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Home My WebLink About1994-02-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 23, 1994 CALL TO ORDER; Mayor Bender called this meeting to order on Wednesday, February 23, 1993, at 9:00 a.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT• Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESENT: - Dina M. McDermott, Interim City Manager Mitchell S. Kraft, City Attorney Patricia Marcurio, CMG, Office/Records Manager Karen Jackson, Secretary ****************************************************************** PLEDGE OF ALLEGIANCE! Mayor Bender called for the Pledge of Allegiance. INTRODUCTION 1. PRESENTATION by Mr. Damon Adams, City of Fort Lauderdale Finance Director, of the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for the City's Comprehensive Annual Financial Report for Fiscal Year ending 9/30/93. SYNOPSIS —12F -ACTION �- Presentation was made by Damon Adams, Finance Director of the City of Fort Lauderdale, to Thelma Fagelbaum, Acting Finance Director of the City of Tamarac. Thelma Fagelbaum thanked Mr. Adams, members of Staff and Mary Blasi, Finance Director. 2. PRESENTATION by Mayor Bender of a proclamation designating the week of March 6-12, 1994, as SAVE YOUR VISION WEEK. aXNQRaTS OF ACTION: Presentation was made by Mayor Bender to Dr. Gus Garmizo. 3. 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, Kings Point resident, voiced his concerns regarding sterile carp fish in the canals and questioned what the City could do so people would not deplete the fish. Mayor Bender suggested Mr. Seidel speak with Vernon Hargray, Director of Public Services. Victor Fulmines, resident, discussed Continental Cablevision and whether there were alternatives. Mayor Bender said satellite companies were asked to provide options and contacts would be with the condominiums. He said a satellite company would apply to the City for a franchise agreement and three satellite companies were interested. He suggested Mr. Fulmines contact the Council Office for further information and discussion followed. City Council Regular Meeting 2/23/94/PP Page 2 V/M Katz said all cable companies had to offer the same service to single-family residences. Mr. Fulmines said the garbage company threw the cans in the street and drove the wrong way on one-way streets. C/M Abramowitz said the residents should contact All Service Refuse after the meeting. 4. Items listed under Consent Agenda, Item 4, 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. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1) 01/26/94 - Regular Meeting 2) 02/09/94 - Regular Meeting b. MOTION TO APPROVE a model sales facility and a waiver of the 300-foot distance requirement for .issuance of certificates of occupancy requested by Thomas Bennett, Trustee, for the BROOKSIDE COVE project (McNAB ROAD SUBDIVISION) located north of McNab Road, east of NW 70 Avenue, for a six-month period from 2/23/94 to 8/23/94. C. releasing a cash performance bond in the amount of $1,500. posted for a street cut across Mulberry Drive for water service to the WOODLANDS COUNTRY CLUB pursuant to Section 20-47 of the City Code. SYNOPSIS OF ACTION_ RESOLUTION R-94-28-PASSED APPROVED d. MOTION TO ADOPT Temg. Reso. #6641 releasing two cash performance bonds in the amounts of $2,500. and $4,200. posted for three (3) street cuts at 4107 NW 49 Drive and 4808 NW 44 Avenue for irrigation repair by MAINLANDS 1 AND 2. ,giXHOESIS OF ACTION: RESOLUTION R--94-29-PASSED APPROVED e. MOTION TO„APPROVE the First Amendment to the Water and Sewer Developer's Agreement for Pulte Homes PLUM HAY/PLUM HARBOR multi ---family units (located in Land Section 8, north of Commercial Boulevard, east of Nab Hill Road). ' .4agg43W•]AWS +6y* ....s a City Council Regular Meeting 2/23/94/PP Page 3 C/M Schreiber MOVED to APPROVE Consent Agenda Items 4.a.1. through 4.e., SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE Public Services Degartme= 5. MOTION TO APPROVE the purchase of asphalt under Broward County Bid #E-09-92-13-12 for the remainder of Fiscal Year 1993/94 as shown below: Public Works Asphalt Paving Account 001-411-541--533 $15,809 Utilities Asphalt Paving Account 425-367-535-533 $ 8,000 Utilities Asphalt Paving Account 425-364-533-533 $ 8,000 _SYNOPSIS OF ACTION: