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HomeMy WebLinkAbout1990-11-21 - City Commission Special Meeting MinutesCity Council Special Meeting 11/21/90/KJ Page 1 CITY OF TAMARAC CITY COUNCIL SPECIAL MZZTING NOVZMBER 21, 1990 CAA -TO Q$,p$$+ Mayor Abramowitz called this meeting to Order at 1:30 P.M. in Conference Room 1. PAS S EN,T! Councilman Larry Bender Councilman Henry Schumann Councilman Henry Rohr " Vice Mayor Bruce Hoffman Mayor Norman Abramowitz AL$D -PRSSSNT LL John Kelly, City Manager Dina McDermott, Assistant City Manager Mike Couzzo, Assistant City Manager Karen Jackson, Secretary =tem i� Accelator - Water Plant Expansion Program City Manager Kelly said ,the reason for this discussion is to alert Council to the fact that this is due and the workshop was held in July. He said Bob Foy, Director of Utilities/Engineering, submitted a memo requesting authorization to prepare the necessary public notification to properly advertise for the Accelator Project. He said the monies are in place and the attorney has reviewed it. V/M Hoffman asked if Council approved going out to bid on this program and City Manager Kelly said no. Mayor Abramowitz said he would like more information regarding this. V/M Hoffman asked if $1,300,000.00 is all there is in the CIAC Fund or if is there more not being used. He asked if $700,000.00 is money that has been appropriated based on the buying of the Accelator Project and City Manager Kelly agreed. V/M Hoffman asked if it is possible to eliminate the use of $100,000.00 from the Revenue Fund. City Manager Kelly said the expectation is to not use the Revenue Fund. He said this project would be covered from the CIAC Fund and the Bond Issue Fund. He said Mary Blasi, Finance Director, is determining the money in the CIAC Fund at present. V/M Hoffman suggested waiting for more facts to make a decision. City Manager Kelly said there are sufficient monies for this project. V/M Hoffman said there are not, if $100,000.00 has to be taken from the Revenue Funds at present. He suggested the exact amount of money the City has be determined how much is needed and bring it back to Council. City Manager Kelly said he would like all of the questions asked tt`be answered. He said the first concern was authorizing without going to Council. He said if the project has been approved and the monies have been approved in the budget then, routinely, the City Council Special Meeting 11/21/90/KJ Page 2 City authorizes the advertising of projects. He said because of the magnitude of this project, it has been brought before Coupci.l again. He said ordinarily, the preliminaries of advertising alre not brought to Council for authorization. Mayor Abramowitz said based on the circumstances, he would Like more information to be sure this is something that is necessary and required. C/M Bender asked what the length of this project would be. City Manager Kelly said this is a package project. He said all of the money needs to be in place before advertising the project. City Manager Kelly said the questions that he cannot answer he. will refer to Bob Foy for a response. C/M Rohr asked how much money in the CIAC Fund is available for this project, eliminating the $100,000.00 from the Revenue Fur_d and if the Utility West Bond Residual is sufficient. Mayor Abramowitz said he disagreed and needs to know if this is a priority. C/M Bender asked what the options are for the City. He asked if 50% can be done at one time. City Manager Kelly said the whole package would have to be dote. He said the Consulting Engineers have provided this information to the City. Mayor Abramowitz said Council would like to hear from Bob Fcy regarding this project. C/M Schumann said on Page 9 of the Council minutes, Bob Foy said there was $2,150,000.00 in the CIAC Fund and nothing would come out of the TUW Revenue Fund. City Manager Kelly said clarification is needed regarding the funding issue in the need for the project. He said it was reviewed whether a Referendum was needed in order to reauthDrize this project and is not needed per City Attorney Ruf. ITEM 2-, Retention Ponds City Manager Kelly said retention ponds are important in order for the City to grow. He said new land that .is developed must have an area to which they can send the drainage that falls on the site. He said in May, 1988, Mr. Greenwood, previous Director of Utilities, sent a memo identifying his concerns regarding the status of diminishing number of retention ponds. He said at that time, Tamarac had 4 acres of canals or lakes available for sale for water retention. He said if there is no land available tc sell for this, it cannot be sold to the developer and the developer cannot build without it. City Manager Kelly said at that time there were 215 acres of undeveloped land that was zoned for commercial and 575 acres cf undeveloped land zoned for residential in