HomeMy WebLinkAbout1995-09-27 - City Commission Regular Meeting Minutesi
CITY OF TAMARAC
CITY COMMISSION REGULAR MEETING
WEDNESDAY, SEPTEMBER 27, 1995
CALL TQ ORDER: Mayor Abramowitz called the Regular Meeting to order on
Wednesday, September 27, 1995, at 9:00 a.m. in the Commission Chambers at
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PRESENT
Mayor Norman Abramowitz
Commissioner Sharon Machek
Commissioner Larry Mishkin
Commissioner Joseph Schreiber
ABSENT AND EX 11SED:
Vice Mayor Irving Katz
ALSO PRESENT
Robert S. Noe, Jr., City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, CMC, City Clerk
Karen Jackson, Secretary
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT ME�I IITATIQN: Mayor
Abramowitz called for the Pledge of Allegiance and a Moment of Silent Meditation
for Mira Barer, Director of Department of Natural Resources Protection (DNRP), who
recently passed away.
Tape 1
INTRODUCTION
PRESENTATION by Mayor Abramowitz of a proclamation designating the
week of October 9-13, 1995, as "NATIONAL SCHOOL LUNCH WEEK".
Mayor Abramowitz presented the proclamation to Judy Adams, representative of the
Broward County School Lunch Program.
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2. PRESENTATION by Mayor Abramowitz of a proclamation designating the
week of October 8-15, 1995, as "FIRE PREVENTION WEEK".
Mayor Abramowitz presented a proclamation to Paul Kelly, City of Tamarac
Firefighter.
4. e. MOTION TO ADOPT Temp. Reso. #7196 authorizing supplemental or
contingency funding for Account 144-888-541-6FB entitled East-West
Connector Road (NW 67 Street) in the amount of $50,000 with funding
from Account 144-888-541-99C entitled Resources Available for
construction and development of Land Section 7.
Comm. Mishkin MOVED to REMOVE Item 4.e. from the Consent Agenda for
clarification, SECONDED by Comm. Machek.
VOTE:
ALL VOTED AYE
4. c. MOTION TO ADOPT Temp. Reso. #7133 authorizing the appropriate
City officials to execute a Water and Sewer Developers Agreement for
the POINTE VILLAS project located on the south side of NW 77 Street
between NW 96 Avenue and Nob Hill Road.
k. MOTION TO ADOPT Temp. Reso. #7224 authorizing the appropriate
City officials to execute an agreement with Holland and Knight as the
City's bond counsel for refinancing the Water and Sewer Utility
Revenue Refunding Bonds, Series 1985.
Comm. Schreiber MOVED to REMOVE Items 4.c. and 4.k. for discussion,
SECONDED by Comm. Machek.
VOTE: ALL VOTED AYE
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PUBLIC PARTICIPATION
3. 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 (30) minute aggregate time limit for this item, and speakers are
encouraged to sign up in advance with the City Clerk prior to their
participation.
Mayor Abramowitz OPENED and CLOSED Public Participation with no response.
4. C. MOTION TO ADOPT Temp. Reso. #7133 authorizing the appropriate
City officials to execute a Water and Sewer Developers Agreement for
the POINTE VILLAS project located on the south side of NW 77 Street
between NW 96 Avenue and Nob Hill Road.
NO ACTION WAS TAKEN ON THIS ITEM
City Manager Noe stated that the developer requested that no action be taken on
this item.
4. e. MOTION TO ADOPT -Temp. Reso. #7196 authorizing supplemental or
contingency funding for Account 144-888-541-6FB entitled East-West
Connector Road (NW 67 Street) in the amount of $50,000 with funding
from Account 144-888-541-99C entitled Resources Available for
construction and development of Land Section 7.
REMOVED FOR DISCUSSION on Page 1 then APPROVED
RESOLUTION-R-95-202-PASSED
Comm. Mishkin requested information on the procedure regarding Change Order
expenditures approved by the City Manager.
Gordon Sparks, City Engineer, explained the reasons for the request of a transfer
of funds from the Contingency Account to the Resources Available account for
possible future Change Orders on the East-West Connector Road project.
Direction was given to the City Manager to inform the Mayor and Commission of all
Change Order expenditures regarding this project.
Comm. Schreiber MOVED to APPROVE Item 4.e., SECONDED by Comm. Machek.
VOTE: ALL VOTED AYE
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4. k. MOTION TO ADOPT Temp. Reso. #7224 authorizing the appropriate
City officials to execute an agreement with Holland and Knight as the
City's bond counsel for refinancing the Water and Sewer Utility
Revenue Refunding Bonds, Series 1985.
