HomeMy WebLinkAbout1999-10-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, OCTOBER 13, 1999
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, October 13,1999, 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: Jeffrey L. Miller, City Manager, Mitchell S. Kraft, City Attorney
and Carol Gold, City Clerk.
Mayor Schreiber called for the pledge to the flag.
1. PROCLAMATION: Presentation by Mayor Schreiber of a proclamation
proclaiming 1999 as the "International Year of Older Persons". Paul Schuster
accepted.
2. PROCLAMATION: Presentation by Mayor Schreiber of a proclamation
proclaiming November 1999 as "National Epilepsy Awareness Month". Jerry
Pizza accepted.
3. PUBLIC PARTICIPATION: Nat Hecht, 6301 University Drive, Tamarac,
FL, spoke about Item #14 on the agenda. Mayor Schreiber asked Mr. Hecht to
wait until Item #14 came up on the agenda to speak about it. Diane Glasser,
9507 NW 72 Court, Tamarac, FL, spoke about the Charter Board Public Hearing
that will be held on October 14, 1999, at 7:00 p.m. in Chambers.
REPORTS
4. City Commission: Commissioner Roberts said anyone interested in
joining the Tamarac PTA could pick up membership forms in the Mayor's office.
The cost is $3.50 for the year. Tamarac Elementary School is scheduled for the
October 19th School Board Agenda, for emergency capping. Commissioner
Roberts urged everyone to attend the open house on October 19, 1999, to see
firsthand that Tamarac is a great and exciting City.
Commissioner Partner thanked Public works Director Verma and the Public
Works staff for the landscaping job on NW 50 Avenue. Commissioner Portner
congratulated City Clerk Gold on being nominated for President of the Broward
County Municipal Clerk's Association.
Vice Mayor Mishkin commended Parks and Recreation Director Margoles and
the Parks and Recreation staff for putting together the Junior Orange Bowl
Pageant this past Saturday evening. Vice Mayor Mishkin said he had a business
partner who suffered from epilepsy, and he knows it takes a lot of courage to live
with this affliction every day and function 100%. Vice Mayor Mishkin said he is
happy to see a large turnout for the meeting, and congratulated City Clerk Gold
on her nomination as President of the Broward County Municipal Clerks'
Association.
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Commissioner Sultanof said he is on the Library Committee for the City, and he
heard from the Secretary of State that Tamarac is part and parcel of the Libraries
of Promise Campaign, Commissioner Sultanof thanked his fellow
Commissioners, Broward County, and the constituents of Tamarac for the new
library. Tamarac's Commission donated 4.5 acres next to the Senior and
Community Center for the library.
Mayor Schreiber commended Parks and Recreation Director Margoles and the
Parks and Recreation staff for the decorations Saturday night. Mayor Schreiber
said Governor Bush came to visit Broward County with his cabinet, and held a
public meeting. He said he has been trying to bring government to the people in
Tamarac for the last 2 years, and he would like to see this Commission go into a
neighborhood and hold a meeting.
5. City Aftorney: City Attorney Kraft had no report.
6. City -Manager: City Manager Miller said applications for the SHIP Housing
Rehabilitation and First -Time Homebuyer Programs are being accepted between
September 27th and October 29th. So far 75 applications have been received.
Over 200 people participated in Fire Prevention Week activities at Fire Station
41, and Tamarac Fire Rescue participated in the Senior Palooza held at Kings
Point this past weekend. Girls' softball started Sunday, October 10th, and Youth
Soccer started October 1". The Junior Orange Bowl Queen Pageant held on
October 81' at the Recreation Center, was attended by over 200 people. In
partnership with the Broward Cultural Affairs Council and the White -Willis
Theatre, Inc., the Parks and Recreation Department will offer four programs in
the cultural arts. Each program will be offered to adults, teens and children.