Land -Sections 3, 4, 5, 6, 8, 9 and 10. He said an estimate of 11 - 15 acres of additional areas will be needed for future development. He said at present, Bob Foy is confirming that the City has 0.147 acres of retention available for sale. City Council Special Meeting 11/21/90/KJ Page 3 City Manager Kelly said it is Bob Foy's opinion that the City has an obligation to provide an additional 1/2 acre of retention to the present owner of the old Public Works site, which is a deficit of approximately .353 acres. He said this means that if a new developer comes to Land Sections 3, 4, 5, 6, 81 9 and 10 tomorrow, and was not able to provide retention in accordance with the Code, the project would have to be denied by the City. V/M Hoffman said the Code said the developer provides his own on - site retention. City Manager Kelly agreed. He said Bob Foy was looking for $160,000.00 to be budgeted this year, but this was not budgeted. Mayor Abramowitz asked about Florida Power and Light and City Manager Kelly said that would be where the land would be found. He said there is sufficient land on Southgate Boulevard where the FP&L power lines are located. He said the City can build there and the monies needed would be used to build the retention ponds on that land. He said that property belongs.to the City but FP&L has an easement over that land. V/M Hoffman asked if the developer would pay the City for building on the land and why that money could not be used to dig the retention pond. City Manager Kelly said the City must have the retention pond to sell to the developer. Discussion was held regarding the need for the retention ponds prior to selling to a developer. C/M Schumann said this situation is a precedent condition. Mayor Abramowitz said the -land on Southgate Boulevard does belong to the City but contractually the City needs permission from FP&L, who has given the City permission to use the land for retention ponds. V/M Hoffman asked what the land would look like after the retention ponds are built. City Manager Kelly said it would be a swale area. Mayor Abramowitz said Bob Foy described it as a dry well. Assistant City Manager Couzzo said it would be a Swale similar to what is at the Broward Mall. He said the grades will have to be reconfigured creating storage capacity. Mayor Abramowitz said there seems to be no option and City Manager Kelly agreed. City Manager Kelly said $160,000.00 is not presently budgeted. V/M Hoffman asked if this could wait until the next budget year. City Manager Kelly said the City could always wait but if a developer wants to build, the City would have to deny them. Mayor Abramowitz asked if a portion of this could be done and V/M Hoffman asked if there are any CIAC Funds available to use for this project. City Manager Kelly said he is researching it. Mayor Abramowitz said he is in favor of putting this in place to City Council Special Meeting 11/21/90/KJ Page 4 avoid turning away developers due to this. C/M Rohr asked if the City could borrow from the CIAC Fund and replace it when the money is received from the sale of the land. City Manager Kelly said Council sets the rates for the fee. Mayor Abramowitz said there is a hold up between FP&L and the City regarding the property on Southgate Boulevard. He said.FP&I insists that the City purchase an insurance policy and the City is self --insured. He said the whole agreement is $5.000.00 per year He said FP&L wants the City to purchase a policy to protect FP&L, He said it is FP&L's policy in Broward County to have every City get an insurance policy. He said FP&L can tell the City that the City cannot use this land even though the City owns the land. He said this is the contract someone else signed with FP&L. C/M Schumann said FP&L requires a hold harmless agreement. City Manager Kelly said Susan Tillman, Risk Manager, has rejected what FP&L is charging for this agreement. Mayor Abramowitz said he contacted Bob Huebner, attorney fox FP&.L, and Mr. Huebner is going to try for get FP&L to forego this requirement and let the City's self-insurance policy be enough, C/M Schumann said FP&L wants corporate surety behind it in lieu of self-insurance and he said it is a perpetual policy. Mayor Abramowitz said Mr. Huebner said he will know more on Monday. C/M Schumann asked what the City is doing to requixe a hold harmless agreement. City Manager Kelly said digging the retention ponds. ITEM 3: Multi -Purpose Cantor City Manager Kelly said the Multi -Purpose Center is about ready. Assistant City Manager Couzzo said it should be completed and ready for a Certificate of Occupancy by Tuesday, November 27, 1990. He said the parking lot will be paved and will be able to be used for the Grand Opening. He said the parking lot is to th.e east of the new parking lot, which was the old tennis courts, and the area to the east of that is for the overflow parking. He