REMOVED FOR DISCUSSION on Page 1, then APPROVED as
amended. RESOLUTION R-95-208-PASSED
Comm. Schreiber requested information on the bids for bond counsel and City
Attorney Kraft explained that it was an Expression of Interest situation, but would
provide in writing, a list of the various law firms who responded. He also said the
agenda item should be corrected by removing the words, "for refinancing the Water
and Sewer Utility Revenue Refunding Bonds, Series 1985", because Holland and
Knight would be used for mroe than one issue.
Comm. Schreiber MOVED to APPROVE Item 4.k., SECONDED by Comm. Mishkin.
VOTE:
ALL VOTED AYE
4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the
recommendation will be enacted by ONE MOTION in the form listed below. If
discussion is desired, then the item(s) will be removed from the Consent
Agenda and will be considered separately.
a. MOTION TO APPROVE the minutes of the 9/13/95 regular City
Commission meeting.
APPROVED
b. MOTION TO ADOPT Temp. Reso. #7135 authorizing the purchase of
water isolation valves utilizing the City of Fort Lauderdale's
Bid 242-6768 from U.S. Pipe and Foundry Company at a maximum
total cost of $15,000, with funding from Account 425-888-533-67C
entitled Water Valve Replacement Program.
APPROVED - RESOLUTION R-95-200-PASSED
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d. MOTION TO ADOPT Temp. Reso. #7180 authorizing the purchase of
laboratory testing services utilizing the Town of Davie Bid R-93-147 at
a maximum total cost of $15,000 with funding from
Account 425-363-533-340 entitled Other Contractual Services.
APPROVED - RESOLUTION R-95-201-PASSED
MOTION TO ADOPT Temp. Reso. #7206 authorizing the renewal of
casualty insurance policies for the City of Tamarac for excess liability,
excess workers compensation, property boiler and machinery and
firefighters statutory accidental death insurance effective October 1,
1995.
APPROVED - RESOLUTION R-95-203-PASSED
g. MOTIQN TO ADOPT Temp. Reso. #7197 authorizing the appropriate
City officials to execute a Tri-Party Agreement between the City of
Tamarac, the City of Sunrise and Pulte Home Corp. for water and
sewer natural gas easements located in the Plum Bay/Plum Harbor
development along the north side of Commercial Boulevard east of
Nob Hill Road.
APPROVED - RESOLUTION R-95-204-PASSED
h. MOTION TO ADOPT Temp. Reso. #7158 authorizing the appropriate
City officials to execute a Tamarac Utilities West Water and Sewer
Utility Easement for the AUTO SPA OF TAMARAC project located on
the south side of Commercial Boulevard between NW 47 Court and
NW 47 Terrace.
APPROVED - RESOLUTION R-95-205-PASSED
MOTION TO ADOPT Temp. . #7185 increasing the monthly rate
paid to SOUTHERN SANITATION for residential multi -family solid
waste service $.17 per yard effective October 1, 1995.
APPROVED - RESOLUTION R-95-206-PASSED
j. MOTION TO ADOPT Temp. Reso. # increasing the monthly rate
paid to ALL SERVICE REFUSE for single family solid waste service
from $11.88 to $12.92 per month and increasing the cost of City logo
bags from $.90 to $.99 per bag, increases becoming effective
October 1, 1995.
APPROVED - RESOLUTION R-95-207-PASSED
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Page 6
Comm. Mishkin MOVED to APPROVE the Consent Agenda, Items 2.a., 2.b., 2.d.,
2.e., 2.f., 2.g., 2.h., 2.i., 2.j., 2.k., SECONDED by Comm. Schreiber.
VOTE: ALL VOTED AYE
END OF CONSENT AGENDA
7. MOTION TO ADOPT Temp. Reso, #7221 authorizing the modification of the
rates, charges and fees applicable to the Tamarac Stormwater Management
Utility as established in Resolution R-93-122.
APPROVED - RESOLUTION-R-95-209-PASSED
City Attorney Kraft read Temp. Reso. #7221 by title.
Comm. Machek MOVED to APPROVE Temp. Reso. #7221, SECONDED by Comm.
Mishkin.
VOTE: ALL VOTED AYE
QUASI-JUDICIAL HEARINGS
8. QUASI-JUDICIAL- MOTION TO ADOPT Temp. ResQ. #7151 approving a
waiver to the sign code for a wall sign to be 31-inches in height, with a non-
registered logo, and three colors at Hot Taco, 4621 NW 31 Avenue, in
THREE LAKES SHOPPING CENTER at the intersection of NW 31 Avenue
and Commercial Boulevard.
APPROVED-RESOLUTION-R-95-210-PASSED
City Attorney Kraft read Temp. Reso. #7151 by title.
Comm. Schreiber MOVED to APPROVE Temp. Reso. #7151, SECONDED by
Comm. Machek.
