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Home My WebLink About1996-11-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, NOVEMBER 13, 1996 CALL TO ORDER: Vice Mayor Mishkin called the Regular meeting to order on Wednesday, November 13, 1996, at 7:00 P.M. in Commission Chambers of Tamarac, City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Vice Mayor Larry Mishkin Commissioner Bruce Hoffman Commissioner John E. McKaye Commissioner Joseph Schreiber ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Patricia Marcurio, CMC, Assistant City Clerk Phyllis Polikoff, Office Specialist PLEDGE OF ALLEGIANCE AND MOMENT OF MEDITATION: Vice Mayor Mishkin called for the Pledge of Allegiance and a Moment of Meditation for former Fire Chief Bernard Simon and Sunrise Mayor Dan Pearl. Tape 1 V/M Mishkin announced vacancies on several City boards and committees. INTRODUCTION PRESENTATION by Vice Mayor Mishkin of a proclamation designating the month of November, 1996, as "EPILEPSY AWARENESS MONTH". Ms. Marcurio read the proclamation and Vice Mayor Mishkin presented same to Bill Naulty and Jerry Pizza representing the Committee for Epilepsy Awareness. 2. PRESENTATION by Vice Mayor Mishkin of a proclamation designating November 13, 1996 as "OSTEOPOROSIS AWARENESS DAY". Ms. Marcurio read the proclamation and Vice Mayor Mishkin presented same to James Cruickshank of Columbia University Hospital and Medical Center. Page 2 City Commission Regular Meeting November 13, 1996 3. PRESENTATION by Vice Mayor Mishkin of a proclamation honoring the memory of former Fire Chief Bernard Simon. Ms. Marcurio read the proclamation and Vice Mayor Mishkin presented same to Doreen Simon, wife, and Helen Simon, daughter, of former Fire Chief Bernard Simon. Raymond Briant, former Fire Chief, requested that Chief Simon's name be placed on a new plaque at Fire Station #1. V/M Mishkin announced that 28 employees and residents participated in the recent American Heart Association Walk and the employees raised $2,695. CONSENT AGENDA 5. Items listed under Consent Agenda, Item 5, 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. h. MOTION TO ADOPT Temp. Reso. #7585 authorizing the appropriate City officials to execute a professional services agreement with Carr Smith Associates for a Facilities Utilization Study with funding in an amount not to exceed $18,340. REMOVED for Discussion. See Page 7 for final action. Comm. Schreiber MOVED to REMOVE for discussion, SECONDED by Comm. Hoffman. MOTION TO ADOPT Temp. Reso. #7587 authorizing the City Commission to contribute to the Veterans Affairs Committee matching funds of 50% not to exceed $20,000. of the total cost of erecting a Veterans Memorial at the Tamarac Veterans Park (tabled on 10/23/96). REMOVED for discussion. See Page 7 for final action. Comm. Schreiber MOVED to REMOVE for discussion, SECONDED by Comm. Hoffman. 1 Page 3 City Commission Regular Meeting November 13, 1996 5. n. MOTION TO ADOPT Temp. Reso. #7597 approving the purchase of a Toro Reelmaster 3500-D riding mower from Hector Turf Company at a cost of $26,179.22 utilizing General Services Administration Contract GS-07F-8722D. REMOVED for discussion. See Page 7 for final action. Comm. Schreiber MOVED to REMOVE for discussion, SECONDED by Comm. Hoffman. MOTION TO ADOPT Temp. Reso. #7564 awarding Bid 96-15 to Intercounty Engineering, Inc., for the Galvanized Services Replacement Program, Phase 1, in an amount not to exceed $154,809. TABLED at request of City Manager At the request of City Manager Noe, Comm. Hoffman MOVED to TABLE, SECONDED by Comm. McKaye. VOTE on Item 5.f. only: ALL VOTED AYE 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. Milton Siegel, President of Isles of Tamarac, and Charles Sheil and Anthony Minchella, residents of Isles of Tamarac, voiced their opposition to Consent Agenda Item 5.o. CONSENT AGENDA 5. Items listed under Consent Agenda, Item 5, 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. Page 4 City Commission