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HomeMy WebLinkAbout1999-10-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, OCTOBER 27, 1999 CALL TO ORDER: Mayor Schreiber called the meeting to order on Wednesday, October 27,1999, at 9:00 A.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, and Commissioner Marc L. Sultanof ABSENT AND EXCUSED FOR CAUSE: Commissioner Karen L. Roberts ALSO PRESENT: Jeffrey L. Miller, City Manager, Mitchell S. Kraft, City Attorney and Marion Swenson, Assistant City Clerk Mayor Schreiber called for the pledge to the flag. 1. SERVICE AWARDS: Mayor Schreiber and City Manager Miller presented service awards to the following City employees: Emmanuel J. Lewis, 5 years; Ricky D. Anderson, 10 years; Samuel W. Demorizi, 10 years; Maurice L. Gordon, 10 years; Brian London, 10 years; and David M. Silverbloom, 15 years. (Fire Chief Budzinski accepted for Mr. Silverbloom) 2. PUBLIC PARTICIPATION: Marvin Seidel, 9645 N Belfort, Tamarac, spoke about preventing use of cell phones while driving; better signage at cross streets; and increased salaries for the Mayor and Commissioners. Rita Schaffner, Tamarac Lakes, Section 1, Tamarac, spoke about changing from septic tanks to sewers and asked the cost to affected residents. Mayor Schreiber said this was discussed at a workshop, and City Manager Miller said item 6(e) on the consent agenda assures the residents there will be no charge for hookup to the sewer system. Commissioner Portner assured the homeowners there will be no charge, and thanked the residents of Tamarac Lakes Sections 1 and 2 for keeping up the wildlife refuge area. Commissioner Portner said this is the oldest section in Tamarac, and it will not be forgotten. Harvey Kram, 4802 Queen Palm Lane, Tamarac, complimented the Commission on the open house and said the Commission's salary needs to be addressed. Mr. Kram asked the Commission to do something about the flooding in the Woodlands and other areas of Tamarac. City Manager Miller said the City is working on the situation, and Commissioner Portner said he discussed the flooding with Public Works Director Verma and the City will be installing catch basins and pipes. REPORTS 3. City Commission: Commissioner Sultanof had no report. Vice Mayor Mishkin had no report. Commissioner Portner said Commissioner Roberts is in Washington, accepting the Blue Ribbon Award for Tamarac Elementary School, Commissioner Portner thanked Commissioner Roberts for her work on behalf of schools in Tamarac. Mayor Schreiber announced that Hiatus Road would soon be open. 4. City Attorney: City Attorney Kraft had no report. 10/27/99 1 5. City Manager: The Building Department reported that the Satellite City Hall location has been cleaned up after Hurricane Irene and progress is being made toward completion. Tamarac Fire Department received $60,000.00 for a State Technical Support Team and Tamarac matched with a $35,000.00 in -kind contribution. David Nunez and Jeff Moral will head the team. The Parks and Recreation Department held a fall fashion show that was well attended. Two Halloween events are coming up this weekend, the Spook Fest on October 29'h and the Big, Not Too Scary, Preschool Halloween Show on October 301h. The Special Olympics Tournament was held on October 24th at Tamarac Park, and 100 young people participated. Parks and Recreation also reports that football, soccer, basketball and hockey programs are underway. CONSENT AGENDA City Manager Miller asked to table item 6(f). UNIVERSITY HOSPITAL HOLD HARMLESS AGREEMENT: (TR8758) Authorizing the appropriate Officials to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with University Hospital, Ltd., for the curbs erected in a utility easement in the University Hospital and Medical Center Project, located at 7201 North University Drive. Commissioner Sultanof seconded by Vice Mayor Mishkin moved to table item 6(f), Temporary Resolution #8758. On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. TABLED TO NOVEMBER 11, 1999 6. Commissioner Sultanof seconded by Commissioner Portner moved to approve all items on the Consent Agenda except