Cesar Linares, General Manager of Hot Taco, waived his Quasi -Judicial rights.
Tape 2
Dan Wood, Chief Building Official, presented the Code requirements for wall signs
and the request for a sign waiver and then recommended approval.
Discussion was held regarding the Sign Ordinance and the need for change.
Comm. Mishkin MOVED to APPROVE Temp. Reso. #7151, SECONDED by Comm.
Machek.
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Mayor Abramowitz asked for public comments with no response.
VOTE:
ALL VOTED AYE
9. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7212 approving a
site plan for the construction of 41 single-family homes for the POINTE
VILLAS project located east of Nob Hill Road, south of NW 77 Street.
Petition #8-SP-95
APPROVED-RESOLUTION-R-95-211-PASSED
City Attorney Kraft read Temp. Reso. #7212 by title.
Comm. Machek MOVED to APPROVE Temp. Reso. #7212, SECONDED by Comm.
Schreiber.
Cyril Saiphoo of Consul -Tech Engineering, Inc. and H. Josh Rodstein, representing
the developer, Weintraub Development, waived their Quasi -Judicial rights.
Jeff Miller, Community Development Director, read the Findings of Fact and
recommended approval.
Mayor Abramowitz asked for public comments with no response.
VOTE: ALL VOTED AYE
PUBLIC HEA I - 10:00 A.M.
5. PUBLIC ARING - MOTIQN TO ADOPT Temp. Ord. #1736 on second
reading authorizing the pro forma transfer of the cable television franchise
held by American Cablesystems of Florida, Ltd., to Continental Cablevision of
Jacksonville, Inc.
Public Hearing was held. APPROVED on second and final reading.
ORDINANCE-0-95-14-PASSED
City Attorney Kraft read Temp. Ord. #1736 by title.
Comm. Machek MOVED to APPROVE Temp. Ord. #1736, SECONDED by Comm.
Mishkin,
Mayor Abramowitz opened and closed the public hearing with no response.
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Page 8
VOTE: ALL VOTED AYE
6. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1737 on second
reading authorizing the appropriate City officials to execute an Addendum to
the February 24, 1993 agreement between the City of Tamarac and Waste
Management, Inc., of Florida d/b/a Southern Sanitation for furnishing
residential multi -family solid waste collection services, waiving the Consumer
Price Index Adjustment in January, 1996 and January, 1997, eliminating
caster charges, and extending the contract expiration date from December
31, 1997 to December 31, 2001.
Public Hearing was held. APPROVED on second and final reading.
ORDI NANCE-O-95-15-PASSED
City Attorney Kraft read Temp. Ord. #1737 by title.
Comm. Shreiber MOVED to APPROVE Temp. Ord. #1737 on second reading,
SECONDED by Comm. Mishkin.
Mayor Abramowitz opened and closed the public hearing with no response.
VOTE: ALL VOTED AYE
END OF PUBLIC HEARINGS
10. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7216 approving a
site plan for the construction of 10 apartments located on the northeast
corner of NW 70 Avenue and McNab Road, north of the John Vince Food
Store. Petition #9-SP-95
APPROVED-RESOLUTION-R-95-212-PASSED
City Attorney Kraft read Temp. Reso. #7216 by title.
Comm. Schreiber MOVED to APPROVE Temp. Reso. #7216, SECONDED by
Comm. Machek.
Les Stevens, attorney representing the developer, Gemstar Homes, Inc., Bromley
Kelly, representative of Miller Legg and Assoc., and Shawn McCartle of Gemstar
Homes, Inc., waived their Quasi -Judicial rights.
Mr. Miller read the Findings of Fact, stated that all concerns by the public have been
addressed and recommended approval.
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Mr. Stevens explained the revisions to the site plan to comply to all traffic concerns
generated by the public.
Tape 3
Discussion was held regarding the turn lanes, median revisions, and fire
requirements.
Mayor Abramowitz requested public comments.
Dr. Irving Ross, resident of Section 14 of the Mainlands, Frank Craveling, President
of the President's Council, Section 14, William Cannell, resident of Faircrest 14,
stated their concerns regarding the safety of the residents.
City Attorney Kraft explained the law involving the quasi-judicial process.
Lorraine Tepperello, resident of Faircrest 14, requested information on pedestrian
sidewalks.
Comm. Machek expressed her dissatisfaction and frustration regarding the laws
involving the quasi-judicial process and the prohibition of being able to discuss any
item which is of a quasi-judicial nature outside of a public hearing.
City Attorney Kraft again explained the laws regarding ex-parte communication.
Further discussion was held regarding traffic safety concerns.
