HomeMy WebLinkAbout1999-11-24 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, NOVEMBER 24, 1999
CALL TO ORDER: Mayor Schreiber called the meeting to order on Wednesday,
November 24, 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. Partner, Commissioner Roberts, and Commissioner Marc L. Sultanof
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. PUBLIC PARTICIPATION: Diane Miller, 5812 NW 83 Avenue, Tamarac
spoke about reducing garbage pickups.
RFPARTS
2. City Commission: Commissioner Sultanof said he is proud to announce
that Tamarac is one of five cities in Broward County participating in the Senior
Games for 2000. Commissioner Sultanof and Parks and Recreation Director
Margoles are on the steering committee, and Jane Coco, Adult Services
Coordinator is an alternate. Commissioner Sultanof said 4,000 — 7,000 people
participate in the games, which will be held January 21 — February 4, 2000.
Commissioner Sultanof said he is also on the Broward Millennium Council, and
there will be a vault (time capsule) containing artifacts from each city in Broward
County. There will be 15 representatives for the January 24, 2000 event.
Commissioner Sultanof said he would like to see Tamarac adopt a proclamation
and contribute $200.00 for the cost of the event.
Vice Mayor Mishkin wished everyone a happy holiday.
Commissioner Portner wished everyone a happy holiday.
Commissioner Roberts thanked the Mayor and Commissioners and City of
Tamarac for participating in Tamarac Elementary School's Blue Ribbon event at
Sunrise Musical Theater. Commissioner Roberts wished everyone a happy
holiday, and reminded everyone of the Turkey Trot on Thanksgiving morning.
Mayor Schreiber wished everyone a happy holiday. Mayor Schreiber said he
read an interesting article in the South Florida Business Journal regarding the
Pritzka property, located on Commercial Boulevard and Nob Hill Road. Between
$400 and $500 million worth of construction is anticipated at that location, which
speaks well for Tamarac. This will provide necessary tax revenue for services.
3. City Attorney: City Attorney Kraft had no report.
4. City Manager: City Manager Miller reported that the Tamarac Fire
Department sponsored a safety day in Mainlands 6, and 144 new smoke
detectors were distributed. There was also a CPR class. The Tamarac Firs
Department will be distributing food collected by City staff, to needy families.
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Additionally, the Fire Department will be collecting new, unwrapped toys to
distribute to children for the holiday season. Anyone who wishes to participate
may contact Bonnie Bishop in the Fire Department. The MIS department
replaced two 12-year old radio repeaters and antennas. Parks and Recreation
will hold the annual 5K Turkey Trot on Thanksgiving morning. The Turkey Trot
will begin at City Hall and continue through the Woodmont area. Advance
registration is $15.00, and registration the morning of the race is $20.00. T-shirts
will be given to the first 500 registrants. All Tamarac residents are invited to the
Holiday Lighting ceremony on December 2, 1999, at 6:00 P.M. in City Hall.
CONSENT AGENDA
5. Commissioner Roberts seconded by Commissioner Portner moved
approval of all items on the consent agenda. On roll call, Commissioner Portner
voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the November 10, 1999 Commission meeting.
APPROVED
b. AMENDMENT TO THE NORTH SECTION 7 ASSESSMENT
RESOLUTION: (TR8837) Amending the initial Assessment Resolution,
Final Assessment Resolution and Assessment Roll.
RESOLUTION NO. R99-312
C. LIFE PACK 12 CARDIAC DEFIBULATOR: (TR8808) Approving an
agreement with Medtronic Physio-Control, Inc., a sole source, for
purchase of one Life Pack 12 Cardiac Defibrillator, $16,917.98; four Fast
Pak Batteries with fuel gauge, $714.40, one point of sale service
agreement, $864.00; Total $18,406.38.
RESOLUTION NO. R99-313
d. GRANT APPLICATION FOR RECYCLING: (TR8802) Accepting grant funds
in the amount of $10,573.00 from the Broward County Office of Integrated
Waste Management; authorizing the execution of an agreement for the
Twelfth Year Recycling Grant Program.
