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.)
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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
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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
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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
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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
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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
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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
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