HomeMy WebLinkAbout2002-11-13 - City Commission Regular Meeting AgendaCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY NOVEMBER 13, 2002
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 7:00 p.m. on Wednesday, November 13, 2002 in Chambers at Tamarac City
Hall, 7525 NW 88" Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Commissioner Gertrude Mishkin, Commissioner Marc
L. Sultanof, and Commissioner Karen L. Roberts
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
ABSENT AND EXCUSED FOR CAUSE: Vice Mayor Edward C. Portner
PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Schreiber of a proclamation proclaiming November 2002
as national Epilepsy Awareness Month. Public Information Officer Lucy Crockett
accepted.
b. Presentation by Mayor Schreiber of a proclamation proclaiming November 21,
2002 as Feed America Thursday. Chief Jim Budzinski accepted, and thanked the
Mayor and City Commission for the proclamation. Chief Budzinski reminded everyone
that Tamarac Fire Rescue will be collecting food donations for residents of Tamarac,
and also instituting a new program where different departments in the City will adopt a
family for Thanksgiving.
2. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street, Tamarac, spoke
about illuminated street signs and said he hoped Tamarac would be getting them soon.
Commissioner Sultanof said at the last MPO meeting there was discussion about
changing signs and it will be coming up through the County; Tamarac will have these
signs also. Mayor Schreiber said it will be a great improvement. Marvin Seidel, 9645 N
Belfort, Tamarac, spoke about stocking of sterile carp in the canals and questioned a
$2.00 per family assessment for this. Mayor Schreiber responded that in order to
reinforce the stormwater fund and to prevent flooding, the stormwater assessment has
been increased by $2.00 per month. There is a need for four new pumps, each of
which cost approximately $1 million. Dot Murphy, 5008 NW 50 Court, Tamarac, spoke
about the uncommitted surplus in the general fund and in favor of the additional Senior
Homestead Exemption. Walter Coghlin, 4806 NW 49 Court, Tamarac, spoke about the
Veterans' Day Parade, and said there is a safety hazard in the park — the lift on three
surfaces going up to the Memorial. Mr. Coghlin suggested a ramp might be safer.
David Pearlman, 6921 Environ Blvd., Sunrise, spoke about the Kiwanis Club of
Tamarac, and said the club's mission is to help children in the community. The Kiwanis
November 13, 2002
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Club has assisted the Cadet Program at the Tamarac Fire Department. The Kiwanis
meets 6:30 p.m. on Tuesday evenings at Picadilly Cafe, and anyone who wants to join
is welcome to attend. Sid Vernick, 5712 NW 86 Terrace, Tamarac, spoke about the
Senior Homestead Exemption and the ordinance on the agenda for first reading, and
said $10,000 is inadequate and $25,000 is a more appropriate amount.
REPORTS
3. City Commission: Commissioner Roberts thanked the attendees and
, .,„,.
participants in the Veterans' Day Parade, and commended the Parks and Recreation
Department, Special Events Manager Nevadomski and Parks and Recreation Director
Margoles for their efforts.
Commissioner Sultanof said the Veterans' Day Parade was the best he has seen so
far, and noted that he is the liaison to the Veterans' Committee.
Commissioner Mishkin echoed Commissioners Roberts' and Sultanof's sentiments
about the Veterans' Day Parade.
Mayor Schreiber commended and congratulated everyone on the Veterans' Day
Parade, and said this year's parade was the best ever. Mayor Schreiber thanked all
who attended the event.
4. Ci�torneV:. City Attorney Kraft had no report.
5. City Manager: City Manager Miller said the 5th Annual Reverse Trade Show was
held at the Tamarac Community Center on November 7th, and there were over 350
vendors and government purchasing staff in attendance. City Manager Miller thanked
City staff for their support and participation, and commended Purchasing/Contracts
Manager Flurry on a job well done. The Fire Department was awarded a grant for
personal protective equipment, consisting of self-contained breathing apparatus and
clothing. The grant was in the amount of $250,000. City Manager Miller thanked
Assistant to the City Manager Phillips, Special Projects Coordinator Perron, Assistant
Fire Chief Schuldt, and Assistant Fire Chief Forsberg for their efforts in obtaining the
grant. The Broward County EMS grant review committee approved $10,000 for training
equipment; this now needs to go before the Broward County Commission for final
approval. City Manager Miller thanked EMS Chief Terry and Special Projects
Coordinator Perron for their efforts. The 22"" annual Turkey Trot will take place at 7.30
a.m. on November 281h. The Holiday Lighting Ceremony will be held at 6:00 p.m. on
November 25th at the Tamarac Community Center. The 5th Annual Veterans' Day
Parade was very successful, with over 1,000 in attendance. City Manager Miller
thanked Parks and Recreation Director Margoles and the Parks and Recreation
Department for putting on this event. City Manager Miller announced that the public is
invited to attend the groundbreaking of the Tamarac Branch Library, to be held on
November 20tr' at 10:00 a.m.