said an agreement is being negotiated with Tamarac Elementary School to use their parking on a regular basis. He said the school is putting in a new parking lot to the north of where the old tennis courts. were . Assistant City Manager Couzzo said the City is working on taking the fence down at the location permanently. V/M Hoffman asked if the agreement was finalized with the Board of Education on the fees and expenses incurred. City Manager Kelly said it looks as though the Board of Education will accommodate the City with the money requested. He said the Board of Education has submitted something that they had approved which was less of a percentage. He said they had a concern of whether to place two meters on the property, one for the Multi - Purpose Center and the other for the old Recreation Center and other facilities. He said the City was negotiating for a meter for the Multi -Purpose Center and to pro -rate the cost on that. He said their usage would be from 8:00 A.M. to 5:00 P.M. He said in City Council Special Meeting 11/21/90/KJ Page 5 doing so, they were covering the bulk of the costs. City Manager Kelly said the City has been able to get the Board of Education to pick up all of the capital costs such as the buffer and other equipment amounting to approximately $30,000.00. He said their engineering and facility service personnel look at it and they suggested a percentage of one meter that would cover all of the grounds including the Recreation Center and other facilities with paying 34% of the total cost of the entire complex. He said after doing an analysis of this proposal, it would be better to raise that to approximately 50% of the total cost of the entire complex. V/M Hoffman asked about the maintenance costs. City Manager Kelly said they will have their own people during the day but the City would do the serious maintenance work. He said this is the purpose of them purchasing the capital. V/M Hoffman asked about the janitorial costs. Assistant City Manager Couzzo said the Coaches room and bathrooms will be maintained by the Board of Education. He said the gym floor is maintenance free and only needs to be dustmopped and cleaned. He said the gym floor will be inspected on a twice -a -day basis after the City has utilizers it to insure that no damage is done. He said if damage does occur, the appropriate party will be charged for the damages. He said the main cost is the utilities cost. Mayor Abramowitz said a workshop meeting will be held to discuss the meeting rooms and the fees. He requested the information be gathered regarding this. Assistant City Manager Couzzo said Staff is presently evaluating the requests received to utilize the facilities. He suggested until Council has the opportunity for changing the existing policy for wage and fee structures, they follow the existing policy. He said they are looking to be operating on a full-time basis on December 3, 1990. Mayor Abramowitz said to let Council make that decision. He said there was a rumor that the City was not going to sign a contract with the school and was not going to allow the children to use the gym. He said he wants to allow them to use the gym as soon as it is ready. , City Manager Kelly said the purchase orders have been processed to purchase the equipment. C/M Rohr said all should be able to be used by December 3. 1990, except for the meeting rooms. City Manager Kelly said the City is covered by insurance. V/M Hoffman asked if the School Board is contributing to the insurance costs and Assistant City Manager Couzzo said they have their own insurance policy. Further discussion was held regarding insurance. ITEM 4: Public Service Administrative Complex Assistant City Manager Couzzo said it is moving ahead of schedule and the project is well under way. He said the walls are up and City Council Special Meeting 11/21/90/KJ Page 6 all of the site work is complete. He said the craftsmanship is outstanding and commended the contractor. He said he anticipates June or July, 1991, as the completion date. Mayor Abramowitz asked about the turn lane for the Multi -Purpose Center. Assistant City Manager Couzzo said due to the design with the State, the architect may require some relocation of utilities which were not originally required to be relocated such as junction boxes and other electrical items needed. Mayor Abramowitz asked if there will be additional monies spent. Assistant City Manager Couzzo said he has told them that he does not expect any more money for this project. V/M Hoffman said he would like to go to Item 6 to find out where the money is coming from to pay for all of the building. Discussion was held regarding the dedication plaque for the Multi - Purpose Center. ITEM 3! Old City Hall negotiations City Manager Kelly said he met with City Attorney Ruf and his recommendation was if they want to move as quickly as