RESOLUTION NO. R99-314
e. FEDERATION OF PUBLIC EMPLOYEES AGREEMENT: (TR8838)
Authorizing the execution of an agreement with the Federation of Public
Employees, A Division of the National Federation of Public and Private
Employees Affiliated with District 1-MEBA (AFL-CIO) for the period from
October 1, 1999 through September 30, 2002.
RESOLUTION NO. R99-315
f. RECREATION VAN: (TR8818) Approving the purchase of a Chevrolet
Venture Mini Van from Ed Morse Chevrolet, at a cost not to exceed
$22,028.50, utilizing the Florida Sheriffs Association & Florida Association of
Counties Bid #99-07-0913; approving funding from the appropriate Parks and
Recreation account.
RESOLUTION NO. R99-316
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g. STREET SWEEPER PURCHASE: (TR8797) Authorizing the purchase of
a Street Sweeper from Florida Municipal Equipment Utilizing a City of
Cape Coral Bid#PW031699-31; authorizing an expenditure of funds in an
amount not to exceed $151,956.00.
RESOLUTION NO. R99-317
h. LEASE PURCHASE AGREEMENT FOR STREET SWEEPER: (TR8821)
Approving the execution and delivery of a Master Lease -Purchase
Agreement with Suntrust Bank, South Florida, National Association;
approving the execution and delivery of certain lease documents in
connection with a proposed lease of a street sweeper machine under the
Master Lease -Purchase Agreement; authorizing further actions to carry
out the purposes of this resolution; designating the City's lease obligation
for the equipment as a qualified tax-exempt obligation under 265(b)(3) of
the Internal Revenue Code; providing for succession by officers; providing
for no third party beneficiaries; providing for the limited nature of the
equipment lease obligation; providing for the repeal of conflicting
resolutions.
RESOLUTION NO. R99-318
i. CULTURAL AFFAIRS GRANT APPLICATION: (TR8819) Approving the
Parks and Recreation Department's grant application to the Broward County
Cultural Affairs Council for a Cultural Arts and Education Grant in the amount
of $10,000.00 with a City match of $10,000.00 to provide a series of classes
and a major community event presentation/exhibition provided through a
partnership with the White Willis Theatre, Inc. in FY 2001 at City of Tamarac
Recreation Facilities.
RESOLUTION NO. R99-319
END OF CONSENT AGENDA
ORDINANCES — FIRST READINGS
6. PURCHASING BID LIMITS: (TO1870) Motion to adopt Ordinance on first
reading amending Tamarac Code, Chapter 6 "Finance and Taxation," Article V
"Purchasing Procedures," Section 6-149(a), "Purchasing Procedures," providing
that all contractual services as defined in Section 6-141, "Definitions" in excess
of thirty thousand dollars be awarded through the use of competitive sealed bids
and proposals.
City Attorney Kraft read Temporary Ordinance #1870, Revision #2, on first
reading by title. Commissioner Roberts seconded by Commissioner Sultanof
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.
APPROVED ON FIRST READING
7. DISTANCE OF FIRE HYDRANTS FROM BUILDINGS: (TO1871) Motion
to adopt Ordinance on first reading amending Chapter 10 of the Tamarac Code
entitled "Land Development Regulations", Section 10-128 "Fire Protection", by
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changing the distance requirements between nonresidential buildings and fire
hydrants.
City Attorney Kraft read Temporary Ordinance #1871, Revision #1 on first
reading by title. Commissioner Sultanof seconded by Commissioner Roberts
moved approval. On roll call, Commissioner Sultanof voted "yes", Commissioner
Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and
Mayor Schreiber `yes". Motion carried.
