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HomeMy WebLinkAbout1991-09-17 - City Commission Special Meeting MinutesI 7525 Northwest 88 Avenue Tamarac, FL 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSIONS September 13, 1991 Rev. 9/16/91 NOTICE OF SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Tuesday, September 17, 1991, at 9:30 a.m., in Conference Room #1 of City Hall, 7525 NW 88 Avenue, Tamarac, Florida. The following items will be considered by the Council: 1. DISCUSSION AND POJRIBLE ACTION concerning advertisement for a full time City Attorney. FINAL ACTION - APPROVED advertising in the Florida Bar News once on October 15, 1991, and in the Review for one month, to solicit a full-time City Attorney. 2• on the sale of the old City Hall building. FINAL _AQZ1QK, APPROVED a proposed contract with the following conditions: $525,000 Purchase price $375,000 Net at closing $150,000 Note held by City for 6 months with an 8.5% interest rate or at the discretion of the City Attorney, if opposed by buyer. 3• m awarding Bid #91-05 for the City's annual purchases of office supplies to Roth Office Supply effective 10/1/91 (tabled on 9/11/91). FINAL CTION: RESOLUTION R-91-162-PASSED APPROVED Page 1 9/17/91 0 4, concerning a request by Build -To -Suit Partners II to revise the note on the unrecorded PORTOBELLO PLAT to allow 37,770 square feet of retail use instead of 31,000 square feet and to remove references to office space for the WALGREENS AT WOODMONT project at the southwest corner of University Drive and NW 82 Court. FINAL ACTION_ RESOLUTION R-91-163-PASSED APPROVED 5. MOTION TO APPROVE a request by Cathay's Chinese Restaurant, 7001 N. Pine Island Road, for relief under Section 19-2 (b) of the Code for less garbage pick --ups than currently required by Code. FINAL ACTION: APPROVED a two (2) month extension from October 1, 1991 through November 30, 1991 to reduce the number of pickups per week from 6 to 4. This will take effect when the City Manager receives a letter from the hauler that all is appropriate. 6. DISCUSSION regarding referendum issues. FINAL AQJJOH: Discussion was held. 7, DISCUSSION AND regarding the analysis and preparation of commercial garbage franchise agreements. FINAL ACTION-: APPROVED a 30-day extension of the current commercial garbage franchise agreements from October 1, 1991 through October 31, 1991. APPROVED to authorize MAS to proceed immediately on a new contract for the commercial garbage haulers at a cost not to exceed $6,000. PUBLIC PARTICIRATION - 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. In the event this agenda must be revised, such revised copies will be available to the public at the City Council Meeting. The City Council may consider and act upon such other business as may come before it. Carol A. Evans City Clerk Page 2 9/17/91. 11 City Council Special Meeting 09/17/91/KJ Page 1 CITX OF TAMARAC CITY COUNCIL SPECIAL MEETING TUESDAY, SEPTEMBER 17, 1991 ('ALL TO ORDER: Mayor Abramowitz called this meeting to order on Tuesday, September 17, 1991 at 10:00 a.m, in the Conference Room #1 of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. Mayor Norman Abramowitz Vice Mayor Dr. Larry Bender Councilwoman Diane Glasser Councilman Henry Schumann Councilman Irving Katz ALSO PRESENT: John P. Kelly, City Manager Dina McDermott, Assistant City Manager Alan F. Ruf, City Attorney Kelly Carpenter, Director of Community Development Mary Blasi, Finance Director Carol A. Evans, City Clerk Patricia Marcurio, Office Manager, City Clerk's Office Karen Jackson, Secretary *********************************************************************** 1. DI&CMION AND POSSIBLE ANION concerning advertisement for a full-time City Attorney. SYNO11SIS OF ACTION: Discussion was held. (See Page 5 for final action) City Manager Kelly said the Council needs to make a determination as to whether or not the proposed ad is satisfactory. He said Council needs to decide what the timeframe should be for the advertising and what would be the deadline for the applicants. C/M Schumann said the fact that the Attorney must have a membership with the Florida Bar should be in the ad and all agreed. V/M Bender said the ad in the Broward Review placed by Miramar for an Attorney is a good one. Mayor Abramowitz said he felt it was lacking some information. City Manager Kelly said Miramar advertised for a full-time and a part- time attorney. He suggested the ad be simple, basic worded and include the requirement of the Florida Bar membership. C/W Glasser asked why Risk Management is one of the requirements when the City has a Risk Manager and City Manager Kelly said it is not a requirement but it is an added asset. V/M Bender said he does not feel it is needed in the ad. C/M Schumann said he feels the ad as written is good and will draw the attention of someone who is looking for the position. C/W Glasser said she would like a large heading on the ad in bold print. Mayor Abramowitz asked what the length of time would be and City Manager Kelly said the Florida Bar News advertises on the 1st and the 15th of each month which would allow,for 30'days. Mayor Abramowitz said there are other people besides attorneys that read the Broward Review and it should be published there instead of in the Sun Sentinel. C/W Glasser