HomeMy WebLinkAbout1993-01-27 - City Commission Regular Meeting MinutesCity Council Regular Meeting
1/27/93/PP
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, JANUARY 27, 1993
CALL TO ORDER: Mayor Bender called this meeting to order on
Wednesday, January 27, 1993, at 9:00 a.m. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
XLEDGE OF ALLEGIANCE!, Mayor Bender called for the Pledge of
Allegiance and a Moment of Meditation.
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Norman Abramowitz
Councilman Irving Katz
Councilman Joseph Schreiber
ALAn PRESENT:
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Phyllis Polikoff, Secretary
******************************************************************
3 a. MOTION To AUlL E the minutes of the following City
Council meetings:
1. 11/13/92 - Special Meeting*
2. 12/08/92 - Special Meeting
3. 12/09/92 - Regular Meeting
4. 12/23/92 - Regular Meeting
ITEM 3.a.1. REMOVED for discussion. (See Page 4 for Final Action)
C/M Schreiber MOVED to REMOVE Item 3.a.1. for further discussion,
SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
5• final payment in the amount of $22,196.30
to Utilities Services, Inc., for work performed on TUW
Project 88-24, Rehabilitation of Pump Stations 14A and 21, in
order to commence the one-year warranty period.
REMOVED at request of City Attorney Kraft.
Mr. Kelly recommended Item 5 be removed at City Attorney Kraft's
request.
C/M Abramowitz MOVED to REMOVE Item 5, SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
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M.
6. a. 1 to the contract with
R.J. Sullivan, Inc., decreasing the contract price by
$7,811.87 and extending the contract completion date by
an additional 14 days to complete bacteriological
testing and regulatory agency approval for TUW Project
88-10, Raw Water Wells 16 and 17.
b. MOTION_,TO APPROVE final payment in the amount of
$50,314.73 to R.J. Sullivan, Inc., for work performed on
TUW Project 88--10, Raw Water Wells 16 and 17, in order
to commence the one-year warranty period.
,SYNOPSIS OF ACTION:
REMOVED 6.a. and 6.b. at request of City Manager.
Mr. Kelly recommended Items 6.a. and 6.b. be REMOVED.
C/M Schreiber MOVED to REMOVE Items 6.a. and 6.b., SECONDED by C/M
Abramowitz.
VOTE: ALL VOTED AYE
7. 5 approving a revised site
plan and Water and Sewer Developers Agreement for GRANVILLE
project reflecting increased density with an additional 64
units, also creating eight 4-story buildings and additional
required parking (tabled on 1/13/93). (located on the north
end of the Kings Point Island, south of NW 80 Street)
S=QPSIS OF A9119H
REMOVED at request of City Manager Kelly due to failure to pass
fire -flow tests.
Mr. Kelly recommended Item 7 be REMOVED.
C/M Abramowitz MOVED to REMOVE Item 7, SECONDED by C/M Katz.
VOTE:
ALL VOTED AYE
18. MOTION TO ADOPT Temp. Reso. *6426 regarding APPROVAL of an
Agreement with Municipal Administrative Services, Inc. to
audit FP&L's Franchise Agreement with the City of Tamarac
AGENDIZED by Consent
See Page 9 for Discussion and Final Action
Mr. Kelly said City Attorney Kraft had the necessary documents and
Item 18 was ready to be discussed.
C/M Katz MOVED to AGENDIZE Item 18, SECONDED by C/M Abramowitz.
VOTE ALL VOTED AYE
INTRO UCTION
1. a. PRESENTATION by City Manager Kelly of five-year service
awards to the following employees:
Diane Valentine Public Services Department
George Allen Public Services Department
Melvin Mitnick Community Development
b, RUSSUMION by City Manager Kelly of ten-year service
awards to the following employees:
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Diana Acierno
Sally Spiegel
Customer Service
Council Office
SYNOPSIS OF ACTION
Presentations were made by City Manager Kelly.
PUBLIC RAUICIPATION
2. PUBLIC PARTICIPATION - Any member of the public may speak to
any issue which is not agendized for public hearing at this
meeting. Speakers will be limited to three minutes during
this item and at public hearings. There will be a thirty
(30) minute aggregate time limit for this item, and speakers
are encouraged to sign up in advance with the City Clerk
prior to their participation.
Marvin Seidel, resident of Kings Point, expressed his views about
the Library, lack of curbing on Nab Hill Road and Northwest 71st
Place between Nob Hill Road and Northwest 108th Street.
