HomeMy WebLinkAbout1993-05-12 - City Commission Regular Meeting MinutesCity Council Regular Meeting
05/12/93/PP
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, MAY 12, 1993
CALL TO ORDER: Mayor Bender called this meeting to order on
Wednesday, May 12, 1993, at 7:00 P.M. in Council Chambers of
Tamarac City Hall, 7525 Northwest 11th Avenue, Tamarac, Florida.
SENT;
Mayor H. Larry Bender
Vice Mayor Irving Katz
Councilman Norman Abramowitz
Councilman Joseph Schreiber
Councilman Henry Schumann
AT.4A PRii!S'RNT -
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Phyllis Polikoff, Secretary
5. MQTION TO ADOPT Temp_ Reso_ #6476 authorizing the
appropriate City officials to execute a Second Amendment to
Interlocal Agreement with Broward County for solid waste
disposal service.
TABLED at request of City Manager for more information.
City Manager Kelly requested Item 5 be TABLED in order to provide
more information to Council before they voted.
C/M Abramowitz MOVED to TABLE Temp. Rego. #6476, SECONDED by V/M
Katz.
1. MMOUNCEMENT of the expiration of the terms of office for
positions on the following boards and committees:
Board of Adjustment Parks and Recreation Board
Code Enforcement Board Public Information Committee
Consumer Affairs Committee Social Services Board
Insurance Advisory Board Urban Forestry Committee
Investment Advisory Committee Veterans Affairs Committee
If any Tamarac resident is interested in serving on any board
or committee, please contact the office of the City Clerk for
an application. If existing board and committee members
desire to be considered for reappointment, please indicate
this by memo to the City Clerk's Office. Present board and
committee members shall serve until appointments are made by
Council.
SYNOPSIS QF_ACTION:
ANNOUNCED by Mayor Bender
17. 9 Approving Hold Harmless
Agreement from Bruce Egan for removal of trees regarding the
City's Well #16 Project.
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SYNOPSIS OF ACIlgE;.
AGENDIZED by Consent
See Page 9 for discussion and final action
C/M Schumann said Item 17 was a Hold Harmless Agreement regarding
trees on property belonging to Bruce Egan.
C/M Schumann MOVED to AGENDIZE Temp. Reso. #6479, SECONDED by V/M
Katz.
VOTE: ALL VOTED AYE
2. PUBLIC PARTICIPATION ION - 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.
Nathan Peretzman, resident, discussed his concerns about the
Medics Ambulance audit and lawsuit for fiscal years 1989/1990 and
1990/1991 and the remittance due for fiscal year 1989/1990.
Additionally, he requested a copy of Medics Ambulance's reply and
he commented on the responsibilities of the City Manager and
Council.
Marvin Seidel expressed his concerns about the canals and he asked
if sterile carp could be purchased if monies were available. He
also discussed his thoughts regarding the Pulte development,
traffic on 71st Place and flooding.
Jesse Sompolinsky and Joseph Florio waived their time to allow
Louis Solomon speak on their behalf.
Louis Solomon, Isles of Tamarac, relayed the concerns of Messrs.
Sompolinsky and Florio, himself, and the homeowners of 71st Place,
regarding drainage and flooding on 71st Place.
C/M Schreiber said funds were available to correct the problem on
71st Place and Hazen & Sawyer provided options and costs but the
decision was up to the City.
C/M Abramowitz said the Engineers advised that lawns were pitched
incorrectly and sprinklers were aimed toward the street. He said
funds were budgeted to take care of the streets and it would cost
approximately $400,000 to do the job.
Discussion followed and Dina McDermott, Assistant City Manager,
said she was attempting to obtain Grant money under the Safe
Neighborhood Act. C/M Schreiber reiterated his thoughts about
there being available funding.
Mary Blasi, Finance Director, said funds in the Impact Fee Account
were for retention drainage ponds at Southgate Boulevard and not
streets and roads.
Carl Alper, resident, spoke of his concerns regarding Item 8 and
the Sign Ordinance.
Terry Hobmeier, Isles of Tamarac, thanked Council for the
overhead signs and the 25 Mile Per Hour speed sign on 71st Place.
Additionally, she said the median on McNab Road going into
Scotty's and on the median on McNab Road west of Pine Island Road
needed painting. She discussed her concerns regarding lights on
Commercial Boulevard south of Rock Island Road and she read a
Petition regarding the flooding on 71st Place and gave it to Mayor
Bender.
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Mayor Bender OPENED the Public Hearing Portion of the Meeting.