APPROVED C/M Abramowitz MOVED APPROVAL, SECONDED by C/M Schreiber. Alan Levine, Public Works Operations Manager, discussed the bid process because the amount was over $10,000 and advised it was more economical to piggyback on Broward County's bid. C/M Abramowitz requested data on the Accounts and Interim City Manager McDermott suggested referring to the back-up. Mr. Levine said the asphalt was for roadway repairs. C/M Abramowitz discussed Motor Vehicle Fuel Taxes. Ms. Fagelbaum said $15,809 from the General Fund would be offset by the Motor Vehicle Fuel Taxes and $16,000 was Utility related. Vernon Hargray, Director of Public Services, agreed and referred to Enterprise Funds. V/M Katz mentioned the 1994/95 Fiscal Year's budget and Motor Vehicle Fuel Taxes and questioned whether Enterprise Funds could offset Utility rates. Mr. Hargray said he spoke with Mary Blasi about a special Enterprise Fund which would encompass maintenance, personnel and equipment associated with drainage and streets. Ms. McDermott said when the budget process begins, additional Enterprise Funds will be established addressing maintenance and programs pertaining to streets and roadways because presently there was no Capital Improvement Program for same. VOTE: ALL VOTED AYE 6. MOTION TO APPROVE the purchase of the following six (6) vehicles under State Bid Numbers 070-500--420, 070-544-420, 070-500-410 and 070-500-140 for Public Works and Utilities Divisions in the total amount of $78,347: 2 - 3/4 ton pick-up trucks $27,436 Account 001-407-539-640 P.W. Grounds 1 - 3/4 ton pick-up truck $13,718 Account 001-411-541-640 Y.W. Streets/Roads 1 - 3/4 ton pick-up 4X4 $15,661 Account 410-417--539-640 P.W. Drainage Imp. 1 - 1/4 ton pick-up truck $11,769 Account 419-301-536-640 Util Water/Sewer 1 - Compact $ 9,760 Account 425-365-533-640 Uti1 Water C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann. Mr. Hargray said several vehicles in Public Works and Utilities were in poor condition and needed replacement. City Council Regular Meeting 2/23/94/PP Page 4 C/M Schreiber said Item 6 would exceed the $70,700 budget and questioned the difference between the two figures and the figure in the back-up. Mr. Hargray indicated the transferred amount was higher because costs increased in the State Contract. C/M Schreiber suggested Tabling Item 6 until the new City Manager was on board. Mr. Hargray said a Vehicle Replacement Program should have been in place years ago because some of the equipment was inadequate. Discussion continued on replacement versus maintenance costs and Ms. McDermott discussed vehicle costs and maintenance and reported the drainage and canal program was extended. V/M Katz questioned whether monies could be transferred from the Vehicle Maintenance Fund for the new vehicles. Ms. Fagelbaum said an analysis of the Fleet Fund would be performed. Mr. Hargray said approximately $50,000 was available. C/M Abramowitz questioned whether monies were available in the Contingency Fund for emergency purposes and Ms. Fagelbaum said, yes. VOTE: ALL VOTED AYE 7. j}!QTION TO ADOPT TemR. Reso.#6648 approving a revised site plan reflecting increasing the size of the BOSTON CHICKEN RESTAURANT in THREE LAKES PLAZA at the southwest corner of Commercial Boulevard and NW 31 Avenue from 3,154 square feet to 3,365 square feet. Case 5-SP-94 SYNOPSIS OF ACTION„ RESOLUTION R-94-30-PASSED APPROVED City Attorney Kraft read Temp. Reso. #664$ by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by V/M Katz. V/M Katz discussed a Site Plan and Plat Review Committee meeting wherein representatives of the Boston Chicken Restaurant volunteered data regarding the Ancel fire system and smoke evacuation system, however, the smoke evacuation system was not evident. Daniel Fee, Engineer of CDI Engineering, said the Architect was working with the Building and Fire Departments and the smoke evacuation system would be on the plans provided to the Building Department. EDITORS NOTE: V/M Katz left at 9:40 a.m. Mike Vonder Meulen, AICP, Director of Community Development, stated the Restaurant was being enlarged, the Applicant met all Zoning requirements and local Traffic Impact Fees would be paid when application was made for the building permit. VOTE: C/M Schreiber - AYE C/M Abramowitz - AYE V/M Katz - ABSENT