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HomeMy WebLinkAbout1999-12-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, DECEMBER 22, 1999 CALL TO ORDER: Mayor Schreiber called the meeting to order on Wednesday, December 22, 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. PRESENTATION of a proclamation by Mayor Schreiber to Mark Greenspan commending him for his heroic efforts. 2. PUBLIC PARTICIPATION: Shirley Ludin, 5190 Sabal Palm Blvd., Tamarac, spoke about noise from trash and garbage collection in the early morning. Sam Butters, 2005 NW 62"d Street, Ft. Lauderdale, congratulated Community Development Director King on his promotion, and thanked Commissioner Roberts for the tremendous amount of work she put into getting schools in Tamarac. Mr. Butters wished everyone a happy and healthy New Year. Max Cohen, Tamarac Gardens, Tamarac, spoke about MediaOne's contract and asked for direction from the Commission, as his Association would like to negotiate with MediaOne. Mayor Schreiber and Commissioner Portner responded. REPORTS 2. Cites Commission: Commissioner Sultanof wished everyone a happy and healthy New Year, and praised Commissioner Roberts on the marvelous job she did in bringing schools to Tamarac. Commissioner Sultanof said Tamarac is going to do great things in the new Millennium, and as far as Y2K goes, there may be a glitch or two but he is not overly concerned. Commissioner Sultanof suggested everyone try not to use the phones on January V. Vice Mayor Mishkin congratulated Public Works Operations Manager Greenspan and his family, and said there is no greater deed a person can perform. Vice Mayor Mishkin said Commissioner Roberts spent many hours working on the schools, and commended Mr. Butters for his help. Vice Mayor Mishkin wished the Mayor and Commissioners a happy, healthy and safe holiday season, and expressed his heartfelt appreciation to City Manager Miller and staff, and said this has been a very exciting year for Tamarac, with lots of ups and few downs. Vice Mayor Mishkin welcomed Mark O. Bates, the new Finance Director. Commissioner Portner thanked City Manager Miller for hiring Mr. Bates and promoting Mr. King to Community Development Director, and to Commissioner Roberts Commissioner Portner said "job well done", and it is much appreciated. Commissioner Portner wished everyone the best for the coming year, and said he has completed his first year on the Commission and it was a very exciting time. 12/22/99 1 Commissioner Roberts thanked everyone for the accolades, but said she did not do this work alone; she had help from Community Development, and from School Board Member Stephanie Kraft, who voted to purchase the land and build a new elementary and middle school in Tamarac. Commissioner Roberts welcomed Mr. Bates, congratulated Mr. King and wished everyone a happy, healthy New Year. Mayor Schreiber said he listened to the School Board meeting and heard Commissioner Roberts take the Board to task, and through Commissioner Roberts' efforts the School Board did the right thing. Mr. Butters also told the School Board to buy the land now or walk. Mayor Schreiber commended Public Works Operations Manager Greenspan for the wonderful act he performed, and said it makes Tamarac look good. Mayor Schreiber commended Mr. King on his promotion, and wished Mr. Bates luck as Tamarac's new Finance Director. Mayor Schreiber said the City is working well and has a great support staff and Tamarac has done a fantastic job in making progress, and it is looking beautiful. Mayor Schreiber wished everyone a healthy, happy New Year. 4. City Attorney: City Attorney Kraft had no report. 5. City Manager: City Manager Miller had no report. He wished everyone a happy, healthy holiday, and said he is looking forward to the new millennium. CONSENT AGENDA 6. Commissioner Roberts seconded by Commissioner Sultanof moved to remove Item 6(b) from 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. Vice Mayor Mishkin seconded by Commissioner Sultanof moved to approve all remaining 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 December 8, 1999 Commission meeting. APPROVED C. AMERICAN HEART ASSOCIATION AGREEMENT: (TR8852) Executing Renewal Amendment between the City of Tamarac and the American Heart Association, renewing the prior Agreement for a period of two (2) years. RESOLUTION NO. R99-340 d. TAMARAC ATHLETIC FEDERATION: (TR8846) Executing an Agreement between the City of Tamarac, the Tamarac Athletic Federation, Inc., and TAF Member Leagues to provide for organized sports activities. RESOLUTION NO. R99-341 e. CONFIRMATION OF ASSIGNMENT OF LEASE: (TR8861) Executing a Confirmation of Assignment of Lease to the Boulevards of Tamarac Civic