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Home My WebLink About1994-04-13 - City Commission Regular Meeting Minutes11 E CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 13, 1994 CALL TO ORDER: Mayor Abramowitz called the meeting to order on Wednesday, April 13, 1994, at 7:00 P.M. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. Mayor Norman Abramowitz Vice Mayor Irving Katz Councilwoman Sharon Machek Councilman Larry Mishkin Councilman Joseph Schreiber ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Phyllis Polikoff, Secretary PLEDGE OE ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance and a Moment of Meditation. INTRODUCTION 1. a. REZ5ENTATION by Mayor Abramowitz of a proclamation designating April 22, 1994 as ARBOR DAY. b. ANNOUNCEMENT by Mayor Abramowitz of. the April expiration of positions on the Planning Commission. C. ANNQUNCEMENTI by Mayor Abramowitz of vacancies on the following boards and committees: Privatization Committee Sister Cities Committee Ambulance Committee Annexation Committee Insurance Advisory Board Parks and Recreation Board Consumer Affairs Committee 7 members 7 members 7 members 7 members 1 regular member and 2 alternate members 1 member 2 regular members If any Tamarac resident is interested in serving on any of the above boards and committees, please contact the Office of the City Clerk for an application. If existing members desire to be considered for reappointment, please indicate this by memo to the City Clerk's Office. Present members shall serve until appointments are made by Council. SYNOPSIS OF ACTION7 Mayor Abramowitz made the announcements and presentation to Alan Levine, Public Works Operations Manager. 2• PUBLIC PARTICTRATTON -- 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. City Council Regular_ Meeting 4/1.3/94/PP Page 2 Nathan Peretzman, resident, voiced his concerns regarding the Franchise Agreement between the City and All Service Refuse for solid waste collection for single-family homes. Ile said Council allowed All Service Refuse to collect a franchise fee of 15% and referred to Section 19.31 of the Code indicating "10e of the Gross billings". He said the City was getting 5% more and referred to Article 3.1, Paragraph 4, of the Franchise Agreement wherein tipping fees should not be added as a separate item on garbage bills but should be considered operational expenses. He questioned why Council and former City Manager Kelly gave All Service Refuse the extra 51�. Mr. Peretzman said Council sets policies for the City and not the City Manager or City Attorney and he requested Council. have the City Manager and City Attorney research Franchise Fees and provide a report at a regular Council meeting. Burt Schneider, President of Woodmont Property Owners' Association, voiced his thoughts regarding cable T.V., Woodmont and the City and referred to a contract with Continental Cable -- vision due to expire September 30, 1994. He said bids were solicited in November, 1993, to provide cable and three companies responded. He said an Attorney was hired who advised that a company could not be hired without having a franchise with the City. He said the City did not have an up-to-date franchise and referred to the Cable Act of 1992. Mr. Schneider said Continental Cablevision violated the Franchise Agreement and the City should have revoked the Agreement. Terri Hobmeier, Isles of Tamarac, discussed her thoughts regarding the discontinuance of commercial trucks on N.W. 71st. Place with the exception of deliveries and the Kings Point bus. She said trucks should use McNab Road going to N.W. 108th Terrace and a sign should be installed indicating "No thru trucks". She said Southgate Boulevard should be repaved from the Merchandise Mart to Nob Hill Road. Ms. Hobmeier asked that Pulte Homes beautify the median on N.W. 108th Terrace between N.W. 71st Place and McNab Road after construction is finished. She also asked Mike Vonder Meulen, Director of Planning, to see that Pulte removed the Ficus trees. 