Regular Meeting November 13, 1996 5. o. MOTION TO ADOPT Temp. Reso. #7599 authorizing the appropriate City officials to execute an agreement with Broward County for the joint funding of improvements to a portion of Hiatus Road between Commercial Boulevard and McNab Road a/k/a Project No. 5154. REMOVED for discussion. See Page 7 for final action. Comm. Hoffman MOVED to REMOVE for discussion, SECONDED by Comm. Schreiber. VOTE: ALL VOTED AYE CONSENT AGENDA 5. Items listed under Consent Agenda, Item 5, 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 10/23/96 regular City Commission meeting. APPROVED b. MOTION TO ADOPT Temp. Reso. #7492 authorizing the appropriate City officials to execute Addendum 96-01 to the contract with Metcalf & Eddy to provide design, permitting, bidding services and construction administration for the installation of a sewer force main associated with the widening of McNab Road for a proposed amount not to exceed $49,589. in accordance with the City consulting engineering agreement as authorized by Resolution R-96-163. APPROVE D-RESOLUTION-R-96-249 C. MOTION TO ADOPT Temp. Reso. #7553 authorizing the appropriate City officials to purchase laboratory testing services for FY 97 utilizing the Broward County Co -Op Bid B-96-73 awarded to Harbor Branch Oceanographic Laboratory at a maximum total cost of $15,000. APPROVE D-RESOLUTION-R-96-250 d. MOTION TO ADOPT Temp. Reso. #7565 accepting a Bill of Sale for water distribution and sewage collection improvements in the PLUM BAY PHASE 3 single family homes project located on the northeast corner of Nob Hill Road and Commercial Boulevard. APPROVE D-RESOLUTION-R-96-251 1 Fil Page 5 City Commission Regular Meeting November 13, 1996 5. e. MOTION TO ADOPT Temp. Reso. #7571 releasing performance Letter of Credit #S530442 in the amount of $7,325. posted for water distribution system improvements for the RADIATION THERAPY CENTER project located on the east side of University Drive between NW 78 Street and NW 82 Street subject to receipt of a one-year warranty bond in the amount of $1,831.25, APPROVED-RESOLUTION-R-96-252 g. MOTION TO ADOPT Temp. Reso. #7567 authorizing the appropriate City officials to execute agreements for the FY 97 inflow and infiltration project with the following three (3) sewer rehabilitation companies: Madsen/Barr- Allwaste, Inc., Video Industrial Services, Inc., and Insituform Southeast, Inc., for which the Director of Utilities will approve work tasks under each contract up to a combined total cost not to exceed $400,000, APPROVE D-RESOLUTION-R-96-253 MOTION TO ADOPT Temp. Reso. #7593 authorizing the appropriate City officials to renew basic life insurance and accidental death & dismemberment coverage with MET LIFE at the present rate the City pays for insurance coverage for City employees. APPROVE D-RESOLUTION-R-96-254 k. MOTION TO ADOPT Temp. Reso. #7588 approving the purchase of portable radios and accessories for the expanded advanced life support transport service from Motorola, a sole source, based on the Broward County contract, as amended December 13, 1990, for a total cost of $11,664.40. APPROVE D-RESOLUTION-R-96-255 MOTION TO ADOPT Temp. Reso. #7589 authorizing the appropriate City officials to execute the renewal of the lease agreement with Lane Hospitality for an antenna site on the Holiday Inn West building for the City's radio communication system. APPROVE D-RESOLUTION-R-96-256 M. MOTION TO ADOPT Temp. Reso. #7592 approving the purchase of 23 microcomputers from Gateway 2000 utilizing State of Florida Contract Number 250-040-96-1 at an estimated cost of $49,000. APPROVE D-RESOLUTION-R-96-257 Page 6 City Commission Regular Meeting November 13, 1996 5. p. MOTION TO ADOPT Temp. Reso. #7600 approving a Tri-Party agreement between Broward County, CML Illinois Investment Group and the City of Tamarac for the installation of required improvements relating to the WESTPOINT SECTION 7 PLAT located on the northwest corner of Commercial Boulevard and