HomeMy WebLinkAbout1998-12-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY, DECEMBER 9, 1998
CALL TO ORDER: Mayor Schreiber called the regular meeting to order on
Wednesday, December 9, 1998, at 7:00 P.M. in the Commission Chambers of
Tamarac City Hall, 7525 Northwest 88t" Avenue, Tamarac, FL
PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner
John E. McKaye, Commissioner Karen L. Roberts and Commissioner Marc L.
Sultanof
ALSO PRESENT: Tim Hemstreet, Assistant City Manager, Mitchell S. Kraft, City
Attorney and Marion Swenson, Assistant City Clerk
1. RECOGNITION of the members of Cub Scout Pack #285 and their leader.
Mayor Schreiber recognized the 22 members of Cub Scout Pack #285 and Ed
Horowitz, Scout Leader. Mr. Horowitz presented Mayor Schreiber with a
certificate and a patch and made him an honorary member of Cub Scout Pack
#285.
2. PRESENTATION by Mayor Schreiber to 1998 Veterans Day Parade Winners
of:
(a) Mayor's Cup: Parkland Public Safety Explorer Post #222-Steve List
(b) Vice Mayor's Cup: Displays by Tommy D.-Thomas DiStafano
(c) Commissioner's Cup: Taravella High School Band -Neil Jenkins, Band
Director. Accepting on behalf of Mr. Jenkins were Kristin Alger and Meredith
Cole
3. PRESENTATION by Mayor Schreiber of a proclamation acknowledging
Megan Russo as the 1998 Junior Orange Bowl Queen.
PUBLIC PARTICIPATION
4. Marvin Seidel, 9645 N Belfort, Tamarac, FL, spoke in favor of a larger library
for the City of Tamarac. Mayor Schreiber responded.
REPORTS
5. City Commission: Commissioner Roberts welcomed everybody and said it
was nice to see so many people at the meeting. She reported that Winterfest will
be held at Tamarac Elementary School on December 15, 1998, from 5:30 p.m. —
8:30 p.m., and there will be a lighting ceremony at City Hall on December 10,
1998, at 6:00 p.m. Commissioner Roberts wished everyone a happy and healthy
holiday.
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Commissioner McKaye said while going through his mother's papers he found
bound newspapers (Tamarac Topics) from 1966-1978, and will bring these to
City Hall in January to be placed in the City Archives. He wished everyone a
good holiday.
Vice Mayor Mishkin said he is happy to see the cub scouts at this meeting. Vice
Mayor Mishkin reported that Walter Falk, former Mayor of Tamarac, was having
coronary problems, and Mrs. Falk is also ill. Both are home recovering and cards
would be welcome. Vice Mayor Mishkin said he learned from a newspaper
article that Collier County had legal problems in the area of "yield burning", or
overcharging a bond issuer for escrow securities that are used in advanced
refunding deals. The City of Tamarac participated in an advance refunding of
water and sewer bonds a few years ago, and after conferring with Finance
Director McGarrity, Vice Mayor Mishkin is happy to report that Tamarac has not
been a victim of this practice. Vice Mayor Mishkin said he received a letter from
Edith Lederberg, Executive Director for the Area Agency on Aging of Broward
County, thanking the City of Tamarac for its participation in the Medicare Plus
Choice Workshop held in Tamarac City Hall on Thursday, December 3, 1998.
He said the turnout was small, but there will be another program on January 6,
1999, and he would like everyone to spread the word for a better turnout this
time. The impact of the Medicare Plus Choice Program goes into effect on
January 1, and anyone who has concerns can call SHINE or the Area Agency on
Aging. Vice Mayor Mishkin wished everyone a happy and healthy Chanukah and
a Merry Christmas.
Commissioner Sultanof wished everyone a happy holiday, and thanked
Commissioner McKaye for finding the old newspapers. Commissioner Sultanof
said he was given a copy of the Ft. Lauderdale Sentinel dated November 15,
1918, which he turned over to the Veterans Affairs Committee to be placed in the
City archives. The headline was "War Treaty Being Signed". Commissioner
Sultanof expressed his condolences to the Noe family and City Manager Noe on
the loss of his mother. Commissioner Sultanof said at the last commission
meeting he made a plea for people come to the commission meetings, and he
was glad to see so many here tonight and at the last workshop. Commissioner
Sultanof reported he was named to the Library Advisory Board of Broward
County, and is happy to be able to pursue a new library for Tamarac with the
help of the County Commission. The old library has been refurbished with a new
roof, rugs, and paint, but Tamarac needs to go to the County Commission for
bonds to build more libraries, since Tamarac has the second largest reading
public in Broward County. Commissioner Sultanof said Medicare is a very fiery
issue in the United States. On January 6, 1999, there will be a discussion on long
term care, both in -home and ALF's, and he requested that the Presidents'
Council alert their communities to this meeting to attend. Commissioner Sultanof
wished everyone well, and thanked everyone for coming.
