordon, 9804 NW 71 Street, Tamarac, FL, spoke about the inconvenience of both the right turn only sign on Westwood Drive and Nob Hill Road and the cancelled bus route. Vice Mayor Mishkin said he understands the residents' concerns, however, most of the Commissioners knew nothing about this issue until 2 weeks ago. He said those affected should have advised their Commissioner. Vice Mayor Mishkin said as a member of the Broward County Metropolitan Planning Organization, which is in charge of all transportation needs in Broward County, the Broward League of Cities Transportation Committee, and as liaison of the Transportation Committee his priority will be to solve this problem quickly. Vice Mayor Mishkin said next week the City of Tamarac will be receiving buses that will make scheduled stops at important places in Tamarac. This service will connect to the County transportation system at the Senior and Community Center, allowing people to travel throughout Broward and Dade Counties. Commissioner Sultanof said the Commission was never made aware that the sign was to be erected, and the community should have been addressed prior to the sign going up. Now that the Commission is aware of it, this Commission will do what it can to get the sign removed and the bus route reinstated. Mayor Schreiber said he has been in touch with the Director of Bus Transportation in the County, who is getting in touch with the Director of Traffic to solve the problem. Commissioner Portner said there is no District in the City without bus problems, and the City and County are working very hard to solve the problems. The 7/14/99 1 transportation issue will be taken up tomorrow at the City's budget meeting, and it is a major concern of the Commission. REPORTS 3. City Commission: Commissioner Sultanof complemented City Manager Noe for the new nameplates. Commissioner Sultanof spoke about the Dorcean family's poor financial situation and their inability to pay for a grave stone. Paula Lane of Star of David arranged for a monument to be put on Mr. Dorcean's grave. Commissioner Sultanof was appointed to chair the Broward League of Cities Committee on Aging, and he was also appointed to the Executive Steering Committee of the Senior Games. Vice Mayor Mishkin congratulated Sgt. Logan and his family and wished everyone a happy vacation. Commissioner Portner had no report. Commissioner Roberts congratulated Sgt. Logan. Commissioner Roberts said the County puts up signs and traffic lights, Tamarac does not, and she had no knowledge of where the right turn sign came from. Mayor Schreiber wished Sgt. Logan the best. Mayor Schreiber said he received a letter from the Dorceans, and he turned it over to the Social Services Coordinator. Tamarac is known as the City with a heart. Mayor Schreiber said the Commission is working on the budget, and he is happy to announce that there will be no tax increase next year, even though services have been expanded. Mayor Schreiber wished everyone a happy summer. 4. City Attorney: City Attorney Kraft had no report. 5. City Manager: City Manager Noe said Tamarac hosted the Y2K Program and he thanked Broward County Government, Florida Banker's Association, BellSouth, Florida Power and Light, Publix and University Hospital for their participation. Tamarac Fire Rescue placed 3rd in the Clincon Competition, in this, its 3'd year of competition. Parks and Recreation is opening the Roller Hockey Rink for a skate night. July is National Parks and Recreation Month, and there will be a basketball competition, a concert by the Kings Point Choral Group, and a teen lock in, all on July 231. Tamarac has been designated as a Millennium Community, CONSENT AGENDA 6. Commissioner Sultanof, seconded by Commissioner Portner moved to add Temporary Resolution #8697, appointing Vice Mayor Larry Mishkin as the City's Liaison to Broward County's Transportation Issues, to the consent agenda. On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. City Manager Noe asked to have item 6(t) TEMPORARY RESOLUTION #8679, authorizing the appropriate City Officials to approve the request to waive the Building Permit Fees and Occupational License Fees for an amount not to exceed $332.50 for Value Dining (d/b/a: Golden Corral Restaurant) for the Tamarac Bull Dogs (Special Olympics Team) Special Event Fund Raiser; Case No. 9-MI-99, removed from the agenda, as the applicant has withdrawn the 7/14/99 2 request. On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Portner, seconded by Commissioner Sultanof moved to approve all items on 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. a. APPROVE the minutes of the June 23, 1999 Regular Commission meeting. APPROVED b. APPROVE the minutes of the June 23, 1999 Special Commission meeting. APPROVED C. TEMPORARY RESOLUTION #8648 authorizing the appropriate City Officials to release a Public Improvement Performance Bond in the amount of $1,185.00 from Absolute Fire Protection, Inc., and waive the requirement for a one year Warranty Bond for the water distribution system improvements for the Classic Commercial Villas Project located at 4800 West Commercial Boulevard. RESOLUTION NO. R99-170 d. TEMPORARY RESOLUTION #8652, authorizing the appropriate officials to refund a performance bond paid to the City by Montwood, Inc., in the amount of $5,000.00. RESOLUTION NO. R99-171 