suggested it be placed in more than one publication. City Council Special Meeting 09/17/91/KJ Page 2 City Manager Kelly said the advantage of having the ad in the Sun Sentinel or the Miami Herald is that the layman contacts their attorney friends and informs them of the ad and others have been out-of-state applicants. Mayor Abramowitz asked if the cost includes all of the publications and City Manager Kelly said he would get the prices from the Personnel Department. C/M Katz said the Florida Bar News is distributed throughout Florida an there may be municipal attorneys in other communities that may be interested. V/M Bender said the Miami Review gives the coverage of Miami, Broward and Palm Beach. Mayor Abramowitz said he feels that an ad of this nature in the Florida Bar News must be at least $600. Assistant City Manager McDermott said the ads are priced according to the size of the ad. She said the exposure is for all three papers with the Miami Review. Mayor Abramowitz suggested Council decide which publications to use and C/M Schumann suggested the Florida Bar News for more coverage. C/W Glasser said she feels the Miami Review is also needed and V/M Bender suggested both papers be used. V/M Bender MOVED to utilize the Florida Bar News and the Miami Review to solicit the City's ad for a full-time. City Attorney, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE Mayor Abramowitz requested the length of time to run the ad. Assistant City Manager McDermott suggested that Council decide on an application deadline. C/M Katz MOVED the ad be run two consecutive times in both publications on October 15 and November 1, 1991. C/W Glasser said she feels that one run in the Florida Bar News is sufficient and two in the Miami Review. Mayor Abramowitz asked what the deadline is for the Miami Review and Assistant City Manager McDermott said it is a daily paper. C/M Katz asked what kind of deadline is being set for interviews and for the applications. Mayor Abramowitz suggested the ad be run once in the Florida Bar News. C/M Katz MOVED to run the ad once in the Florida Bar News on October 15, 1991 and run once a week in the Miami Review for four consecutive weeks. City Manager Kelly said Wednesday is the day people look for job opportunities. C/M Katz suggested it be advertised for four weeks from September 17 through October 15, 1991 and it may need to be increased if there is not enough exposure. Mayor Abramowitz said the out-of-towners respond first and then the locals, based on past experience. V/M Bender asked what the pricing is for these ads. Mayor Abramowitz said if the City goes one day per week, it will be $20.30 per line and at three times per week, it will be $13.04 per line. s City Council Special Meeting 09/17/91/KJ Page 3 Mayor Abramowitz said these are the prices for the Miami Herald, not the Miami Review. Mayor Abramowitz requested the prices be checked and continue on this item after the prices are received. 2. DISCUSSION AND POSSIBLE ACTION on the sale of the old City Hall building. APPROVED a proposed contract with conditions. City Manager Kelly said he and the City Attorney have been meeting with the representative from the Jehovah Witnesses. He said they have offered to meet the City's price of $500,000 for the structure. He said there were a few contingencies that have been worked out for the most part. He said the representatives had a lot of concerns about meeting the requirement of a stipulated agreement paying the rateable on the taxes each year. He said they did agree to the concept of paying the rateable but when their attorney got involved, he felt it would be very difficult to have their congregation accept that and offered to raise the price. City Manager Kelly said they agreed to add an additional $25,000 to the price with a contingency of the City holding the paper for six months on $150,000. He said based on the interest, the $25,000 would equal seven years in taxes to the City. City Attorney Ruf said there were three contingencies in the contract: one was that they sell their building or get financing, the second was that the building be proven to be structurally sound and the third was that they could have two minister's residences and they are willing to take these contingencies out of the contract. C/M Schumann asked if the zoning would have to be changed to allow the minister's residences and City Manager Kelly said it is allowable based on the type of use and this has been researched by Kelly Carpenter, Director of Community Development. City Attorney Ruf said the final amount of the contract will be $525,000 with $375,000 at the time of closing and the City will hold a mortgage for six months in the amount of $150,000 with no taxes and fees in the future. Mayor Abramowitz suggested Council make a move on this proposal. C/M Katz asked if this precludes the City collecting its impact fees and City Manager Kelly agreed. C/M Katz asked if there is going to be construction, remodeling or periodical inspections done and City Manager Kelly said that has been discussed with the representatives and they will be doing that. He said they have an advantage since many of their members perform these types of trades as part of their religious obligations and are licensed to do SO. V/M Bender requested the