possible, they draft the initial proposal concrete and submit it to the City. He said he has had a number of calls from residents and there are people in the community that are agitating the situation by rumors. He said he will be speaking at a Homeowner's meeting to do them that Council is taking every precaution to assure the right thing for the City. C/M Bender suggested that City Manager Kelly release a public statement for the newspapers of exactly what the Council is considering to stop these rumors. He said the newspapers will publish whatever is released to them. C/M Schumann said when Council holds workshop meetings for discussion of topics in the basic forms, the next day there is a foregoing conclusion published in the newspapers. V/M Hoffman said these prospective buyers have agreed to everything the City has asked for to present. Mayor Abramowitz said nothing is final until it is writing. C/M Schumann said Council agreed that no child would be admitted under 18 unless accompanied by an adult. He said "adult" needs to be clarified. Mayor Abramowitz said the terminology should read "parent". Discussion was held regarding the terminology of the accompanying person. '1`APM Z ITEM 14; Old Public Works site City Manager Kelly said the cleanup is being monitored. Assistant City Manager Couzzo said the CAR (Contamination Assessment Report) has been completed and submitted to the Environmental Quality Control Board. He said EQCB believes that they will have a complete review of that document in a week. Re City Council Special Meeting 11/21/90/KJ Page 7 said the RAP (Remedial Action Plan) is also submitted. He said this is the plan that the owner is going to take to remediate the contamination. He said this also has to be approved by EQCB. He said the Plan is 80% complete because it has to be supplemented by the comments that come back from the first plan. He said he anticipates an approved RAP program by the beginning of 1991. C/M Rohr asked how long after this the job can be completed and begin receiving the money. C/M Bender asked when is it estimated to be able to begin getting some money back from this. Assistant City Manager Couzzo said this is an EDI (Early Detection Incentive) site. He said the City has applied for the reimbursement monies that the City has already outlaid. He said the length of time it takes to clean up the site depends upon the complete submittal and an approved RAP. V/M Hoffman asked how the City is paying for the new construction. City Manager Kelly said the construction is being paid for by the monies received from that site. He said the interest had been used to pay Mr. Berkowitz and now the money is being used for this project. He said Chevron has submitted site plans to the Community Development Department and they have met with the engineers from Hazen and Sawyer. He said Chris Carsky, litigator, has been working on the City's behalf and is very knowledgeable regarding this. City Manager Kelly said Chevron is willing to accept the monitoring wells. He said the contamination is restricted to the site where Chevron is proposing to build. He said Chevron is very anxious to close to move ahead with their project. Assistant City Manager Couzzo said Amoco and Shell are under remediation at present. He said they pump the water across a filtration device to clean the contaminate out. He said it is not noticeable to the public. He said this could take 4 to 5 years to complete. City Manager Kelly said EQCB has done quite well for the City. He said the money was used for that project. C/M Bender asked what can be used against the old Public Works site. City Manager Kelly said the City is using the money that Mr. Berkowitz deposited for the construction of his project. Assistant City Manager Couzzo said the only thing that is stopping Chevron from undertaking construction is the approved RAP from EQCB. He said once they get the approved RAP, they will be able to begin construction. He said the receipt of these letters is the major part of the overall process. C/M Bender said he would like something in writing as to when the City will be in total possession of the money. He said he does not feel comfortable about spending money that may not be able to be spent. He suggested finding out how far the City may go within legal standards. City Manager Kelly said City Attorney Ruf is very involved in this Item. Mayor Abramowitz requested that City Manager Kelly get the City Council Special Meeting 11/21/90/KJ Page 8 update and bring back to Council. City Manager Kelly said two other properties are being rented to run the Public Works functions and, as soon as this project is completed, the money from the rentals will be saved. V/M Hoffman said his concerns are regarding the money being spent and if the City is entitled to this money. He said he would rather stop the developer from doing more work if