Mayor Schreiber expressed condolences to the family of City Manager Noe and
wished everyone a healthy and happy holiday and a safe New Year. He said he
has been selected as a voting delegate from Tamarac to the National League of
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Cities and he attended the convention in Kansas City, Missouri, where Bill
Bradley and Al Gore spoke. The new president of the National League of Cities
is Clarence Anthony of South Bay, Florida. Mayor Schreiber said Coral Springs
passed a resolution regarding HB 3075, which affects the pension systems of
municipalities. The bill passed unanimously, but the governor vetoed it because
of the drastic affect it would have on the cost to cities. He asked the Commission
to consider passing a resolution requesting State Representatives not to override
the governor's veto. Mayor Schreiber said the City of Tamarac provided the U.S.
Conference of Mayors, a nationwide organization, with best practice information
regarding how the City promotes traffic safety and increased transit riders.
Mayor Schreiber said he received a request about naming a street after
philanthropist, Daniel Lee Cantor, which he will bring up at a future workshop
meeting. He also received a memorandum from Assistant City Manager
Hemstreet regarding training BSO deputies to recognize code enforcement
violations, especially in the evenings when Code Enforcement officers are off
duty.
6. City Attorney: City Attorney Kraft expressed his condolences to City
Manager Noe and family on the loss of Mr. Noe's mother, and welcomed
Assistant City Manager Hemstreet.
7. City Manager: Assistant City Manager Hemstreet said the Building
Department will move out of City Hall on January 8, 1999 and be open for
business on January 11, 1999. The new facility is next to the Publix on Pine
Island Road and NW 81 Street. Assistant City Manager Hemstreet said there will
be a Holiday Light Ceremony on December 10, 1998 at 6:00 p.m. at City Hall,
and there will be holiday music, the Tamarac Signing Chorus, the Wind
Symphony, and Santa and Mrs. Claus will appear. The north entrance to City
Hall will be closed from 5:00 p.m. — 8:00 p.m. and access will be through the
south entrance. Assistant City Manager Hemstreet said grand openings were
held for the Kings Point Theater and McDonalds on Commercial Boulevard, and
the Fire Department delivered food to 20 needy families. Additionally, residents
and employees collected clothing and supplies to be distributed to victims of
Hurricane Mitch and the Fire Department held a toy drive for the holidays. Parks
and Recreation sponsored its annual Turkey Trot in which 652 runners
participated, and the newspaper calls it the race of the year. Parks and
Recreation is also sponsoring trips to the races, a lake cruise, and registration is
open for T-Ball and baseball.
At this time, Mayor Schreiber requested moving out of the regular order of the
agenda to Item #12 in order to hold the public hearing.
12. Temporary Resolution #8473, approving proposed settlement of the City
of Tamarac vs Sani-Pip Corporation, et al. (97-13076CA-09) eminent domain law
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suit authorizing all necessary action to settle the law suit consistent with the
Memorandum of Settlement.
City Attorney Kraft read Temporary Resolution #8473 by title. Vice Mayor
Mishkin seconded by Commissioner Sultanof moved for adoption. City Attorney
Kraft and Craig Eakin, Special Counsel, 2900 E. Oakland Park Boulevard, Ft.
Lauderdale, FL 33306, each 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 McKaye "yes", Vice
Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION R98-361
CONSENT AGENDA
8. Commissioner Sultanof, seconded by Commissioner Roberts moved to
remove item 81, Temporary Resolution #8452, authorizing the appropriate City
Officials to purchase one (1) Vac -Con V312LHA/1300 Combination Sewer Cleaner
Unit from Southern Sewer Equipment Sales, utilizing the City of Ocala, Florida's Bid
Number B2496, as approved in the FY99 Budget, in an amount not to exceed
$184,965.00, with funding from the appropriate Utilities Operational Account, from
the consent agenda for discussion. On roll call, Commissioner Roberts voted "yes'
Commissioner McKaye "yes", vice Mayor Mishkin "yes", commissioner Sultanof
"yes", and Mayor Schreiber "yes". Motion carried.