12. P.URLIC HEARING - MOTION TO ADOPT Tames- Ord_ 11648 on second
reading authorizing the appropriate City officials to execute
an Agreement with All Service Refuse to provide single-family
solid waste collection in the City of Tamarac.
SYNOPSIS OF ACTION: ORDINANCE 0-93-10-PASSED
Public Hearing Held and APPROVED on Second Reading and Final
Hearing.
City Attorney Kraft read Temp. Ord. #1648 by Title.
V/M Katz MOVED to APPROVE Temp. Ord. #1648, SECONDED by C/M
Schreiber.
Mr. Peretzman asked about the tipping fee, why residents had to
pay $.63 for garbage bags, term of the contract, if a C.O.L.A. was
included every year, the Franchise Fee, Performance Bond, the
proper way to tie branches and the measurements of the bundles.
V/M Katz said the proposed Agreement will cost $9.30 per month
with a Franchise Fee/User Fee built-in. He said many residents
did not pay any real-estate taxes and this was a method of
bringing revenue from these residents.
Mr. Sompolinsky expressed his
comments about tree trimmings.
There was discussion regarding
bags, cans, quantities, sizes, and
amounts of weekly pick-ups.
C/M Abramowitz said there would
be twice -a -week pick-up consisting
of two cans or two bags or one
can and one bag or one can or bag
and one bundle or one can and
one bundle. Furthermore, the
contract contained a C.O.L.A.
increase and the maximum weight of
the two cans, etc., could not
exceed 80 pounds per pick-up or 160
pounds each week. He said it
was an excellent contract.
TAPE 2
City Manager Kelly said the cost for single-family residences
would be reduced to $9.30 and All Service Refuse would do the
billing quarterly, in advance, He said any combination of two
containers, i.e., two bags, one bag/one can or two cans = 80
pounds, not to exceed 160 pounds, for the entire week. He
indicated that very few residents put out 160 pounds of garbage
each week and very few residents would be impacted. He said each
additional bag over the two would cost $.63 and discussion
followed regarding where the bags would be sold.
Harold Carter, Vice President of All Service Refuse, said
information would be provided in the Tam -A -Gram, in flyers, and on
door -hanger data sheets. He said with regard to C.O.L.A.,
increases would be generated after Council approval. Mayor Bender
recommended that a Hot Line be included in the Tam--A-Gram, flyer
and door -hanger data sheet.
C/M Abramowitz discussed the Agreement and asked if the City could
renew the Agreement for five years at the City's option, under the
conditions which existed today. Mr. Carter said, yes. Further
discussion ensued on the size of the cans, bags, and the weights
of the cans and bags.
Sol Markowitz, Isles of Tamarac, asked about the one -month
vacation period and what would happen if a homeowner was away more
than one month.
Mr. Coghlan asked about garbage pick-up at the clubhouses. Mr.
Carter answered that twice a week, two cans would be picked up at
no charge.
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Stan Bernard, Chairman of Public Information Committee, agreed
that many people were confused but Mr. Kelly prepared an article
for the next issue of the Tam -A -Gram.
Jo Wright, Tamarac Lakes North, asked about side yard or back yard
pick-up and if the billing would be sent to the association or the
resident. Mr. Carter said extra charges would be billed to the
Association.
C/M Abramowitz asked if another way could be found to bill the
Associations if people did not want to pay for side yard or back
yard pick-ups. Mr. Carter answered it was difficult to
differentiate between those who wanted said pick-ups from those
who did not. Discussion followed and Mr. Carter said this
procedure would be reviewed.
Ms. Wright asked when the contract would go into effect. Mr.
Kelly responded, June 1. There was discussion and Mr. Carter said
Waste Management would cease services June 1 and All Service
Refuse would commence services the same day; the City would bill
$9.30 for June; All Service Refuse would pay the additional cost
for inserts or flyers indicating decreased rates; All Service
Refuse would bill on July 1 for July, August and September.
C/M Abramowitz stated that Waste Management needed a 30-day notice
and suggested that service should begin July 1.
Dennis Urbanski, General Manager of Waste Management, said he
would have no problem waiving this 30-day notice. There was a
brief discussion about the billing periods.
C/M Schreiber agreed the contract was excellent and it was in the
City's best interest because it saved the residents money.
Mayor Bender CLOSED the Public Hearing portion of Item 12 with no
further discussion.
VOTE:
ALL VOTED AYE
13. PUBLIC HEARING - MOTION TO ADOPT Tema Ord_, #1645 on second
reading to amend Chapter 16, Article III, of the City Code to
provide for trustee -to -trustee transfers of lump sum pension
distributions as required by the Federal Unemployment
Compensation Amendment of 1992.