figures again and City Attorney Ruf said the purchase price is $525,000, $375,000 net at closing, $100,000 being held in trust, and a $150,000 note to be held by the City for six months. Mayor Abramowitz asked what the interest rate is and Ms. Blasi said this would be at a 6.75% interest rate. Mayor Abramowitz suggested an 8% interest rate be requested, which is not unreasonable. C/W Glasser suggested the City should receive the going rate for this. City Council Special Meeting 09/17/91/KJ Page 4 C/M Katz MOVED to ACCEPT the terms of $525,000, $375,000 net at closing, $100,000 being held in trust, and a $150,000 note to be held by the City for six months at an interest rate of 8.5%, at the discretion of the City Attorney, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 3. MOTION TO ADOPT Temn. Reso. #6126 awarding Bid #91-05 for the City's annual purchases of office supplies to Roth Office Supply effective 10/1/91 (tabled on 9/11/91). ,SYNOPSIS OF ACTION: RESOLUTION R-91-162-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6126 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6126, SECONDED by V/M Bender. C/W Glasser said she would like to have the business from Tamarac go to a business located in Tamarac. She said she feels it is important that the City support the businesses in the City. She said there was one bid from Tamarac but the prices were too high. Mayor Abramowitz asked if the City can restrict the location of the businesses when going out to bid and City Manager Kelly recommended against this. C/W Glasser said her concern was whether or not the lowest bidder would be able to keep up with the demand. City Manager Kelly said he feels the expression to support the local economy was good, but they need to be competitive. He said Roth Office Supply has a contract with Coral Springs and they meet the criteria of 24 to 48 hours. C/M Schumann asked if their prices include delivery and City Manager Kelly said, yes, within 24 to 48 hours. VOTE: ALL VOTED AYE 5. MOTION TO APPROVE a request by Cathay's Chinese Restaurant, 7001 N. Pine Island Road, for relief under Section 19-2(b) of the Code for less garbage pick-ups than currently required by Code. SYrOOPPSTS OF ACTION: APPROVED a two (2) month extension from October 1, 1991 through November 30, 1991 to reduce the number of pickups per week from 6 to 4. This will take effect when the City Manager receives a letter from the hauler that all is appropriate. C/W Glasser MOVED to APPROVE a two month extension effective October 1, 1991 through November 30, 1991 with a condition that a letter from the waste hauler be requested providing a statement that Cathay's Chinese Restaurant is not overburdening the pickup, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE r- L I City Council Special Meeting 09/17/91/KJ Page 5 4. MOTION TO ADOPT Tg=, Rag„g, #6130 concerning a request by Build -To -Suit Partners 11 to revise the note on the unrecorded PORTOHELLO PLAT to allow 37,770 square feet of retail use instead of 31,000 square feet and to remove references to office space for the WALGREENS AT WOODMONT project at the southwest corner of University Drive and NW 82 Court. RESOLUTION R-91-163-PASSED City Attorney Ruf read Temp. Reso. #6130 by title. C/M Katz MOVED to APPROVE 'Temp. Reso. #6130, SECONDED by C/M Schumann. Ms. Carpenter said the applicant had requested to change the note on their plat in August, which the Council approved, to reflect a smaller amount of office and an increased amount of retail space. She said their plat had limited them to a ratio of office and commercial. She said when the applicant had taken it to the County, the County felt that having under 2,000 square feet of office on a plat was unenforceable from their point of view. She said the County is requiring this change. C/M Katz asked how this will affect the parking formula for the shopping center and Ms. Carpenter said it does not affect it. TAPE 2 Ms. Carpenter said it is the City's job to check the parking when a business is going into the shopping center at the time a permit is requested. VOTE: ALL VOTED AYE 6. pxSCUSSION regarding referendum issues. SYNOPSIS OF ACTIQN* Discussion was held. (See Page 6 for further discussion) Mayor Abramowitz said whatever comes out of this meeting or the joint meetings with the Charter Board must be in the Supervisor of Election, Jane Carroll's, office by January 17, 1992. He said he has .requested a joint meeting with the Charter Board in the near future and at present, they are meeting to make their proposals. He said he would like to hold a general discussion at this time for Charter amendments and will start to call frequent meetings to discuss this. C/M Katz said he feels that there are items in the Charter that should be changed which are in direct conflict with the State Statutes and others based on personal convictions. He said he feels the way a Referendum is worded is more important than the number of them on the ballot. City Attorney Ruf said there are three opportunities to add Referendums to the ballot in 1992, which will be in March, September and November. He said he feels 1992 is a good year to complete housekeeping and to extend them over the three elections. 