Commissioner Roberts, seconded by Commissioner Sultanof moved to approve all
items on the consent agenda with the exception of item 8i. On roll call,
Commissioner Roberts voted "yes", Commissioner McKaye "yes", Vice Mayor
Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion
carried.
a. APPROVE the minutes of the November 25, 1998 Commission meeting.
b. TEMPORARY RESOLUTION #8391, authorizing the appropriate City
Officials to accept and execute a "Tamarac Water and Sewer Utility Easement"
with Lennar Homes, Inc., for the Exeter - West Portion Project, located on the
south side of NW 80th Street between NW 108th Terrace and NW 106th Avenue,
to allow legal access by City Utility Personnel for installing, maintaining, and
operating the Water Distribution and Sewage Collection Systems.
RESOLUTION R98-349
C. TEMPORARY RESOLUTION # 8439, authorizing the appropriate City
Officials to execute a "Tamarac Public Utility Easement" with MediaOne of Greater
Florida, Inc., for the MediaOne/Archibald Site Project located on McNab Road
between NW 80th Avenue and NW 84th Avenue.
RESOLUTION R98-350
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d. TEMPORARY RESOLUTION # 8440, authorizing the appropriate City
Officials to accept and execute a "Tamarac Water and Sewer Utility Easement" with
MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site Project located
on McNab Road between NW 80t" Avenue and NW 84t" Avenue to allow legal
access by City Utility Personnel for installing maintaining and operating the water
distribution system.
RESOLUTION R98-351
e. TEMPORARY RESOLUTION # 8441, authorizing the appropriate City
Officials to accept and execute a Blanket Public Safety Ingress/Egress Easement
with MediaOne/Archibald Site Project, located on McNab Road between NW 80tn
Avenue and NW 84th 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 R98-362
f. TEMPORARY RESOLUTION # 8443, authorizing the appropriate City
Officials to release a Public Improvement Performance Bond in the amount of
$1,350.00 from Gold Coast Formal Wear, and waive the requirement of a one-year
Warranty Bond for the water distribution system improvements for the Gold Coast
Formal Wear Project, located at 5308 NW 22nd Avenue.
RESOLUTION R98-353
g. TEMPORARY RESOLUTION #8446, authorizing the appropriate City
Officials to release a Public Improvement Performance Bond in the form of a Surety
Bond #12-0120-23308-98-8 from United States Fidelity and Guaranty Company, in
the amount of $5,033.00 subject to the receipt of a one-year Warranty Bond in the
amount of $2,930.00 for the water distribution system improvements, installed by
Itasca Construction Associates, Inc., for the First Union National Bank Project,
located on the northwest corner of University Drive and McNab Road.
RESOLUTION R98-354
h. TEMPORARY RESOLUTION #8471, approving the Parks & Recreation
Department's Grant Application to Broward County Cultural Affairs Council for a
Grant in the amount of $10,000.00 with a match from the City in the amount of
$10,000.00 for a series of classes in the Cultural Arts and Cultural Exhibitions
and performances at several community events, provided through a partnership
with the White -Willis Theatre, Inc. in FY 2000 at City of Tamarac Recreation
Facilities.
RESOLUTION R98-355
j. TEMPORARY RESOLUTION #8475, authorizing the appropriate City
Officials to execute an amendment to the agreement with A T & T Wireless Services
of Florida, Inc., to correct a scrivener's error in the legal description of the Lease Site
at Fire Station II.
RESOLUTION R98-357
k. TEMPORARY RESOLUTION #8467, authorizing the appropriate City
Officials to extend and execute an agreement between the City of Tamarac and
Homestead Village, Inc., for the rental of a room providing quarters for Tamarac Fire
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Rescue Personnel from January 1, 1999 through December 31, 1999; re-
establishing a weekly rate of $252.00; providing for monthly payment.
RESOLUTION R98-358
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8i. TEMPORARY RESOLUTION #8452, authorizing the appropriate City
Officials to purchase one (1) Vac -Con V312LHA/1300 Combination Sewer Cleaner
Unit from Southern Sewer Equipment Sales, utilizing the City of Ocala, Florida's Bid
Number B2496, as approved in the FY99 Budget, in an amount not to exceed
$184,965.00, with funding from the appropriate Utilities Operational Account.
City attorney Kraft read Temporary Resolution #8452, revision #1, by title.
Commissioner Roberts, seconded by Commissioner McKaye moved approval.