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. a. MOTION TO APPROVE the attendance of Robert S. Noe, City Manager, at the Florida City and County Management Association (FCCMA) Conference in Palm Beach Shores, Florida, May 18-21, 1994. APPROVED �J Ll Ll City Council Regular Meeting 4/13/94/PP Page 3 b. XQTION TO APPROVE the attendance of Dina M. McDermott, Assistant City Manager, at the Florida City and County Management Association (FCCMA) Conference in Palm Beach Shores, Florida, May 18-21, 1994. SYNOPSIS OF ACTION: APPROVED C. MOTION TO ADOPT TemR. Reso. #667$ supporting development of Broward County's film and television industry. RESOLUTION R-94-49--PASSED APPROVED d. urging the Broward County League of Cities and North Broward Mayors and other municipalities to support the Florida League of Cities in its lobbying efforts to repeal the exemption of the fuel adjustment charge on electricity from the municipal utility (public service) tax. ,JYNOPSIS__OF ACTION: RESOLUTION R-94-50-PASSED APPROVED e. MOTION TO _APp$QVE the minutes of the following City Council meetings: 1) 3/15/94 - Special Meeting 2) 3/23/94 - Regular Meeting SXHOPSIS OF ACTION: APPROVED 3.e.1. and 3.e.2. f. MOTION TO, PEROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for GRANVILLE BUILDING H for a six-month period from 5/10/94 to 11/10/94 (located east of NW 108 Terrace, south of NW 80 Street). ii �•' • •, 54 g. =11ON_ TOAAPPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for MALVERN CLUSTER 'N' for a six-month period from 5/10/94 to 11/10/94 (located east of Nob Hill Road, north of Westwood Drive). I TI N- APPROVED h. MOTION TO APPROVE renewal of a model sales permit for WESTWOOD PINES, Building 5, Units 523 and 525, for a six-month period from 5/14/94 to 11/14/94. City Council 4/13/94/PP Page 4 Regular Meeting i.MOTION TO APPROVE renewal of a model sales permit for MISSION LAKES/CORAL CREEK project in Unit 107 at 6900 Southgate Boulevard for a six-month period from 5/24/94 to 11/24/94. PPRO Er j. MOTION TO APPROVE the attendance of Sherry Bauer, Purchasing Officer, at the Florida Association of Governmental Purchasing Officers 27th Annual Conference and Workshop in Orlando, Florida, on May 3-6, 1994 with funding from Accounts 502-702-592-401 and 502-702-592-402. k. the attendance of Glenda Christian, MIS Director, at the PICK Users of Florida Seminar in Clearwater, Florida, May 15-16, 1994. SYNOPSIS OF ACTION: APPROVED 1. MOTION TO APPROVE the attendance of Alan Levine, Public Works Operations Manager, at the 1994 Florida Chapter of American Public Works Association Convention in Tampa, Florida, May 17-21, 1994. m. MOTION TOAUT,HQRIZE the appropriate City officials to execute a First Amendment to the Water and Sewer Developer's Agreement for the CHEVRON SERVICE STATION at 5650 Pine Island Road. n. 1. MOTION TO ADOPT Temp. Reso. #6675 releasing performance Letter of Credit No. 518904 in the amount of $50,536. for the water distribution system improvements at the KINGS POINT LOMBARDY project subject to receipt of a one-year warranty bond in the amount of $15,861.31. 2. MOTION TO ADOPT Temn. Reso. #6676 releasing performance Letter of Credit No. 518903 in the amount of $25,032.75 for the sewage collection system improvements at the KINGS POINT LOMBARDY project subject to receipt of a one-year warranty bond in the amount of $10,291. 3. MJIQN„TO ADOPT TemA. Reso. #6677 accepting a bill of sale for the water distribution and sewage collection system improvements at the KINGS POINT LOMBARDY project. n City Council Regular Meeting 4/13/94/PP Page 5 1 1 1 (Kings Point Lombardy is located in the 8000 block of Nob Hill Road) RESOLUTION R-94-51-PASSED RESOLUTION R-94-52-PASSED SYNOPSIS OF ACTION: RESOLUTION R-94-53-PASSED APPROVED n.l., n.2. and n.3. a. MOTION TO ACCEPT and authorize the appropriate City officials to execute a Water and Sewer Developer's Agreement with UNIVERSITY MEDICAL CENTER located at 7710 NW 71 Court. P. MOTION TO APPR VE rejection of the only bid received under Bid No. 94-03 by Williams Paving Company in the amount of $277,153.24 for Project 93-32, NW 71 Place Drainage Improvements, and AUTHORIZATION to rebid this project. SYNOP,,JIS OF ACTION: APPROVED C/M Schreiber MOVED to APPROVE Consent Agenda Items 3.a. through 3.p., SECONDED by C/M Mishkin. VOTE: ALL VOTED AYE 4. MOTION TO DETERMINE the four (4) consecutive week period during which the City Council will not meet in 1994 pursuant to Section 4.06(a) of the Charter. SYNOPSIS OF ACTION* DETERMINED the four (4) consecutive week period will be from July 5 to August 2, 1994. C/M Schreiber MOVED to APPROVE, SECONDED by C/M Mishkin. C/M Schreiber MOVED to recommended July 5 to August 2, 1994, SECONDED by V/M Katz. V/M Katz suggested that a Referendum be placed on the ballot indicating that a consecutive four -week period was not mandatory and he referenced budget preparations. He suggested two -weeks in July and two -weeks at another time and Mayor Abramowitz said employees played catch-up during