CONSENT AGENDA
November 13, 2002
2
6. Commissioner Mishkin seconded by Commissioner Sultanof moved to table
Item 6(e) TAMARAC CITIZEN CORPS COUNCIL: (TR9964) Supporting the Tamarac
Citizen Corps Council, to the November 27, 2002 regular City Commission meeting at
or after 9:00 a.m. On roll call Commissioner Mishkin voted "yes", Commissioner
Sultanof "yes", Commissioner Roberts "yes", Mayor Schreiber "yes". Motion carried.
Commissioner Roberts seconded by Commissioner Sultanof moved approval of all
items on the consent agenda, except for Item 6(e) which was tabled. On roll call
Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner
Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
a. APPROVE the minutes of the October 23, 2002 regular commission meeting.
APPROVED
b. VOIDING THE WATER AND SEWER DEVELOPER'S AGREEMENT —
BANYAN LAKES CORPORATION: (TR9669) Executing an agreement with
Elfrieda R. Compton, voiding the Water and Sewer Developer's Agreement with
Banyan Lakes Corporation for the Banyan Lakes Development located on the
south side of Bailey Road between Rock Island Road and 81 st Avenue; releasing
the property lien on said project for delinquent Guaranteed Revenues in the
approximate amount of $18,103.51; authorizing and directing the City Clerk to
record said Agreement and release of lien in the public records of Broward
County.
RESOLUTION NO. R2002-316
C. EASEMENT — MARKETPLACE AT TAMARAC: (TR9950) Executing a
"Tamarac Water Utility Easement" with Joseph S. Janoura, President of Joge
Investments, Inc., d/b/a Marketplace at Tamarac for the Marketplace at Tamarac
Project, located on the northeast corner of West Commercial Boulevard and NW
701�' Avenue, to allow legal access by City Utility Personnel for installing,
maintaining, and operating the Water Distribution System Improvements;
authorizing and directing the City Clerk to record said document in the public
records of Broward County.
RESOLUTION NO. R2002-317
d. BILL OF SALE ABSOLUTE — MARKETPLACE AT TAMARAC: (TR9951)
Accepting a Bill of Sale Absolute from Joge Investments, Inc., d/b/a Marketplace
at Tamarac, for the Water Distribution System Improvements installed for the
Marketplace at Tamarac Project, located on the northeast corner of West
Commercial Boulevard and NW 70th Avenue, for City ownership; authorizing and
directing the City Clerk to record said document in the public records of Broward
County.
RESOLUTION NO. R2002-318
e. TAMARAC CITIZEN CORPS COUNCIL: (TR9964) Supporting the Tamarac
Citizen Corps Council.
TABLED TO THE NOVEMBER 27, 2002 REGULAR CITY COMMISSION MEETING
AT OR AFTER 9:00 A.M.
f. AGREEMENT — TEXAS AQUATIC HARVESTING - RENTAL OF AQUATIC
PLANT HARVESTER: (TR9953) Entering into an agreement with Texas Aquatic
Harvesting for the purpose of providing services including the rental of an aquatic
plant harvester and operator utilizing the South Florida Water Management
November 13, 2002
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District Contract No. C-13660 in an amount not to exceed $45,000; authorizing
budget transfers required for proper accounting purposes.
RESOLUTION NO. R2002-319
g. AGREEMENT — ALLOCATION OF DEVELOPMENT ENTITLEMENTS:
(TR9939) Executing an agreement for allocation of development entitlements
between Lennar Land Partners and the City of Tamarac.