Classes begin October 18th and the cost is $5.00 for each 12-week session. The
"Millennium" Holiday Fashion Show will be held October 20th at 12:00 Noon, at
Colony West Country Club. Tickets are available at a cost of $17.00 each.
Spookfest will be held October 29t' from 7 P.M. to 9 P.M., at the Tamarac Sports
Complex. There is no charge for this event. The Big Not too Scary Pre -School
Show will be held October 30, 1999, at 6:00 P.M. in the Recreation Center.
Admission is $5.00 per person. There will be a City Tour on October 19, 1999,
beginning at 10:30 A.M., in Chambers. On October 25, 1999, as part of Student
Government Day, students from Piper High School will participate in the
Commission Workshop and then discuss an issue of interest for the group and
go through a mock meeting. Flu Shots will be administered on October 15t' from
9:00 A.M. — 3:00 P.M., at the Recreation Center. There will be a Living Will
seminar on November 101h from 10:00 A.M. — Noon in the Chambers.
CONSENT AGENDA
7. Commissioner Sultanof seconded by Vice Mayor Mishkin moved approval
of all items on the consent agenda. On roll call, Commissioner Sultanof voted
"yes", Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor
Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
a. MINUTES: September 21, 1999 Special Commission meeting.
APPROVED
b. MINUTES: September 22, 1999 Regular Commission meeting.
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APPROVED
C. MINUTES: September 23, 1999 Special Commission meeting.
APPROVED
d. PERFORMANCE BOND REFUND: (TR8762) Authorizing the appropriate
Officials to refund various performance bonds paid to the City by Bonaire
Associates, Ltd. in an amount totaling $6,234.86.
RESOLUTION NO. R99-267
e. LABORATORY TESTING SERVICES: (TR8726) Purchasing laboratory
testing services until July 9, 2000, utilizing the State of Florida SNAPS pricing
agreement from STL Precision Environmental Laboratory, authorizing
expenditures not to exceed $22,000.00; with funding from the appropriate
Utilities Operating Account
RESOLUTION NO. R99-258
f. CAMERON GARDENS PROJECT: (TR8744) Accepting and executing a
Utility Easement Encroachment and Hold Harmless Agreement with
Archstone Communities Trust for a sign erected in a utility easement in
the Cameron Gardens Project, located on the southeast corner of Nob Hill
Road and NW 815t Street.
RESOLUTION NO. R99-259
g. KINGS POINT PROJECT: (TR8745) Accepting and executing a Water
and Sewer Developer's Agreement with Lennar Land Partners, a Florida
General Partnership, for the York at Kings Point Project, located on the
northwest corner of NW 77" Street and NW 96th Avenue for four
residential water and sewer building connections, one non-residential
building connection and four dumpster connections requiring 201.3 ERC's
for the water and 205.3 ERC's for sewer; requiring the payment of
$651,360.00 in CIAC fees.
RESOLUTION NO. R99-260
h. HAMPTON INN HOTEL PROJECT: (TR8746) Accepting and executing a
Water and Sewer Developer's Agreement with Wynne Building Corporation
for the Hampton Inn Hotel Project, located on the northeast corner of
Commercial Boulevard and NW 47th Terrace for one non-residential water
and sewer building connection and one dumpster connection requiring 16
ERC's for water and 17 ERC's for sewer; requiring the payment of
$53,000.00 in CIAC fees.
RESOLUTION NO. R99-261
i. EXETER EAST PROJECTIWATER & SEWER UTILITY EASEMENT:
(TR8761) Accepting and executing a "Tamarac Water and Sewer Utility
Easement" with Lennar Homes, Inc., and Lennar Land Partners, for the
Exeter East Project, located on the southeast corner of NW 801h Street
and Granville Drive, to allow legal access by City utility personnel for
installing, maintaining, and operating the water distribution and sewage
collection systems.