e. TEMPORARY RESOLUTION #8673, authorizing the appropriate Officials to refund a Warranty Bond paid to the City by Ramshire/Fairways of Tamarac in the amount of $7,132.25 RESOLUTION NO. R99-172 f. TEMPORARY RESOLUTION #8677, authorizing the appropriate Officials to refund a performance bond paid to the City by Waterford Woodmont, Ltd., in the amount of $2,500.00. RESOLUTION NO. R99-173 g. TEMPORARY RESOLUTION #8689, authorizing the appropriate City Officials to release Performance Bond (Letter of Credit #933320) in the amount of $4,925.00, posted for public improvements at Golden Corral, located at 7401 West Commercial Boulevard, subject to receipt of a Warranty Bond in the amount of $1,231.25. RESOLUTION NO. R99-174 h. TEMPORARY RESOLUTION #8688, authorizing the appropriate City Officials to release Performance Bond (Letter of Credit #BA-374) in the amount of $24,481.70 posted for public improvements at Walgreens located on 6401 West Commercial Boulevard subject to receipt of a Warranty Bond in the amount of $6,120.43. RESOLUTION NO. R99-175 7/14/99 3 i. TEMPORARY RESOLUTION #8636 authorizing the appropriate officials to refund a Performance Bond paid to the City by Florida Power & Light in the amount of $16,802.25. RESOLUTION NO. R99-176 j. TEMPORARY RESOLUTION #869.3, authorizing the appropriate City Officials to refund traffic signalization impact fees paid to the City by National Business Center in the total amount of $1,465.79 RESOLUTION NO. R99-177 k. TEMPORARY RESOLUTION #8676, authorizing the replacement of Resolution 98-156 previously adopted on May 27, 1998, with revised Resolution 98-156 identified as "Attachment A" to correct mis-numbered sections. RESOLUTION NO. R99-178 I. TEMPORARY RESOLUTION #8674, authorizing the appropriate City Officials to execute an engineering agreement with Craig A. Smith & Associates to provide design, permitting, bidding, construction management and inspection services for the rehabilitation of three stormwater pump stations as defined in the approved FY99 Capital Improvement Program Budget; approving an expenditure not to exceed $158,980.00 for "Phase I" consisting of design, permitting and bidding services. RESOLUTION NO. R99-179 M. TEMPORARY RESOLUTION _#8692,authorizing the appropriate City Officials to award a Contract for School Crossing Guard Services to Oasis Staffing/King Companies Corporation, the successful bidder of Request For Bid 99-12B; in the amount of $7.67 per hour; Case No. 11-MI-99. RESOLUTION NO. R99-180 n. TEMPORARY RESOLUTION #8654, authorizing the appropriate City Officials to award a Contract for Consulting Services to Community Redevelopment Associates of Florida, Inc. (CRA), the successful bidder to LOI-98-1-04, for preparation of a consolidated plan, a required inclusion to the City's United States Department of Housing and Urban Development (HUD) Community Development Block Grant Application, and an approved element of LOI-98-1-04; in an amount not to exceed $60,000.00; Case No. 8-MI-99. RESOLUTION NO. R99-181 o. TEMPORARY RESOLUTION #8686, authorizing the appropriate City Officials to amend the SHIP Fund Budget of estimated revenues and expenditures in the amount of $127,250.00 by accepting an additional allocation of $127,250.00 of the State of Florida's State Housing Initiatives Partnership (SHIP) Program funds for the fiscal year 1998-1999 thereby increasing the funding for the fiscal year 1998-1999 to $433,044.00 to be utilized according to the City's Local Housing Assistance Plan and Housing Delivery Goals Chart; Case No. 10-MI-99. RESOLUTION NO. R99-182 7/14/99 4 P. TEMPORARY RESOLUTION #8640 requesting that the Florida Building Commission adopt a Florida Building Code that will maintain the current level of safety provided to citizens and residents of Broward County, Florida, in the current South Florida Building Code; authorizing and directing the City Clerk to transmit a copy of this resolution to the Governor of the State of Florida, the Florida Building Commission, the Broward County Legislative Delegation, the Florida League of Cities, the Broward County League of Cities, the City Commission of each City in Broward County. RESOLUTION NO. R99-183 q. TEMPORARY RESOLUTION #8666, authorizing the purchase of software training services from Comp USA at a rate of $650.00 per class, not to exceed $15,000.00. RESOLUTION NO. R99-184 r. TEMPORARY RESOLUTION #8599, executing and agreement with Valuation Resource Management, Inc. for providing inventory, valuation and bar-coding services utilizing the Seminole County RFP-457-98/JVP effective February 19, 1999 through February, 2004 for a total not to exceed $33,000, approving funding from the appropriate accounts. RESOLUTION NO. R99-185 S. TEMPORARY RESOLUTION #8680, authorizing the appropriate City Staff to negotiate the renewal of the Single -Family Solid Waste and Residential Recycling Collection Services Agreements between the City of Tamarac and All Service Refuse Company. RESOLUTION NO. R99-186 t. TEMPORARY RESOLUTION #8679, authorizing the appropriate City Officials to approve the request to waive the Building Permit Fees and Occupational License Fees for an amount not to exceed $332.50 for Value Dining (d/b/a: Golden Corral Restaurant) for the Tamarac Bull Dogs (Special Olympics Team) Special Event Fund Raiser; Case No. 9- MI-99. WITHDRAWN