C/M Schumann - AYE Mayor Bender - AYE [1 City Council Regular Meeting 2/23/94/PP Page 5 8. MOTION :CO ADOPT TemR. Rego. #6650 awarding Bid #94-01 in the amount of $26,400. to Florida Fish Farms for the purchase of 8,000 Triploid Grass Carp to control aquatic vegetation in the City's canal system with funding from Drainage Improvement Fund (Stormwater Utility) Account 410-417-539-306 entitled Special Supplies/Services. SYNOPSIS OF ACZIQU_L RESOLUTION R-94-31-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6650 by Title. C/M Abramowitz MOVED APPROVAL, SECONDED by C/M Schreiber. Mr. Levine said the fish would supplement the current aquatic spray program used to control and remove vegetation in the waterways. He said Staff recommended Approval and growth of the vegetation could be halted by the middle of March. C/M Schumann questioned what stopped the fish from escaping from the canals and was it safe to put the fish in where chemicals were evident. Mr. Levine said the State was provided proof that the fish could not escape and the fish would become acclimated to the chemicals over a period of time. Mr. Levine said the fish would grow from 12 inches to 40 pounds, the State recommended Florida Fish Farms and a restocking program was recommended over the next three years. C/M Schumann questioned methods which would stop people from catching the fish. Mr. Levine said he and Mr. Hargray would work on a document to prevent fishing in the waterways. C/M Abramowitz stated there were "Poison in the canals" signs. Mr. Hargray said the fish only ate vegetation. Mayor Bender questioned whether the State or Broward County permitted people to fish in the canals. Mr. Hargray said, yes. Ms. McDermott said a similar program was implemented and the residents were informed the fish were difficult to find, they ate bottom vegetation and the fish did not spawn. Discussion followed regarding the vegetation and the fish. Mr. Levine said Staff was working with the State with regard to trying to halt the growth of new vegetation. C/M Abramowitz said the Broward County Water Board had a program and people could be stopped from fishing in the canals and he would provide information to Mr. Hargray. C/M Schreiber indicated there were dead fish around the canal on Northwest 77 Street and questioned what could be done to prevent the fish from dying. Mr. Hargray said a low water table caused a lack of oxygen and the canals will be monitored. TAPE 2 Mr. Hargray mentioned dredging the canals and C/M Abramowitz said dredging would aerate the water. VOTE: C/M Abramowitz - AYE C/M Schumann - AYE C/M Schreiber - AYE V/M Katz - ABSENT Mayor Bender - AYE City Council Regular Meeting 2/23/94/PP Page 6 9. a. approving an Agreement with Hazen and Sawyer, P.C., to provide engineering consulting services to the City. (Expression of Interest EOI-93-03) b, approving an Agreement with Williams, Hatfield & Stoner, Inc., to provide engineering consulting services to the City. (Expression of Interest EOI--93-03) RESOLUTION R-94--32-PASSED RESOLUTION R-94-33-PASSED APPROVED 9.a. and 9.b. (a) City Attorney Kraft read Temp. Reso. #6651 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann. There was discussion and disagreement whether Item 9.a. was an Expression of Interest or a Contract. Gordon Sparks, City Engineer, stated Item 9.a. was an Expression of Interest. Discussion was held on the rates charged and the bid process and Mr. Sparks said both firms would be paid a lumpsum amount based on the project. He said four firms were interviewed and Hazen and Sawyer and Williams, Hatfield & Stoner were selected, based on their background and capabilities. VOTE: C/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - AYE V/M Katz - ABSENT Mayor Bender - AYE (b) City Attorney Kraft read Temp. Reso. #6652 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann. There was no discussion. VOTE: 10. City Cgaaagil C/M Schumann - NO REPORT C/M Schreiber - AYE C/M Abramowitz - AYE C/M Schumann - AYE V/M Katz - ABSENT Mayor Bender - AYE C/M Schreiber discussed Club Playground and Sweets Bar in Scotty's Shopping Center. He referred to the blackened windows at Club Playground and questioned whether the Code could be revised to prohibit same and requested City Attorney Kraft investigate. C/M Abramowitz