HomeMy WebLinkAbout1997-10-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION REGULAR MEETING
WEDNESDAY, OCTOBER 8, 1997
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, October 8, 1997, at 7:00 P.M. in Commission Chambers of Tamarac City
Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PRESENT:
Mayor Joseph 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
Phyllis Polikoff, Office Specialist
Tape 1 '
INTRODUCTION
1. PRESENTATION by Mayor Schreiber of a proclamation designating the
week of October 19 - 25, 1997, as "FLORIDA CITY GOVERNMENT
WEEK".
Mayor Schreiber presented the proclamation to Dr. Garie Rose, Assistant Principal
of Tamarac Elementary School.
2. PRESENTATION by Mayor Schreiber of a proclamation designating the
month of October, 1997, as "ITALIAN HERITAGE AND CULTURE
MONTH".
The proclamation will be mailed.
City Commission Regular Meeting
October 8, 1997
Page 2
3. PRESENTATION by Mayor Schreiber of a Certificate of Appreciation to
LOUIS J. SOHN in recognition of his service to the City while on the Code
Enforcement Board.
Mayor Schreiber presented the certification to Louis J. Sohn.
PUBLIC PARTICIPATION
4. 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.
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.
Stan Bernard, Martin Fisch, Harriet Cohen, Mona Wolkoff, Anthony Minchella and
Florence Roth, residents, and Martin Israel, Sunrise resident commented on the
blasting on Land Section 7.
Marvin Seidel, Kings Point resident, stated concerns regarding a traffic signal
adjacent to Fire Station #1 and the blasting in Land Section 7.
CONSENT AGENDA
5. Items listed under Consent Agenda 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.
d. MOTION TO ADOPT Temp. Reso. #8022 authorizing the
appropriate City officials to execute an agreement with Mitchell
Ceasar, P.A., as the City's lobbyist.
REMOVED. See Page 3 for final action.
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City Commission Regular Meeting *Revision 5.d.
October 8, 1997
Page 3
After discussion, Comm. Roberts MOVED to REMOVE for discussion,
SECONDED by V/M Mishkin.
VOTE: ALL VOTED AYE
MOTION TO ADOPT Temp. Reso. #8006 rescinding Resolution R-
97-178 and awarding Bid 97-12B for reroofing the Multi -Purpose
Center to Advanced Roofing, Inc., in an amount not to exceed
$26,825.
REMOVED. See below for final action.
City Manager Noe recommended Item 5.1. be removed for discussion and Comm.
Roberts MOVED to REMOVE, SECONDED by V/M Mishkin.
VOTE:
ALL VOTED AYE
*d. MOTION TO ADOPT Temp. Reso. #8022 authorizing the
appropriate City officials to execute an agreement with Mitchell
Ceasar, P.A., as the City's lobbyist.
REMOVED on Page 2 and TABLED to regular City Commission
meeting, October 22, 1997.
Comm. Roberts MOVED to TABLE to regular City Commission meeting on
October 22, 1997, SECONDED by V/M Mishkin.
MOTION TO ADOPT Temp. Reso. #8006 rescinding Resolution R-
97-178 and awarding Bid 97-12B for reroofing the Multi -Purpose
Center to Advanced Roofing, Inc., in an amount not to exceed
$26,825,
REMOVED above and TABLED
Comm. Roberts MOVED to TABLE, SECONDED by V/M Mishkin.
VOTE: To Table Consent Agenda Items 5.d. and 5.1. ALL VOTED AYE
City Commission Regular Meeting
October 8, 1997
Page 4
5. a. MOTION TO APPROVE the minutes of the following City
Commission meetings:
1) 9/22197 Special Meeting
2) 9/24/97 Regular Meeting
APPROVED
b. MOTION TO ADOPT Temp. Reso. #7797 authorizing the
appropriate City officials to execute the external lease agreement
with the School Board of Broward County for use of Rooms 101 and
102 in the MULTI -PURPOSE CENTER located at 7531 N. University
Drive during the 1997/1998 school year for a rental fee of $1.00 per
year.
