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Home My WebLink About1997-11-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC 91 CITY COMMISSION REGULAR MEETING WEDNESDAY, NOVEMBER 12, 1997 CALL TO ORDER: Mayor Schreiber called the regular meeting to order on Wednesday, November 12, 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 PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the Pledge of Allegiance. PUBLIC PARTICIPATION 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. Joel Rosenbaum, 8201 NW 85 Avenue, had concerns regarding the safety of his family and home. Florence Roth, 7019 NW 103 Avenue, commented on the blasting in Land Section 7. Public Participation continued on Page 5. City Commission Regular Meeting November 12, 1997 Page 2 CONSENT AGENDA 2. 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. a. MOTION TO APPROVE the minutes of the 10/22/97 Regular City Commission meeting. APPROVED b. MOTION TO ADOPT Temp. Reso. #7661 releasing performance Surety Bond #580J681-6 in the amount of $12,754. subject to receipt of a one- year warranty bond in the amount of $3,188.50 posted for the water distribution and sewage collection system improvements installed for the AUTO SPA OF TAMARAC project located at 4500 W. Commercial Boulevard. APPROVED RESOLUTION R-97-262 c. MOTION TO ADOPT Temp. Reso. #8024 releasing warranty Letter of Credit #S530442 in the amount of $7,325. posted for the water distribution system improvements installed for the RADIATION THERAPY CENTER project located at 7900 University Drive. APPROVED RESOLUTION R-97-263 d. MOTION TO ADOPT Temp. Reso. #7855 accepting four (4) bills of sale for the water distribution and sewage collection system improvements installed in the PLUM HARBOR PHASES 3A/3B, 3C/3D, 4A AND 413 project located on the northeast corner of Nob Hill Road and Commercial Boulevard. APPROVED RESOLUTION R-97-264 e. 1 MOTION TO ADOPT Tem p. Reso. #7966 authorizing the appropriate City officials to execute an Agreement and Covenant Running with the Land (Hold Harmless Agreement) with St. Malachy Catholic Church for the portable classroom encroaching in a utility easement in the ST. MALACHY CATHOLIC CHURCH project located at 6200 N. University Drive. APPROVED RESOLUTION R-97-265 City Commission Regular Meeting November 12, 1997 Page 3 2. e. 2. MOTION TO ADOPT Temp. Reso. #8047 approving a request if from ST. MALACHY CATHOLIC CHURCH to waive all permit fees for their carnival. APPROVED RESOLUTION R-97-266 MOTION TO ADOPT Temp. Reso. #8002 authorizing the appropriate City officials to execute a Tamarac Water and Sewer Utility Easement with Sam and Nathan Butters for the CONTINENTAL CABLE project located on the southwest corner of Nob Hill Road and NW 67 Street. APPROVED RESOLUTION R-97-267 g. 1. MOTION TO ADOPT Temp. Reso. #8012 accepting a Bill of Sale for the water distribution and sewage collection system improvements installed for the BUDGET MINI STORAGE project located at 8300 N. University Drive APPROVED RESOLUTION R-97-268 2. MOTION TO ADOPT Temp. Reso. #8021 authorizing the appropriate City officials to execute a First Amendment to the Water and Sewer Developer's Agreement with BMS of Broward, Inc., for the BUDGET MINI STORAGE project located at 8300 N. University Drive. APPROVED RESOLUTION R-97-269 3. MOTION TO ADOPT Temp. Reso. #8023 releasing performance Surety Bond #030001717 in the amount of $37,667.88 subject to receipt of a one-year warranty bond in the amount of $9,794. posted for the water distribution and sewage collection system improvements installed for the BUDGET MINI STORAGE project located at 8300 N. University Drive. APPROVED RESOLUTION R-97-270 h. MOTION TO ADOPT Temp. Reso. #8006 rescinding Resolution R-97- 178 and awarding Bid 97-12B for reroofing the Multi -Purpose Center to Hurricane Roofing and authorizing the award of Bid 97-12B to Advanced Roofing, Inc., authorizing the appropriate City officials to execute a Construction Services Agreement