Association, Inc. RESOLUTION NO. R99-342 f. CONFIRMATION OF ASSIGNMENT OF USE: (TR8862) Executing a Confirmation of Assignment of Use and Building Restrictions to the Boulevards of Tamarac Civic Association, Inc. RESOLUTION NO. R99-343 12/22/99 2 g. ATHLETIC FACILITIES: (TR8848) Establishing fees for the use of athletic facilities in the City of Tamarac. RESOLUTION NO. R99-344 h. ENGINEERING AGREEMENT: (TR8845) Accepting and executing a First Addendum to the Engineering Agreement with Camp, Dresser & McKee, Inc., to provide additional engineering services related to the improvements associated with existing high service pumping systems at the water treatment plant for additional fees not to exceed $34,677.00. RESOLUTION NO. R99-346 i. STREET SWEEPER: (TR8849) Amending the annual budget of estimated revenues and expenditures for the Fiscal Year 2000 purchase of a street sweeper through a lease -purchase contract with SunTrust Bank, National Association. RESOLUTION NO. R99-346 j. REPEALING PERFORMANCE BOND: (TR8847) Repealing a Public Improvement Performance Bond in the form of a Surety Bond #B2927719 from United Pacific Insurance Company in the amount of $250,000.00 for the pump station #33 improvements to be performed by Archstone Communities as part of the Cameron Gardens Project, and repealing Resolution 98-375 which authorized the reconstruction of wastewater pump station #33 by a contractor employed by Archstone Communities, the developer of the Cameron Gardens Project. RESOLUTION NO. R99-347 k. RELEASE OF PERFORMANCE BOND: (TR8850) Releasing a Performance Bond (Letter of Credit #U2713349) in the amount of $27,894.50 posted for public improvements at Homestead Village located at 3873 West Commercial Boulevard. RESOLUTION NO. R99-348 I. DIRECTOR OF COMMUNITY DEVELOPMENT: (TR8859) Appointing John Christopher King as Director of Community Development, effective December 22, 1999. RESOLUTION NO. R99-349 M. DIRECTOR OF FINANCE: (TR8860) Appointing Mark O. Bates as Director of Finance, effective January 10, 2000. RESOLUTION NO. R99-350 n. ACQUISITION OF GOULD PROPERTY: (TR8864) Accepting the Special Warranty Deed from Southeast Property Acquisition Corporation, being legally described as Parcel "B" of the "Gould South Plat", according to the Plat thereof as recorded in Plat Book 1, Page 102 of the Public Records of Broward County, Florida; containing approximately 4 acres RESOLUTION NO. R99-351 END OF CONSENT AGENDA 6(b). AUTOMATIC AID AGREEMENT: (TR8843) Executing an Automatic Aid Agreement between the City of Tamarac and the cities of North Lauderdale, Margate, and Broward County allowing for the provision of Cooperative emergency Medical and 12/22/99 3 Emergency Fire Protection Services through automatic aid. City Attorney Kraft read Temporary Resolution No. 8843 by title. Commissioner Roberts said she would like to have the Agreement reviewed after six (6) months. Commissioner Sultanof seconded by Commissioner Roberts moved approval. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R99-339 REGULAR AGENDA Commissioner Sultanof seconded by Commissioner Roberts moved to remove Item #11 from the agenda. Temporary Ordinance No. 1869: Motion to adopt Ordinance on second reading, denying the transfer of the MediaOne of Greater Florida, Inc. Cable Television Franchise to AT&T. On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Partner seconded by Commissioner Sultanof moved to add Temporary Ordinance No. 1883 to the agenda as Item #14. (TO1883) Motion to adopt Ordinance on first reading, amending Article IV, Section 4.04 of the City Charter, entitled "Compensation and expenses of Mayor and Commission". On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes", Commissioner Portner "yes", Vice Mayor Mishkin "yes", and Mayor Schreiber "yes". Motion carried. 7. LARGE USER AGREEMENT: (TR8814) Motion to adopt Resolution executing the First Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac for additional wastewater reserve capacity; amending the utilities CIAC fund of estimated revenues and expenditures in the amount of $377,999. City Attorney Kraft read Temporary Resolution No. 8814 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. RESOLUTION R99-352 ORDINANCE — FIRST READING 8. FIFTH EXTENSION OF CABLE TELEVISION FRANCHISE: (TO1882) Motion to adopt Ordinance on first reading, authorizing the appropriate City Officials to execute a fifth extension of the Cable Television Franchise Agreement between the City of Tamarac, Florida and MediaOne of Greater Florida, Inc. (MediaOne), extending the Franchise Agreement to March 22, 2000. City Attorney Kraft read Temporary Ordinance No. 1882 on first reading by title. Commissioner Portner 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. Mayor Schreiber called for a recess at 9:25 A.M. The meeting reconvened at 9:30 A.M. with everyone present. 