that four -week period. VOTE: ALL VOTED AYE 5. MOTIQN TO APPROVE the purchase of a Ford tractor in the amount of $7,540. and hydraulic front loader in the amount of $2,640. under State Contract Bid No. 765-900-92-1 for a total amount of $10,180. from Ford New Holland, Inc., with funding from Park and Recreation Account 142-652--572-643. City Council Regular Meeting 4/13/94/PP Page 6 • •;1*41LOR54 r Mayor Abramowitz advised the new Park and Recreation Account number and V/M Katz MOVED to APPROVE, SECONDED by C/M Mishkin. There was no discussion. VOTE: ALL VOTED AYE 6. MOTION TO APPROVE the purchase of a Toro 4-wheel utility vehicle under Cooper City Bid No. 93-07, less the options offered, in the amount of $14,395. from Hector Turf with funding from Machinery and Equipment Account 001-555-572-643. , • _' • • ., F - - - C/M Schreiber MOVED to APPROVE, SECONDED by C/W Machek. Mayor Abramowitz explained that Tamarac was allowed to piggyback onto a State or another City's contract to save money. C/M Mishkin questioned whether the vehicle was an addition or replacement. Mayor Abramowitz replied, replacement, and Ed Doyle, Parks & Recreation Operations Manager, concurred. VOTE: ALL VOTED AYE 7. MOTION TO APPROVE payment in the amount of $19,058.65 to Hazen and Sawyer for remediation of the former Public Works site located at 5650 Pine Island Road and AUTHORIZATION to transfer $18,278. from Resources Available Account 325-389-105 to Account 325-654-539-4YB entitled P.W. Site Environmental Costs. C/M Schreiber MOVED to APPROVE, SECONDED by V/M Katz. Kline Jones, Public Services Operations Manager, said the State Department of Environmental Protection advised that the old Public works location would be enclosed and wells could be closed -off. He said Hazen and Sawyer would be doing additional work. Mayor Abramowitz reminded Mr. Jones about the application for money to come back to the City and said that the City also received $160,000 for prior remediation. VOTE: ALL VOTED AYE 8. MOTION TO AUTHORIZE the appropriate City officials to execute Work Authorization No. 2 for Engineering Services with Williams, Hatfield & Stoner, Inc., to design water distribution system improvements to serve existing and proposed development in Land Sections 6 and 7. SYNOPSIS OF ACTION: APPROVED C/M Schreiber MOVED to APPROVE, SECONDED by C/M Mishkin. L 0 City Council Regular Meeting 4/13/94/PP Page 7 Mayor Abramowitz stated nothing should be agendized without a dollar amount. Gordon Sparks, City Engineer, said the $500,000 in the report included Engineering and he referred to Granville and development in Land Sections 6 and 7. Discussion followed on the agreement regarding water mains to be installed on Nab Hill Road and on McNab Road and the Agreement with Visual Graphics which never specified a time. Mr. Sparks said he was trying to couple an agreement with approval of their replat and he referred to the Jones Agreement. Mayor Abramowitz requested a meeting with City Manager Noe on Thursday, April 14, to discuss the matter. V/M Katz referred to Pulte Home and Land Section 8. Mr. Sparks said Kline Jones advised that the Agreement had nothing to do with Visual Graphics. VOTE: ALL VOTED AYE 9. MOTION TO AUTHORIZE the purchase of a new plotter at a cost of $7,949. for the Public Services Department and AUTHORIZATION to transfer $7,949. from the Utility West Contingency Account 425-371-588-975 to Machinery and Equipment Account 425-362-536-643. C/M Schreiber MOVED to APPROVE, SECONDED by C/M Mishkin. Mr. Sparks said he could not turn out drawings, maps or exhibits without the plotter and it was not cost effective to repair. C/M Schreiber questioned whether the old plotter took many hours to reproduce documents. Mr. Sparks answered, yes, and the new plotter could be automatically set and it would only take eight minutes to plot a City map. Discussion was held on the service agreement and if ammonia was used and Mr. Sparks said there was no service agreement and ammonia was not used. VOTE: ALL VOTED AYE 10. XQTION TO ADOPT Tenm..