RESOLUTION NO. R99-262
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j. EXETER EAST PROJECT/PUBLIC SAFETY INGRESS/EGRESS
EASEMENT: (TR8760) Accepting and executing a Blanket Public Safety
Ingress/Egress Easement with Lennar Homes, Inc., and Lennar Land
Partners for the Exeter East Project, located on the southeast corner of NW
80th Street and Granville Drive, to provide proper access to the property for
municipal services such as utility, canal, fire and police protection, emergency
and other public safety services.
RESOLUTION NO. R99-263
k. WATER WELL METERS: (TR8764) Authorizing the appropriate City Officials
to award Bid #99-30B entitled "8-inch Propeller -Type Raw Water Well Meters"
to Water Specialties Corp., the lowest responsive and responsible bidder, in
the amount of $39,000.00.
RESOLUTION NO. R99-264
I. MEDICAL SUPPLIES: (TR8765) Purchasing medical supplies from
Broward County Fire Rescue Division Logistics Warehouse during FY00,
in an amount not to exceed Eighty Thousand Dollars ($80,000.00), and
executing a liability waiver for the purchases.
RESOLUTION NO. R99-265
M. PERSONAL COMPUTERS & SERVERS: (TR8770) Purchasing new
personal computers (PCs) and servers; authorizing an expenditure in an
amount not to exceed $121,000.00; utilizing State of Florida Contract
#250-040-99-1; approving funding from the appropriate accounts.
RESOLUTION NO. R99-266
n. CITY LOBBYIST: (TR8781) Authorizing the appropriate City Officials to
execute an Agreement between the City of Tamarac and Mitchell Ceasar,
as the City's Lobbyist.
RESOLUTION NO. R99-267
o. SCHOOL BOARD LEASE AGREEMENT: (TR8753) Authorizing the
appropriate City Officials to execute an External Lease Agreement with the
School Board of Broward County, Florida for the use of Meeting Room #2 in
the Multi -Purpose Center for a music classroom, for the 1999/2000 school
year, for a rental fee of $1.00 per year, located at 7531 North University
Drive.
RESOLUTION NO. R99-268
P. HOLD HARMLESS AGREEMENT/FLU SHOTS: (TR8777) Authorizing the
appropriate City Officials to execute a Hold Harmless Agreement between the
City of Tamarac and University Hospital & Medical Center relating to
University Hospital & Medical Center donating and administering 1,000 free
flu shots to Tamarac residents and City employees at the Tamarac
Recreation Center on October 15, 1999, or any subsequent date in the event
of cancellation.
RESOLUTION NO. R99-269
q. SERVICE FEES: (TR8771) Approving service fees for medical transport, fire
inspections, hazardous materials, special hazards, public education, fire
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alarms, parking in fire lanes, and special details, commencing with October
18, 1999.
RESOLUTION NO. R99-270
r. LAW ENFORCEMENT BLOCK GRANT: (TR8784) Authorizing the
appropriate City Officials to seek grant funding from the Department of
Justice, Bureau of Justice Assistance under the Local Law Enforcement
Block Grant (LLEBG) Program in the amount of $30,548.00 to enhance crime
prevention and law enforcement programs; authorizing a City match in the
amount of $ 3,394.00 to be allocated from the grant matching fund for a total
project cost of $33,942.00.
RESOLUTION NO. R99-271
S. UNIVERSAL HIRING GRANT: (TR8787) Accepting the United States
Department of Justice, Office of Community Oriented Policing Services
(COPS) Grant in the amount of $375,000.00 in order to provide funding for
salaries and benefits of five new police officers over a three year time period,
and authorizing a match in the amount of $125,000.00 from the grants
matching fund and a match of $520,000.00 from the annual general fund
appropriation for police services for an estimated total project cost of
$1,020,000; and authorizing the appropriate City Officials to sign the grant
award documents.