there is any chance that the City is spending money that it is not entitled to. C/M Rohr said he understood that the land was sold and the only reason that Chevron could not take title was that the land had to be clean of any environmental contaminants. Mayor Abramowitz said the tank split in half when bringing �.t vp and there was some slight contamination. City Manager Kelly said the tank had ruptured and the fiberglass tank inside had pinholes in it which created the great .concern. He said testing is being done as to what extent of contamination levels there was. V/M Hoffman asked suppose this takes 3 or 4 years to resolve, is there a point where Mr. Berkowitz can say the agreement is over because the Chevron agreement was lost because they do not van-: to wait any longer. City Manager Kelly said he has the report on the gasoline tax as requested. He said the Federal Excise Tax is exempted and is shown as a credit on the invoices and there are no Florida Staxe Sales Taxes applied to any pump prices. He said the following taxes are a part'of the pump prices; .109 in State Excise Tax, .06 in Local Option Excise Tax, .00642 for the Florida Suprafund Act and .0035 in Federal Suprafund Tax. City Manager Kelly said the City is eligible for fuel tax refunds from the State and the State refund is 7.9 cents per gallon, He said the Finance Department applies for these refunds on a quarterly basis. V/M Hoffman asked if the City pays all of these taxes when purchasing gas from its own pumps. He said he feels the City does not have to pay all of those taxes when receiving from the City's own pumps. Assistant City Manager Couzzo said regardless of whether the gasoline is purchased retail or wholesale, the City must pay some of those taxes which are included in the price of the gasoline. Mayor Abramowitz asked that more information be obtained regarding this tax issue. XTZX 7: Logo Contest C/M Rohr asked if there are logo companies that will do the work and do not require to be paid unless the work is taken and C/M Bender disagreed. Assistant City Manager McDermott said Administration decided to try and obtain a new logo to reflect the City's new theme of a growing community, light industry, light business and families, She said she secured Sun Bank as a sponsor for a $500.00 Savings Bond to be a prize. She said there have been logo contests in the City Council Special Meeting 11/21/90/KJ Page 9 past which were not successful. Assistant City Manager McDermott said a Committee was formed of the two Vice -Presidents from Sun Bank, Alternate Mort Cherry from the Public Information Committee and Nancy Ramoni, Electronic Publications Specialist, City Clerk's Office. She said the judges based their decision on the criteria the City is looking for in the theme. Assistant City Manager McDermott displayed all of the fifteen entries for Council. She said the Logo Committee chose "L" as first choice -bicycles to show family in color, "M" same as "L" in black and white as a second choice and "N" showing an egret, taking out the recycling emblem as a third choice. She said Council is given the choice out of all logos for a determination and, if Council chooses to try again through another contest, it is Council's decision. Assistant City Manager McDermott said in response to a question regarding the costs involved in changing the logo, the new logo would be phased in as supplies are ordered. She said it will take approximately 2 - 3 years to completely change over to the new logo. V/M Hoffman said he likes "N" removing the recycling emblem and Mayor Abramowitz agreed. V/M Hoffman suggested placing a small Picture of City Hall in the background. C/M Rohr said he does not feel "N" represents the City of Tamarac at all. He said he prefers "I" (picture of City Hall minus the people and add a bird). Assistant City Manager McDermott said the City is looking for environmental concerns in their theme. She said Tamarac has over 21-1/2 miles of canals, waterways and lakes with lots of birds and Palm trees. C/M Bender said the bird needs to be a reduced and putting a bird with City Hall in the background would just cover it up. He said he does like "N" and "J" as a combination . C/M Schumann said he feels that a small City Hall should be behind the bird where the palm tree is. City Manager Kelly said he likes "N" minus the recycling emblem. Assistant City Manager Couzzo said "N". Discussion was held on the reduction of "N" with a City Hall in the background and how the current logo looks. VOTE: V/M Hoffman - "N" without recycling C/M Bender - "N" without recycling C/M Schumann - "N" C/M Rohr - NO Mayor Abramowitz' - "N" without recycling Discussion was held regarding the color, border and size of the writing, "City of Tamarac". Assistant City Manager McDermott asked if a slogan is needed for the logo. V/M Hoffman said a slogan is not needed. City