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HomeMy WebLinkAbout1999-12-08 - City Commission Regular Meeting MinutesItem #6a CITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, DECEMBER 08, 1999 CALL TO ORDER: Mayor Schreiber called the meeting to order on Wednesday, December 8, 1999, at 7:00 P.M., in the Commission Chambers of Tamarac City Hall, 7525 Northwest 88" Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner Edward C. Portner, Commissioner Karen L. 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. PRESENTATION by Mayor Schreiber of a proclamation honoring the Junior Orange Bowl Court. Jessica Lomelin and Sanchia Jackson accepted. 1(a). PRESENTATION by Mayor Schreiber of trophies to the Veterans Day Parade winners. The Commissioners' Cup will. be sent to Israel Charles; the Vice -Mayor's Cup was presented to the Tamarac Chamber of Commerce, and Ellen Aquilina and Lerryn Latimer accepted. PUBLIC PARTICIPATION 2. Marvin Seidel, 9645 N Belfort, Tamarac, wished everyone a Happy Holiday and a Healthy New Year, and thanked Commissioner Portner for trying to get a postal sub station on the west side of Tamarac. Mr. Seidel spoke about people driving cars while talking on cell phones and an increase in salary for the Mayor and Commissioners. PFPnPTS 3. City Commission: Commissioner Roberts presented the Mayor's Cup to the Tamarac Bulldogs, and Andrew Cohen accepted. Andrew Cohen then presented a medal won by the Tamarac Bulldogs to Commissioner Roberts. Commissioner Roberts wished everyone a Happy Holiday and congratulated the Junior Orange Bowl Queen and Princess. Commissioner Roberts said next Tuesday the School Board would approve buying land for new schools. Commissioner Portner wished everyone a Happy Hanukkah, Merry Christmas, and a Healthy and Happy New Year, Commissioner Portner thanked Tamarac Elementary School for providing an excellent program of singing and signing. Vice Mayor Mishkin congratulated the Junior Orange Bowl participants and wished everyone a Happy Holiday. Vice Mayor Mishkin added that the millennium tie he is wearing was a gift from his grandchildren, and he will be happy to donate it to the time capsule. Vice Mayor Mishkin reported on items discussed at the Broward League of Cities Board meeting; the Penny Gas Tax, the Wheelabrator contract; and the new Homestead Exemption legislation. (A copy of Vice Mayor Mishkin's report is attached and made a part of the minutes.) 12/08/99 1 Rev. #1 Dec. 17, 1999 Item #6a Commissioner Sultanof wished everyone a Happy Holiday, and said he is delighted that Tamarac is going into the millennium very confidently, and he feels the Y2K scare is not that bad. Commissioner Sultanof thanked everyone for their past confidence in this Commission. Mayor Schreiber said he is happy to see more people at the meeting, and it is a great way to end the year. Mayor Schreiber said Tamarac is alive and well and very healthy, and wished everyone a Happy Holiday and New Year. 4. City Attorney: City Attorney Kraft agreed that the City is doing well, and had no further report. 5. City Manager: City Manager Miller said the City is doing great, and had no further report. CONSENT AGENDA 6. Commissioner Portner seconded by Commissioner Roberts moved approval of all items on the consent agenda. On roll call, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. a. APPROVE the minutes of the November 24, 1999 Commission meeting. APPROVED b. BILL OF SALE ABSOLUTE: (TR8810) Accepting a Bill of Sale Absolute from Evangelical Covenant Church for the Water Distribution System Improvements installed for the Evangelical Covenant Church Project, located on the south side of NW 77th Street between Nob Hill Road and NW 96th Avenue, for City ownership. RESOLUTION NO. R99-322 C. PERFORMANCE BOND RELEASE: (TR8811) Releasing a Public Improvement Performance Bond in the form of a Surety Bond #27-655 from Ohio Casualty Insurance Company in the amount of $20,325.00 subject to the receipt of a one-year Warranty Bond in the amount of $4,781.25 for the Water Distribution System Improvements installed by Evangelical Covenant Church for the Evangelical Covenant Church Project, located on the south side of NW 771h Street between Nob Hill Road and NW 96th Avenue. RESOLUTION NO. R99-323 d. PERFORMANCE BOND REFUND: (TR8776) Refunding performance bonds paid to the City by Hess/Fina Oil in the amount of $1,500.00 and by Woodlands Country Club in the amount of $2,830.00. RESOLUTION NO. R99-324 e. WATER AND SEWER DEVELOPER'S AGREEMENT: (TR8824) Accepting and executing a Water and Sewer Developer's Agreement with Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project located on the northeast corner of Commercial Boulevard and NW 82"d Avenue, for one non- residential water and sewer building connection, one irrigation connection and one dumpster connection requiring 24 ERC's for water and 17 ERC's for sewer; requiring the payment of $64,200.00 in CIAC fees. RESOLUTION NO. R99-326 12/08/99 2 Rev. #1 Dec. 17, 1999 E Item #6a f. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT: (TR8825) Accepting and executing a Blanket Public Safety Ingress/Egress Easement with Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project, located on the northeast corner of Commercial Boulevard and NW 82"d Avenue, 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. R99-326 g. WATER AND SEWER UTILITY EASEMENT: (TR8826) Accepting and executing a "Tamarac Water and Sewer Utility Easement" with Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project, located on the northeast corner of Commercial Boulevard and NW 82"d Avenue, to allow legal access by City utility personnel for installing, maintaining, and operating the water distribution and sewage collection systems. RESOLUTION NO. R99-327 h. PUBLIC UTILITY EASEMENT: (TR8827) Executing a Public Utility Easement with Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project, located on the northeast corner of Commercial Boulevard and NW 82"d Street. RESOLUTION NO. R99-328 i. UTILITY EASEMENT ENCROACHMENT/HOLD HARMLESS: (TR8828) Accepting and executing a Utility Easement Encroachment and Hold Harmless Agreement with Intown Suites Commercial Boulevard, Inc., for the curbing constructed in a utility easement for the Intown Suites Project located on the northeast corner of Commercial Boulevard and NW 82nd Avenue. RESOLUTION NO. R99-329 j. EMPLOYEE PERSONAL COMPUTER PURCHASE PLAN: (TR8788) Authorizing the implementation of the employee computer purchase plan for the City of Tamarac employees. RESOLUTION NO. R99-330 k. RESCUE VEHICLE: (TR8829) Authorizing the purchase of one rescue vehicle from Aero Products Corporation utilizing the City of Jacksonville Bid, SC-0384-98; authorizing an expenditure of funds at a total cost not to exceed $140,000.00 through a lease purchase plan. RESOLUTION NO. R99-331 I. ENGINEERING SERVICES - HAZEN AND SAWYER: (TR8840) Executing Addendum No. 00-01 to the Contract with Hazen and Sawyer to provide engineering services for the design, permitting and bidding of Phase I of the Tamarac East Utilities upgrades in an amount not to exceed $109,800.00 in accordance with the City's Consulting Engineering Agreement as authorized by Resolution R-96-163 and approve funding from the appropriate utilities operational accounts. RESOLUTION NO. R99-332 12/08/99 3 Rev. #1 Dec. 17, 1999 Item #6a M. FINANCIAL ADVISOR SERVICES: (TR8834) Authorizing the appropriate City Officials to execute an Addendum to the existing Agreement between the City of Tamarac and Public Financial Management, Inc., exercising the option to extend financial advisor services for an additional two years. RESOLUTION NO. R99-333 n. AMENDMENT TO AGREEMENT FOR THE SENIOR & COMMUNITY CENTER (TR 8836) Authorizing the appropriate City Officials to execute an amendment to the Agreement between the City of Tamarac and Facilities Development (FD), Department of Management Services, State of Florida, for the provision of certain project management services for the Senior & Community Center Project, increasing the total FY00 project budget to $4,386,920.00; amending the general improvements fund of estimated revenues and expenditures in the amount of 451,353.00. RESOLUTION NO. R99-334 o. 44T" STREET WATER MAIN: (TR8712) Authorizing the appropriate City Officials to enter into an Agreement with Broward County for funding of the Utility Improvements along NW 44" Street in the City of Lauderhill. RESOLUTION NO. R99-335 END OF CONSENT AGENDA REGULAR AGENDA Commissioner Roberts seconded by Commissioner Sultanof moved to add Item #7(a), Temporary Ordinance 1879 to the regular agenda, and Item #13, Temporary Ordinance 1874, Revision #2, to the regular agenda. On roll call, Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCES — FIRST READINGS 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 #2, on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Assistant City Manager/Interim Finance Director Hemstreet and Ila Feld, Telecommunications Counsel, gave presentations City Attorney Kraft explained that a "yes" vote for this Ordinance is to deny. Mayor Schreiber said he received a phone call from Gary Resnick, who is in Washington, and Mr. Resnick said if he knew the Ordinance was to deny the transfer he would have been at the meeting. 