1, DISCUS3JQX AND POSSIBLE ACTION, concerning advertisement for a full-time City Attorney. SYNOPSIS OF ACTIO19, (See Pages 1 through 3 for previous discussion) APPROVED advertising in the Florida Bar News once on October 15, 1991, and in the Review for one month, to solicit a full-time City Attorney. Assistant City Manager McDermott said she spoke to Yvonne at the Miami Review and the paper runs daily, Monday through Friday, and the minimum time to place an ad is a consecutive five days. She said they price the ads based on sizes; therefore, the City of Miramar ad is a nine inch ad, which, if placed for one week is $1,242, for two weeks is $1,350. She said they do not have a daily rate, only a one week ad. City Council Special Meeting 09/17/91/KJ Page 6 C/M Katz asked if it is the same price whether it is run once or seven times and Assistant City Manager McDermott said, yes. Assistant City Manager McDermott said a one month rate for that size is $2,700, and for the five inch column ad, one week is $935, two weeks is $1,080, and one month is $1,890. She said they suggested that if the City gives them an ad for a month and they give the City the monthly rate, the City can cancel by a certain date; therefore, if the City only wants two weeks after receiving enough applications, the City cancels, and the City gets that monthly bulk rate. She said the City of Miramar advertised for two weeks, which was a two week ad for $1,350 and that is what they paid. C/W Glasser asked what two weeks would be on a five inch ad and Assistant City Manager McDermott said two weeks on a five inch ad is $1,080, which is probably closer to the size of Tamarac's ad. Assistant City Manager McDermott said the City can supply the printer with a camera ready art work display ad with the City logo and some fancy print and they will use it. She said she feels this is a good price and the City can have a nice looking ad. Mayor Abramowitz asked if Council wants two weeks and C/M Katz said the Motion is for two weeks and it should be approximately a five inch ad. He asked if the City runs it by the month will it be cheaper, even if the City cancels in two weeks. Assistant City Manager McDermott said if the City runs it by the month, they must be informed in advance and then the City can cancel it after two weeks if necessary. C/M Katz asked it will be cheaper than $1,080 and Assistant City Manager McDermott said it would be cheaper than $1,890. She said they will probably charge the $1,080. She said in this Friday's Special mailout, the 1991 Commercial Real Estate Report is like the Sunday paper and if the City places the ad right away, the City will get more coverage because it has a greater exposure and C/M Katz agreed. C/W Glasser asked when the ad must be placed to have it for the Friday paper and Assistant City Manager McDermott said tomorrow. Mayor Abramowitz said there is a Motion made that the ad be placed one time in the Florida Bar News on October 15 for two weeks. C/W Glasser suggested placing the ad for a month and Assistant City Manager McDermott agreed. C/M Katz requested the Motion be changed to a month and C/W Glasser SECONDED the Motion. Assistant City Manager McDermott'asked if Council wants to include the application deadline and Mayor Abramowitz said, yes. VOTE: ALL VOTED AYE 6. DISCUSSION regarding referendum issues. SYNOPSIS OF ACTION* Discussion was held. (See Page 5 for previous discussion) C/W Glasser asked when the first joint meeting is to be held and Mayor Abramowitz said when Council establishes a proposed list of Referendum items. C/W Glasser said she feels this should be started as soon as possible. C/M Katz said January 17, 1992 is the last date for the information to be received by Jane Carroll's office for the March election. City Council Special Meeting 09/17/91/KJ Page 7 Mayor Abramowitz requested all of the deadline dates for the information for all of the upcoming elections and City Clerk Evans agreed. 7. DISCUSSION AND POSSIBLE ACTION regarding the analysis and preparation of commercial garbage franchise agreements. SXXQRSIS OF ACTION: APPROVED a 30--day extension of the current commercial garbage franchise agreements from October 1, 1991 through October 31, 1991. APPROVED to authorize MAS to proceed immediately on a new contract for the commercial garbage haulers at a cost not to exceed $6,000. City Manager Kelly said this is an outgrowth of the MAS concern. Assistant City Manager McDermott said the City had requested that the MAS Audit Group review commercial garbage franchise agreements. She said there are agreements on the books which have not been reviewed in many years. She said these agreements are antiquated according to many Federal and State changes. Assistant City Manager McDermott said the City has requested the MAS Group to perform an analysis and preparation of the franchise agreements. She said the Ci.ty,currently has six companies operating in Tamarac. She said they would include the Federal and State regulations regarding trash removal, would review the following items and would prepare a contract for the City. Assistant City Manager McDermott said these items would include recycling mandates, monetary compensation for recycling, disposal of solid waste, disposal of medical waste, contractor's obligation regarding the above, a hold harmless agreement, performance and standardized