AT APPLICANT'S REQUEST U. TEMPORARY RESOLUTION #8695, authorizing the construction and expansion of parking spaces within the public rights -of -way on NW 72nd Street and NW 72nd Manor to meet the handicapped space requirements per Americans With Disabilities Act subject to the negotiation and execution of a Hold Harmless Agreement with Westwood Community #3 Homeowners Association, Inc. for the use of public rights -of -way on NW 72nd Street and NW 72nd Manor. RESOLUTIO NO. R99-187 V. TEMPORARY RESOLUTION #8697, appointing Vice Mayor Larry Mishkin as the City's liaison to Broward County's Transportation issues. RESOLUTION NO. R99-188 END OF CONSENT AGENDA 7/14/99 5 7. TEMPORARY RESOLUTION #8649 a Resolution of the City Commission of the City of Tamarac, Florida, relating to the construction and funding of the water distribution facilities and wastewater collection facilities; describing the property to be located within the proposed North Section 7 Assessment Area; determining the estimated cost of the water distribution facilities and wastewater collection facilities; determining that certain real property will be specially benefited by the water distribution facilities and wastewater collection facilities; establishing the method of assessing the costs of the water distribution facilities and wastewater collection facilities against the real property that will be specially benefited thereby; establishing other terms and conditions of the assessments; directing the City Manager to prepare a tentative assessment roll based upon the methodology set forth herein; establishing a public hearing to consider imposition of the proposed assessments and the method of their collection; directing the provision of notice in connection therewith. City Attorney Kraft read Temporary Resolution #8649, revision #1 by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. 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. R99-189 8. TEMPORARY RESOLUTION #8629, relating to the provision of Fire Rescue Services, facilities and programs in the City of Tamarac, Florida; establishing the estimated assessment rate for Fire Rescue Assessments for the Fiscal Year beginning October 1, 1999; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof. City Attorney Kraft read Temporary Resolution #8629 by title. Commissioner Roberts seconded by Commissioner Portner moved approval. Vice Mayor Mishkin said he is pleased that the City does not have to raise the rate, and ours is among the lowest in Broward County using this method of raising funds for fire rescue. On roll call Commissioner Roberts voted "yes", Commissioner Partner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-190 9. TEMPORARY RESOLUTION #8678, authorizing the City Manager to send a proposed millage rate of 5.9999 mills to the Property Appraiser for Fiscal Year 2000 and setting September 9, 1999 at 6:30 p.m. at the Tamarac Commission Chambers, 7525 NW 88th Ave., Tamarac, Florida as the date, time, and place for the first public budget public hearing and September 23, 1999 at 6:30 p.m. at the Tamarac Commission Chambers, 7525 NW 88th Avenue, Tamarac, Florida as the date, time and place for the second public budget hearing. City Attorney Kraft read Temporary Resolution #8678 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. City Manager 7/14/99 6 Noe explained the millage rate. Commissioner Portner said the City's budget is approximately $63 million, and he urged people to come to the budget hearings in September to see how the City is spending their money. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-191 10. TEMPORARY RESOLUTION #8672, amending and supplementing Resolution No. 98-156 relating to the City's Revenue Bonds, fixing certain terms and details of such Bonds; authorizing a negotiated sale of such Bonds pursuant to a Bond Purchase Contract; approving the form of and authorizing the distribution of a Preliminary Official Statement and authorizing the execution and delivery of a Final Official Statement; selecting a Paying Agent and Registrar and authorizing the execution and delivery of Agreements between the City and the Bond Registrar and Paying Agent; ratifying the selection of Financial Guaranty Insurance Company as Bond Insurer and providing for certain matters in connection therewith; authorizing the execution and delivery of a Continuing Disclosure Certificate; authorizing other required actions. City Attorney Kraft read Temporary Resolution #8672 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Finance Director McGarrity gave a presentation, followed by Patti Garrett, of Public Financial Management, the City's Financial Advisor. Ms. Garrett responded to questions from Vice Mayor Mishkin and Mayor Schreiber. Dean Dickson, Bond Counsel, of Akerman, Senterfitt, et al., Orlando, FL, and Todd Holder, of First Union Capital Markets, the City's Underwriter, also gave presentations. City Manager Noe commended Assistant City Manager Hemstreet, Finance Director McGarrity and Patti Garrett, of PFI for their efforts on behalf of the City of Tamarac. Commissioner Sultanof said he wanted the citizens of Tamarac to know that Tamarac is very financially stable. On roll call, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-192 11. TEMPORARY RESOLUTION #8685, authorizing the appropriate City Officials to execute