APPROVED ON FIRST READING
8. BUILDING INSPECTION REQUIREMENTS: (TO1872) Motion to adopt
Ordinance on first reading temporarily amending Chapter 5, Buildings and
Building Regulations, Article VII, Swimming Pools, Section 5-150 Pumped Water
Sediment Removal Subsection (b) and Chapter 10, Land Development
Regulations, Article V, Improvements, Section 10-156, Public Improvement
Bonds and Section 10-318, Surety Required for Improvements and Chapter 20,
Streets and Sidewalks, Article II, Streets, Division 2, Excavations, Cutting Curbs,
etc., Section 20-47, Performance Bonds, authorizing the City Manager or
designee to grant a waiver of inspection requirements and approve refunding of
performance bonds or pool bonds currently held by the City which were posted
with the City between October 31, 1971 and December 31, 1996; providing for
identification requirements of refund recipients.
City Attorney Kraft read Temporary Ordinance #1872, Revision #1, on first
reading by title. Commissioner Roberts seconded by Commissioner Sultanof
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.
APPROVED ON FIRST READING
9. PENSIONS AND RETIREMENT: (TO1873) Motion to adopt Ordinance on
first reading amending Chapter 16, Pensions and Retirement, Article II
Declaration of Trust and Article III Pension Plan; providing for the deletion of all
references to State Premium Tax Contributions, Chapters 175 and 185 of the
Florida Statutes, and Firefighters or Police Officers; providing for the deletion of
gender specific language, providing for the restructuring of the Board of Trustees
and establishing a quorum of the board; providing for the referencing of the
Uniform Services Employment and Reemployment Rights Act (USERRA)
concerning the crediting of Military Service; providing for the use of an updated
Group Annuity Mortality Table; providing for the creation of a separate Pension
Plan for Firefighters in compliance with Chapter 175, Florida Statutes; providing
for the creation of a separate Pension Plan for Police Officers in compliance with
Chapter 185, Florida Statutes; providing for a savings clause.
City Attorney Kraft read Temporary Ordinance #1873 on first reading by title.
Commissioner Sultanof seconded by Commissioner Roberts moved approval.
Commissioner Roberts said law requires separating the Pension Board, and
reminded Tamarac residents that the deadline to submit applications to volunteer
on the Pension Boards is the end of November. On roll call Commissioner
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Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
Since it was not yet 9:30 A.M., the Commission moved out of the regular order of
business on the agenda and took up Quasi -Judicial Hearings.
QUASI-JUDICIAL HEARINGS
18. SPECIAL EXCEPTION - SMOOTHIE JUNGLE INC.: (TR8822) Motion to
adopt Resolution granting a Special Exception to allow the operation of a
restaurant in a B-2 (Community Business District) zoning category to Smoothie
Jungle, Inc., located at 3208 West Commercial Boulevard in the Three Lakes
Plaza Shopping Center; specifically Parcel "B" of the "Sartori Plat", according to
the Plat thereof as recorded in Plat Book 113, Page 43 of the Public Records of
Broward County, Florida; Case No. 10-Z-99.
City Attorney Kraft read Temporary Resolution #8822 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved approval. Luisa Facial,
Owner, waived her quasi-judicial rights. Interim Community Development
Director King gave a presentation. 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 Roberts
"yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R99-320
19. DELEGATION REQUEST FOR DECELERATION LANE: (TR8823)
Motion to adopt Resolution approving a Delegation Request to reduce the fifty
foot (50') non -vehicular access (NVA) line for the proposed construction of a
northbound deceleration lane on University Drive north of McNab Road;
specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat
thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward
County, Florida; and located on the east side of University Drive, north of
Brookwood Boulevard; Case No. 6-P-99.
City Attorney Kraft read Temporary Resolution #8823 by title. Commissioner
Portner seconded by Commissioner Sultanof moved approval. James Waldman
appeared on behalf of the applicant and waived his quasi-judicial rights. Interim
Community Development Director King 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 Roberts
"yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor
Schreiber "yes". Motion carried.