`ReAo_ #6671 expressing the intent of the City to exercise its option to renew the Agreement with the Broward Sheriffs' Office to provide police services for a two (2) year successive fiscal term (10/1/94 through 9/30/96). SYNO SIS OF ACTIQX* RESOLUTION R-94-54-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6671 by Title. V/M Katz MOVED APPROVAL, SECONDED by C/M Mishkin. V/M Katz said nothing in the Agreement indicated that the same City Council Regular Meeting 4/13/94/PP Page 8 facilities would be used to patrol areas of unincorporated Broward County without charging the City. Mayor Abramowitz said nothing was in the original Agreement. V/M Katz recommended the matter be discussed during negotiations. He referred to Page 4(g), Youth Counsellor, and inquired whether the City would get a credit. Mayor Abramowitz said the City was giving proper notification of their intent to renew and many hours would be spent negotiating the Agreement. TAPE 2 V/M Katz referred to Page 6, Article 2, and questioned whether services would be permitted if the option was not used and the Agreement was not renewed. Mayor Abramowitz said, yes, and added that the former Tamarac Police Department was unable to put more than five or six Officers on the street at a time. He said the Agreement was not being negotiated at this time. C/M Schreiber said before the City Manager meets with a Broward Sheriff's representative, he and Council should review building facilities not included in the Agreement. Mayor Abramowitz disagreed and referred to a separate Agreement. Discussion continued and C/M Schreiber suggested doing research to implement City Police services in the future. Mayor Abramowitz agreed. C/M Mishkin questioned if the Building Agreement and Police services could be incorporated into one so both would run concurrently. Discussion followed regarding Page 11 pertaining to a credit for leasing the building and Mayor Abramowitz said the Agreement was very detailed and Workshops would be scheduled. Discussion continued on the facilities, rent paid totaling almost $500,000 and Mayor Abramowitz said the facilities were not needed and Tamarac was the only City where rent was paid. VOTE: ALL VOTED AYE 11. a. MOTION TO ADOPT Tem2. Reso_ #6672 authorizing the appropriate City officials to execute an agreement retaining the law firm of Leibowitz & Associates, P.A., as outside counsel for the purpose of representing the City of Tamarac in the area of cable television. b. MOTION TO ADOPT TemF. Reso. #6679 authorizing the appropriate City officials to execute an agreement retaining the law firm of Leibowitz & Associates, P.A., as outside counsel for the purpose of preparing a model cable television ordinance for the City of Tamarac. F-1V4 � (6) 43 9-Me):iWAO4 :PP;• rr (a) City Attorney Kraft read Temp RESOLUTION R-94-55-PASSED RESOLUTION R-94-56-PASSED Reso. #6672 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by V/M Katz. City Attorney Kraft said Leibowitz & Associates would provide general cable counsel and Tamarac would be part of a Multi --City 1 LJ 1 City Council Regular Meeting 4/13/94/PP Page 9 group. He noted that Continental Cablevision was given notice regarding rates and that Leibowitz & Associates' rate was $175 per hour. He said Leibowitz & Associates' were cable television experts, Attorney Matthew Liebowitz was #1 in the Country and the Multi -City group would share the $600 usually charged. He said Attorney Liebowitz would write a white paper regarding a formal franchise for the entire City, which the City did not presently have. He said all franchisor's would have to meet Federal Law and discussion followed. C/W Machek questioned whether Attorney Liebowitz was present and Mayor Abramowitz said, no, but Attorney Liebowitz would be requested to make another presentation. VOTE: ALL VOTED AYE (b) City Attorney Kraft read Temp. Reso. #6679 by Title. C/M Schreiber MOVED APPROVAL, SECONDED by V/M Katz. Mayor Abramowitz said Leibowitz & Associates will prepare a formal franchise agreement and a Workshop will be scheduled because of the cost. He said Continental Cablevision's franchise agreement expires in four years and within the next two years, Continental Cablevision has to begin negotiations. He said Attorney Liebowitz advised that the terms of the new agreement could not be more lenient than Continental Cablevision. C/M Mishkin voiced his concerns regarding the agreement and questioned whether the Multi -City group would receive the same benefits. Mayor Abramowitz said Attorney Liebowitz advised that he would adhere to Tamarac's request not to represent the Multi - City group if said Group did not share the cost and copied the City's franchise. C/M Mishkin questioned whether Continental Cablevision's present agreement would prohibit granting new agreements until 1996. Mayor Abramowitz said, no, and City Attorney Kraft concurred. VOTE: ALL VOTED AYE 12. a. MOTION TQ AD,O,PT Tem]2, Reso. #6680 approving a plat entitled GOULD SOUTH