RESOLUTION NO. R99-272
t. CENTRAL AND SOUTHERN FLORIDA PROJECT COMPREHENSIVE
REVIEW STUDY: (TR8790) Supporting the Central and Southern Florida
Project Comprehensive Review Study (RESTUDY); directing the City Clerk to
send a copy of this Resolution to the City's Florida Congressional delegation
urging authorization, appropriation and implementation of the RESTUDY.
RESOLUTION NO. R99-273
REGULAR AGENDA
8. ANNUAL BUDGET: (TR8769) Motion to adopt resolution amending the
annual budget of estimated revenues and expenditures for the fiscal year 1999
Sales Tax Revenue Bonds Budget.
City Attorney Kraft read Temporary Resolution #8769 by title. Commissioner
Sultanof seconded by Commissioner Portner 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.
RESOLUTION NO. R99-274
9. INSTALLATION OF LANDSCAPING & IRRIGATION: (TR8757)
Awarding Bid No. 99-28B to Arazoza Brothers Corporation for the installation of
landscaping and irrigation on the medians of University Drive between Southgate
Boulevard and Commercial Boulevard, Commercial Boulevard between NW 64t"
Avenue and Rock Island Road, and Pine Island Road between Southgate
Boulevard and McNab Road; authorizing an expenditure in an amount not to
exceed $347,237.20; amending the Streetscape Improvement Trust Fund of
estimated revenues and expenditures in the amount of $75,000.00; approving an
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interfund transfer from the Streetscape Improvement Trust Fund to the Grants
Fund in the amount of $75,000.00; approving a budget transfer within the
General Fund to the Grants Fund in the amount of $121,751.05; amending the
Grants Fund Budget of estimated revenues and expenditures in the amount of
$196,751.05.
City Attorney Kraft read Temporary Resolution #8757 by title. Commissioner
Sultanof seconded by Commissioner Portner moved approval. 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. R99-275
10. INSTALLATION OF CURBING: (TR8782) Authorizing the appropriate
City Officials to award Bid No. 99-25B to ARZ Builders, Inc., for the installation of
type "D" and/or type "F" curbing; authorizing ARZ Builders, Inc. to install type "D"
curbing on the uncurbed medians of Pine Island Road between Southgate
Boulevard and McNab Road; authorizing an expenditure in an amount not to
exceed $89,862.50; approving a budget transfer within the General Fund to the
Grants Fund in the amount of $39,862.50; amending the Grants Fund budget of
estimated revenues and expenditures in the amount of $39,862.50.
City Attorney Kraft read Temporary Resolution #8782 by title. Commissioner
Sultanof seconded by Commissioner Roberts 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.
RESOLUTION NO. R99-276
11. ROAD RESURFACING CONTRACT: (TR8755) Motion to adopt
Resolution approving certain streets for resurfacing as part of Phase II -A of the
Seven Year Comprehensive Street Improvement Program; authorizing the
appropriate City Officials to execute an Agreement with Weekley Asphalt Paving,
Inc., for resurfacing streets under Phase II -A in an amount not to exceed
$1,223,172,79.
City Attorney Kraft read Temporary Resolution #8755, Revision #2 by title.
Commissioner Roberts seconded by Commissioner Portner moved approval.
Public Works Director Verma gave a presentation. Commissioner Portner asked
Public Works Director Verma to show the public the area that will be paved in the
next 7 months, and Public Works Director Verma responded he intended to
make a presentation at the City tour on October 19th. 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. R99-277
12. PURCHASE OF PROPERTY: (TR 8792) Motion to adopt resolution
authorizing the appropriate City Officials to purchase approximately 17.55 acres
of property identified as a portion of the "Florida Fruit Lands Company
Subdivision No. 2" lying in Tracts 14,15, and 16, in Section 7, Township 49
south, Range 41 east, as recorded in Plat Book 1, Page 102 of the Public
Records of Palm Beach County, Florida, said lands situated, lying, and being in
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the City of Tamarac, Broward County, Florida; approving the sale of "Parcel B" to
City Furniture for $190,000; approving a loan from the Drainage Retention Fund
and Risk Management Fund to the General Capital Construction Fund;
amending the General Capital Construction Fund budget, Drainage Retention
Fund Budget, Parks and Recreation Fund Budget, and Risk Management Fund
budget of estimated revenues and appropriations.
