Loading...
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. 11 /24/99 1 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 11 /24/99 2 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 11 /24/99 3 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 11 /24/99 4 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. 11 /24/99 5 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. 11 /24/99 6 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. 11 /24/99 7 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 11 /24/99 8 "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. 7 E SCHREIBER, MAYOR Llte� CAROL G , CMC/AAE CITY OF TALC CITY CLERK APPR0VED AT MEETING Of p � I? 11 /24/99 9