RESOLUTION NO. R2002-320
h. SIGNATURE AUTHORIZATION — BANK ACCOUNTS (TR9966) Authorizing
signatures for bank accounts at Wachovia Bank, National Association, a/k/a First
Union National Bank,
RESOLUTION NO. R2002-321
i. ACCEPTING QUIT CLAIM DEED FROM BROWARD COUNTY (TR9952)
Accepting a quit claim deed from Broward County, Florida, of county -owned
property located in Tamarac, Florida, acquired by the county by virtue of the
property being delinquent ad valorem tax payments lands.
RESOLUTION NO. R2002-322
j. WATER AND SEWER DEVELOPER'S AGREEMENT — TAMARAC BRANCH
LIBRARY (TR9962) Executing a Water and Sewer Developer's Agreement with
Broward County, a Political Subdivision of the State of Florida, for the Tamarac
Branch Library Project, located at 8701 West Commercial Boulevard for one
non-residential water and sewer building connection requiring 8 ERC's for water
and 8 ERC's for sewer; requiring the payment of $25,600.00 in CIAC fees;
authorizing and directing the City Clerk to record said agreement in the public
records of Broward County.
RESOLUTION NO. R2002-323
k. ELECTRICAL SERVICE CONNECTIONS — IRRIGATION PUMPS: (TR9959)
Expending an amount not to exceed $105,000 for the design and installation of
electrical service connections by Florida Power & Light for the fifteen (15)
irrigation pumps which will be installed as part of Phase IV-B of the
Comprehensive Street Improvement Program.
RESOLUTION NO. R2002-324
I. GRANT APPLICATION — REPLACEMENT OF THREE STORMWATER PUMP
STATIONS: (TR9965) Seeking up to $750,000 in grant funding from the Florida
legislature through the Department of Environmental Protection for replacement
of three stormwater pumps providing for a $3,761,000 match from the city.
RESOLUTION NO. R2002-325
M. BID AWARD — HERBICIDE PURCHASE: (TR9961) Awarding Bid No. 03-01 B
for the purchase of aquatic, ornamental and turf herbicides from Helena
Chemical Company, Agro Distribution, LLC d/b/a Pro Source One, and UAP
Timberland LLC; authorizing an expenditure of funds in an amount not to exceed
$81,700.
RESOLUTION NO. R2002-326
n. CITY COMMISSION RULES OF PROCEDURE: (TR9955) Adopting rules of
procedure for the City Commission which provide for definition of relevant terms,
outline the commission meeting agenda, provide for notice of meeting, provide
for rules of conduct of commission and residents, provide for enforcement, and
provide for voting procedures.
RESOLUTION NO. R2002-327
November 13, 2002
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END OF CONSENT AGENDA
REGULAR AGENDA
7. TIME EXTENSION — YBR PROPERTIES INC. SITE PLAN. (TR9960) Motion
to approve Resolution granting a time extension of one (1) year for Final Site Plan
approval for YBR Properties, Inc., requested by Jean Cascio Esq., attorney for the
applicant (Case No. 28-SP-02). City Attorney Kraft read Temporary Resolution 9960
by title. Commissioner Sultanof seconded by Commissioner Mishkin moved approval.
On roll call Commissioner Sultanof voted "yes", Commissioner Mishkin "yes",
Commissioner Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-328
ORDINANCES — FIRST READINGS
8. AMENDING CHAPTER 10 OF THE TAMARAC CODE - "LAND
DEVELOPMENT REGULATIONS": (TO1974) Motion to adopt Ordinance on first
reading amending Chapter 10 entitled, "Land Development Regulations", Article V
entitled, "Improvements", Division I entitled, "Generally", Section 10-154 entitled,
"Engineering Plans and Specifications" by amending the regulations, requirements and
procedure by which final engineering plans and specifications are submitted and to
allow for submittal and approval of plans and specifications that include drainage, water
supply, sewage collection and any other information deemed necessary by the City
Engineer prior to the issuance of building permits (Case No. 19-Z-02); providing for
codification. City Attorney Kraft read Temporary Ordinance 1974, revision #5, on first
reading by title. Commissioner Sultanof seconded by Commissioner Roberts moved
approval. On roll call Commissioner Sultanof voted "yes", Commissioner Roberts "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
9. AMENDING CHAPTER 10 OF THE TAMARAC CODE — "LAND
DEVELOPMENT REGULATIONS": (TO1986) Motion to adopt Ordinance on first
reading amending Chapter 10 entitled, "Land Development Regulations", Article V
entitled, "Improvements", Division 6 entitled "Utilities", Section 10-250 entitled, "Same
materials for pipe and fittings", amending the identification of water distribution system
mains and service pipe materials within the code to identify water distribution system
mains and service pipe materials within the "Utilities Department Engineering Standards
and Details"; providing for codification. City Attorney Kraft read Temporary Ordinance
1986, revision #1, on first reading by title. Commissioner Roberts seconded by
Commissioner Sultanof moved approval. On roll call Commissioner Roberts voted
"yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", and Mayor Schreiber
"yes". Motion carried.