Nob Hill Road. APPROVE D-RESOLUTION-R-96-260 q. MOTION TO ADOPT Temp. Reso. #7604 authorizing the appropriate City officials to execute an Individual Project Order pursuant to a previously approved agreement with James Duncan and Associates in the amount of $9,550. for additional services in the completion of the City of Tamarac Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments. APPROVE D-RESOLUTION-R-96-261 Comm. Hoffman MOVED APPROVAL of Consent Agenda Items 5.a, 5.b., 5.c., 5.d., 5.e., 5.g., 5.i., 5.k., 5.1., 5.m., 5.p. and 5.q., SECONDED by Comm. McKaye. VOTE; ALL VOTED AYE h. MOTION TO ADOPT Temp. Reso. #7585 authorizing the appropriate City officials to execute a professional services agreement with Carr Smith Associates for a Facilities Utilization Study with funding in an amount not to exceed $18, 340. REMOVED on Page 2 for discussion. TABLED After discussion, Comm. Schreiber MOVED to TABLE, SECONDED by Comm. Hoffman. VOTE: ALL VOTED AYE Tape 2 MOTION TO ADOPT Temp. Reso. #7587 authorizing the City Commission to contribute to the Veterans Affairs Committee matching funds of 50% not to exceed $20,000, of the total cost of erecting a Veterans Memorial at the Tamarac Veterans Park (tabled on 10/23/96). REMOVED on Page 2 for discussion. TABLED After discussion, Comm. Schreiber MOVED to TABLE, SECONDED by Comm. Hoffman. Page 7 City Commission Regular Meeting November 13, 1996 VOTE: ALL VOTED AYE 5. n. MOTION TO ADOPT Temp. _Reso. #7597 approving the purchase of a Toro Reelmaster 3500-D riding mower from Hector Turf Company at a cost of $26,179.22 utilizing General Services Administration Contract GS-07F-8722D. REMOVED on Page 3 for discussion. APPROVED RESOLUTION-R-96-258 After discussion, Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE: ALL VOTED AYE o. MOTION TO ADOPT Temp. Reso. #7599 authorizing the appropriate City officials to execute an agreement with Broward County for the joint funding of improvements to a portion of Hiatus Road between Commercial Boulevard and McNab Road a/k/a Project No. 5154. REMOVED on Page 4 for discussion. APPROVED RESOLUTION-R-96-259 After discussion, Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. VOTE. ALL VOTED AYE END OF CONSENT AGENDA QUASI-JUDICIAL HEARINGS 6. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7572 granting a special exception to allow the development of an Assisted Living Facility (ALF) for SERENITY GARDENS ASSISTED LIVING FACILITY (ALF) located on the southeast corner of University Drive and NW 61 Street. Petition #24-Z-96 (tabled on 10/23/96) APPROVE D-RESOLUTION-R-96-262 City Attorney Kraft read Temp. Reso. #7572 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. Angus Rogers, representing the owner and developer, waived his quasi-judicial rights. Page 8 City Commission Regular Meeting November 13, 1996 Jeffrey L. Miller, Director of Community Development, recommended approval. V/M Mishkin opened and closed the public hearing with no response. VOTE: ALL VOTED AYE 7, QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7596 granting a special exception to permit the sale and consumption of beer and wine at THREE LAKES PLAZA, 4611 NW 31 Avenue, requested by Marek Zatorski d/b/a Wings and More. Petition #26-Z-96 APPROVE D-RESOLUTION-R-96-263 City Attorney Kraft read Temp. Reso. #7596 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye. Marek Zatorski, owner of restaurant, waived his quasi-judicial rights. Mr. Miller recommended approval. V/M Mishkin opened and closed the public hearing with no response. VOTE: ALL VOTED AYE 8. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7595 denying an extended hours permit requested to permit the sale and consumption of alcoholic beverages until 4:00 a.m. at Kangaroo Downs, 6303 W. Commercial Boulevard, located in the HOTZ PLAZA on the north side of West Commercial Boulevard, east of NW 64 Avenue. APPROVE D-RESOLUTION-R-96-264 City Attorney Kraft read Temp. Reso. #7595 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. Peter Middleton, representing the petitioner, waived his quasi-judicial rights. Mr. Miller recommended approval to deny the request. V/M Mishkin opened the public hearing. 