HomeMy WebLinkAbout1999-08-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, AUGUST 25, 1999
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, August 25,1999, at 9.00 A.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 at 9:00 A.M.
INTRODUCTION
1. PRESENTATION by Mayor Schreiber of a proclamation to Ms. Paula
Layne and Star of David Cemetery and Funeral Chapel, Levitt -Weinstein, for
their act of kindness and compassion on behalf of the Dorcean family. Paula
Layne accepted.
2. PRESENTATION by Mayor Schreiber of certificates of appreciation to the
members of the Affordable Housing Advisory Committee: Tim Hernandez, Pulte
Homes, Tony Riggio, First Union Bank, Regina Jackson, Nations Bank, Sean
McArdle, Brooks ide/Gemstar, Janet Riley, Legal Aid Services, Tom Salanger,
Morrison Homes, Henry Magnuson, Centex Homes, Stuart Golant, Golant &
Golant Real Estate, Alan Oshins, West Broward Realty, Saul Gass, Tamarac
Planning Board, Milton Meyer, Tamarac Planning Board, David Ofstein, Craig,
Smith & Associates.
3. PRESENTATION by Mayor Schreiber of employee service awards-
5 years: Manuel Barreiro, Donald Newman, John Pitts
15 years: Anthony Labate
20 years: James Budzinski, Glenda Christian, Dennis Peloso
Tony Spadaccia of Waste Management, presented the 1999 City Livability
Award to Mayor Schreiber.
4. PUBLIC PARTICIPATION: Marvin Seidel, 9645 N. Belfort, Tamarac,
spoke about standardizing daylight savings time, increasing the salaries of the
Mayor and Commissioners, unused Committee funds and rental trucks at Publix.
Diane Glasser, 9507 NW 72 Court, Tamarac, spoke about the right-hand turn
and bus route that was taken away at Westwood Drive. David Barnes, 2706 NW
53 Street, Tamarac, spoke about selection of a new City Manager. Helen Sobel,
8605 NW 59 Terrace, Tamarac, congratulated the Commissioners on Tamarac
being a Millennium City, and thanked the Commission on behalf of the Social
Service patrons, for not changing the transportation service. Murry Corito, 9412
NW 73 Court, Tamarac, spoke about the right turn and elimination of bus service
at Westwood Drive.
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REPORTS
5. City Commission: Commissioner Roberts congratulated Vincent Morelli
and Diane Webber, recipients of the BRACE Scholarship. Commissioner
Roberts thanked Parks and Recreation for the summer program year-end dinner,
reminded everyone that school starts on Monday, and to drive carefully.
Commissioner Portner said the bus service will not be discontinued and no
changes have been made.
Vice Mayor Mishkin had no report.
Commissioner Sultanof said his district is District 3 and he was not made aware
of what had been taking place at the corner of Westwood Drive. Commissioner
Sultanof said he would like to add a motion to the agenda directing the City
Manager to communicate with the Broward County DOT to have the right turn
sign removed and the bus route reinstated.
Mayor Schreiber said the City of Tamarac is a relatively new City and is doing
marvelously well.
6. City Attorney City Attorney Kraft had no report.
7. City Manager: City Manager Noe said at the workshop on Monday there
was discussion about setting a date for a budget mark-up workshop. Mayor
Schreiber suggested doing this after the agenda. City Manager Noe said the
investment report was provided under separate cover. November 13, 1999, Fire
Rescue will be at Mainlands 7. Fire Rescue will hold its 2" Community
Emergency Response Class. Summer camp ended on August 20" with a family
night held on August 18". A survey indicated that 84% of the families involved
with the summer camp thought the camp rated excellent to good. Pepsi Cola
donated 4 scoreboards to the City, and registration for the Junior Orange Bowl
Pageant will be the beginning of October. City Manager Noe congratulated
Utilities Director Woika, as the Utility Department rehabilitated pump stations
using City staff and saved the City $40,000. Additionally, the Water Treatment
Plant facility will report daily rainfall and temperatures in Tamarac to the Sun
Sentinel.
CONSENT AGENDA
8. Commissioner Sultanof seconded by Vice Mayor Mishkin 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 July 14, 1999 Commission meeting.
APPROVED
b. APPROVE the minutes of the August 4, 1999 Special/Emergency
Commission meeting.
APPROVED
C. TEMPORARY RESOLUTION #8682, authorizing the appropriate City
Officials to accept a Bill of Sale Absolute from Mobil Oil Corporation, for water
distribution system improvements for the Mobil 02-NPG Project, located on
the northeast corner of Nob Hill Road and Commercial Boulevard, for City
ownership.