APPROVED ON FIRST READING
10, AMENDING CHAPTER 2 OF THE TAMARAC CODE — ELIMINATING
REFERENCE TO THE CHARTER BOARD: (TO1985) Motion to adopt Ordinance on
first reading amending Chapter 2 of the Tamarac Code entitled "Administration",
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Article V, entitled "Conflicts of Interest", Section 2--272, entitled "Duty to Report
Violations" and Section 2-274, entitled "Enforcement by Suit" by eliminating reference to
the charter board; providing for codification. City Attorney Kraft read Temporary
Ordinance 1985 on first reading by title. Commissioner Sultanof seconded by
Commissioner Mishkin moved approval. On roll call Commissioner Sultanof voted
"yes", Commissioner Mishkin "yes", Commissioner Roberts "yes", and Mayor Schreiber
"yes". Motion carried.
APPROVED ON FIRST READING
11, SENIOR HOMESTEAD EXEMPTION: (TO1987) Motion to adopt Ordinance on
first reading granting an additional homestead tax exemption of $10,000.00 to resident
homeowners who have legal or equitable title to real estate, who are at least 65 years
of age, and whose annual household income does not exceed $20,000.00, pursuant to
Section 196.075, Florida Statutes (1999), as amended. City Attorney Kraft read
Temporary Ordinance 1987, on first reading by title. Commissioner Roberts seconded
by Commissioner Sultanof moved approval. Mayor Schreiber said he has been trying
for three years to get a $25,000 Senior Homestead Exemption approved for Tamarac,
and while he would prefer $25,000, the $10,000 is a beginning. Mayor Schreiber spoke
about the public getting an initiative referendum to be put on the upcoming ballot, or, in
the alternative, waiting until next year to see if the City would approve $20,000 or
$25,000. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
APPROVED ON FIRST READING
PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER
ORDINANCES — SECOND READINGS
12. AMENDING CHAPTER 12, "LICENSE AND BUSINESS REGULATIONS":
(TO1981) Motion to adopt Ordinance on second reading amending Chapter 12,
"License and Business Regulations", Article II, "Occupational Licenses", Section 12-39,
"Amount of Fee" of the City of Tamarac Code of Ordinances by modifying certain
occupational license classifications to conform with Chapter 205, Florida Statutes and
to conform with classifications that are commonly used and currently included in the
city's HTE Occupational Licensing System, and to clarify the meaning of the category
"Accessory Use" (Case No. 23-Z-02); providing for codification. City Attorney Kraft read
Temporary Ordinance 1981, revision #1 on second reading by title. Commissioner
Sultanof seconded by Commissioner Mishkin moved approval. Community
Development Director King gave a presentation. Commissioner Sultanof asked how
our fees compare to those of other cities, and Community Development Director King
said we are equitable with surrounding municipalities. 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 Mishkin "yes", Commissioner
Roberts "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-26
13. AMENDING CHAPTER 2 OF THE CODE — PROVIDING FOR PROCEDURES
TO FILL VACANCIES ON BOARDS AND COMMITTEES: (TO1984) Motion to adopt
Ordinance on second reading amending Chapter 2 of the Tamarac Code entitled
November 13, 2002
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"Administration", Article II "City Commission", Section 2-31, entitled "Appointed boards,
commissions, committees to elect chairman, vice-chairman; absenteeism of members";
providing for procedures to fill vacancies; providing for codification. City Attorney Kraft
read Temporary Ordinance 1984 on second reading by title. Commissioner Roberts
seconded by Commissioner Sultanof moved approval. Commissioner Roberts thanked
staff for this ordinance and City Manager Miller thanked the City Clerk for the ordinance.