customer balling, inspection of containers, the City's right to monitor and audit the company's books and the company to bear non --waiver rights and regulations. Assistant City Manager McDermott said one of the critical aspects that the City currently does not have protection for is the cost being absorbed by the City to do the audit. She said MAS has suggested that the City put language in the contract that the City can audit the books and have the company bear the cost of the audit. She said there are Federal and State regulations which include recycling which the City does not have in the existing agreements. She said the City could be in violation of State and Federal requirements. She said the cost of the study by MAS would be as follows: the analysis and contract preparation for the vendor would be between $5,000 and $7,000. V/M Bender said he would like the ability for the City to collect a fee for their rights to recycle to be included in this. He said every contract the City has had in the past did not exhonorate the City from any liability. Mayor Abramowitz asked if this summary costs $3,300 and Assistant City Manager McDermott said this is a partial summary. Mayor Abramowitz asked if the full report will cost more than $3,300 and Assistant City Manager McDermott said the report will cost $3,300 and the travel expenses will be approximately $1,200 and the total cost is not to exceed $4,500. Mayor Abramowitz said this is a synopsis of what has been reviewed by MAS. He asked if a further report will be received elaborating on the recommendations and Assistant City Manager McDermott agreed. Assistant City Manager McDermott said V/M Bender had requested a preliminary report to see what MAS has done and V/M Bender said he had contacted MAS and requested a draft of what had already been done and then the representative from MAS could come to the City to present the completed report to Council. City Council Special Meeting 09/17/91/KJ Page 8 Mayor Abramowitz asked if MAS is going to supply the City with a comprehensive report for $4,500, why is it $7,000 for the commercial hauling analysis and contract preparation. V/M Bender said the City wants to be sure that it is protected under the new Federal and State regulations to avoid penalties that will exceed $4,500. He said there will be more revenue coming into the City with the recycling from commercial businesses and this income will offset the costs the City is incurring at the present time. Assistant City Manager McDermott said the League of Cities, Public Technology and other reputable organizations recommended MAS. C/M Katz said his concern is the fact that on September 30, 1991, these garbage franchises expire and he asked if the Council will be able to get the appropriate information and have the ability to act on it prior to the expiration of the contracts. Assistant City Manager McDermott said there are two options which are to give the vendors a 30 day extension on their existing contract or do what the City wants. She said the preliminary .report from MAS show that the existing contracts may be extensively changed. She said the garbage haulers were contacted and informed of this possibility and were invited to the presentation by MAS. Mayor Abramowitz suggested a 30 day extension be given to the garbage haulers to give MAS enough time for an accurate study to be done and received by Council. V/M Bender said MAS intends to make their presentation to Council on September 27, 1991. City Manager Kelly suggested a 30 day extension for the contract. City Attorney Ruf said this can be done as long as all of the haulers are willing to extend the current contract. City Manager Kelly said the second Public Hearing of the Ordinance is scheduled for September 25,,1991 and at that time it can be continued for 30 days. C/W Glasser MOVED to APPROVE a 30 day extension on the garbage franchise contracts, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE V/M Bender MOVED to AUTHORIZE MAS to proceed with the garbage franchise agreement study not to exceed $4,500. There was no SECOND on this Motion. City Manager Kelly said many firms could do this audit; however, MAS seems to be the most qualified and have good recommendations. V/M Bender MOVED to AUTHORIZE MAS to proceed on the contract for the commercial garbage franchise agreements not to exceed $6,000, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE Assistant City Manager McDermott said MAS is available to make this presentation on Friday, September 27, 1991 at a Special City Council Meeting and Mayor Abramowitz said he would check with Council for availability. City Council Special Meeting 09/17/91/KJ Page 9 1 11 pi-PAR,ZICIPATION - 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. Melanie Reynolds, resident, asked if this needs to go out for competitive bidding and City Manager Kelly said not on the $3,500 for the preliminary report. V/M Bender said it is under $10,000 which is the Ordinance requirement. Ms. Reynolds suggested Council refer to Chapter 287 of the Florida Statutes. With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:50 a.m. RMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $125.36'or $2.79 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF ' 'ADI R-AC APP, OVER rz 411-hi mG City Clerk