PLAT. b. MOTION TO ADOPT Temp. Reso. #6681 granting Development Order No. 288 for the plat entitled GOULD SOUTH PLAT. (Project located south of McNab Road, east of the Sawgrass Expressway) TABLED 12.a. and 12.b. to regular City Council meeting, Wednesday, April 27, 1994 at the request of the applicant. (a) City Attorney Kraft read Temp. Reso. #6680 by Title. Mike Vander Meulen, AICP/Director of Planning, said the applicant was requesting the Item be Tabled to City Council regular meeting, Wednesday, April 27, 1994. City Council Regular Meeting 4/13/94/PP Page 10 C/M Schreiber MOVED to TABLE, SECONDED by C/W Mishkin. VOTE: ALL VOTED AYE (b) City Attorney Kraft read Temp. Reso. #6681 by Title. Mr. Vonder Meulen said the the Item coincided with Item 12 (a) and should also be Tabled to City Council regular meeting, Wednesday, April 27, 1994. V/M Katz MOVED to TABLE, SECONDED by C/M Mishkin. VOTE: ALL VOTED AYE 13. MOTION TO ADOPT Temv. Reso. #6674 authorizing the appropriate City officials to execute a contract/agreement with Fireworks by Grucci, Inc., in the amount of $9,000. with funding from Recreation Activities Account 001-550-572-481 to provide a fireworks display at the City`s July 4th celebration. SYNOPSIS OF ACTION: RESOLUTION R-94-57-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6674 by Title. There was no discussion. C/W Machek MOVED APPROVAL, SECONDED by C/M Mishkin. VOTE: ALL VOTED AYE 14. City CS Until Mayor Abramowitz questioned the status of natural gas lines into the City. Discussion followed pertaining to the Sawgrass Expressway, Commercial Boulevard, Visual Graphics and it was noted that individuals could contact Sunrise Gas for more information. Mayor Abramowitz questioned gas lines running to State Road 7. Dina McDermott, Assistant City Manager, said the contract would cover many areas and City Manager Noe would get a schedule focusing primarily on new areas and then expand to other areas. C/W Machek thanked the Parks and Recreation Staff for giving her a seat after the walk on April 9 and confirmed that V/M Katz arrived at the final destination before she did. She said Sallie James, Fort Lauderdale News/Sun Sentinel, was invited to walk in 1995 and City Manager Noe indicated that he might also walk at that time. C/W Machek said Tamarac Athletic Federation questioned repairs to the soccer and football fields and discussion followed regarding Recreation Impact Fees and Phases I and II at the Sports Complex. Ed Doyle said at the Parks and Recreation Board meeting on April 12, Mr. Hargray directed Staff to attend the next meeting on May 10 with proposals. C/W Machek suggested a joint meeting between Tamarac Athletic Federation and the Parks and Recreation Board and discussion continued. Mayor Abramowitz said Council Liaisons would not be appointed to Board or Committees run by Staff because all suggestions or City Council Regular Meeting 4/13/94/PP Page 11 1.1 recommendations would eventually come before the Council. V/M Katz also commended Mr. Doyle and the Parks and Recreation Staff regarding the walk on April 9 and referred to Mr. Hargray's completion of the walk. He asked everyone to join him in 1995. C/M Schreiber thanked Council for finishing the meeting after one - and -a -half hours and the manner in which the meeting was conducted. C/M Mishkin commended the City Clerk's Staff regarding off -site Voter registrations and he discussed an emergency call handled by the Broward Sheriff's Office regarding a neighbor. He concurred with C/M Schreiber's comments regarding the early meeting. Mayor Abramowitz discussed the budget presented to the Resource Recovery Board, Broward County, the $10-plus increase in tipping fees,the Resource Recovery Board, Broward League of Cities and that the Federal Government was requested to investigate. He said Broward County cities would attend a Broward League of Cities emergency meeting of the Board of Directors. He said each residence would pay an additional $2-plus every month and April 18, a Broward County Commissioner would become Chairman of the Resource Recovery Board. He said he received a call from the White House, Washington, D.C., but could not divulge the contents of his conversation although it would benefit the City. 15. City Attorney City Attorney Kraft - NO REPORT City Attorney Noe - NO REPORT With no further discussion, Mayor Abramowitz ADJOURNED the MEETING at 8:20 P.M. T Carol A. Evans, CMC City Clerk Norman*Abram04witCz-_7_ Mayor CITY OF TAIMARAC ApPR VELD AT M ET' G OF `. �-' City Clerk