RESOLUTION #R99-194
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d. TEMPORARY RESOLUTION #8681, to authorize the appropriate officials to
accept and execute a utility easement encroachment and hold harmless
agreement with Mobil Oil Corporation for a sign erected in a utility easement
in the Mobil 02-NPG Project, located on the northeast corner of Nob Hill Road
and Commercial Boulevard.
RESOLUTION #R99-195
e. TEMPORARY RESOLUTION #8596 authorizing the appropriate City
Officials to execute a Public Utility Easement with Active Senior Living
Residence, Inc., for the Active Senior Residence Project, located on the north
side of NW 57th Street between NW 91"Avenue and Pine Island Road.
RESOLUTION #R99-196
f. TEMPORARY_ RESOLUTION #8628, to authorize the appropriate City
Officials to accept and execute a "Tamarac Water and Sewer Utility
Easement" with David's Custom Caterers, Inc., for the David's Plaza Project,
located on the north side of Commercial Boulevard between NW 661h Terrace
and NW 64th Avenue, to allow legal access by City utility personnel for
installing, maintaining, and operating the water distribution system.
RESOLUTION #R99-197
g. TEMPORARY RESOLUTION #8687, authorizing the appropriate City officials
to release a Public Improvement Performance Bond in the amount of
$3,400.00 from Christian Life Center, Inc. and waive the requirement for a
one-year Warranty Bond for the sewage collection system improvements for
the Christian Life Center Project located at 2699 West Commercial
Boulevard.
RESOLUTION #R99-198
h. TEMPORARY RESOLUTION #8690, authorizing the award of Bid #99-20B
entitled "Tamarac Resident Newsletter" (Tam -a -Gram) to A -Plus Printing for
an initial period of one (1) year with two additional two year options to renew,
in an amount not to exceed $31,368.00.
RESOLUTION #R99-199
i. TEMPORARY RESOLUTION #8715, authorizing the appropriate City
Officials to exercise the option to renew Bid #98-25B for the purchase of
Aquatic, Ornamental and Turf Herbicides from Helena Chemical Company in
an amount not to exceed $60,000.
RESOLUTION #R99-200
j. TEMPORARY RESOLUTION #8683 authorizing the purchase of
"Gradall" Hydraulic Excavator in an amount not to exceed $178,616.00;
authorizing the use of a State of Florida Cooperative Purchasing Contract;
authorizing a budget transfer in the Stormwater Management Fund.
RESOLUTION #R99-201
k. TEMPORARY RESOLUTION #8720, accepting a right of way deed for
certain private roads within the Landings of Cypress Greens Subdivision,
authorizing the reclassification of said private roads to public roads and
including said roads as part of the seven year Comprehensive Street
Improvement Program.
RESOLUTION #R99-202
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I. TEMPORARY RESOLUTION #8721, accepting the Florida Department of
Transportation, Highway Beautification Grant in the amount of $75,958.79
and authorizing a match from the City in the amount of $75,996.25 for a
total project cost of $151,955.04 to provide landscape and irrigation
improvements along Commercial Boulevard between Rock Island Road
and Prospect Road; authorizing the appropriate City Officials to execute
an agreement between the City of Tamarac and the Florida Department of
Transportation for the Highway Beautification Grant Funds; approving a
transfer from the grants matching account in the amount of $75,996.25;
amending the Annual Grants Fund Budget of estimated revenues and
expenditures in the amount of $75,958.79.
RESOLUTION #R99-203
M. TEMPORARY RESOLUTION #8653, approving the purchase of PVC Pipe
and Fittings utilizing the Broward County's Co -Op Contract #682-7861 "PVC
Pipe and Fittings" in an amount not to exceed $12,000, approving the
purchase of Brass Water Service Fittings utilizing the Broward County Co -Op
Bid #1998-99/07 "Brass Water Service Fittings Bid" in an amount not to
exceed $35,000.
RESOLUTION #R99-204
n. TEMPORARY RESOLUTION #8698, authorizing the appropriate City
Officials to accept the Fiscal Year 1999-2000 Annual Grant allocation of
the State of Florida's State Housing Initiatives Partnership (SHIP)
Program Funds in the amount of $351,951.00 to be utilized according to
the City's Local Housing Assistance Plan and Housing Delivery Goals
Chart; Case No. 12-Mi-99.
RESOLUTION #R99-205
o. TEMPORARY RESOLUTION #8699, amending the salary for the City
Attorney.
RESOLUTION #R99-206
p. TEMPORARY RESOLUTION #8725, approving a request from White -
Willis Theatre to waive all applicable inspection fees.
RESOLUTION #R99-207
END OF CONSENT AGENDA
Commissioner Sultanof seconded by Vice Mayor Mishkin moved to add Item 20
to the Agenda, Motion to direct the City Manager to send a letter to the Broward
County DOT to have the right turn sign at Westwood Boulevard and Nob Hill
Road removed, and reestablish the bus service. On roll call Commissioner
Partner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes", Motion carried.