APPROVED RESOLUTION R-97-234
C. MOTION TO ADOPT Temp. Reso. #8014 urging the United States
Congress to appropriate at least 2 million dollars in FY 1998 Energy
and Water Development Funds for local sponsor reimbursement and
Corps of Engineers review of engineering and environmental studies
for the Broward County Shore Protection project.
APPROVED RESOLUTION R-97-236
e. 1. MOTION TO ADOPT Temp. Reso. #7953 authorizing the
appropriate City officials to execute a Water and Sewer
Developer's Agreement with Tract 24 Associates, Inc., for the
CORAL COVE project located on the southeast corner of NW
81 Street and Nob Hill Road.
APPROVED RESOLUTION R-97-236
2. MOTION TO ADOPT Temp. Reso. #7954 authorizing the
appropriate City officials to execute a blanket public safety
ingress/egress easement with Tract 24 Associates, Inc., for the
CORAL COVE project located on the southeast corner of NW 81
Street and Nob Hill Road.
APPROVED RESOLUTION R-97-237
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City Commission Regular Meeting
October 8, 1997
Page 5
5. f. 1. MOTION TO ADOPT Temp. Reso. #7963 accepting a Bill of Sale
for the water distribution system improvements installed for the
SANIBEL project located on the west side of NW 108 Terrace
between McNab Road and Southgate Boulevard.
APPROVED RESOLUTION R-97-238
2. MOTION TO ADOPT Temp. Reso. #7964 authorizing the
appropriate City officials to execute Tamarac Water and Sewer
Utility Easement with Pulte Home Corporation for the SANIBEL
project located on the west side of NW 108 Terrace between
McNab Road and Southgate Boulevard.
APPROVED RESOLUTION R-97-239
g. MOTION TO ADOPT Temp. Reso. #7974 authorizing the appropriate
City officials to purchase laboratory testing services until June 30, 1998,
utilizing the Broward County Co -Op Bid #B-96-73 awarded to Harbor
Branch Oceanographic Laboratory at a maximum total cost of $12,000.
with funding from the appropriate Utilities operational account.
APPROVED RESOLUTION R-97-240
h. MOTION TO ADOPT Temp. Reso. #7975 authorizing the appropriate
City officials to execute a Water and Sewer Developer's Agreement with
First Union National Bank for the FIRST UNION NATIONAL BANK
project located on the northwest corner of McNab Road and University
Drive.
APPROVED RESOLUTION R-97-241
i. MOTION TO ADOPT Temp. Reso. #7984 releasing a cash performance
bond in the amount of $1,200. posted for the water distribution
improvements and waiving the requirement for a one-year warranty bond
for the Dairy Queen project in TAMARAC MARKETPLACE located on the
southwest corner of Nob Hill Road and McNab Road.
APPROVED RESOLUTION R-97-242
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City Commission Regular Meeting
October 8, 1997
Page 6
5. j. MOTION TO ADOPT Temp. Reso. #8016 approving the Parks and
Recreation Department's grant application to Broward County Cultural
Affairs Council for a grant in the amount of $9,320. with a match from the
City in the amount of $18,640. for an outdoor musical concert series in FY
99 to be held at the TAMARAC SPORTS COMPLEX.
APPROVED RESOLUTION R-97-243
k. MOTION TO ADOPT Temp. Reso. #8008 authorizing the Fire
Department to purchase medical supplies from Broward County Fire
Rescue during FY 98 at a total cost not to exceed $70,000. and executing
a liability waiver for the purchases.
APPROVED RESOLUTION R-97-244
M. MOTION TO ADOPT Temp Reso. #8020 authorizing the engagement of
Mathis and Associates to assist in planning activities and design of
voluntary early retirement program.
APPROVED RESOLUTION R-97-245
Comm. Roberts MOVED to APPROVE Consent Agenda Items 5.a.1. through 5.m. with
the exception of 5.d. and 5.1. which were TABLED on Page 3, SECONDED by V/M
Mishkin.
VOTE:
END OF CONSENT AGENDA
PUBLIC HEARINGS 7:30 P.M.
