HomeMy WebLinkAbout1996-12-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION REGULAR MEETING
WEDNESDAY, DECEMBER 11, 1996
CALL TO ORDER: Vice Mayor Mishkin called the regular meeting to order on
Wednesday, December 11, 1996 at 9.00 A.M. in Commission Chambers of Tamarac
City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PRESENT:
Vice Mayor Larry Mishkin
Commissioner John E. McKaye
Commissioner Joseph Schreiber
ABSENT AND EXCUSED:
Commissioner Bruce Hoffman
ALSO PRESENT:
Robert S. Noe, Jr., City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, CMC, City Clerk
Phyllis Polikoff, Office Specialist
PLEDGE OF ALLEGIANCE AND MOMENT OF MEDITATION: Vice Mayor Mishkin
called for the pledge of allegiance and a moment of meditation to commemorate
December 7, 1941.
Tape 1
Vice Mayor Mishkin referred to a letter sent to City Manager Noe from the Area Agency
on Aging and City Attorney Kraft informed the audience about pro bono personnel in
the City Attorney's office.
INTRODUCTION
1. ANNOUNCEMENT of vacancies on the following boards and committees:
Ambulance Committee
Privatization Committee
Annexation Committee
Public Information Committee
Board of Adjustment
Sister Cities Committee
Consumer Affairs Committee
Social Services Board
Insurance Advisory Board
Urban Forestry Committee
Investment Advisory Board
Veterans Affairs Committee
Parks and Recreation Board
City Commission Regular Meeting
December 11, 1996
Page 2
Vice Mayor Mishkin made the announcement.
2. PRESENTATION by Vice Mayor Mishkin of a Certificate of Commendation to
the Tamarac Fire Department in acknowledgment of their work and dedication in
the collection and distribution of food to needy families in Tamarac during the
Thanksgiving holiday.
Vice Mayor Mishkin presented the Certificate to Firefighter/Paramedic Tim Heiser
and Lieutenant Bryan Hurst who announced that a toy drive was commencing
through December 18 with drop offs at City Hall and the two Fire stations.
PUBLIC PARTICIPATION
3. PUBLIC PARTICIPATION -Any member of the public may speak to any
issue which is not agendized for public hearing at this meeting. Speakers
will be limited to three minutes during this item and at public hearings.
There will be a thirty (30) minute aggregate time limit for this item, and
speakers are encouraged to sign up in advance with the City Clerk prior to
their participation.
When an issue has been designated as quasi-judicial, public remarks shall
only be heard during a quasi-judicial hearing that has been properly noticed
for that matter.
Abe Garr, Kings Point Common Cause, discussed concerns regarding expenditures
and Charter amendments.
CASE SETTLEMENT PUBLIC HEARINGS
4. ANNOUNCEMENT of settlement in the bodily injury claim of Joan Saporiti in
the amount of $10,000. within the authority of Tamarac City Code
Section 2-342 (b) (3).
City Attorney Kraft made the announcement.
Vice Mayor Mishkin opened and closed the hearing with no response.
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City Commission Regular Meeting
December 11, 1996
5. MOTION TO ADOPT Temp. Reso. #7619 authorizing the settlement of the
bodily injury claim of Dreu Fowler in the amount of $25,000.
APPROVED RESOLUTION R-96-278
City Attorney Kraft read Temp. Reso. #7619 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Vice Mayor Mishkin opened and closed the hearing with no response.
VOTE:
CONSENT AGENDA
ALL VOTED AYE
6. Items listed under Consent Agenda, Item 6, are viewed to be routine and
the recommendation will be enacted by ONE MOTION in the form listed
below. If discussion is desired, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
d. MOTION TO ADOPT Temp. Reso. #7459 authorizing the appropriate
City officials to execute an agreement with the Tamarac Athletic
Federation, Inc., to provide organized sports activities for the City.
REMOVED for discussion. See Page 9 for final action.
City Manager Noe requested this item be removed for discussion.
a. MOTION TO APPROVE the minutes of the 11/27/96 regular City
Commission meeting.
APPROVED
b. MOTION TO ADOPT Temp. Reso. #7607 releasing performance Letter of
Credit #11733793 in the amount of $976,790.85 posted for water
distribution and sewage collection improvements for the PLUM BAY
(PHASES 1A, 1B, 1C, 2A AND 213) and PLUM HARBOR (PHASE 1 AND
RECREATION CENTER) projects located on the northeast corner of
Commercial Boulevard and Nob Hill Road subject to receipt of a warranty
bond in the amount of $156,726.63.