Vice Mayor Mishkin seconded by Commissioner Sultanof moved to add Item 21
to the Agenda, Temporary Resolution # 8728, appointing Jeffrey Miller, City
Manager, subject to terms and conditions of said employment being agreed to by
the City Commission. On roll call Commissioner Portner voted "yes", Vice Mayor
Mishkin "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", and
Mayor Schreiber "yes". Motion carried.
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9. TEMPORARY RESOLUTION #8691, accepting the Redistricting
Committee Report dated June 30, 1999, and authorizing the City Clerk to
forward the Redistricting Committee Report to the Broward County Supervisor of
Elections Office.
City Attorney Kraft read Temporary Resolution #8691 by title. Commissioner
Sultanof seconded by Commissioner Roberts moved approval. There was
discussion about when the redistricting takes affect, and Vice Mayor Mishkin
spoke about possible future redistricting. On roll call Commissioner Portner
voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION #R99-208
10. TEMPORARY RESOLUTION #8651, authorizing the appropriate City
Officials to execute a fifth amendment to the Interlocal Agreement with Broward
County for solid waste disposal services.
City Attorney Kraft read Temporary Resolution #8651 by title. Commissioner
Sultanof seconded by Commissioner Roberts moved approval. Public Works
Operations Manager Greenspan gave a presentation. On roll call Vice Mayor
Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes",
Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION #R99-209
11. TEMPORARY RESOLUTION #8719, authorizing the appropriate officials
to execute an agreement between the City of Tamarac and Rachlin, Cohen &
Holtz LLP Certified Public Accountants and Consultants, as the City's External
Auditor.
City Attorney Kraft read Temporary Resolution #8719 by title. Vice Mayor
Mishkin seconded by Commissioner Sultanof moved approval. Finance Director
McGarrity gave a presentation and responded to questions. On roll call
Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion
carried.
RESOLUTION #R99-210
12. TEMPORARY ORDINANCE #1850, first reading, amending Chapter 18,
"Signs and Advertising," Article II, "Signs", Division 5, "Temporary Signs," Section
18-86, "Political Signs," limiting removal of or interference with political signs in
the vicinity of polling places on election day.
City Attorney Kraft read Temporary Ordinance #1850 on first reading by title.
Commissioner Sultanof seconded by Vice Mayor Mishkin moved approval. On
roll call Commissioner Roberts voted "yes", Commissioner Portner "yes", Vice
Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes".
Motion carried.
APPROVED ON FIRST READING
13. _TEMPORARY ORDINANCE #1863, first reading, authorizing the
appropriate City Officials to execute an agreement for commercial solid waste
disposal services by and between the City of Tamarac and Delta Waste
Corporation, a Florida Corporation.
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City Attorney Kraft read Temporary Ordinance #1863 on first reading by title.
Commissioner Roberts seconded by Commissioner Portner moved approval.
Public Works Operations Manager Greenspan 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
14. TEMPORARY ORDINANCE #1865, first reading, amending the
Tamarac Code, Chapter 19, "Solid Waste", Article IV, "Solid Waste Disposal
District", Section 19-73. "Purpose", to provide an Exception to the Resource
Recovery System Use Requirement for Waste transported and disposed of
outside of the State of Florida; providing for codification; providing for conflicts;
providing for severability; and providing for an effective date.
City Attorney Kraft read Temporary Ordinance #1865 on first reading by title.
Commissioner Roberts seconded by Commissioner Portner moved approval. On
roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber
"yes". Motion carried.
APPROVED ON FIRST READING
PUBLIC HEARING 9:30 A.M.
15. TEMPORARY RESOLUTION #8717, relating to the construction of and
funding of water distribution facilities and wastewater collection facilities; creating
the North Section 7 Assessment Area; amending and confirming the initial
Assessment Resolution; establishing the maximum amount of the annual
assessment for each tax parcel; imposing assessments against property within
the North Section 7 assessment Area; approving the Assessment Roll; providing
for collection of the assessments; and providing an effective date.
City Attorney Kraft read Temporary Resolution #8717 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved approval. Utilities Director
Woika gave a presentation. Mayor Schreiber opened the public hearing.
Nicholas Milano, Esq., Holland & Knight, P.A., representing Sani-Pip asked to
table this item for 30 days to give Sani-Pip time to look into the matter. Larry
Mauer, 1765 SE 67 Street, J&J Plat, objected to the assessment, and said the
pump station next to the property is adequate and his property will gain no
special benefit. With no one else wishing to speak, Mayor Schreiber closed the
public hearing. Vice Mayor Mishkin seconded by Commissioner Portner moved
to table Temporary Resolution #8717 to the September 22, 1999 Regular
Commission meeting. On roll call Commissioner Sultanof voted "yes",
Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin
"yes19, and Mayor Schreiber "yes". Motion carried.