commented that after two years, all elder programs would be moved from HRS to the Department of Elder Affairs. He said he spoke with several Senators as well as Representative Geller and all residents should advise their legislators of their interest in elder affairs. He said the Broward County Delegation was the best supporter of the elder programs. Mayor Bender discussed blasting, Pulte Homes and Steven Feldman's comments that monies would be set aside to inspect homes where damages occurred. He read his January 24, 1994 letter to Mr. Feldman into the record (Attachment #1) and said Council should do something about it. 1 City Council Regular Meeting 2/23/94/PP Page 7 I 1 19. DISCT7.SSIQU regarding property damaged by blasting and Pulte Homes responsibility. SYNOPSIS OF ACTION: AGENDIZED by Consent. The City Attorney was directed to investigate possibility of persuading Pulte Homes to follow through on their responsibility to the residents affected by the blasting. C/M Schreiber said he suggested an independent Engineer be contracted to look at the damage and make an assessment but Council did not act. C/M Abramowitz MOVED to REQUEST City Attorney Kraft to investigate what options the City could take to persuade Pulte Homes to alleviate the situation, SECONDED by C/M Schreiber. C/M Schumann said each individual homeowner was the claimant and not the City and the homeowner could go through the Courts and discussion followed on the permit. VOTE: 11. City Attorney C/M Schreiber - AYE C/M Abramowitz - AYE C/M Schumann - NAY V/M Katz - ABSENT Mayor Bender - AYE (Continued) City Attorney Kraft - NO REPORT 12. Suety--Van-ager Interim City Manager McDermott - NO REPORT Mayor Bender said V/M Katz was absent and he did not have a quorum with regard to making the selections for the six different Committees. C/M Schreiber suggested Council postpone the selections at this time for a Special Meeting. C/M Abramowitz and C/M Schumann agreed. Mayor Bender said it was the consensus of Council that Items 13 through 18 be Tabled for a Special Meeting. 13. MOTION TO ADOPT Temp,. Ee,22. #6643 appointing up to seven (7) members to the AMBULANCE COMMITTEE. SYNOPSIS(E A!,, ON: TABLED to a Special Meeting. 14. MOTION TO ADOPT Temn. Rggq. #6653 appointing up to seven (7) members to the ANNEXATION COMMITTEE. SYNOPSIS OF ACTION: TABLED to a Special Meeting. 15. MQT,IQN TO ADOPT TemF. Reso_- #6644 appointing up to seven (7) members to the PRIVATIZATION COMMITTEE. YNOPSIS OF ACTION: TABLED to a Special Meeting. City Council Regular Meeting 2/23/94/PP Page 8 16. MOTION TO ADOPT Temn. Reso. #6645 appointing up to seven (7) members to the SISTER CITIES COMMITTEE. 17, appointing one (1) regular member and two (2) alternate members to the INSURANCE ADVISORY BOARD. SYNOPSISOF ACTION: TABLED to a Special Meeting. 18. MOTION TO ADOPT Temn. Reso. #6647 appointing one (1) member to the PARKS AND RECREATION BOARD. SYNOPSIS OF ACTION: TABLED to a Special Meeting. 'there was no further discussion and Mayor Bender ADJOURNED the MEETING at 10:00 a.m. 4�k�h;� Carol A. Evans, CMC City Clerk NormaAbramowitz ayor CITY OF TAMARAC APPROVED AT MEETING OF City Clerk I ti OF Tj c� �4UR1l OFFICE OF THE MAYOR January 24, 1994 Item 10, Page 6-COUNCIL REPORTS Paragraph 4, Line 4 - C/C MEET: 2/23/94 7525 NORTHWEST 88th AVENUE 0 TAMARAC FLORIDA 33321-2401 TELEPHONE (305) 722-5900 Steven J. Feldman, President Pulte Home Corporation 1350 East Newport Center Drive Suite 200 Deerfield Beach, FL 33442 Re: Pulte Home Corporation Alleged Blasting Damages Dear Mr. Feldman: As the Mayor of the City of Tamarac I am quite concerned about the number of residents that have called or written to me about the alleged damages to their property which resulted from the blasting program your company conducted. T have compiled a list of these complainants for your office to investigate, and to monitor the progress of the investig- ation. Your cooperation is requested to expedite all actions requiring remedial attention. 1 am also enclosing a copy of a Broward Sheriff's Office report covering the blasting which occurred on January 14, 1994, for your information. Sincerely, La4y Bender Mayor HLB/rj s Attachments (2) AN EQUAL OPPOHTUNITY EMPLOYER POI ICY OF NONDISCRIMINA-T ION ON T HE BASIS OF HANF)I( 4fDrFF) STATUS