Bernie Simms, resident of Bermuda Club, gave his opinions
regarding the deposit in the contract for solid waste collection
with Southern Sanitation for multi -family units.
Jules Gersten, resident of Bermuda Club, agreed with Mr. Simms.
Mr. Kelly said the hauler should not have a problem imposing a
deposit if an account was delinquent for more than 60 days but
said deposit would not be automatic.
C/M Schreiber said the contract indicated contradicting statements
regarding maintenance costs for the casters.
C/M Abramowitz said Council disagreed with portions of Item #12
and that was why it was TABLED. He said residents were paying
more for each month there was no contract
Nathan Peretzman, resident, gave his views regarding the Medics
Ambulance contract.
Howard Kleinschmidt, resident of Westwood 21, thanked Staff for
assisting when FP&L wanted to put above -ground light poles on
Westwood Drive. He asked if speed -limit signs could be installed
for use by the construction trucks and if the roads could be swept
in his Section.
Melanie Reynolds, resident of Sands Point, stated her opinions
about the Grant Fund Account in Item 4, expenditures in Items 9,
10 and 11, description on Redistricting maps and why someone was
selected as a Legislative Aide when said individual was a
candidate for an elective office.
Lou Sohn, resident, discussed his concerns about a traffic light
which was needed at the intersection of Northwest 76th Street and
University Drive.
Jo Wright, resident of Tamarac Lakes North, complimented Mr. Kelly
on his article in the Tam -A -Gram about the garbage contract and
stated her views on the size of legal notices and where they
should be placed in the newspapers.
Harriet Cohen, resident of Kings Point, asked why reports from the
various Committees were not provided.
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3. Items listed under Consent Agenda, Item 3, are viewed to be
routine and the recommendation will be enacted by ONE MOTION
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
City Clerk
a. MOTION TO APPROVE the minutes of the following City
Council meetings:
1. 11/13/92 - Special Meeting
2. 12/08/92 - Special Meeting
3. 12/09/92 - Regular Meeting
4. 12/23/92 - Regular Meeting
SYNOPSIS OF_&Q110-
APPROVED 3.a.2., 3.a.3. and 3.a.4.
Item 3.a.1. was removed for discussion and then APPROVED as
Amended. (See Page 1)
b. MOTION TO_APQR renewal of a model sales permit,
waiver of the 300--foot distance requirement for issuance
of certificates of occupancy and approval of five (5)
parking spaces in lieu of twelve (12) required spaces
for WATERS EDGE, first unit in Building 6, 5902 NW 93
Terrace, for a six-month period from 2/26/93 to 8/26/93.
APPROVED
C/M Katz MOVED to APPROVE the Consent Agenda with the exception of
3.a.1., SECONDED by V/M Schumann.
VOTE: ALL VOTED AYE
Regarding Item 3.a.1., C/M Schreiber requested the last two words
in Paragraph 6, Page 8 of the November 13, 1992 Minutes be
corrected to reflect County Waste, the low bidder for the 2 cubic
yard container, and Mr. Kelly agreed.
C/M Abramowitz MOVED to APPROVE 3.a.1. with the correction,
SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
4. MOTION TQ ME the transfer of $2,200. from General Fund
Matching Grants Account 001-872--519-830 to Fire Equipment
Grant Fund Account 001-872-581--95I to provide a 25%
matching grant fund to fund the City's share for the
Tamarac CPR/Rescue Program.
C/M Katz MOVED to APPROVE Item 4, SECONDED by V/M Schumann.
Dina McDermott, Assistant City Manager, advised an $8,800 Matching
Grant was received from the State for the Fire CPR/Rescue Program.
She said each fiscal year a $50,000 Matching Grant Fund was
established with each Grant assigned a separate account but after
15 months the account would be closed. There was discussion about
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the account number and Ms. McDermott said the account number was
correct.
C/M Abramowitz MOVED to APPROVE Item 4, SECONDED by C/M Katz.
VOTE:
ALL VOTED AYE
TAPE 2
8. MOTIQH TO ADOPT lamp, Reso, lfil24 approving a carnival
sponsored by the Tamarac Jewish Center and the Coral -Springs
Kiwanis Club on February 1-7, 1993, on vacant property on the
north side of Commercial Boulevard, between NW 79 Avenue and
NW 82 Avenue.
RESOLUTION R-93-7-PASSED
APPROVED subject to compliance with all City requirements.
City Attorney Kraft read Temp. Reso. #6424 by Title.
C/M Abramowitz MOVED to ADOPT Temp. Reso. #6424, SECONDED by C/M
Katz.