for 6(f). On roll call Commissioner Sultanof voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. a. MINUTES: October 11, 1999 Special Commission meeting. APPROVED b. MINUTES: October 13, 1999 Commission meeting. APPROVED C. MINUTES: October 20, 1999 Special Commission meeting. APPROVED d. KINGS POINT THEATRE BOND RELEASE: (TR8786) Authorizing the appropriate City Officials to release Performance Bond (Letter of Credit #S960912) in the amount of $5,272.00, posted for public improvements at Kings Point Theatre located southeast of the intersection of Nab Hill Road and NW 77th Street at the Kings Point Recreation Complex. RESOLUTION NO. R99-280 e. TAMARAC LAKES SECTION 1. WASTEWATER LINE EXTENSION PROJECT: (TR8789) Authorizing the appropriate City Officials to execute a Deferred Loan Program and not implement CIAC Impact Fees for the affected seventy-five property owners of the Tamarac Lakes Section 1 Wastewater Service Extension Project. RESOLUTION NO. R99-281 10/27/99 2 f. UNIVERSITY HOSPITAL HOLD HARMLESS AGREEMENT: (TR8758) Authorizing the appropriate Officials to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with University Hospital, Ltd., for the curbs erected in a utility easement in the University Hospital and Medical Center Project, located at 7201 North University Drive. TABLED g. WASTEWATER PUMP STATION NO. 22, WATER AND SEWER UTILITY EASEMENT: (TR8778) Accepting and executing a "Tamarac Water and Sewer Utility Easement" with Maria Rosa Sanchez, for the Wastewater Pump Station No. 22 Rehabilitation Project, located on the South side of NW 8211 Street between NW 71' Avenue and NW 72nd Avenue, to allow legal access for installation maintenance and operation of a wastewater pump station. RESOLUTION NO. R99-282 h. CULLIGAN WATER COMPANY UTILITY EASEMENT ENCROACHMENT/HOLD HARMLESS AGREEMENT: (TR8783) Authorizing the appropriate Officials to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with N&S Butters for the light poles erected in a utility easement for the Culligan Water Company Project located on the east side of Hiatus Road south of NW 671h Street, RESOLUTION NO. R99-283 i. HAMPTON INN HOTEL INGRESS/EGRESS EASEMENT: (TR8759) Authorizing the appropriate City officials to accept and execute a blanket Public Safety Ingress/Egress Easement with Wynne Building Corporation for the Hampton Inn Hotel Project, located on the northeast corner of Commercial Boulevard and NW 47 Terrace, 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. R99-284 j. GROUP LIFE INSURANCE: (TR8779) Authorizing the renewal of Basic Life and Accidental Death and Dismemberment Coverage with Metropolitan Life Insurance Company at the present rate the City pays for insurance coverage. RESOLUTION NO. R99-285 k. RENEWAL OF CITY'S DENTAL PLAN: (TR8798) Authorizing the appropriate City Officials to approve a 2.5% increase in premium for the renewal of the City's Dental Insurance Program with the Prudential Insurance Company effective January 1, 2000; providing for the continuation of the existing cost allocation of the Dental Insurance Premium between the City and employees; approving the appropriate budgetary transfers of funds. RESOLUTION NO. R99-286 I. RENEWAL OF CITY'S HEALTH PLAN: (TR8799) Authorizing the appropriate City Officials to approve an 8% HMO and 9.9% POS/PPO increase in premium for the renewal of the City's Health Insurance Program with HIP Health Plan of Florida; providing for the continuation of the existing 10/27/99 3 cost allocation of the health insurance premium between the City and employees; approving the appropriate budgetary transfers of funds. RESOLUTION NO. R99-287 M. REMOVAL AND DISPOSAL OF LIME SLUDGE: (TR8754) Approving a one- year extension of Bid No. 97-21 B entitled "Removal and Disposal of Lime Sludge" issued to L. B. Trucking and Construction Inc., for an amount not to exceed $49,530.00. RESOLUTION NO. R99-288 n. OFFICE DEPOT: (TR8796) Authorizing the appropriate City officials to approve a one-year renewal of RFP #98-20R entitled "Office Supplies" issued to Office Depot on behalf of the Broward Governmental Cooperative Purchasing