TABLED TO THE SEPTEMBER 22, 1999 MEETING
END OF PUBLIC HEARING
QUASI-JUDICIAL HEARINGS
16. TEMPORARY RESOLUTION #8713, issuing Revised Development Order
No. 198.1 and granting New Development Site Plan approval to InTown Suites
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for the construction of an 18,444 square foot, 121-room hotel, located at the
northeast corner of Commercial Boulevard and NW 82 Avenue; specifically Lots
7, 8 and 9 and a portion of Lot 6 of Block 6 of the "Lyons Commercial
Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69,
Page 42 of the Public Records of Broward County, Florida; Case No. 10-SP-99.
City Attorney Kraft read Temporary Resolution #8713 by title. Commissioner
Roberts seconded by Commissioner Portner moved approval. Michael Smith,
Vice President of InTown Suites, 2102 Piedmont Road, Atlanta, GA, waived his
quasi-judicial rights. Community Development Director Miller and Planning and
Zoning Manager King gave presentations. There was discussion about
handicapped parking spaces, and Vice Mayor Mishkin asked to have additional
handicapped parking places provided. Mayor Schreiber opened the public
hearing, and Marvin Seidel, 9645 N Belfort, Tamarac, asked if there would be
meeting and banquet rooms at the hotel. 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.
RESOLUTION #R99-211
17. TEMPORARY RESOLUTION #8702, granting a special Exception to
allow the operation of a 1,856 square foot athletic center in a B-2 (Community
Business District) Zoning Category to Lady of America, located at 5771 North
University Drive in the Midway Plaza; specifically Parcel "A" of the "Midway
Plaza" Plat, according to the plat thereof as recorded in Plat Book 126, Page 14
of the Public Records of Broward County, Florida; Case No. 6-Z-99.
City Attorney Kraft read Temporary Resolution #8702 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved approval. Carrie and Brian
Haddican, owners, and William Landman, International Franchise Director,
waived their quasi-judicial rights. Commissioner Portner questioned the financial
backing of the business and welcomed them to the City, and Commissioner
Roberts asked what age groups are targeted. Mr. Landman responded. On roll
call Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion
carried.
RESOLUTION #R99-212
18. MOTION FOR RECONSIDERATION OF TEMPORARY RESOLUTION
#8671. At the Commission meeting of July 14, 1999, Temporary Resolution
#8671 was defeated. A request to reconsider was received by a Commissioner
who voted on the prevailing side. Commissioner Sultanof seconded by
Commissioner Portner moved to reconsider Temporary Resolution #8671. On
roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes",
Commissioner Portner "yes", Vice Mayor Mishkin "no", and Mayor Schreiber
"yes". Motion carried.
19. QUASI-JUDICIAL MOTION TO APPROVE 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
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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 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved approval. Bob Barger,
owner of Tamarac Pack and Ship waived his quasi-judicial rights. Mayor
Schreiber asked if there had been a change since the last time Mr. Barger
appeared before the Commission and Mr. Barger replied there had not. Mayor
Schreiber opened the public hearing and with no one wishing to speak, closed
the public hearing. On roll call Vice Mayor Mishkin voted "no", Commissioner
Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes",
and Mayor Schreiber "no". Motion carried.
RESOLUTION #R99-213
END OF QUASI-JUDICIAL HEARINGS
20, Commissioner Sultanof seconded by Vice Mayor Mishkin moved to direct
the City Manager to send a letter to the Broward County DOT to have the right
turn sign removed from Westwood Drive and Nob Hill Road, and have the bus
route reestablished at that time. On roll call Vice Mayor Mishkin voted "yes",
Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", and Mayor Schreiber "yes". Motion carried.
21. TEMPORARY RESOLUTION #8728 appointing Jeffrey Miller, City
Manager, subject to terms and conditions of said employment being agreed to by
the City Commission.
Mayor Schreiber read Temporary Resolution #8728 by title. Vice Mayor Mishkin
seconded by Commissioner Sultanof moved approval. There was discussion
about the process by which this was done, and Vice Mayor Mishkin went over
the particulars of his communication to the Commission. On roll call
Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion
carried.
RESOLUTION #R99-214
There being no further business, Mayor Schreiber adjourned the meeting at
10.50 a.m.
JOE SCHREIBER, MAYOR
G
CAROL. GOLyj CMC/AAE CITY OF TAMARAC
CITY CLERK APPROVED AT MEETING OF
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