for roofing repairs. (tabled on 1018197) APPROVED RESOLUTION R-97-271 2. i. MOTION TO ADOPT Temp. Reso. #8045 awarding Bid 97-03B entitled "Tennis Court Lighting Expansion" to Americool Air Conditioning and Refrigeration, Inc., in the amount of $17,550. for the expansion of lighting at the tennis courts at the Sports Complex, 9901 NW 77 Avenue. APPROVED RESOLUTION R-97-272 City Commission Regular Meeting November 12, 1997 Page 4 2. j. MOTION TO ADOPT Temp. Reso. #8019 awarding Bid 97-26B for the replacement of two (2) HVAC units at the Water Treatment Plant and three (3) HVAC units at the Recreation Center to Americool Air Conditioning and Refrigeration, Inc., in an amount not to exceed $16,600. APPROVED RESOLUTION R-97-273 k. MOTION TO ADOPT Temp. Reso. #8049 authorizing the appropriate City officials to execute an Agreement with Mathis and Associates as facilitator for Phases 2 and 3 of the Early Retirement Program, Introduction and Implementation, at a cost not to exceed $37,000., plus related expenses. APPROVED RESOLUTION R-97-274 MOTION TO ADOPT Temp. Reso.#8048 authorizing the Tamarac Chamber of Commerce to use the City of Tamarac's logo. APPROVED RESOLUTION R-97-275 M. MOTION TO ADOPT Temp. Reso. #8046 supporting an amendment to Article VIII, Section 2(a) and (c) of the Florida Constitution. APPROVED RESOLUTION R-97-276 n. MOTION TO ADOPT Temp. Reso. #8051 authorizing the appropriate City officials to execute an agreement with Omnipoint Communications MB Operations, Inc., for the installation of a telecommunications antenna and associated equipment on City property. APPROVED RESOLUTION R-97-277 V/M Mishkin MOVED APPROVAL of the entire Consent Agenda, SECONDED by Comm. Sultanof. VOTE: ALL VOTED AYE END OF CONSENT AGENDA 3. MOTION TO ADOPT Temp. Ord. #1810 on first reading amending Chapter 16, Article III of the City Code to provide certain members of the City of Tamarac Employees Pension Plan an option to additional service credits and to retire at a higher benefit rate. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting, Wednesday, November 26, 1997, at or after 9:30 a.m. in City Commission Chambers. City Attorney Kraft read Revision #1 of Temp. Ord. #1810 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. Roberts. rA 1 1 City Commission Regular Meeting November 12, 1997 Page 5 1IFL91I :F ALL VOTED AYE 4. MOTION TO ADOPT Temp. Ord. #1811 on first reading authorizing the appropriate City officials to execute an addendum to the 1994 agreement with All Service Refuse Company, Inc., for furnishing residential recycling collection to extend the terms of the 1994 agreement for a two-year period to end December 31, 1999. APPROVED on first reading. Second reading and public hearing scheduled for regular City Commission meeting, Wednesday, November 26, 1997, at or after 9:30 a.m. in City Commission Chambers. City Attorney Kraft read Revision #1 of Temp. Ord. #1811 by title. V/M Mishkin MOVED APPROVAL, SECONDED by Comm. McKaye. 1yLel0 =F PUBLIC PARTICIPATION Continued from Page 1 ALL VOTED AYE Sylvia Weissman McConnell, 10115 NW 71 Court, commented on the blasting on Land Section 7. Teresa Agozzino and Sylvia Klau, residents, commented on the telecommunications tower behind City Hall and their houses and Ms. Klau requested removal of the tower. Discussion continued and Mayor Schreiber suggested residents could contact City Hall in the morning to ascertain what time the blast(s) would take place. Comm. Roberts also suggested that speakers indicate what item they wished to speak about during the public participation. QUASI-JUDICIAL HEARING 6.QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8038 granting a special exception to allow the operation of an indoor amusement center located in the TAMARAC MARKET PLACE at the southwest corner of Nob Hill Road and McNab Road. Petition #18-Z-97 APPROVED RESOLUTION R-97-279 City Attorney Kraft read Temp. Reso. #8038 by title. Comm. Sultanof MOVED APPROVAL, SECONDED by Comm. Roberts. Charles Gervolino, petitioner, waived his quasi-judicial rights and made a presentation. City Commission Regular Meeting November 12, 1997 Page 6 Jeffrey Miller read the findings of fact. Discussion was held concerning the hours of operation and Mayor Schreiber opened the hearing. Sylvia Weissman McConnell, 10115 NW 71 Court, questioned the types of parties that would be held. A resident from Isles of Tamarac requested that the amusement center not become a hangout. Mayor Schreiber closed the hearing with no further discussion. VOTE: ALL VOTED AYE 5. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8037 granting a special exception to permit the on -site consumption of alcoholic beverages for Luigi's Pizzeria and Restaurant located at 7168 N. University Drive in the JEWELRY EXCHANGE CENTER PLAZA. Petition #21-Z-97 DEFERRED and APPROVED RESOLUTION R-97-278 City Attorney Kraft read Temp. Reso. #8037 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof. Philip Kalhor, applicant, waived his quasi-judicial rights and made a brief presentation. Jeffrey Miller read the findings of fact. Mayor Schreiber opened and closed the hearing with no discussion. VOTE: ALL VOTED AYE 7. a. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8040 granting a special exception to allow a retail food takeout establishment with a drive- in window in a B-2 zoning district requested by Wendy's at MCNAB PLAZA at 7025 N. University Drive. Petition #12-Z-97. APPROVED RESOLUTION R-97-280 City Attorney Kraft read Temp. Reso. #8040 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. McKaye. III 1 City Commission Regular Meeting 17 1 November 12, 1997 Page 7 Robert Lochrie, attorney representing the petitioner, waived his quasi-judicial rights and made a brief presentation. Jeffrey Miller read the findings of fact. Mayor Schreiber opened the hearing. Tape 2 Marvin Seidel, Kings Point resident, questioned the status of the existing Wendy's on Pine Island Road. Joe Padwa, 6401 N. University Drive, questioned the status of a traffic study. Mayor Schreiber closed the hearing with no further discussion. VOTE: ALL VOTED AYE 7. b.QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #8041 issuing Revised Development Order #182.3 and granting new development site plan approval to Wendy's at MCNAB PLAZA for the construction of a 3,075 square foot fast-food restaurant at 7025 N. University Drive. Petition #37-SP-97 APPROVED RESOLUTION R-97-281 City Attorney Kraft read Temp. Reso. #8041 by title. Comm. Roberts MOVED APPROVAL, SECONDED by Comm. Sultanof. Robert Lochrie, attorney representing the petitioner, waived his quasi-judicial rights. Mayor Schreiber opened the hearing. Sylvia Weissman McConnell, 10115 NW 71 Court, requested the definition of motion to adopt and quasi-judicial and City Attorney Kraft provided the explanations. VOTE: ALL VOTED AYE END OFQUASI-JUDICIAL HEARING City Commission Regular Meeting November 12, 1997 Page 8 REPORTS 11 8. City Commission Comm. Roberts - no report. Comm. McKaye commented on attendance at the meeting. V/M Mishkin commented on the Veteran's Day ceremonies, congratulated Kathleen Margoles and the Parks and Recreation staff, the role played by Col. Herb Hayes and music performed by the Tamarac City Band. Comm. Sultanof - no report. Mayor Schreiber congratulated Kathleen Margoles, the Parks and Recreation staff and commended Col. Herb Hayes for conducting the Veteran's Day ceremonies. He suggested more publicity and signage prior to future Veteran's Day ceremonies. VIM Mishkin questioned whether the Tamarac City Band could perform prior to City Commission meetings. 9. City Attorney City Attorney Kraft - no report. 10. City Manager City Manager Noe advised that a drop box similar to one by the Water Treatment Plant on 61$t Street would be installed at City Hall. With no further discussion, Mayor Schreiber adjourned the meeting at 7:50 p.m. Joe Schreiber Mayor Carol A. Evans, CMC CITY OFT C City Clerk APPROVED AT MEETING OF