Utilities Director Woika gave a presentation. On roll call, Commissioner McKaye
voted "yes", Vice Mayor Mishkin "yes", commissioner Sultanof "yes", Commissioner
Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION R98-356
9. TEMPORARY RESOLUTION_#8438, authorizing the appropriate City
Officials to approve Economic Development Incentives not to exceed $50,000
including a cash relocation grant for $25,000, waivers of review and permit fees
not to exceed $25,000 and designation as an economic development project for
the purpose of expedited permitting for Culligan of Florida, Inc. (US Filter
Corporation) to relocate to the Tamarac Commerce Park; Case No. 23-MI-98.
City Attorney Kraft read Temporary Resolution #8438 by title. Ken Snyder and
Mike King were present on behalf of the petitioner. Vice Mayor Mishkin
seconded by Commissioner Sultanof moved approval. Jeffrey Miller, Community
Development Director gave a presentation. On roll call Vice Mayor Mishkin
voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes",
Commissioner McKaye "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION R98-359
10. Temporary Resolution #8470, strongly urging that the Broward County
School Board take all necessary steps to make adequate provision for the
Education of the Children of Tamarac by taking the necessary action to provide
additional school facilities in Tamarac to relieve critical overcrowding at Tamarac
Elementary School.
City Attorney Kraft read Temporary Resolution #8470 by title. There was
discussion about the necessity of a new school for Tamarac in addition to adding
12 classrooms to Tamarac Elementary School, and enlarging the media center
and cafeteria. Commissioner Roberts seconded by Commissioner Sultanof
moved approval. On roll call Commissioner Sultanof voted "yes", Commissioner
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December 9, 1998
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Roberts "yes", Commissioner McKaye "yes", Vice Mayor Mishkin "yes", and
Mayor Schreiber "yes". Motion carried.
RESOLUTION R98-360
11. TEMPORARY RESOLUTION #8474, authorizing the issuance of not to
exceed $3,250,000 in aggregate principal amount of City of Tamarac, Florida
general obligation bonds, series 1998 (Community Center Project), to pay for
acquisition and Construction of a Community Center within the City; providing
that such general obligation bonds shall constitute general obligations of the City
and that the full faith, credit and taxing power of the City shall be irrevocably
pledged for the payment of the principal of and the interest on such general
obligation bonds; making certain covenants and agreements in connection
therewith; providing certain details of the bonds; designating the bonds as "Bank
Qualified"; approving the negotiated sale of the bonds; appointing a paying agent
and a bond registrar; authorizing certain officials and employees of the City to
take all actions required in connection with the issuance of said bonds.
City Attorney Kraft read Temporary Resolution #8474 by title. Vice Mayor
Mishkin seconded by Commissioner Sultanof moved for approval. Finance
Director McGarrity, Lavon Wisher of Public Financial Management, Inc., and T.
Dean Dickson, Special Counsel of Akerman, Senterfitt, et al. gave presentations.
Mae Schreiber, 10504 E. Clairmont Circle, Tamarac, Florida, questioned the cost
per household Commissioner Roberts responded. On roll call Commissioner
Roberts voted "yes", Commissioner McKaye "yes", Vice Mayor Mishkin "yes",
commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION R98-348
QUASI-JUDICIAL HEARINGS
12. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY_ RESOLUTION
#8453, approving a Special Exception to allow the operation of a tire and auto center
in a B-3 (General Business District) zoning category to Ocello's Tire and Auto
Center, located at 8151 NW 88 Avenue; specifically a portion of Parcel "A" of the
"Tamarac Town Square", Plat according to the Plat thereof as recorded in Plat Book
112, page 1 of the Public Records of Broward County Florida; Case No. 13-Z-98.
City Attorney Kraft read Temporary Resolution #8453 by title. Commissioner
Roberts seconded by Commissioner Sultanof moved for approval. Larry Johnston,
Architect and Peter O'Cello, owner appeared on behalf of the petitioner and waived
their quasi-judicial rights. Community Development Director Miller gave a
presentation. Mayor Schreiber opened the public hearing and with no one wishing
to speak, closed the public hearing. On roll call Commissioner McKaye voted "yes",
Vice Mayor Mishkin "yes", Commissioner Sultanof "yes, Commissioner Roberts
"Yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION R98-362
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13. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION
#8455, issuing Revised Development Order No.020.4 and Ma..„.,.
for Revised Site
Plan approval to Ocello's Tire and Auto Center to allow the demolition of 1,522
square feet of the existing 3,024 square foot building and the addition of 3,400
square feet of new construction for a total of 4,900 square feet; located at 8151
NW 88 Avenue (Tamarac Town Square); pursuant to Chapter 10 of the Code of
Ordinances of the City of Tamarac, Florida; Case No. 28-SP-98.