Council Special Meeting 11/21/90/KJ Page 10 TAAPZ 3 MISCELLANEOUS Assistant City Manager Couzzo invited Council to the loth Annual Turkey Trot on Thanksgiving Day at 7:30 A.M. and he encourages participation. He said the route is 3.1 miles long and at present has over 300 entrants. City Manager Kelly said if Council is planning to pursue any Charter Amendments in March, 1991, two readings must be held and he suggested January 9 and January 22, 1991. He said the d.easline to the newspaper is January 22, 1991. V/M Hoffman asked that the Charter Board be notified of the time elements for this. GRANT, )rWn UM City Manager Kelly said Assistant City Manager McDermott needs to know if Council wants her to pursue the D & R Grant. Assistant City Manager McDermott said the Department of Natural Resources has a grant available which is for the Florida Department of Recreation and Services. She said she has a deadline of December 21, 1990 and she has researched the idea of going for the grant for the concession stand and restrooms. She said the Administration applied for the grant last year and it was denied due to it not being a primary or secondary facility. Assistant City Manager McDermott said if Council wants her to apply for the grant for the concession stand and restrooms, she needs to know presently, so she can spend the time needed to research the grant, Assistant City Manager McDermott said the City can apply for a Tot Lot which is eligible and is considered a primary facility. She said this would be free money which means no match is required. She said the concession stand would have to be matched. She said for every State dollar that the City receives, the City must match by $2.00 whether in cash or in -kind services. Mayor Abramowitz said this is a big job and Assistant City Manager McDermott agreed. Assistant City Manager McDermott said she would have to begin researching immediately for the concession grant and there is a very slim chance on getting it. She said for the Broward and Dade County areas, the State is looking for bike paths, swimming pools, hiking, canoe and picnicing areas. She said she can tie in a Tort Lot picnic area and apply for up to $50,000.00 and have no match requirement. C/M Rohr asked if the City could apply for a big grant and rather than sell the old City Hall, the City would use this for a park or swimming pool. Mayor Abramowitz said the insurance would be too high and C/M Schumann suggested putting in a zoo there. Assistant City Manager McDermott said she could apply for a Tat Lot which is for the very small children and it would be located at the Tamarac Sports Complex and adjacent picnic area. Assistant City Manager Couzzo said there is room for the picnic City Council Special Meeting 11/21/90/KJ Page 11 area in Phase 2, the north half of the design for which a playground and picnic area is designed. V/M Hoffman said go for it. Mayor Abramowitz said go for the $50,000.00 in free money for the Tot Lot. He said the Council wants to go for anything that enhances the City that can be accessed in the form of a grant. Assistant City Manager McDermott said the grant funds for the Multi -Purpose Center should be received within two weeks for the additional $150,000.00 legislative appropriation. She said the Grand Opening celebration for the Multi -Purpose Center will be held on Tuesday, November 27, 1990 at 7:00 P.M. She said Staff is expecting more than 1,000 people to attend. She said all of the legistics of the event have been worked out by the Committee working on this event. She said BSO will be directing traffic on University Drive and handling the parking lots. She said parking passes will be handed out to as many dignitaries as possible, including the Mayor, Council, County Commission, School Board Members and members from Tamarac Elementary. Assistant City Manager McDermott said the Committee has over 5 or 6 thousand dollars of sponsorship money for this event, including the free handouts, promotional items and ads, food and programs. She said Tamarac Athletic Federation is spending over $800.00 for refreshments and the PTO is spending over $300.00. Discussion was held regarding the refreshments, handouts, prizes, entertainment and autographs. She said University Hospital is donating the surgical shoe covers to protect the gym floor. Assistant City Manager McDermott said the entire BSO motorcycle unit will be patrolling and directing traffic. With no further business, at 3:00 P.M. ATTEST: Carol A. Evans City Clerk "This public document to inform the general and considerations of Mayor Abramowitz ADJOURNED this meeting 9WLOA, I NORMAN ABRAMOWITZ, MAYOR was promulgated at a cost of $161.12 or $3.58 per -copy: public, public officers and employees of req�eiit-"opin;ions the City Council of the City of Tamarac." . N: CITY OF TAMARAC APPROVED AT MEETING OF /dox-/ 9 0 City Clerk 1 f