ORDINANCE 0--93-11-PASSED
Public Hearing Held and APPROVED on Second Reading and Final
Hearing.
City Attorney Kraft read Temp. Ord. #1645 by Title.
C/M Abramowitz MOVED to APPROVE Temp. Ord. #1645, SECONDED by C/M
Schreiber.
Mayor Bender OPENED and CLOSED the Public Hearing portion of Item
13 with no further discussion.
VOTE: V/M Katz - ABSENT
C/M Schumann - AYE
C/M Schreiber - AYE
C/M Abramowitz - AYE
Mayor Bender - AYE
Mayor Bender CLOSED the Public Hearing portion of the Meeting.
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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.
a. MOTION TO APPROVE the minutes of the City Council
Regular Meeting of 4/14/93.
b. MOTION TO APPROVE
HIDDEN HARBOUR for
12/24/93.
renewal of a model sales permit for
a six-month period from 6/24/93 to
C. MQX= TO ARPROVE a revised model sales permit, waiver
of the 300-foot distance requirement for issuance of
certificates of occupancy, and waiver for seven (7)
parking spaces for the WATERS EDGE project at 5922 NW 93
Terrace for a six-month period from 2/26/93 to 8/26/93.
C/M Schreiber MOVED to APPROVE Consent Agenda Item 3, SECONDED by
V/M Schumann.
VOTE:
4.
Fire Department to
position, reassign
assignments.
the organizational restructuring of the
reestablish an assistant fire chief
personnel to shifts and reflect actual job
C/M Schreiber MOVED to APPROVE the organizational restructuring of
the Fire Department, SECONDED by C/M Abramowitz.
Mr. Kelly said existing Commanders would return to their shift
assignments at the rank from which they were appointed, the
position of Assistant Fire Chief would be created and given a
five -percent increase above the Commanders, the Office Manager
would receive a five -percent increase due to increased duties and
responsibilities and the Data Entry Operator would be reclassified
to Secretary with a five -percent increase.
V/M Katz said Jim Budzinski, Fire Chief, was also the only Fire
Marshal and when Chief Budzinski was out-of-town, who would be
Fire Marshal. Chief Budzinski said the South Florida Building
Code provided for one licensed Fire Marshal in each City, and
there were provisions to appoint someone temporarily in his
absence to fulfill those duties. Furthermore, the Fire Inspector
could be appointed Temporary Fire Marshal.
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V/M Katz asked if the Plan Review Inspector had to get Certified.
Chief Budzinski said nothing was done unless he was out-of-town.
V/M Katz said the Assistant Fire Chief should also become a
Certified Fire Marshall, similar to the Plan Review Inspector.
Chief Budzinski agreed.
C/M Abramowitz agreed with the concept, however, when negotiations
commenced would those receiving the five -percent increase now also
receive an additional increase on top of that. Mr. Kelly said,
yes. Chief Budzinski said there was only one Federation person in
the restructuring.
Chief Budzinski said the restructuring would save money and
overtime because said money was below what was expended if
everyone remained in their present positions and no one got any
increases.
C/M Schumann voiced his objections to the restructuring concept
and that it was difficult to get individuals on assigned shifts to
report to work. Furthermore, he said an Assistant Fire Chief
would not cut down on overtime.
Chief Budzinski said three Commanders are presently doing one
person's job and two Commanders would be reclassified to shift
assignments. Furthermore, two people would be trimmed from the
Administrative Staff, the support staff would be increased by two
and staff would not be increased in any way.
Mayor Bender asked about the benefits which were lost at the time
the employees were promoted to Commander. Chief Budzinski said
bargaining unit employees received benefits which were not
available to Staff/Managerial people.
C/M Schreiber said restructuring would save money and it would be
more efficient.
VOTE: C/M Abramowitz - AYE
V/M Katz - AYE
C/M Schumann - NAY
C/M Schreiber - AYE
Mayor Bender - AYE
6. awarding Bid #93-03 in the
amount of $27,953.39 to Central Florida Landscaping of Tampa,
Inc., for the supply, installation and guarantee of trees in
the BOULEVARDS neighborhood with funds from The Boulevards/
County Funds Account.
S=PSIS OF ACTION: RESOLUTION R-93-49-PASSED
APPROVED
City Attorney Kraft read Temp. Reso. #6477 by Title.
V/M Katz MOVED to APPROVE Temp. Reso. #6477, SECONDED by C/M
Schreiber.
Dina McDermott, Assistant City Manager, said Central Florida
Landscaping of Tampa, Inc., was the lowest and most responsive
bidder. Additionally, funding came from the Broward County Tree
Trust Fund Grant.