APPROVED RESOLUTION R-96-279
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City Commission Regular Meeting
December 11, 1996
6. C. MOTION TO ADOPT Tem . Reso. #7522 authorizing the appropriate City
officials to execute the Fourth Amendment to the Water and Sewer
Developer's Agreement with Pulte Home Corporation for the PLUM BAY
project located on the northeast corner of Nob Hill Road and Commercial
Boulevard, changing Exhibit D to remove the 77 lots sold to Morrison
Homes of Florida, Inc. (tabled on 11/27/96)
APPROVED RESOLUTION R-96-280
e. MOTION TO ADOPT Temp. Reso. #7608 awarding Bid 96-18 to Atlantic
Coastal Construction of Davie, Florida, in the amount of $119,226. for
replacement of the existing Concession Stand at Tamarac Park located at
7501 N. University Drive.
APPROVED RESOLUTION R-96-281
f. MOTION TO ADOPT Temp. Reso. #7585 authorizing the appropriate City
officials to execute a professional services agreement with Carr Smith
Associates for a Facilities Utilization Study with funding in an amount not
to exceed $18,340. (tabled on 11/13/96)
APPROVED RESOLUTION R-96-282
Comm. Schreiber MOVED APPROVAL of Consent Agenda Items 6.a., 6.b., 6.c., 6.e.
and 6.f., SECONDED by Comm. McKaye.
VOTE: ALL VOTED AYE
END OF CONSENT AGENDA
14. QUASI-JUDICIAL =MOTION TO ADOPT Temp Reso #7620 amending a non -
vehicular access line on Parcel "D" of the LAKES OF CARRIAGE HILLS 2 PLAT
located on the southeast corner of Bailey Road and Rock Island Road. Case
No. 6-P-96,
APPROVED RESOLUTION R-96-286
City Attorney Kraft read Temp. Reso. #7620 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Jonathan Keith, representing the petitioner, waived his quasi-judicial rights.
Vice Mayor Mishkin opened and closed the hearing with no discussion.
Page 5
City Commission Regular Meeting
December 11, 1996
VOTE: ALL VOTED AYE
15. QUASI-JUDICIAL - MOTION TO ADOPT Temp._Reso. #7621 approving a site
plan for the construction of a 644-unit multi -family residential development within
the SOUTHAMPTON KINGS POINT REPLAT "S" located at 7611 - 7775 Nob
Hill Road. Case No. 26-SP-96.
APPROVED RESOLUTION R-96-287
City Attorney Kraft read Temp. Reso. #7621 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Rick Weinberg, representing the petitioner, waived his quasi-judicial rights.
Vice Mayor Mishkin opened and closed the hearing with no discussion.
VOTE: ALL VOTED AYE
PUBLIC HEARINGS 7.30 P.M.
7. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1771 on second
reading amending Chapter 12 of the Code entitled "Licenses and Business
Regulations" by adding Article XV entitled "Pawnbrokers".
APPROVED ORDINANCE 0-96-20
City Attorney Kraft read Temp. Ord. #1771 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Vice Mayor Mishkin opened and closed the public hearing with no response.
VOTE:
ALL VOTED AYE
8. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1775 on second
reading amending Chapter 5 of the Code entitled, "Building and Building
Regulations", by adding Section 5-1, entitled "Building Department Permit Fees"
to Article I providing for City Commission review and modification of building
permit fees and collection of fees.
APPROVED ORDINANCE 0-96-21
Page 6
City Commission Regular Meeting
December 11, 1996
City Attorney Kraft read Temp. Ord. #1775 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Vice Mayor Mishkin opened and closed the public hearing with no response.
VOTE:
ALL VOTED AYE
9. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1776 on second
reading amending Section 6-149 of the Code entitled "Purchasing Procedures"
by deleting and replacing City Clerk with Purchasing Officer.
APPROVED ORDINANCE 0-96-22
City Attorney Kraft read Temp. Ord. #1776 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Vice Mayor Mishkin opened and closed the public hearing with no response.
VOTE:
ALL VOTED AYE
10. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #7624 accepting the
grant award from the U.S. Department of Justice under the Local Law
Enforcement Block Grant Program in the amount of $37,577. with a City match
of $4,175. to be allocated from the Law Enforcement Trust Fund (maintained by
Broward County), establishing a trust fund for the total project at a cost of
$41,752.
APPROVED RESOLUTION R-96-283
City Attorney Kraft read Temp. Reso. #7624 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Vice Mayor Mishkin opened and closed the public hearing with no response.
VOTE:
Tape 2
ALL VOTED AYE
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City Commission Regular Meeting
December 11, 1996
11. PUBLIC HEARING - QUASI-JUDICIAL - MOTION TO ADOPT Temp. Ord.
#1774 on second reading concerning a request by UNIVERSITY/MCNAB PLAT
(PARCEL A) to rezone land on the northwest corner of McNab Road and
University Drive from B-1 (Neighborhood Business District) to B-2 (Community
Business District). Petition 23-Z-96.
APPROVED ORDINANCE 0-96-23
City Attorney Kraft read Temp. Ord. #1774 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Robert Lochrie, representing the petitioner, waived his quasi-judicial rights.