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 12/08/99 4 Rev. #1 Dec. 17, 1999 Item #6a 7(a) FOURTH EXTENSION OF 2 WEEKS OF CABLE TELEVISION FRANCHISE: (TO1879) Motion to adopt Ordinance on first reading, authorizing the appropriate City Officials to execute a fourth extension of two (2) weeks 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 1879 on first reading by title. Vice Mayor Mishkin seconded by Commissioner Sultanof moved approval. Commissioner Roberts questioned whether MediaOne paid the permit fees, and Assistant City Manager/Interim Finance Director Hemstreet responded. 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 ORDINANCES — SECOND READINGS - PUBLIC HEARINGS 7:30 P.M. 8. PURCHASING BID LIMITS: (TO1870) Motion to adopt Ordinance on second 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, Rev. #2, on second reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. 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. 099-29 9. DISTANCE OF FIRE HYDRANTS FROM BUILDINGS: (TO1871) Motion to adopt Ordinance on second reading amending Chapter 10 of the Tamarac Code entitled "Land Development Regulations", Section 10-128 "Fire Protection", by changing the distance requirements between nonresidential buildings and fire hydrants. City Attorney Kraft read Temporary Ordinance 1871, Rev. #1, on second reading by title. Commissioner Roberts seconded by Commissioner Sultanof 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", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 099-30 10. BUILDING INSPECTION REQUIREMENTS: (TO1872) Motion to adopt Ordinance on second reading temporarily amending Chapter 5, Buildings and 12/08/99 5 Rev. #1 Dec. 17, 1999 Item #6a 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, Rev. #2, on second reading by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing. Marvin Seidel, 9645 Belfort, Tamarac, asked for an explanation of the Ordinance, 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, Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. ORDINANCE NO. 099-31 11. PENSIONS AND RETIREMENT: (TO1873) Motion to adopt Ordinance on second 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 second reading by title. Commissioner Roberts 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 Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "Os", and Mayor r Schreiber "yes Motion carried. ORDINANCE NO. 099-32 END OF PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS 12/08/99 6 Rev. #1 Dec. 17, 1999 Item #6a IL 1 12. SPECIAL EXCEPTION: (TR8830) Motion to approve Resolution granting a Special Exception to allow the operation of a bakery in a B-2 (Community Business District) zoning category to Milano's Bakery. City Attorney Kraft read Temporary Resolution 8830 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Mr. Milano 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 Roberts voted "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber'yes". Motion carried. RESOLUTION NO. R99-336 END OF QUASI-JUDICIAL HEARINGS 13. COMPENSATION AND EXPENSES OF MAYOR AND COMMISSION: (TO1874) Motion to adopt Ordinance on first reading, amending Article IV, Section 4.04 of the City Charter entitled "Compensation and Expenses of the Mayor and Commission" to remove fixed amounts for Mayor and Commissioner expenses from the Tamarac Charter to provide that expenses shall be set through annual budget process; 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 1874, Revision #2, on first reading by title. Commissioner Sultanof seconded by Commissioner Partner 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 There being no further business to come before the Commission, Mayor Schreiber adjourned the meeting at 7.40 P.M. CAROL GOL MC/AAE CITY CLERK W.ObALUS.. 4 0 APPR0VEO AT MEETING OF 12/08/99 7 Rev. #1 Dec. 17, 1999