Kelly Carpenter, Director of Community Development, advised the
property owner had not supplied liability insurance and Staff
recommended APPROVAL because the other participants did.
Mayor Bender asked about security and Ms. Carpenter said it would
be provided.
C/M Schumann asked about plumbing and electrical inspections and
Ms. Carpenter said this would be addressed the day the carnival
was set up.
Mayor Bender recommended APPROVAL subject to compliance of all
City requirements.
VOTE: ALL VOTED AYE
9• awarding Bid 92-24 in the
amount of $39,777.00 to CEM Enterprises, Inc., d/b/a Sunshine
Painting for the Rehabilitation of Water Treatment Plant
Filter #4, TUW Project 90-23.
RESOLUTION R-93-8-PASSED
APPROVED
City Attorney Kraft read Temp. Reso. #6422 by Title.
C/M Katz MOVED TO ADOPT Temp. Reso. #6422, SECONDED by C/M
Schreiber.
Mr. Kelly said the referenced amount was budgeted and CEM
Enterprises, the low bidder, was thoroughly investigated.
C/M Abramowitz asked if the City was protected from cost over -runs
and City Attorney Kraft responded this was always a risk.
C/M Katz expressed his views regarding cost over -runs and Mr.
Kelly said the City's history was under -runs and not over -runs.
VOTE: ALL VOTED AYE
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10. MOTION TO OPT Te p. Rego-#fi45 awarding Bid 92-25 in the
amount of $34,498.19 to Sav-On Utility Supplies, Inc., for
the purchase of pipe, fittings, valves and appurtenances for
the following three utility projects:
#92-03 Galvanized Service Line Replacement $ 8,146.19
#92-04 Water Valve Replacement and Repair 12,100.00
#92-05 Sewage Valve Replacement and Repair 14,252.00
RESOLUTION R-93-9-PASSED
APPROVED
City Attorney Kraft read Temp. Reso. #6425 by Title.
C/M Abramowitz MOVED to ADOPT Temp. Reso. #6425, SECONDED by C/M
Schreiber.
Mr. Kelly said Sav-On Utility was awarded the bid to provide
materials to replace equipment for the water and sanitary systems.
VOTE:
ALL VOTED AYE
Mayor Bender called for a recess at 9:57 a.m. and the meeting
reconvened at 10:00 a.m. with everyone in attendance.
12. R2ALIQ RLMING - MOTION TO ADQP 2MR, Ord, flfaO on second
reading authorizing the appropriate City officials to execute
an Agreement with Waste Management, Inc., d/b/a Southern
Sanitation, to provide multi -family solid waste collection in
the City of Tamarac.
SXHOPSIS OF ACTION
TABLED at request of Southern Sanitation to Wednesday, February
10, 1993 at or after 7:30 P.M. in Council Chambers.
City Attorney Kraft read Temp. Ord. #1630 by Title.
Mayor Bender said Mr. Kelly requested Temp. Ord. #1630 be TABLED
at the request of Southern Sanitation to the February 10, 1993
Council Meeting.
C/M Abramowitz MOVED to TABLE Temp. Ord. #1630 to February 10,
1993, at 7:30 P.M., SECONDED by C/M Schreiber.
VOTE:
ALL VOTED AYE
13, PJMLIQ HMING _ 2 on first
reading concerning a request by Regency Homes, Inc., to
rezone lands (Parcel "A" of WOODMONT TRACT 56) located on the
northwest corner of University Drive and NW 78 Street from
B-1 (Neighborhood Business) to R-1 (Single Family). Petition
#41-Z-92
SYNOPSIS OF ACTION;
APPROVED on first reading. Public hearing and second reading to
be held on Wednesday, February 10, 1993 at or after 7:30 P.M.
City Attorney Kraft read Temp. Ord. #1632 by Title.
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Page 7
C/M Katz MOVED to ADOPT Temp. Ord. #1632, SECONDED by V/M
Schumann.
Ms. Carpenter read the Findings of Fact and said the second
reading and Public Hearing for the Land Use Plan Amendment and the
request to rezone was agendized for February 10, 1993. She said
the Planning Commission recommended APPROVAL and the developer
posted the required signs.
C/M Katz indicated his views regarding side -yard setbacks and
requested the Code be amended to provide a wider side -yard set-
backs.
C/M Abramowitz said the area was zoned Commercial and the
community opposed changing it to Residential although there were
several residential communities on University Drive and it was an
opportunity for the City to generate revenue. He said the
property had been vacant for many years.