a Lease Agreement with Ramco-Gershenson, Inc., for the location of Satellite City Hall at Sunshine Plaza in Tamarac. City Attorney Kraft read Temporary Resolution #8685, revision #4, by title. Assistant City Manager Hemstreet explained that the lease is still being negotiated, and the City is trying to keep the required hours of operation out of the lease agreement. Mayor Schreiber asked about demolition of the structure in front of the store, and Assistant City Manager Hemstreet explained the rate would go up $3.00 per square foot after the structure is demolished. Commissioner Portner said he was of the understanding that the Commission authorized the City to sign the lease with hours of operation up to 40 hours, if necessary, and Commissioner Portner also asked about cancellation of the lease, if necessary. Assistant City Manager Hemstreet responded. On roll call 7/14/99 7 Commissioner Sultanof voted "yes", Commissioner Roberts "no", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried RESOLUTION NO. R99-193 PUBLIC HEARING 7:30 P.M. 12. TEMPORARY ORDINANCE #1839 second reading, amending Chapter 14 entitled, "Motor Vehicles and Traffic", Article I entitled, "In General", creating Section 14-6 entitled, "Prohibition of Heavy Commercial Truck Traffic" prohibiting heavy commercial truck traffic on NW 108 Terrace/NW 80 Street; Case No. 11-Z- 97. City Attorney Kraft read Temporary Ordinance #1839, revision #1, by title on second reading. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Vice Mayor Mishkin urged the Commission to vote for this Ordinance. Commissioner Sultanof said Tamarac is the first City in Broward County to make this decision, and explained that this is for heavy trucks, and light vehicles are permitted. Mayor Schreiber opened the Public Hearing. Todd Vanderwood, Tamarac, FL spoke about a designated truck route, and asked whether the area in question was commercial or residential. Commissioner Sultanof responded. With no one else wishing to speak, Mayor Schreiber closed the Public Hearing. On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 099-13 END OF PUBLIC HEARING QUASI-JUDICIAL HEARING 13, TEMPORARY RESOLUTION #8671, approving a special exception to allow up to three (3) rental trucks in a B-3 (General Business District) zoning category to Tamarac Pack and Ship, located at 10018 West McNab Road in the Tamarac Marketplace Shopping Center; specifically Tract "A" of the "Tamarac Market Place" plat, according to the plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida; Case No. 4-Z-99. City Attorney Kraft read Temporary Resolution #8671, revision #1 by title and explained the quasi-judicial procedure. Robert Barger, Tamarac Pack & Ship, 100018 West McNab Road, Tamarac, FL, waived his quasi-judicial rights. Community Development Director Miller gave a presentation. Commissioner Roberts questioned whether there was adequate parking and Community Development Director Miller responded. Commissioner Sultanof expressed his concern about trucks parking in front of the store, and said he would like to see the trucks exiting the onto McNab Road. Vice Mayor Mishkin expressed concern about truck rental businesses, and opposed proliferation of these types of businesses in Tamarac. Mayor Schreiber questioned the proposed use of the U- Haul trucks and Mr. Bargar responded. Mayor Schreiber opened the Public Hearing. Marvin Seidel, Kings Point Belfort, Tamarac, FL questioned the legality of approving a request for this type of business for one owner and not for another. Mayor Schreiber responded that he voted against it last time. Mayor 7/14/99 8 1 Schreiber said there is an Ordinance in the Code for permitted uses, and truck rental is not one of them. Commissioner Roberts said she would like Mr. Bargar to agree that he will have no more than 3 trucks, and they will be parked in the rear of the shopping center. Vice Mayor Mishkin said there are aesthetics involved; this type of business has a negative impact on the neighborhood; there are safety concerns; and additional traffic will be created. Commissioner Sultanof felt the Commission did not have all the facts necessary. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "no", Commissioner Sultanof "no", Commissioner Roberts "yes", and Mayor Schreiber "no". Motion failed. END OF QUASI-JUDICIAL HEARING Mayor Schreiber handed the gavel to Vice Mayor Mishkin. Mayor Schreiber seconded by Commissioner Roberts moved to appoint Commissioner Partner as Liaison to the Planning Board. After discussion about whether to appoint Commissioner Portner as Liaison to the Planning Board by motion or have a Resolution drafted, Commissioner Portner requested that Mayor Schreiber and Commissioner Roberts withdraw their motion and second, which they did. There being no further business, Mayor Schreiber adjourned the meeting at 8:50 PM. CAROL GOL MC/AAE CITY CL K 7/14/99 9 �� 4 21 / 11 A 0, ■■ MAYOR CITY OF TAMARAC APPRO D AT MEETING OF CITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JULY 14, 1999 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, July 14,1999, at 7:00 P.M. in the Commission Chambers of Tamarac City Hall, 7525 Northwest 88'" Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. 