Group. RESOLUTION NO. R99-289 o. APPOINTMENT TO ANNEXATION COMMITTEE: (TR8801) Appointing Commissioner Edward C. Portner as the liaison to the to the Annexation Committee. RESOLUTION NO. R99-290 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCE - FIRST READING 7. TRANSFER OF FRANCHISE FROM MEDIAONE TO AT&T: (TO1869) Motion to adopt Ordinance on first reading, denying the transfer of the MediaOne of Greater Florida, Inc. Cable Television Franchise to AT&T. City Attorney Kraft read Temporary Ordinance #1869, revision #1 by title. City Manager Miller asked to table Temporary Ordinance #1869 until the November 1011 meeting. Commissioner Sultanof seconded by Vice Mayor Mishkin moved to table Temporary Ordinance #1869 to the November 10, 1999 regular Commission meeting. On roll call Commissioner Sultanof voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. TABLED TO NOVEMBER 10, 1999 Due to the fact that it was not yet 9:30 A.M., the Commission moved out of the regular order of business on the agenda to consider Items #9 and #10. QUASI-JUDICIAL HEARINGS 9. 7-ELEVEN SPECIAL EXCEPTION: (TR8734) Motion to adopt Resolution granting a Special Exception to allow the operation of a 2,940 square foot convenience store with a self-service gas station in a B-2 (Community Business District) zoning category to 7 Eleven, located at the northwest corner of Commercial Boulevard and NW 79 Avenue; specifically Lots 1 and 2 of Block 6 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in the Plat Book 69, Page 42 of the Public Records of Broward County, Florida; Case No. 7-Z-99. 10/27/99 4 City Attorney Kraft read Temporary Resolution #8734 by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. Bonnie Miskel, Attorney at Law, Ruden McCloskey, et al., 200 E Broward Boulevard, Ft. Lauderdale, FL waived her quasi-judicial rights. Interim Community Development Director King gave a presentation, and Bonnie Miskel and Carlos A. Yepes, Belleair Development Group, Inc., 1260 66 Street N., Suite H., Largo, FL, gave a presentation. Mayor Schreiber expressed concerned about the aesthetics of the building. Commissioner Sultanof asked about the distance from the stop sign to the entrance on 571h Street, and Interim Community Development Director King responded. There was discussion about whether the Tamarac Code addressed the distance of an exit from a stop sign, and Commissioner Sultanof said he is in favor of the project but wants to make sure that the exit will not interfere with people coming out of the post office. Commissioner Portner expressed concern over traffic, fumes from gas stations, safety issues, and whether there would be pornography sold on the premises. Mr. Yepes responded. Mayor Schreiber opened the public hearing. Marvin Seidel, 9645 N Belfort, Tamarac, expressed concern about the sale of wine and beer, and people drinking in the parking lot. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Vice Mayor Mishkin expressed appreciation for the applicant's cooperation with the Community Development Department. On roll call, Commissioner Partner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-291 10. 7-ELEVEN SITE PLAN: (TR8733) Motion to adopt Resolution issuing Revised Development Order No. 198.2 and granting new Development Site Plan Approval to 7 Eleven for the construction of a 2,940 square foot convenience store with a self-service gas station, located at the northwest corner of Commercial Boulevard and NW 79 Avenue, specifically Lots 1 and 2 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. 