C/M Schreiber disagreed and said it was not good planning to
rezone Commercial to Residential because Commercial properties
paid more taxes and demanded less services.
C/M Katz stated his views about Residential versus Commercial and
said it was difficult to rent Commercial properties.
Mayor Bender OPENED the Public Hearing portion of the Meeting.
Mrs. Rosenbaum, resident of Golf Pointe in Woodmont, agreed with
the developer's proposal to rezone to Residential.
Cynthia Paddock, representing Regency Homes, agreed the property
had been vacant for many years, the developer was very anxious to
commence construction and she hoped Council would approve.
Joe Padwa, resident of Concord Village, said he would like to see
the project built but the area should be soundproofed because
residents would continually be bothered by emergency vehicles
traveling on University Drive.
Mayor Bender CLOSED the Public Hearing portion of the Meeting.
VOTE:
C/M Schreiber - NAY
C/M Abramowitz - AYE
C/M Katz - AYE
V/M Schumann - AYE
Mayor Bender - AYE
11. MOTIQN TO ADOPT TamR.Beso�_ #6423 awarding Bid 92-26 in the
amount of $38,953.00 to TAW Power Systems for the purchase of
two mobile 60 KW A/C emergency generators, TUW Project 92-11.
RESOLUTION R-93-10-PASSED
APPROVED
City Attorney Kraft read Temp. Reso. #6423 by Title.
C/M Katz MOVED to ADOPT Temp. Reso. #6423, SECONDED by V/M
Schumann.
Mr. Kelly said $50,000 was budgeted and TAW Power Systems was the
lowest and most responsive bidder.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6423, SECONDED by C/M
Katz.
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Page 8
C/M Katz said there were many lift stations and if they
malfunctioned in an emergency, a health hazard would result and
two or three generators should be budgeted each year.
There was discussion about the mobility of the generators and C/M
Katz reiterated his suggestion to budget two or three generators
each year.
v/M Schumann asked if the cost was comparable and Kline Jones,
City Engineer, said, yes.
VOTE:
ALL VOTED AYE
14. pjSCIISSION AND POSSIBLE ACTION, regarding a Delegation Request
by Lennar Homes to amend the notes on the plats of the
following: Exeter, Sedgefield, Weldon, Huntington and
Yorkshire.
SYNODSis OF ACTION;
APPROVED not to exceed 5,471 units in accordance with Stipulation
26.
Ms. Carpenter said prior to the Council Meeting, Lennar requested
Item 14 be TABLED.
Mr. Kelly disagreed and said Item 14 should be discussed. He
explained that Lennar requested the City sign -off on a letter to
Broward County regarding a reduction in density to 5,471 units in
accordance with Stipulation 26. He said Lennar presumed the
letter would alleviate having to come before Council.
C/M Abramowitz asked if the density was consistent with the Court
Order and Stipulation 26 and Ms. Carpenter responded, yes.
C/M Schreiber said new homeowners in Kings Point were given
documents indicating Lennar could build more units than what was
on the documents. He added the Court Order and Settlement
Agreement allowed increased density in the proposed four-story
buildings and he opposed the Delegation Request.
TAPE 3
C/M Katz asked if Lennar had other residential property platted
with relation to the Settlement Agreement. Ms. Carpenter said,
no.
C/M Schreiber said although Malvern was added, it was never in the
documents or on the plans and the Court Order only indicated a
number per acre based on density.
Mayor Bender asked if Broward County could go over the 5,471
units. Ms. Carpenter said she did not believe so and in her
opinion Council did not have to vote on it and they could act
before receiving Broward County's decision. C/M Abramowitz said
Broward County usually agreed with the City.
Ms. Carpenter said Staff objected to the 5,640 units but not 5,471
units. There was discussion about the number of dwelling units
per acre and Ms. Carpenter said the Comprehensive Land Use Plan
indicated approximately 15 dwelling units per acre but the
Settlement Agreement indicated the density of 15 or more dwelling
units per acre.
Mr. Kelly said he was authorized but not required to sign -off on
Lennar's request and there was no need for Council to act on it
today.
City Council Regular Meeting
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Page 9
C/M Schreiber MOVED to APPROVE the Delegation Request and that
Lennar would not be permitted to exceed 5,471 units as indicated
in Stipulation 26 - Case #91-13696--14, SECONDED by C/M Abramowitz.
lii•1f 4 aF
ALL VOTED AYE
18. regarding APPROVAL of an
Agreement with Municipal Administrative Services, Inc. to
audit FP&L's Franchise Agreement with the City of Tamarac
• - c�KOTWJ44(•):
it
APPROVED
-- Page
RESOLUTION R-93-11-PASSED
City Attorney read Temp. Reso. #6426 by Title.