RESOLUTION NO. R99-321
END OF QUASI-JUDICIAL HEARINGS
Mayor Schreiber called for a recess at 9:25 A.M. The meeting reconvened at
9:30 A.M. with all present.
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ORDINANCES SECOND READINGS - PUBLIC HEARINGS 9:30 A.M.
City Attorney Kraft explained that the following proposed amendments to the
Tamarac Charter would not be implemented until they are voted on at the March
14, 2000 election.
10. BOARDS AND ADVISORY GROUPS: (TO1854) Motion to adopt
Ordinance on second reading amending Article IV, Section 4.08, of the
Tamarac Charter entitled "Boards and Advisory Groups" by changing the
procedure for creating certain boards, authorities and agencies from creation by
Ordinance to creation by Resolution; providing that if the amendment is
approved by a majority of the voters at the March 14, 2000 election, then such
amendment shall become a part of the City Charter upon certification and
acceptance of the election results.
City Attorney Kraft read Temporary Ordinance #1854, Revision #2 on second
reading by title. Commissioner Sultanof seconded by Commissioner Roberts
moved approval. Assistant City Attorney Steinerts explained the Ordinance.
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 Roberts "yes", Commissioner
Portner "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 099-21
11. REDISTRICTING COMMITTEE: (TO1855) Motion to adopt Ordinance on
second reading amending Article VI, Qualifications and Elections, Section 6.03,
entitled "Redistricting" to provide for Redistricting Committee to be appointed by
District by the Commissioner representing said District, with an at -large member
to be appointed by the Mayor; providing that if the amendment is approved by a
majority of the voters at the March 14, 2000 election, then such amendment shall
become a part of the City Charter upon certification and acceptance of the
election results.
City Attorney Kraft read Temporary Ordinance #1855, Revision #1 on second
reading by title. Commissioner Roberts seconded by Commissioner Sultanof
moved approval. Assistant City Attorney Steinerts explained the Ordinance.
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 Roberts "yes", Commissioner Partner "yes", Vice Mayor Mishkin
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 099-22
12. ELECTIONS OF CHARTER BOARD MEMBERS: (TO1856) Motion to
adopt Ordinance on second reading amending Article VI, Qualifications and
Elections, Section 6.04, entitled "Elections" of the City Charter, to provide that
Charter Board Members shall be elected by district, with the at -large member
elected city wide; providing that if the amendment is approved by a majority of
voters at the March 14, 2000 election, then such amendment shall become a
part of the City Charter upon certification and acceptance of the election results.
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City Attorney Kraft read Temporary Ordinance #1856, Revision #1 on second
reading by title. Commissioner Portner seconded by Commissioner Roberts
moved approval. Assistant City Attorney Steinerts explained the Ordinance.
Mayor Schreiber opened the public hearing and with no one wishing to speak,
closed the public hearing. On roll call Commissioner Roberts voted "yes",
Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO.099-23
13. CAPITAL PROGRAM: (TO1857) Motion to adopt Ordinance on second
reading amending Article VII of the Tamarac Charter by removing Section 7.04,
entitled "Capital Program"; providing that if the amendment is approved by a
majority of the voters at the March 14, 2000 election, then such amendment shall
become a part of the City Charter upon certification and acceptance of the
election results.
City Attorney Kraft read Temporary Ordinance #1857, Revision #1 on second
reading by title. Commissioner Sultanof seconded by Commissioner Portner
moved approval. Assistant City Attorney Steinerts explained the Ordinance.
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", Commissioner Roberts "yes",
and Mayor Schreiber "yes". Motion carried.
ORDIANCE NO.099-24
14. DEPOSIT AND INVESTMENT OF CITY FUNDS: (T01858) Motion to
adopt Ordinance on second reading amending Article VII, Section 7.08, of the
Tamarac Charter entitled "Deposit and Investment of City Funds" by eliminating
the requirement of a yearly designation of a City Depository; providing that if the
amendment is approved by a majority of the voters at the March 14, 2000
election, then such amendment shall become a part of the City Charter upon
certification and acceptance of the election results.