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. INTRODUCTION 1. PRESENTATION by Mayor Schreiber recognizing and congratulating Sergeant Robert W. Logan, and Sergeant Logan accepted. PUBLIC PARTICIPATION 2. PUBLIC PARTICIPATION: Marcia Kantorwitz, 7306 NW 94 Avenue, Tamarac, FL, Yola Yoss, 7308 NW 98 Way, Tamarac, FL, Jean Sokel, 9406 NW 73 Street, Tamarac, FL, Ann Ranta, 7304 NW 98 Way, Tamarac, FL, Diane Glasser, 9507 NW 72 Court, Tamarac, FL, Mollie Blatt, 7004 NW 99 Avenue, Tamarac, FL, Murry Corito, 9412 NW 73 Court, Tamarac, FL, former director of the National Safety Council, and Jack Gordon, 9804 NW 71 Street, Tamarac, FL, spoke about the inconvenience of both the right turn only sign on Westwood Drive and Nob Hill Road and the cancelled bus route. Vice Mayor Mishkin said he understands the residents' concerns, however, most of the Commissioners knew nothing about this issue until 2 weeks ago. He said those affected should have advised their Commissioner. Vice Mayor Mishkin said as a member of the Broward County Metropolitan Planning Organization, which is in charge of all transportation needs in Broward County, the Broward League of Cities Transportation Committee, and as liaison of the Transportation Committee his priority will be to solve this problem quickly. Vice Mayor Mishkin said next week the City of Tamarac will be receiving buses that will make scheduled stops at important places in Tamarac. This service will connect to the County transportation system at the Senior and Community Center, allowing people to travel throughout Broward and Dade Counties. Commissioner Sultanof said the Commission was never made aware that the sign was to be erected, and the community should have been addressed prior to the sign going up. Now that the Commission is aware of it, this Commission will do what it can to get the sign removed and the bus route reinstated. Mayor Schreiber said he has been in touch with the Director of Bus Transportation in the County, who is getting in touch with the Director of Traffic to solve the problem. Commissioner Portner said there is no District in the City without bus problems, and the City and County are working very hard to solve the problems. The 7/14/99 1 transportation issue will be taken up tomorrow at the City's budget meeting, and it is a major concern of the Commission. REPORTS 3. City_ Commission: Commissioner Sultanof complemented City Manager Noe for the new nameplates. Commissioner Sultanof spoke about the Dorcean family's poor financial situation and their inability to pay for a grave stone. Paula Lane of Star of David arranged for a monument to be put on Mr. Dorcean's grave. Commissioner Sultanof was appointed to chair the Broward League of Cities Committee on Aging, and he was also appointed to the Executive Steering Committee of the Senior Games. Vice Mayor Mishkin congratulated Sgt. Logan and his family and wished everyone a happy vacation. Commissioner Portner had no report. Commissioner Roberts congratulated Sgt. Logan. Commissioner Roberts said the County puts up signs and traffic lights, Tamarac does not, and she had no knowledge of where the right turn sign came from. Mayor Schreiber wished Sgt. Logan the best. Mayor Schreiber said he received a letter from the Dorceans, and he turned it over to the Social Services Coordinator. Tamarac is known as the City with a heart. Mayor Schreiber said the Commission is working on the budget, and he is happy to announce that there will be no tax increase next year, even though services have been expanded. Mayor Schreiber wished everyone a happy summer. 4. City Attorney_ City Attorney Kraft had no report. 5. City Manager: City Manager Noe said Tamarac hosted the Y2K Program and he thanked Broward County Government, Florida Banker's Association, BellSouth, Florida Power and Light, Publix and University Hospital for their participation. Tamarac Fire Rescue placed 3" in the Clincon Competition, in this, its 3` year of competition. Parks and Recreation is opening the Roller Hockey Rink for a skate night. July is National Parks and Recreation Month, and there will be a basketball competition, a concert by the Kings Point Choral Group, and a teen lock in, all on July 23'. Tamarac has been designated as a Millennium Community. CONSENT AGENDA 6. Commissioner Sultanof, seconded by Commissioner Portner moved to add Temporary Resolution #8697, appointing Vice Mayor Larry Mishkin as the City's Liaison to Broward County's Transportation Issues, to the consent agenda. On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. City Manager Noe asked to have item 6(t) TEMPORARY RESOLUTION #8679, authorizing the appropriate City Officials to approve the request to waive the Building Permit Fees and Occupational License Fees for an amount not to exceed $332.50 for Value Dining (d/b/a: Golden Corral Restaurant) for the Tamarac Bull Dogs (Special Olympics Team) Special Event Fund Raiser; Case No. 9-MI-99, removed from the agenda, as the applicant has withdrawn the 7/14/99 2 request. On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Partner, seconded by Commissioner Sultanof moved to approve all items on 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. a. APPROVE the minutes of the June 23, 1999 Regular Commission meeting. APPROVED b. APPROVE the minutes of the June 23, 1999 Special Commission meeting. APPROVED C. TEMPORARY RESOLUTION #8648authorizing the appropriate City Officials to release a