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
Sultanof "yes" Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion
carried.
ORDINANCE NO. 0-2002-27
14. AMENDING CHAPTER 6 ARTICLE V OF THE TAMARAC CODE —
"PURCHASING PROCEDURES": (TO1933) Motion to adopt Ordinance on second
reading amending Tamarac Code, Chapter 6, "Finance and Taxation," Article V
"Purchasing Procedures," Section 6-146, "Scope of Purchasing Authority," amending
Purchasing and Contracts Manager's authority to execute contracts, agreements and
other instruments increasing amount from $10,000 to $30,000; amending Section 6-
151, "Exception to bid and proposal requirements", clarifying non-competitive items by
adding services, to include specialized consulting or contracted services, and amending
Purchasing and Contracts Manager's authority to execute agreements, increasing
amount from $10,000 to $30,000 before commission action is required; and providing
for codification. City Attorney Kraft read Temporary Ordinance 1933 on second reading
by title. Commissioner Sultanof seconded by Commissioner Roberts moved approval.
Mayor Schreiber opened the public hearing. Seymour Epstein took the podium and
said it is difficult for the audience to hear those on the dais. With no one else wishing
to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner
Sultanof voted "yes", Commissioner Roberts "no", Commissioner Mishkin "yes" and
Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2002-28
QUASI-JUDICIAL HEARINGS
15. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN —
CATALINA PLACE: (TR9954) Motion to approve Resolution issuing Revised
Development Order No. 323.1 and granting New Development Site Plan approval to
Catalina Place to allow the construction of an eighty-six (86) unit townhome
development with a pool and cabana and associated parking, landscaping and
infrastructure improvements, located at the northwest corner of NW 64th Street and
NW 74th Avenue, specifically Portions of Tract 4 and 5, Section 10, Township 49
South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according
to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of
Broward County, Florida (Case No. 19-SP-02); providing for conditions of approval.
City Attorney Kraft read Temporary Resolution 9954, revision #1 by title. Commissioner
Sultanof seconded by Commissioner Mishkin moved approval. City Attorney Kraft
explained the quasi-judicial procedures, and Attorney Gerald Knight waived his quasi--
judicial rights on behalf of the applicant. Community Development Director King gave a
presentation and discussed concerns presented to staff from residents of the
November 13, 2002
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neighborhood. Commissioner Sultanof said the last time the residents appeared before
the Commissioners they complained of outsiders speeding through the neighborhood,
but there is evidence that 70% of the violations issued from October 18-21 were to
residents of the neighborhood. Commissioner Sultanof said the residents must patrol
their own. Mayor Schreiber opened the public hearing, and Attorney Knight gave a
presentation and introduced Tony Mijares of United Homes and Chris Hagen, Traffic
Engineer. A rendering of the project was shown to the Commissioners and the
audience. Commissioner Sultanof asked whether we could monitor the concerns noted
by the neighborhood and do what is feasible to make sure that their requests are
pursued. Community Development Director King said our engineers would make an
initial study of the area and contact the County to make them aware of those issues so
they could begin their own study. Commissioner Sultanof spoke about a traffic light and
said it is hard to get lights, but we may be able to pursue a warrant through the County
so it does not break the line of traffic. Sam Schwartz, Concorde Village, asked what the
units would sell for, and Attorney Knight said $150,000 - $180,000. Charles Bryant,
Vanguard Village thanked the staff and commissioners for their efforts, and spoke
about traffic concerns and maintaining the pristine condition of the neighborhood.
Mayor Schreiber said the situation would be monitored. Tony Santiso, 6604 NW 74
Avenue, spoke about traffic and requested only one ingress/egress for the project.
Mayor Schreiber and Tony Mijares, chairman of United Homes, explained the safety
issue and fire department requirements. Bernard Barrineau, Vanguard Village, said
there is no impact. Lori Lazaro, 6319 NW 74th Ave., asked the developer to make sure,
when relocating the wildlife, to keep the two foxes together, as they mate for life. With
no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call
Commissioner Sultanof voted "yes", Commissioner Mishkin "yes", Commissioner
Roberts "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2002-329
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the Commission, Mayor Schreiber
adjourned the meeting at 8.10 p.m.
MARION SWENSON, CMC
CITY CLERK
November 13, 2002
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