City Attorney Kraft read Temporary Ordinance #1858, Revision #1 on second
reading by title. Vice Mayor Mishkin seconded by Commissioner Sultanof moved
approval. Assistant City Manager/Interim Finance Director Hemstreet explained
the Ordinance. 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 Roberts "yes",
Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-99-25
15. REQUIREMENTS FOR PUBLIC BIDDING: (TO 1859) Motion to adopt
Ordinance on second reading amending Article VII, Section 7.11, of the
Tamarac Charter entitled "Requirements for Public Bidding" by raising the
amount required for competitive bidding from Ten Thousand Dollars to Twenty -
Five Thousand Dollars; providing that if the amendment is approved by a
majority of the voters at the March 14, 2000 election, then such amendment shall
become a part of the City Charter upon certification and acceptance of the
election results.
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City Attorney Kraft read Temporary Ordinance #1859, Revision #1 on second
reading by title. Commissioner Portner seconded by Commissioner Roberts
moved approval. Assistant City Manager/Interim Finance Director Hemstreet
explained the Ordinance. Mayor Schreiber opened the public hearing. Lou
Silverman, Section 16, Tamarac, asked why this Ordinance raises the amount
required for competitive bidding to $25,000.00 and not $30,000.00, and Assistant
City Manager/Interim Finance Director Hemstreet responded. With no one else
wishing to speak, Mayor Schreiber closed the public hearing. On roll call
Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner
Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion
carried.
ORDINANCE NO. 099-26
16. CHANGE TERMS OF CHARTER BOARD MEMBERS FROM 1 TO 2:
(TO1860) Motion to adopt Ordinance on second reading amending Article VIII,
Charter Board, Section 8.01, entitled "Terms and Qualifications" of the City
Charter, increasing the number of terms that Charter Board Members may
succeed themselves from one (1) to two (2); providing that if the amendment is
approved by a majority of the voters at the March 14, 2000 election, then such
amendment shall become a part of the City Charter upon certification and
acceptance of the election results.
City Attorney Kraft read Temporary Ordinance #1860, Revision #1, on second
reading by title. Commissioner Roberts seconded by Commissioner Portner
moved approval. Assistant City Attorney Steinerts explained the Ordinance.
Mayor Schreiber opened the public hearing, and with no one wishing to speak,
closed the public hearing. On roll call Commissioner Roberts voted "yes",
Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof
"yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 099-27
17. TERMS OF CHARTER BOARD MEMBERS COINCIDE WITH
COMMISSIONERS: (TO1861) Motion to adopt Ordinance on second reading
amending Article VIII, Charter Board, Section 8.01, entitled "Terms and
Qualifications" of the City Charter, to provide that Charter Board terms of office
shall be changed from two years to three years, and that election of Charter
Board members shall coincide with election of Commissioners from same
districts, with election of at large member to coincide with districts 2 and 4;
providing that if the amendment is approved by a majority of the voters at the
March 14, 2000 election, then such amendment shall become a part of the City
Charter upon certification and acceptance of the election results.
City Attorney Kraft read Temporary Ordinance #1861, Revision #1, on second
reading by title. Commissioner Sultanof seconded by Commissioner Portner
moved approval. Assistant City Attorney Steinerts explained the Ordinance.
Vice Mayor Mishkin asked if there was going to be one year without election for
the Charter Board because of staggered terms, and City Attorney Kraft
responded. Mayor Schreiber opened the public hearing and with no one wishing
to speak, closed the public hearing. On roll call Commissioner Portner voted
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"yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", Commissioner
Roberts "yes", and Mayor Schreiber"yes". Motion carried.
ORDINANCE NO. 099-28
END OF PUBLIC HEARINGS
There being no further business, Mayor Schreiber adjourned the meeting at 9:50
A.M.
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