23-SP-99. City Attorney Kraft read Temporary Resolution #8733 by title. Commissioner Sultanof seconded by Vice Mayor Mishkin moved approval. Bonnie Miskel, Attorney at Law, Ruden McCloskey, et al., 200 E Broward Boulevard, Ft. Lauderdale, waived her quasi-judicial rights. Interim Community Development Director King gave a presentation. Commissioner Sultanof asked the applicant to move the entrance on 571h Street because it is too close to the stop sign. Vice Mayor Mishkin asked about concurrency problems and said he would like someone to make sure the distance between a stop sign and an ingress/egress is addressed in the Tamarac Code. Interim Community Development Director King responded. Mayor Schreiber opened the public hearing, and with no one wishing to speak, closed the public hearing. On roll call, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-292 10/27/99 5 ORDINANCE — SECOND READING/PUBLIC HEARING 9:30 A.M. 8. EXTENTION OF AGREEMENT/MEDIAONE: (TO1867) Motion to adopt ordinance on second 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 by title on second reading. Commissioner Sultanof seconded by Commissioner Portner moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes Motion carried. ORDINANCE NO. 099-20 END OF PUBLIC HEARING QUASI-JUDICIAL HEARINGS CONT'D 11. WALGREENS AT WOODMONT SITE PLAN: (TR8737) Motion to adopt Resolution issuing Revised Development Order No. 266.1 and Major Revised Site Plan Approval for Walgreens at Woodmont to allow the demolition of a portion of the existing building, the construction of a 15,120 square foot freestanding building for Walgreens, and a playground adjacent to the proposed day care center, located at 8199 North University Drive; pursuant to Chapter 10 of the Code of Ordinances of the City of Tamarac; Case No. 16-SP-99. City Attorney Kraft read Temporary Resolution #8737 by title. Commissioner Sultanof seconded by Vice Mayor Mishkin moved approval. Konrad C. Kwok, R.A., Architect, 5310 NW 33 Avenue, Suite 219, Ft. Lauderdale, waived his quasi-judicial rights. Interim Community Development Director King gave a presentation and Mr. Kwok gave a presentation. Mayor Schreiber opened the public hearing and with no one wishing to speak closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-293 12. OXFORD ACADEMY DAY CARE CENTER: (TR8735) Motion to adopt Resolution granting a Special Exception to allow the operation of a Day Care Center in a B-2 (Community Business District) zoning category to Oxford Academy, located at 8199 North University Drive in the Walgreens at Woodmont Shoppes; specifically Parcel "A" of the "Portobello Plat", according to the Plat thereof as recorded in Plat Book 132, Page 43 of the Public Records of Broward County, Florida; Case No. 5-Z-99. City Attorney Kraft read Temporary Resolution #8735 by title. Vice Mayor Mishkin seconded by Commissioner Sultanof moved approval. Konrad C. Kwok, R.A., Architect, 5310 NW 33 Avenue, Suite 219, Ft. Lauderdale, waived his quasi-judicial rights, and Interim Community Development Director King gave a presentation. Commissioner Sultanof asked if the day care center would be 10/27/99 6 properly licensed and the staff certified, and Mr. Kwok responded. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-294 13, OCELLO'S CHEVRON GAS STATION REVISED DEVELOPMENT ORDER AND REVISED SITE PLAN: (TR8793) Motion to adopt Resolution issuing Revised Development Order No. 020.5 and Major Revised Site Plan approval for Ocello's Chevron Gas Station to allow the addition of 704 square feet, and the conversion of the existing repair bays into a convenience store, located in the Tamarac Town Square at 8351 NW 88 Avenue; pursuant to Chapter 10 of the Code of Ordinances of the City of Tamarac; Case No. 30-SP- 99. City Attorney Kraft read Temporary Resolution #8793 by title. Commissioner Sultanof seconded by Vice Mayor Mishkin moved approval. Peter Ocello, owner, and Eduardo Carcache, Engineer, waived their quasi-judicial rights. Interim Community Development Director King gave a presentation and Mr. Carcache gave a presentation. Mayor Schreiber questioned whether there would be a problem selling food on the site, and Mr. Ocello responded. Mayor Schreiber opened the public hearing and with no one wishing to speak closed the public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-295 END OFQUASI-JUDICIAL HEARINGS Vice Mayor Mishkin expressed his appreciation to Interim Community Development Director King for his efforts. There being no further business, Mayor Schreiber adjourned the meeting at 10:25 A.M. IC2�6k, ---f—1 j�—�z JOE SCHREIBER MAYOR MARION SW SON CITY OF TAAURAC ASSISTANT CITY CLERK APPROVED AT MEETING 01= 10/27/99 7