C/M Katz MOVED to ADOPT Temp. Reso. #6426, SECONDED by C/M
Abramowitz.
City Attorney Kraft said Council requested additional language
and Municipal Administrative Services agreed to same.
VOTE:
15. City Council_(Continued on Page 10)
ALL VOTED AYE
V/M Schumann said a political candidate asked permission to use
the City logo on campaign literature and it should not be allowed.
C/M Abramowitz agreed and said the Logo should be used only by
City Council or Elected Officials.
There was discussion about the logo and Mayor Bender said City
Attorney Kraft was requested to draft a Resolution for Council to
review. C/M Schreiber asked if the logo was legally copyrighted
and City Attorney Kraft said, yes, but the copyright symbol was
not apparent.
C/M Katz - No Report
C/M Schreiber agreed a traffic light was needed at the
intersection of Northwest 76th Street and University Drive and a
new library was warranted because the old library was too small.
He concurred that curbing was needed on Nob Hill Road and
Northwest 71st Place and said legal ads should be enlarged and
placed in a prominent part of the newspaper.
C/M Schreiber asked Council for an Expression of Interest to
establish an Economic Development Board to bring business and
industry to Land Section 7.
C/M Abramowitz voiced his thoughts about the EMS situation and
said several years ago, two ambulances were purchased and the City
entered into a contract with Medics Ambulance for transportation.
He said some cities in Broward County were permitted to use their
own EMS units and members of Staff were in agreement. He said
further information would be provided and it would benefit the
residents because the City could control the response time.
Mayor Bender discussed his thoughts with regard to the City
Manager not providing copies of correspondence concerning
Continental Cable for the Mayor and Council to review.
C/M Schreiber asked if it was necessary to agendize a No
Confidence vote regarding Mr. Kelly and City Attorney Kraft said,
yes.
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Page 10
C/M Abramowitz said the correspondence referred to by Mayor Bender
was sent to the City Attorney for review. Mayor Bender disagreed
and said he should receive copies of everything and it was not up
to Mr. Kelly to determine what was important.
TAPE 4
19. MOTION TO APPROVE evaluation procedure for City Manager and
City Attorney to start within 30 days of enactment.
SYNOPSIS OF ACTION
AGENDIZED by Consent.
DISCUSSION only. No formal action.
Mayor Bender suggested Council implement a yearly Performance
Evaluation Program for the City Manager and City Attorney.
C/M Katz MOVED to AGENDIZE a procedure implementing a Performance
Evaluation Program for the City Manager and City Attorney.
SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
REPORTS
15. C1TY COUNCIL (Continued from Page 9)
V/M Schumann said Council back-up material was not received in a
timely manner and should be agendized for a later agenda. C/M
Abramowitz agreed.
C/M Abramowitz said the City received correspondence from M.A.S.
regarding the Continental Cable audit and Continental Cable was
insisting they did not owe the City any monies. There was
discussion and C/M Abramowitz suggested a Workshop be scheduled
with Continental Cable to discuss the matter.
• - _; a etfl-All
City Attorney Kraft - No Report
17. City Manager
Mr. Kelly said the City was proceeding with the Seacoast Contract
and a report would be provided after he met with them on January
28th; he suggested Mr. Simms contact him regarding the multi-
family contract for solid waste collection.
Mr. Kelly stated the library matter was being looked into but the
Broward County Library System owned the Tamarac facility and it
would cost money to relocate the library.
Mr. Kelly refuted the comment that back-up regarding Continental
Cable was not received in a timely manner and added it was not on
a previous agenda during which the meeting was held up to search
for the letter. He also refuted the comment regarding
correspondence from a law firm and said the letter was a
solicitation for services.
Mr. Kelly agreed Council should formulate job descriptions and
Performance Evaluations and he would be happy to work with Council
to provide the necessary information.
G
City Council Regular Meeting
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Page 11
Mayor Bender reiterated the City Manager decided what was
important and he was not receiving information regarding major
issues. Mr. Kelly disagreed and said the correspondence from the
law firm was a solicitation for services and said correspondence
was advertised in newspapers throughout the Country.
Hearing no other comments, Mayor Bender ADJOURNED the Meeting at
11:25 a.m.
CAROL:As
City Clerk
C.
I
Z- 'e
L. BENDER
Mayor
CITY OF TAMARAC
APPROttEp AT MEETING OF Lt A 3