ALL VOTED AYE
15. PUBLIC HEARING MOTION TO ADOPT Temp. Ord. #1796 on second
reading amending Chapter 5 of the City Code, "Building and Building
Regulations, Article VI," entitled "Antennae and Aerials," Section 5-121, providing
for the preemption of satellite dishes less than one (1) meter in diameter as
established by the Federal Communication Commission (FCC) national policy.
Case #13-Z-97
APPROVED on second reading. ORDINANCE 0-97-14
City Attorney Kraft read Temp. Ord. #1796 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof.
Mayor Schreiber opened the public hearing.
City Commission Regular Meeting
October 8, 1997
Page 7
Tape 2
Sydney Wolkoff, resident, commented on Federal restrictions and deed restrictions.
Cynthia Diemer, Code Enforcement Supervisor, made a presentation.
Mayor Schreiber closed the public hearing with no further discussion.
VOTE: ALL VOTED AYE
16. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1797 on second
reading amending Chapter 13 of the City Code entitled "Miscellaneous
Offenses" by renaming Section 13-5 "Writing on Property Without Permission of
Owner" to read "Graffiti", adding Section 13-5(a), "Application", adding Section
13-5(b), "Definitions", adding Section 13-5(e), "Restitution",adding Section 13-
5(f), "Imposition of Lien" and adding Section 13-5(g), "Graffiti Removal
APPROVED on second reading. ORDINANCE 0-97-15
City Attorney Kraft read Temp. Ord. #1797 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof.
Mayor Schreiber opened and closed the public hearing with no discussion.
VOTE:
ALL VOTED AYE
17. PUBLIC HEARING - QUASI-JUDICIAL - MOTION TO ADOPT Temp. Ord. #1772
on first reading concerning a request by FOUNTAINS CORPORATE CENTER to
rezone land on the south side of NW 57 Street, east of NW 63 Avenue, Parcels A
and C, from B-1 (Neighborhood Business District) and B-5 (Limited Business
District) to B-2 (Community Business District) located on the south side of NW 57
Street east of NW 63 Avenue. Petition #12-Z-95. (tabled on 7/9/97).
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read Temp. Ord. #1772 by title.
Rod Feiner, attorney representing the petitioner, waived his quasi-judicial rights.
Mayor Schreiber opened the public hearing.
City Commission Regular Meeting *Revision
October 8, 1997
Page 8
Morris Sher, President of Bermuda Club, thanked * Mayor Schreiber for assisting with
the negotiations with the petitioner.
Mayor Schreiber closed the public hearing with no further discussion.
VOTE: ALL VOTED AYE
END OF PUBLIC HEARINGS
QUASI-JUDICIAL HEARING
18. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8010, issuing revised
Development Order No. 182.2 and granting a new development site plan to
FIRST UNION BANK requested by Reynolds, Smith and Hills, Inc./Benson K.
Birchwood for the construction of a 5,200 square foot building located at
7005 N. University Drive.
APPROVED RESOLUTION R-97-248
City Attorney Kraft read Temp. Reso. #8010 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye.
Chris Coleman, representing the petitioner, waived his quasi-judicial rights and made a
brief presentation.
Mayor Schreiber opened and closed the hearing and discussion followed pertaining to
the present location of the bank.
Jeffrey Miller, Director of Community Development, made a presentation and advised
the address was incorrect and to amend the Resolution to indicate 7005 N. University
Drive.
VOTE:
ALL VOTED AYE
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City Commission Regular Meeting
October 8, 1997
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6. MOTION TO ADOPT Temp. Ord. #1782 on first reading amending Chapter 7 of
the City Code, "Fire Prevention and Protection", to reflect the actual services and
responsibilities of the Fire Department and to change the name of the Fire
Department to the Fire Rescue Department.
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read Revision #8 of Temp. Ord. #1782 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof.
VOTE:
ALL VOTED AYE
7. MOTION TO ADOPT Temp. Ord. #1785 on first reading amending Section 24-
580 of the City Code clarifying the requirements for fire access areas, fire lanes,
speed controls and security devices
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read Revision #9 of Temp. Ord. #1785 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. McKaye.