City Attorney Kraft read Temporary Resolution #8792, Revision #3, by title.
Commissioner Roberts seconded by Commissioner Sultanof moved approval.
Assistant City Manager/Interim Finance Director Hemstreet gave a presentation.
Commissioner Sultanof said City Furniture is building 860,000-sq. ft. of
warehouses and showrooms in the new Commerce Park, and this will increase
Tamarac's tax base. Commissioner Roberts commended City Manager Miller
and Interim Community Development Director King, who have been instrumental
in getting this property for the City. Commissioner Roberts said she is hopeful
that a handicapped playground will be installed in the park. Mayor Schreiber
said this was a job well done. Vice Mayor Mishkin said the Commission just
voted on over 2 million dollars in expenditures, and these decisions were not
made lightly. Commissioner Portner said he would abstain from voting on this
matter because of a conflict. On roll call, Commissioner Roberts voted "yes",
Commissioner Portner "abstained", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R99-278
ORDINANCE FIRST READING
13. EXTENTION OF AGREEMENT/MEDIAONE: (TO1867) Motion to adopt
ordinance on first reading authorizing the appropriate City Officials to execute a
third extension of two (2) months of the Cable Television Franchise Agreement
between the City of Tamarac, Florida, and MediaOne of Greater Florida, Inc.
(MediaOne).
City Attorney Kraft read Temporary Ordinance #1867 on first reading by title.
Commissioner Sultanof seconded by Vice Mayor Mishkin moved approval.
There was discussion relative to MediaOne not being responsive to negotiating,
poor service and bringing competition to Tamarac. City Manager Miller said he
received notification from MediaOne that they are willing to begin negotiations
again. Matt Lyons, St. Malachy Church, Tamarac, FL, spoke about the poor
service and high prices. Mayor Schreiber responded that BellSouth's franchise
application is in the works. Walter Coughlin, 4806 NW 49 Court, Tamarac, FL,
said he received a telephone call from the President of Mainlands 5, and he has
photographs showing the poor work done by MediaOne. Mayor Schreiber asked
Mr. Coughlin to give the photos to the City Manager, Commissioner Sultanof
said he deplores what MediaOne has done in Tamarac, but BellSouth is only
considering a pilot program in one area. Mayor Schreiber said BellSouth made a
presentation last Monday before the Presidents' Council. Burt Schneider, 8016
NW 72 Street, Tamarac, FL, said he has been in contact with BellSouth, and
they indicated they intend to seek a franchise in the City of Tamarac. On roll
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call, Commissioner Portner voted "no", Vice Mayor Mishkin "yes", Commissioner
Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion
carried.
PASSED FIRST READING
QUASI-JUDICIALHEARINGS
14. SPECIAL EXCEPTION/AMOCO OIL COMPANY: (TR8701) Motion to
adopt resolution, denying the Special Exception to allow the operation of a gas
station with a convenience store as an accessory use in a B-2 (Community
Business District) zoning category to Amoco Oil Company, located at the
southeast corner of University Drive and NW 61 Street; specifically a portion of
Tract "A" of the "Summit Professional Complex" Plat, according to the Plat
thereof as recorded in Plat Book 101, Page 29 of the Public Records of Broward
County, Florida; Case No. 5-Z-98.
TABLED TO NOVEMBER 1, 1999, 10:00 A.M.