Public Improvement Performance Bond in the amount of $1,185.00 from Absolute Fire Protection, Inc., and waive the requirement for a one year Warranty Bond for the water distribution system improvements for the Classic Commercial Villas Project located at 4800 West Commercial Boulevard. RESOLUTION NO. R99-170 d. TEMPORARY RESOLUTION #8652 authorizing the appropriate officials to refund a performance bond paid to the City by Montwood, Inc., in the amount of $5,000.00. RESOLUTION NO. R99-171 e. TEMPORARY RESOLUTION #8673 authorizing the appropriate Officials to refund a Warranty Bond paid to the City by Ramshire/Fairways of Tamarac in the amount of $7,132.25 RESOLUTION NO. R99-172 f. TEMPORARY RESOLUTION #8677 authorizing the appropriate Officials to refund a performance bond paid to the City by Waterford Woodmont, Ltd., in the amount of $2,500.00. RESOLUTION NO. R99-173 g. TEMPORARY RESOLUTION #8689 authorizing the appropriate City Officials to release Performance Bond (Letter of Credit #933320) in the amount of $4,925.00, posted for public improvements at Golden Corral, located at 7401 West Commercial Boulevard, subject to receipt of a Warranty Bond in the amount of $1,231.25. RESOLUTION NO. R99-174 h. TEMPORARY RESOLUTION #8688 authorizing the appropriate City Officials to release Performance Bond (Letter of Credit #BA-374) in the amount of $24,481.70 posted for public improvements at Walgreens located on 6401 West Commercial Boulevard subject to receipt of a Warranty Bond in the amount of $6,120.43. RESOLUTION NO. R99-175 7/14/99 3 i. TEMPORARY RESOLUTION #8636 authorizing the appropriate officials to refund a Performance Bond paid to the City by Florida Power & Light in the amount of $16,802.25. RESOLUTION NO. R99-176 j. TEMPORARY RESOLUTION #8693 authorizing the appropriate City Officials to refund traffic signalization impact fees paid to the City by National Business Center in the total amount of $1,465.79 RESOLUTION NO. R99-177 k. TEMPORARY RESOLUTION #8676 authorizing the replacement of Resolution 98-156 previously adopted on May 27, 1998, with revised Resolution 98-156 identified as "Attachment A" to correct mis-numbered sections. RESOLUTION NO. R99-178 TEMPORARY RESOLUTION #8674 authorizing the appropriate City Officials to execute an engineering agreement with Craig A. Smith & Associates to provide design, permitting, bidding, construction management and inspection services for the rehabilitation of three stormwater pump stations as defined in the approved FY99 Capital Improvement Program Budget; approving an expenditure not to exceed $158,980,00 for "Phase I" consisting of design, permitting and bidding services. RESOLUTION NO. R99-179 M. TEMPORARY RESOLUTION #8692 authorizing the appropriate City Officials to award a Contract for School Crossing Guard Services to Oasis Staffing/King Companies Corporation, the successful bidder of Request For Bid 99-1213; in the amount of $7.67 per hour; Case No. 11-MI-99. RESOLUTION NO. R99-180 n. TEMPORARY RESOLUTION #8654 authorizing the appropriate City Officials to award a Contract for Consulting Services to Community Redevelopment Associates of Florida, Inc. (CRA), the successful bidder to LOI-98-1-04, for preparation of a consolidated plan, a required inclusion to the City's United States Department of Housing and Urban Development (HUD) Community Development Block Grant Application, and an approved element of LOI-98-1-04; in an amount not to exceed $60,000.00; Case No. 8-MI-99. RESOLUTION NO. R99-181 o. TEMPORARY RESOLUTION #8686, authorizing the appropriate City Officials to amend the SHIP Fund Budget of estimated revenues and expenditures in the amount of $127,250,00 by accepting an additional allocation of $127,250.00 of the State of Florida's State Housing Initiatives Partnership (SHIP) Program funds for the fiscal year 1998-1999 thereby increasing the funding for the fiscal year 1998-1999 to $433,044.00 to be utilized according to the City's Local Housing Assistance Plan and Housing Delivery Goals Chart; Case No. 10-MI-99. RESOLUTION NO. R99-182 7/14/99 4 P. TEMPORARY RESOLUTION #8640 requesting that the Florida Building Commission adopt a Florida Building Code that will maintain the current level of safety provided to citizens and residents of Broward County, Florida, in the current South Florida Building Code; authorizing and directing the City Clerk to transmit a copy of this resolution to the Governor of the State of Florida, the Florida Building Commission, the Broward County Legislative Delegation, the Florida League of Cities, the Broward County League of Cities, the City Commission of each City in Broward County. RESOLUTION NO. R99-183 q. TEMPORARY RESOLUTION #8666, authorizing the purchase of software training services from Comp USA at a rate of $650.00 per class, not to exceed $15,000.00. RESOLUTION NO. R99-184 r. TEMPORARY RESOLUTION #8599 executing and agreement with Valuation Resource Management, Inc. for providing inventory, valuation and bar-coding services utilizing the Seminole County RFP-457-98/JVP effective February 19, 1999 through February, 2004 for a total not to exceed $33,000, approving funding from the appropriate accounts. RESOLUTION NO. R99-185 s. TEMPORARY RESOLUTION #8680 authorizing the appropriate City Staff to negotiate the renewal of the Single -Family Solid Waste and Residential