City Attorney Kraft read Temporary Resolution #8455 by title. Commissioner
Sultanof seconded by Commissioner McKaye moved approval. Larry Johnston,
Architect, and Peter O'Cello, owner, appeared on behalf of the petitioner and
waived their quasi-judicial rights. Community Development Director Miller gave a
presentation. Mayor Schreiber opened the public hearing, and Marvin Seidel,
9645 N Belfort, Tamarac, FL said there were other tire centers in Tamarac and
Mr. Miller 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
McKaye "yes" and Mayor Schreiber "yes". Motion carried.
RESOLUTION R98-363
14. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION
#8456, issuing Revised Development Order No. 003.1 and granting New
Development Site Plan approval to Hyperion Communications for the construction of
a 12,892 square foot building, and a parking waiver to use 9' X 18' stalls in lieu of the
required 10' X 18' stalls, and to provide thirty-eight (38) parking spaces in lieu of
forty-four (44) required parking spaces; located at 2121 West Prospect Road;
specifically lots 1 and 2 of the "Golfview Plaza", Plat according to the Plat thereof as
recorded in Plat Book 121, page 3 of the Public Records of Broward County, Florida;
Case No. 27-SP-98.
City Attorney Kraft read Temporary Resolution #8456 by title. Vice Mayor Mishkin
seconded by Commissioner McKaye moved approval. James J. Mullen, Jr., P.E., of
Craven Thompson & Associates, was present on behalf of the petitioner and waived
his quasi-judicial rights. Community Development Director Miller gave a
presentation, and Tamarac Fire Chief Budzinski responded to questions regarding
response to 911 calls. Mayor Schreiber opened the public hearing, and Ed Portner,
5810 NW 56 Place, Tamarac questioned whether the petitioner was going to erect a
new building or use an existing one, and how it would affect traffic while the project
was under construction. Mr. Miller 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 McKaye "yes", Vice Mayor
Mishkin "yes" and Mayor Schreiber "yes". Motion carried.
RESOLUTION R98-364
15. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION
#8465, issuing Revised Development Order No. 282.1 and granting Major
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Revised Site Plan approval to Fire Station No. 78 (#2) to allow a 2,500 square
foot addition and the renovation of 3,785 square feet of existing space for a total
of 6,285 square feet and a Parking Waiver to reduce the number of required
parking spaces from sixteen (16) to thirteen (13) spaces; located at 4801 West
Commercial Boulevard; specifically a portion of Tract 2 and 7 of the "Fort
Lauderdale Truck Farms Plat", according to the Plat thereof as recorded in Plat
Book 4, Page 31 of the public records of Broward County, Florida; Case No. 33-
SP-98.
City Attorney Kraft read Temporary Resolution #8465, revision #1, by title.
Commissioner Sultanof seconded by Commissioner Roberts moved approval.
Christopher E. Bray of Synalovski Gutierrez Architects, Inc., was present on
behalf of the petitioner and waived his quasi-judicial rights. Community
Development Director Miller 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 McKaye "yes", Vice
Mayor Mishkin "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION R98-365
16. QUASI-JUDICIAL - MOTION TO ADOPT TEMPORARY RESOLUTION
#8454, granting Development Order No. 310 for the "Southgate at Nob Hill Plat"
requested by Cynthia Lewis, Trustee, located at the southeast corner of Nob Hill
Road and Southgate Boulevard; Case No. 5-P-98.
City Attorney Kraft read Temporary Resolution #8454 by title. Elizabeth Pulice of
Pulice Land Surveyors, Inc. was present on behalf of the petitioner and waived her
quasi-judicial rights. Community Development Director Miller and Planning and
Zoning Manager King gave presentations. Mayor Schreiber opened the public
hearing and with no one wishing to speak, closed the public hearing. On roll call
commissioner McKaye voted "yes", Vice Mayor Mishkin "yes", commissioner
Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes".
RESOLUTION R98-366
END OFQUASI-JUDICIAL HEARINGS
At this time, Mayor Schreiber announced that there would be a bond signing
before the adjournment of the meeting, and Commissioner Sultanof,
Commissioner McKaye, Commissioner Roberts and Vice Mayor Mishkin left the
room.
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With no further business, Mayor Schreiber adjourned the meeting at 9:00 p.m.
MARION SWE SON
ASSISTANT CITY CLERK
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CITY QF TAMARAC
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