15. SITE PLAN/AMOCO OIL COMPANY: (TR8700) Motion to adopt
resolution denying New Development Site Plan approval to Amoco Oil Company
for the construction of a 3,212 square foot convenience store with six (6) multi-
product gasoline dispensers, located at the southeast corner of University Drive
and NW 61 Street, specifically a portion of Tract "A" of the "Summit Professional
Complex" Plat, according to the Plat thereof as recorded in Plat Book 101, Page
29 of the Public Records of Broward County, Florida; Case No. 15-SP-98
TABLED TO NOVEMBER 1, 1999, 10:00 A.M.
City Attorney Kraft read Temporary Resolution #8701, revision #2 by title, and
Temporary Resolution 8700 by title. City Attorney Kraft reviewed the procedure
to be used for the Quasi -Judicial hearings. City Clerk Gold swore in the
witnesses. City Attorney Kraft asked the Commissioners to disclose any ex-
parte communication they may have had in these matters. Vice Mayor Mishkin
said he made a number of calls to representatives of residents of the district,
alerting them to the fact that these items were going to be on the agenda.
Interim Community Development Director King confirmed proper notification was
given in compliance with the Code. Commissioner Roberts said she met with
City staff to discuss procedural aspects only of this meeting. There was
discussion about the oath, and the oath was administered again. Interim
Community Development Director King explained his area of expertise in
Planning and gave a presentation. Utilities Director Woika explained his area of
expertise in Water and Wastewater and gave a presentation. Joaquin Vargas, of
Miller Consulting explained his area of expertise in Traffic Concurrency and gave
a presentation. Henry Isler, Consultant, explained his area of expertise Land
Development and gave a presentation. Jim Brady, Attorney for Applicant, cross-
examined Mr. Isler.
Mayor Schreiber called a recess at 9:30 P.M. Mayor Schreiber reconvened the
meeting at 9:40 P.M. with everyone present. City Attorney Kraft asked to deviate
from the procedures and allow the public to speak.
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Sam Schwartz, 6451 N. University Drive, Tamarac, commended the Mayor and
Commissioners for the expertise of the consultants employed by the City, spoke
about notice for the meeting and expressed concern about the location of gas
stations to the canals and the condominiums. Tony Gentile, 8026 NW 72 Street,
Tamarac, said the staff outlined a number of concerns, but the paramount issue
is the well water issue, and he supports the staffs recommendation to deny. Nat
Hecht, 6301 University Drive, Tamarac, FL, spoke about meeting notification and
his concern about putting a gas station next to a house of worship because of
the children's safety. Matt Lyons, St. Malachy Church, spoke about the meeting
notice, the driveways, the vacant land as it stands now, and the beautification
promised by Amoco. Joseph Sobel, 8605 NW 59 Place, Tamarac, FL, spoke
about the water conditions and ingress to the church on 61" street.
Mr. Brady called Mr. Vargas, Utilities Director Woika and Interim Community
Development Director King for cross-examination. Nancy Straub, Special
Counsel for the City called Utilities Director Woika and Mr. Vargas for cross-
examination. Mr. Brady questioned Mr. Vargas. Ms. Straub called Mr. Isler for
cross-examination.
Emerson Allsworth, Esq., and land use consultant, explained his area of
expertise and spoke on behalf of the applicant. Orlando Alonso, Architect, gave
a presentation on behalf of the applicant.
Mayor Schreiber called for a recess at 11:00 P.M. Mayor Schreiber reconvened
the meeting at 11:10 P.M. with everyone present.
Vice Mayor Mishkin seconded by Commissioner Sultanof moved to table
Temporary Resolution 8701 and Temporary Resolution 8700 to November 1,
1999, at 10.00 A.M., in the Commission Chambers. On roll call Vice Mayor
Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes",
Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
END OF QUASI-JUDICIAL HEARINGS
There being no further business, Mayor Schreiber adjourned the regular
Commission meeting at 11:15 P.M.
CAROL G D, CMC/
CITY CLERK
S/
Obff SCHREIBER, MAYOR
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CITY OF TAMARA.0
APPROVED AT MEETING OF