Tape 4
VOTE:
ALL VOTED AYE
11. QUASI-JUDICIAL - M TI N TO ADOPT Temp. Reso. #7215 approving a
revised site plan for the construction of a solid wall where a broken fence
currently exists along Nab Hill Road adjacent to PLUM BAY/PLUM HARBOR
located on the northeast corner of Nab Hill Road and Commercial Boulevard
and granting a height waiver for the proposed columns not to exceed 20-
inches. Petition #19-SP-95
APPROVED-RESOLUTION-R-95-213-PASSED
City Attorney Kraft read Temp. Reso. #7215 by title.
Comm. Machek MOVED to APPROVE Temp. Reso. #7215, SECONDED by Comm.
Mishkin.
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Susan Prillaman, representative of Pulte Home Corp., waived her Quasi -Judicial
rights.
Mr. Miller read the Findings of Fact and recommended approval.
Mayor Abramowitz requested public comments with no response.
VOTE: ALL VOTED AYE
12. (,,QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7211 granting an
amendment to an existing special use exception for the expansion of an
existing restaurant to include an additional bay from which to prepare baked
goods and other food for retail sale at 8765 NW 57 Street in CASA LINDA
PLAZA requested by Arepalandia Corporation d/b/a Arepalandia Food Store,
Deli and Bakery. Petition #13-Z-95
APPROVED-RESOLUTION-R-95-214-PASSED
Mr. Kraft read Temp. Reso. #7211 by title.
Comm. Schreiber MOVED to APPROVE Temp. Reso. #7211, SECONDED by
Comm. Mishkin.
Charo Bolamos Ruiz, attorney representing the petitioner, and Mario Hoyos, the
petitioner, waived their Quasi -Judicial rights.
Mr. Miller read the Findings of Fact and recommended approval.
Mayor Abramowitz requested public comments with no response.
VOTE: ALL VOTED AYE
13. QUASI-jjjDICIAL - MOTION TO ADOPT -Temp. Reso. #7214 granting a
special use exception for on -premises consumption of beer and wine
requested by Arepalandia Corporation d/b/a Arepalandia Food Store, Deli
and Bakery, 8765 NW 57 Street, CASA LINDA PLAZA. Petition #14-Z-95
APPROVE D-RESOLUTION-R-95-25-PASSED
City Attorney Kraft read Temp. Reso. #7214 by title.
Comm. Schreiber MOVED to APPROVE Temp. Reso. #7214, SECONDED by
Comm. Mishkin.
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Charo Bolamos Ruiz, attorney representing the petitioner, and Mario Hoyos, the
petitioner, waived their Quasi -Judicial rights.
Mr. Miller read the Findings of Fact and recommended approval.
Mayor Abramowitz requested public comments with no response.
VOTE: ALL VOTED AYE
END OF QUASI-JUDICIAL HEARINGS
10.291A I
14. City Commission
Comm. Machek invited the Mayor and Commission to attend National School Lunch
Day at Tamarac Elementary.
Comm. Schreiber - No report.
Comm. Mishkin - No report.
Mayor Abramowitz announced that the final public hearing for the budget for FY96
would be held at 5:05 p.m.
15. City AttorM
City Attorney Kraft - No report.
16. City Manager
City Manager Noe introduced the following new staff members:
Susan Sinclair - Safety Coordinator
Chris King - Senior Planner
Stan Morris - Code Enforcement Supervisor
City Manager Noe reported that the draft documents of the proposed changes to the
Sign Code are ready to be reviewed at a Commission Workshop meeting.
Mayor Abramowitz requested that a member of the Chamber of Commerce, a
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9/27/95/KJ
Page 12
designated representative of the business community and any others interested in
this should be invited to the workshop for their input.
City Manager Noe stated that the construction of NW 67th Street project has begun,
the building permits have been by ITW/Mimi and Loveshaw and groundbreaking has
begun.
City Manager Noe said Federal Emergency Management Agency (FEMA) has
recertified the City with a Class 9 rating, which means that the citizens of the City
will continue to have a 5% reduction in their flood insurance premiums.
City Manager Noe advised the Commission that sexual harassment training for
Public Works will be given soon. The Positive Attitude training by Mildred Ramsey
was a success and the Fire Department has been giving classes to the children at
Tamarac Elementary School. He invited them to attend the Jr. Orange Bowl Queen
competition on Saturday, October 7, 1995 at 7:00 p.m. at the Recreation Center.
City Manager Noe announced that the McNab Road and Nob Hill Road 16" water
lines will be completed by the end of the year and that the computer conversion is
going well throughout the City and should be completed by mid -October.
With no further discussion, Mayor Abramowitz ADJOURNED the meeting at 11:35
a.m.
Carol A. Evans, CIVICCity Clerk
N rman Aramowitz
Mayor
CITY OF TAMARA _
APPR TING ED AT MEEF /D / Q