Recycling Collection Services Agreements between the City of Tamarac and All Service Refuse Company. RESOLUTION NO. R99-186 t. TEMPORARY RESOLUTION #8679 authorizing the appropriate City Officials to approve the request to waive the Building Permit Fees and Occupational License Fees for an amount not to exceed $332.50 for Value Dining (d/b/a: Golden Corral Restaurant) for the Tamarac Bull Dogs (Special Olympics Team) Special Event Fund Raiser; Case No. 9- MI-99. WITHDRAWN AT APPLICANT'S REQUEST U. TEMPORARY RESOLUTION #8695 authorizing the construction and expansion of parking spaces within the public rights -of -way on NW 72nd Street and NW 72nd Manor to meet the handicapped space requirements per Americans With Disabilities Act subject to the negotiation and execution of a Hold Harmless Agreement with Westwood Community #3 Homeowners Association, Inc. for the use of public rights -of -way on NW 72nd Street and NW 72nd Manor. RESOLUTIO NO. R99-187 V. TEMPORARY RESOLUTION #8697, appointing Vice Mayor Larry Mishkin as the City's liaison to Broward County's Transportation issues. RESOLUTION NO. R99-188 END OF CONSENT AGENDA 7/14/99 5 7. TEMPORARY RESOLUTION #8649 a Resolution of the City Commission of the City of Tamarac, Florida, relating to the construction and funding of the water distribution facilities and wastewater collection facilities; describing the property to be located within the proposed North Section 7 Assessment Area; determining the estimated cost of the water distribution facilities and wastewater collection facilities; determining that certain real property will be specially benefited by the water distribution facilities and wastewater collection facilities, establishing the method of assessing the costs of the water distribution facilities and wastewater collection facilities against the real property that will be specially benefited thereby; establishing other terms and conditions of the assessments; directing the City Manager to prepare a tentative assessment roll based upon the methodology set forth herein; establishing a public hearing to consider imposition of the proposed assessments and the method of their collection; directing the provision of notice in connection therewith. City Attorney Kraft read Temporary Resolution #8649, revision #1 by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. 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. R99-189 8. TEMPORARY RESOLUTION #8629, relating to the provision of Fire Rescue Services, facilities and programs in the City of Tamarac, Florida; establishing the estimated assessment rate for Fire Rescue Assessments for the Fiscal Year beginning October 1, 1999; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof. City Attorney Kraft read Temporary Resolution #8629 by title. Commissioner Roberts seconded by Commissioner Portner moved approval. Vice Mayor Mishkin said he is pleased that the City does not have to raise the rate, and ours is among the lowest in Broward County using this method of raising funds for fire rescue. On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-190 9. TEMPORARY RESOLUTION #8678 authorizing the City Manager to send a proposed millage rate of 5.9999 mills to the Property Appraiser for Fiscal Year 2000 and setting September 9, 1999 at 6:30 p.m. at the Tamarac Commission Chambers, 7525 NW 88th Ave., Tamarac, Florida as the date, time, and place for the first public budget public hearing and September 23, 1999 at 6:30 p.m. at the Tamarac Commission Chambers, 7525 NW 88th Avenue, Tamarac, Florida as the date, time and place for the second public budget hearing. City Attorney Kraft read Temporary Resolution #8678 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. City Manager 7/14/99 6 Noe explained the millage rate. Commissioner Portner said the City's budget is approximately $63 million, and he urged people to come to the budget hearings in September to see how the City is spending their money. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-191 10. TEMPORARY RESOLUTION #8672, amending and supplementing Resolution No. 98-156 relating to the City's Revenue Bonds; fixing certain terms and details of such Bonds; authorizing a negotiated sale of such Bonds pursuant to a Bond Purchase Contract; approving the form of and authorizing the distribution of a Preliminary Official Statement and authorizing the execution and delivery of a Final Official Statement; selecting a Paying Agent and Registrar and authorizing the execution and delivery of Agreements between the City and the Bond Registrar and Paying Agent; ratifying the selection of Financial Guaranty Insurance Company as Bond Insurer and providing for certain matters in connection therewith; authorizing the execution and delivery of a Continuing Disclosure Certificate; authorizing other required actions. City Attorney Kraft read Temporary Resolution #8672 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Finance Director McGarrity gave a presentation, followed by Patti Garrett, of Public Financial Management, the City's Financial Advisor. Ms. Garrett responded to questions from Vice Mayor Mishkin and Mayor Schreiber. Dean Dickson, Bond Counsel, of Akerman, Senterfitt, et al., Orlando, FL, and Todd Holder, of First Union Capital Markets, the City's Underwriter, also gave presentations. City Manager Noe commended