Vice Mayor Mishkin opened and closed the public hearing with no response.
VOTE: ALL VOTED AYE
END OF PUBLIC HEARINGS
QUASI-JUDICIAL HEARINGS
12.QUASI-JUDICIAL - MOTION TO ADOPT Temp. Res #7611 approving a site
plan to allow the construction of a 61,163 square foot building d/b/a WINN DIXIE
MARKETPLACE located on the northwest corner of McNab Road and University
Drive. Case No. 32-SP-96. (continued from 11/27/96).
APPROVED RESOLUTION R-96-284
City Attorney Kraft read Temp. Reso. #7611 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Robert Lochrie, representing the petitioner, waived his quasi-judicial rights.
Vice Mayor Mishkin opened and closed the hearing with no discussion.
VOTE:
ALL VOTED AYE
Page 8
City Commission Regular Meeting
December 11, 1996
13. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7610 granting a limited
parking waiver to reduce the required parking width from 10-feet to a minimum of
9-feet for 29 parking spaces and 9-1/2-feet for 277 parking spaces for WINN
DIXIE MARKETPLACE located on the northwest corner of McNab Road and
University Drive. Case No. 29-Z-96. (continued from 11/27/96).
APPROVED RESOLUTION R-96-285
City Attorney Kraft read Temp. Reso. #7610 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Robert Lochrie, representing the petitioner, waived his quasi-judicial rights.
Vice Mayor Mishkin opened and closed the hearing with no discussion.
VOTE: ALL VOTED AYE
16. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7622 granting a special
exception for on -premises consumption of beer and wine for the Hunan Wok
Restaurant located in the HIGHLANDER PLAZA at
4981 - 4983 N. State Road 7. Case No. 27-Z-96.
APPROVED RESOLUTION R-96-288
City Attorney Kraft read Temp. Reso. #7622 by title.
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Simon Chow, representing the petitioner, waived his quasi-judicial rights.
Vice Mayor Mishkin opened and closed the hearing with no discussion.
VOTE: ALL VOTED AYE
17. QUASI-JUDICIAL - MOTION TO ADOPT Temp. Reso. #7623 granting a special
exception to permit the operation of an on -premises dry cleaning plant for direct
customer service d/b/a Premier One Low Price Cleaners located at the northwest
corner of McNab Road and NW 84 Avenue. Case No. 28-Z-96.
APPROVED RESOLUTION R-96-289
City Attorney Kraft read Temp. Reso. #7623 by title.
Page 9
City Commission Regular Meeting
December 11, 1996
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Bill Stork, representing the petitioner, waived his quasi-judicial rights.
Vice Mayor Mishkin opened and closed the hearing with no discussion.
VOTE: ALL VOTED AYE
END OF QUASI-JUDICIAL HEARINGS
CONSENT AGENDA
6. Items listed under Consent Agenda, Item 6, are viewed to be routine and the
recommendation will be enacted by ONE MOTION in the form listed below. If
discussion is desired, then the item(s) will be removed from the Consent
Agenda and will be considered separately.
d. MOTION TO ADOPT Temp_. Reso. #7459 authorizing the appropriate City
officials to execute an agreement with the Tamarac Athletic Federation,
Inc., to provide organized sports activities for the City.
REMOVED for discussion on Page 3 then TABLED.
City Attorney Kraft read Revision #2 of Temp. Reso. #7459 by title.
Comm. Schreiber MOVED APPROVAL for discussion only, SECONDED by Comm.
McKaye.
After discussion, Comm. McKaye MOVED to TABLE, SECONDED by Comm.
Schreiber.
VOTE:
I_1I I Wel I ZI 3X-AVd : 4
18. MOTION TO ADOPT Temp. Reso. #7626 granting a time extension for final site
plan approval for WOODMONT GARDENS (ACLF) for a one year period for
Phase 1 located south of Southgate Boulevard and east of Pine Island Road.
Case No. 44-SP-96.
APPROVED RESOLUTION R-96-290
City Attorney Kraft read Temp. Reso. #7611 by title.
Page 10
City Commission Regular Meeting
December 11, 1996
Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. McKaye.
Alan Gabriel, representing the petitioner, made a presentation.
VOTE: ALL VOTED AYE
Tape 3
REPORTS
19, City Commission
Comm. Schreiber wished everyone a good holiday and a happy new year.
Comm. McKaye wished everyone a happy holiday and a happy new year.
Vice Mayor Mishkin wished everyone a happy holiday and a happy new year.
20. City Attorney
City Attorney Kraft - No Report.
21. City Manager
City Manager Noe - No Report.
With no further discussion, Vice Mayor Mishkin adjourned the meeting at 8.25 P.M.
C&40�� )U. L.,
Larry Mishki
Vice Mayor
Carol A. Evans, CMC
City Clerk
CITY OF T C
APPR,gVED AT MEETING OF