11 L� Ll Page 9 City Commission Regular Meeting November 13, 1996 Morris Sher, Vice President of Bermuda Club, voiced concerns regarding the health, safety and welfare of the surrounding residential area. V/M Mishkin closed the public hearing with no further response. LTL0i 114 I_1I MILT1610 :1 B7_\'14 9.QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7578 approving a waiver to the sign code to install directory signage to an existing ground sign at 7880 N. University Drive with a setback of 40 feet for Poole, Goldstein & Watson, CPA's; sign to be 5 feet 9 inches in height with 138 square feet in area and tenant names of 9 inches and 6 inches in height. APPROVE D-RESOLUTION-R-96-265 City Attorney Kraft read Temp. Reso. #7578 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. Irene Zalesky, representing the petitioner, waived her quasi-judicial rights. Dan Wood, Building Official, recommended approval. V/M Mishkin opened and closed the public hearing with no response. VOTE: ALL VOTED AYE 10. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7579 approving a waiver to the sign code to erect a wall sign with two colors and a U.S. registered logo for Compet Wireless at MIDWAY PLAZA located at 5715 N. University Drive. APPROVE D-RESOLUTION-R-96-266 City Attorney Kraft read Temp. Reso. #7579 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman, Roberta Morris, representing the petitioner, waived her quasi-judicial rights. Mr. Wood recommended approval. V/M Mishkin opened and closed the public hearing with no response. Page 10 City Commission Regular Meeting November 13, 1996 VOTE: ALL VOTED AYE 11. QUASI-JUDICIAL MOTION TO ADOPT Temp. Reso. #7584 approving a waiver to the sign code for a change of copy to an existing monument sign with a total of four colors without a U.S. registration for C&H Grille located at 3915 W. Commercial Boulevard. APPROVED-RESOLUTION-R-96-267 City Attorney Kraft read Temp. Reso. #7584 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. Gloria Pegram, representing the petitioner, and Ed Kirouac, owner, waived their quasi- judicial rights. Mr. Wood recommended approval. V/M Mishkin opened and closed the public hearing with no response. VOTE: ALL VOTED AYE END OF QUASI-JUDICIAL HEARINGS 12. MOTION TO ADOPT Temp. Ord. #1714 on first reading adding Article VII to Chapter 22 of the City Code to provide for the protection of the public potable water supplies and distribution system from contamination or pollution due to cross connection, backflow or backsiphonage of contaminants or pollutants through any service connection to the water supply or distribution system. APPROVED on first reading. Second reading and Public Hearing scheduled for the regular City Commission meeting, Wednesday, November 27, 1996, at or after 10.00 A.M. City Attorney Kraft read Temp. Ord. #1714 by Title. Vernon Hargray, Utilities Director, recommended approval. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Hoffman. VOTE: ALL VOTED AYE REPORTS Page 11 City Commission Regular Meeting November 13, 1996 13. City Commission Comm. Schreiber - No Report. Comm. Hoffman - No Report. Comm. McKaye congratulated the Vice Mayor on the manner in which the meeting was conducted. V/M Mishkin commended the audience and Commissioners on the manner in which the meeting was conducted. 14. City Attorney City Attorney Kraft - No Report. 15. City Manager City Manager Noe advised there would be a Workshop on Wednesday, November 20, 1996 at 9:00 A.M. and he suggested the City Commission regular meeting scheduled for Wednesday, December 25, 1996, be canceled. The Commission agreed. With no further discussion, Vice Mayor Mishkin Adjourned the meeting at 8.40 P.M. Larry Mishkin Vice Mayor Carol A. Evans, CMC City Clerk CITY OF TAMAR,AC 7APPTREAT ME TING OF 11125r