VOTE:
ALL VOTED AYE
8. MOTION TO ADOPT Temp. Ord. #1800 on first reading amending Section 10-
47, "Site Plan Submission," requiring the placement of road pavement markers
and a note on the site plan.
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read Revision #4 of Temp. Ord. #1800 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye.
VOTE: ALL VOTED AYE
City Commission Regular Meeting
October 8, 1997
Page 10
9. MOTION TO ADOPT Tem . Ord. #1801 on first reading amending Section 11-7
of the City Code, "Minimum Landscape Requirements," clarifying the placement
of landscaping so as not to impede firefighting operations.
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read Revision #2 of Temp. Ord. #1801 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. McKaye.
VOTE:
ALL VOTED AYE
10. MOTION TO ADOPT Temp. Ord. #1802 on first reading amending Chapter 7 of
the City Code, "Fire Prevention and Protection," creating Section 7-30 entitled
"Fire Alarms."
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read Revision #5 of Temp. Ord. #1802 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts.
VOTE:
ALL VOTED AYE
11. MOTION TO ADOPT Temp. Ord. #1803 on first reading amending Chapter 7 of
the City Code, "Fire Prevention and Protection," creating funding sources,
amending Section 7-29, "Fire Service Fees," and deleting Section 7-53, "Fire -
Inspection Fees."
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read Revision #6 of Temp. Ord. #1803 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof.
VOTE:
ALL VOTED AYE
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City Commission Regular Meeting
October 8, 1997
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12, MOTION TO ADOPT Temp. Ord. #1804 on first reading amending Chapter 7 of
the City Code, "Fire Prevention and Protection", Section 7-28 "Fire Chief', by
amending the responsibilities of the Fire Rescue Department Director/Fire Chief.
APPROVED on first reading. Second reading and public hearing scheduled for
regular City Commission meeting, Wednesday, October 22, 1997, at or after
9:30 a.m. in Commission Chambers.
City Attorney Kraft read of Temp. Ord. #1804 by title.
Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof.
VOTE:
ALL VOTED AYE
13. MOTION TO ADOPT Temp. Reso. #8018 appointing one (1) regular member to
the Public Information Committee to fulfill an unexpired term ending June 1,
1998, or until such time as reappointments are made.
APPROVED RESOLUTION R-97-246
City Attorney Kraft read Temp. Reso. #8018 by title.
Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts.
Comm. Roberts MOVED to APPOINT Florence Bochenek, SECONDED by V/M
Mishkin.
VOTE:
ALL VOTED AYE
14. MOTION TO ADOPT Temp. Reso. #7990 authorizing the appropriate City
officials to execute an agreement with Pavex Corporation for the resurfacing of
certain streets in an amount not to exceed $304,508.88.
APPROVED RESOLUTION R-97-247
City Attorney Kraft read Revision #1 of Temp. Reso. #7990 by title.
V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Sultanof.
Raj Verma, Public Works Director, made a presentation.
VOTE: ALL VOTED AYE
City Commission Regular Meeting
October 8, 1997
Page 12
REPORTS
19. City Commission
*Revision
#19 Reports - Mayor
Schreiber
Comm. Roberts advised that October 23 was Red Ribbon Day at Tamarac Elementary
School.
Comm. McKaye congratulated Louis Sohn on receiving a certificate.
Tape 3
V/M Mishkin congratulated Louis Sohn and commented on statements made in the
newspaper with regard to blasting, the health, safety and welfare of the residents and
comments made by residents during tonight's Public Participation portion.
Comm. Sultanof said he would continue to do his best for the City. He referred to the
Charter Board's request for restoration of their powers and commented on the blasting
in Land Section 7.
Mayor Schreiber commented on remarks made by *Vice Mayor Mishkin with regard to
the health, safety and welfare of the residents, Commission salaries and blasting
complaints.
20. City Attorney
City Attorney Kraft — no report.
21. City Manager
City Manager Noe — no report.
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City Commission Regular Meeting
October 8, 1997
Page 13
21. Adjournment
With no further discussion, Mayor Schreiber adjourned the meeting at 8:35 p.m.
Carol A. Evans, CMC
City Clerk
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Joe Schreiber
Mayor