Assistant City Manager Hemstreet, Finance Director McGarrity and Patti Garrett, of PFI for their efforts on behalf of the City of Tamarac. Commissioner Sultanof said he wanted the citizens of Tamarac to know that Tamarac is very financially stable. On roll call, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-192 11. TEMPORARY RESOLUTION #8685: authorizing the appropriate City Officials to execute a Lease Agreement with Ramco-Gershenson, Inc., for the location of Satellite City Hall at Sunshine Plaza in Tamarac. City Attorney Kraft read Temporary Resolution #8685, revision #4, by title. Assistant City Manager Hemstreet explained that the lease is still being negotiated, and the City is trying to keep the required hours of operation out of the lease agreement. Mayor Schreiber asked about demolition of the structure in front of the store, and Assistant City Manager Hemstreet explained the rate would go up $3.00 per square foot after the structure is demolished. Commissioner Partner said he was of the understanding that the Commission authorized the City to sign the lease with hours of operation up to 40 hours, if necessary, and Commissioner Portner also asked about cancellation of the lease, if necessary. Assistant City Manager Hemstreet responded. On roll call 7/14/99 7 Commissioner Sultanof voted "yes", Commissioner Roberts "no", Commissioner Partner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried RESOLUTION NO. R99-193 PUBLIC HEARING 7:30 P.M. 12. TEMPORARY ORDINANCE #1839 second reading, amending Chapter 14 entitled, "Motor Vehicles and Traffic", Article I entitled, "In General', creating Section 14-6 entitled, "Prohibition of Heavy Commercial Truck Traffic" prohibiting heavy commercial truck traffic on NW 108 Terrace/NW 80 Street; Case No. 11-Z- 97. City Attorney Kraft read Temporary Ordinance #1839, revision #1, by title on second reading. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Vice Mayor Mishkin urged the Commission to vote for this Ordinance. Commissioner Sultanof said Tamarac is the first City in Broward County to make this decision, and explained that this is for heavy trucks, and light vehicles are permitted. Mayor Schreiber opened the Public Hearing. Todd Vanderwood, Tamarac, FL spoke about a designated truck route, and asked whether the area in question was commercial or residential. Commissioner Sultanof responded. With no one else wishing to speak, Mayor Schreiber closed the Public Hearing. On roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO.099-13 END OF PUBLIC HEARING QUASI-JUDICIAL HEARING 13. TEMPORARY RESOLUTION #8671, approving a special exception to allow up to three (3) rental trucks in a B-3 (General Business District) zoning category to Tamarac Pack and Ship, located at 10018 West McNab Road in the Tamarac Marketplace Shopping Center; specifically Tract "A" of the "Tamarac Market Place" plat, according to the plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida; Case No. 4-Z-99. City Attorney Kraft read Temporary Resolution #8671, revision #1 by title and explained the quasi-judicial procedure. Robert Barger, Tamarac Pack & Ship, 100018 West McNab Road, Tamarac, FL, waived his quasi-judicial rights. Community Development Director Miller gave a presentation. Commissioner Roberts questioned whether there was adequate parking and Community Development Director Miller responded. Commissioner Sultanof expressed his concern about trucks parking in front of the store, and said he would like to see the trucks exiting the onto McNab Road. Vice Mayor Mishkin expressed concern about truck rental businesses, and opposed proliferation of these types of businesses in Tamarac. Mayor Schreiber questioned the proposed use of the U- Haul trucks and Mr. Bargar responded. Mayor Schreiber opened the Public Hearing. Marvin Seidel, Kings Point Belfort, Tamarac, FL questioned the legality of approving a request for this type of business for one owner and not for another. Mayor Schreiber responded that he voted against it last time. Mayor 7/14/99 8 1 Schreiber said there is an Ordinance in the Code for permitted uses, and truck rental is not one of them. Commissioner Roberts said she would like Mr. Bargar to agree that he will have no more than 3 trucks, and they will be parked in the rear of the shopping center. Vice Mayor Mishkin said there are aesthetics involved; this type of business has a negative impact on the neighborhood; there are safety concerns; and additional traffic will be created. Commissioner Sultanof felt the Commission did not have all the facts necessary. On roll call Commissioner Partner voted "yes", Vice Mayor Mishkin "no", Commissioner Sultanof "no", Commissioner Roberts "yes", and Mayor Schreiber "no". Motion failed. END OF QUASI-JUDICIAL HEARING Mayor Schreiber handed the gavel to Vice Mayor Mishkin. Mayor Schreiber seconded by Commissioner Roberts moved to appoint Commissioner Portner as Liaison to the Planning Board. After discussion about whether to appoint Commissioner Partner as Liaison to the Planning Board by motion or have a Resolution drafted, Commissioner Portner requested that Mayor Schreiber and Commissioner Roberts withdraw their motion and second, which they did. There being no further business, Mayor Schreiber adjourned the meeting at 8:50 PM. 4 7/14/99 9 MO. .4 ,• MAYOR , r APP=ATMEETING OF