12/22/99 4 PUBLIC HEARINGS 9:30 A.M. 9, LAND SECTION 7 SPECIAL ASSESSMENT: (TR8835) Motion to adopt Resolution electing to use the uniform method of collecting non -ad valorem special assessments for the North Section 7 Assessment levied within the north half of Land Section 7 of the City; stating a need for such levy; providing for the mailing of this resolution. City Attorney Kraft read Temporary Resolution No. 8835, Revision #2, 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. RESOLUTION NO. R99-353 10, FOURTH EXTENSION OF 2 WEEKS OF CABLE TELEVISION FRANCHISE: (TO1879) Motion to adopt Ordinance on second 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 No. 1879 on second reading by title. Commissioner Sultanof seconded by Vice Mayor Mishkin moved approval. Commissioner Partner asked if there would be an agreement by March 22, 2000, and Assistant City Manager Hemstreet responded. Mayor Schreiber opened the public hearing, and Max Cohen, Tamarac Gardens, spoke about seeking out other cable companies for franchises in Tamarac. Assistant City Manager Hemstreet offered to meet with Mr. Cohen to further discuss this matter. Walter Coghlin, 4806 NW 49 Court, Tamarac, questioned the connection between this item and Item #10 on the agenda. Mayor Schreiber 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. 099-33 12. COMPENSATION AND EXPENSES OF MAYOR AND COMMISSION: (TO1874) Motion to adopt Ordinance on second 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 No. 1874, Revision #2, on second reading by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval. Commissioner Roberts said that she hoped if the expenses of the Mayor and Commissioners are set by the budget process, more people will show up for the meetings. 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. 099-35 END OF PUBLIC HEARINGS 12/22/99 5 QUASI-JUDICIAL HEARING 13. SITE PLAN APPROVAL: (TR8752) Motion to approve Resolution issuing Revised Development Order No. 295.1 and granting New Development Site Plan Approval to Hampton Inn for the construction of a 42,090 square foot, 80-room hotel, located at Commercial Boulevard and NW 47th Terrace; specifically Parcel "A" of the "Wynne Commercial Plat", according to the Plat thereof as recorded in Plat Book 162, Page 43 of the public records of Broward County, Florida; Case No. 22-SP-99. City Attorney Kraft read Temporary Resolution No. 8752, Revision #2, by title. Commissioner Sultanof seconded by Commissioner Portner moved approval. Isaac Sklar, Architect, waived his quasi-judicial rights on behalf of the developer. Community Development Director King gave a presentation. Commissioner Partner questioned the fact that there is no entrance off Commercial Boulevard and there is no entrance from Sunshine Plaza, and Mr. Sklar explained. Mayor Schreiber said this was the best set of plans he has seen. Commissioner Sultanof said he is delighted with the plan. Vice Mayor Mishkin asked the anticipated completion date, and Mr. Sklar said about 6-8 months. Mayor Schreiber opened the public hearing, and Walter Coghlin, 4806 NW 49 Court, Tamarac, spoke about the access road. Mayor Schreiber said the State is going to refurbish the road, and Vice Mayor Mishkin said at the last MPO meeting it was agreed that it was one of the most crucial intersections in the County. Florida DOT, Broward County DOT, State of Florida and the Toll Road Commission, as well as Tamarac have all been working on this road. With no one else wishing to speak, Mayor Schreiber 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. RESOLUTION NO. R99-354 END OF QUASI-JUDICIAL HEARING 14. COMPENSATION AND EXPENSES OF MAYOR AND COMMISSION: (TO1883) Motion to adopt Ordinance on first reading, amending Article IV, Section 4.04 of the City Charter, entitled "Compensation and expenses of Mayor and Commission" to remove fixed amounts for Mayor and Commissioner salaries from the Tamarac Charter to provide that salaries 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 No. 1883 on first reading, by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Commissioner Roberts said if this referendum question passes at the March 14, 2000 election, then hopefully the public would come to the budget hearings and make recommendations. On roll call Commissioner Portner voted "yes", Vice Mayor Mishkin "no", Commissioner Sultanof "yes", Commissioner Roberts `yes", and Mayor Schreiber "yes". Motion carried. There being no further business Mayor Schreiber adjourned the meeting at 9:50 A.M. 4 OE SCHREIBER, MAYOR CAROL GOI-151, CMC/AAE, CITY CLERK CITY OF T 12/22/99 APPROVED AT MEETING OF d 6