Mayor Bender asked if replacement of trees also included
installation. Ms. McDermott said, yes, it was part of the bid
package and it included trees, labor, and material.
VOTE: ALL VOTED AYE
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7. authorizing the
appropriate City officials to execute the Assignment of
Recreation Lease and Restrictions to TAMARAC LAKES SOUTH
Civic Association, Inc.
RESOLUTION R-93-50-PASSED
City Attorney Kraft read Temp. Reso. #6465 by Title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6465, SECONDED by C/M
Schreiber.
City Attorney Kraft said Attorney Platt requested the City to sign
over any rights and liabilities, etc., regarding Tamarac Lakes
South Civic Association's Recreation Lease. He said the request
was consistent with other Resolutions previously passed.
Mayor Bender said the Assignment would exonerate the City from any
responsibility and said Assignment would be given back to the
Association. City Attorney Kraft agreed.
V/M Katz questioned whether the City was still paying for electric
meters and, if so, the City should be released from this
obligation. City Attorney Kraft said he would research and advise
Council.
C/M Schreiber asked about a $75,000 deficit in the City Bank,
Miami and the City's responsibility should be removed from this
obligation, as well. City Attorney Kraft said all rights and
obligations regarding the Recreation Lease were being signed over
to the Civic Association.
VOTE:
8. approving a waiver to the
provisions of the sign code requested by Hotz Plaza (CLUB
SHOPPING PLAZA), 6301 W. Commercial Boulevard, to allow a
directory sign:
- 15-feet high with a sign area of 70 square feet
- With complex letters 8-inches high and tenant letters
10 and 6-inches high
- With building name and tenant names of 11 and 8 square
feet of individual name areas
- 10--feet from the property line
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City Attorney Kraft read Temp. Reso. #6472 by Title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6472, SECONDED by C/M
Abramowitz.
C/M Abramowitz said Council should do everything they could to
help businesses in the City and although they APPROVED several
variances, he disapproved the request.
Dan Wood, Chief Building Official, said Staff determined all the
violations, i.e., size and height of the directory sign, size of
the sign -face area, size of the letter name height, building name
and tenant names of individual name areas and distance regarding
the right -of --way, exceeded what was allowed. He said Staff could
not APPROVE the application.
Michael Pines, representing the owner, said although the Code
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changed, he just wanted to replace the sign that was damaged by
Hurricane Andrew with a smaller sign and he did not want to create
a hardship.
C/M Schreiber said the Code should be flexible and Council should
be lenient and allow Mr. Pines to replace the sign.
V/M Katz MOVED to TABLE Temp. Reso. #6473.
C/M Abramowitz said the original sign violated the Code. There
was discussion and the MOTION was SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
9. expressing the desire of
the City Council that the date for municipal elections be
changed from the second Tuesday in March to the first Tuesday
after the first Monday in November of each calendar year.
SYNOPSIS OF ACTION: RESOLUTION R-93-51--PASSED
APPROVED
City Attorney Kraft read Temp. Reso. #6470 by Title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6470, SECONDED by C/M
Abramowitz.
C/M Schumann asked about the Resolution and when would it become
effective. City Attorney Kraft replied the Resolution would
become effective upon passage and adoption but the actual election
would require State action.
C/M Schumann asked when it would it take place if it was passed by
the State prior to March, 1994. City Attorney Kraft said it was
up to the State.
Mayor Bender indicated the Resolution would advise the State of
the City's interest in changing the election date and the Broward
League of Cities also made the same recommendation.
VOTE: ALL VOTED AYE
10. MOTION TO ADOPT, TIDp_ Reso_ #6478 approving a special
exception requested by R&A Food Services, Inc., d/b/a Boston
Chicken to allow a restaurant in MIDWAY PLAZA, 5815
University Drive. Petition 12-Z-93
SYNOPSIS OF ACTION: RESOLUTION R-93-52-PASSED
APPROVED
City Attorney Kraft read Temp. Reso. #6478 by Title.
V/M Katz MOVED to APPROVE Temp. Reso. #6478, SECONDED by C/M
Schreiber.
There was no discussion.
VOTE:
ALL VOTED AYE
11. MOTION TO ,ADQRX &=__ ResQ_#6471 accepting the
Comprehensive Annual Financial Report, of which the auditor's
report, prepared by Grant Thornton, is a part, for Fiscal
Year Ending 9/30/92.
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Page 9
RESOLUTION R-93-53-PASSED
City Attorney Kraft read Temp. Reso. #6471 by Title.
V/M Katz MOVED to APPROVE Temp. Reso. #6471, SECONDED by C/M
Schreiber.
Ms. Blasi presented and read Grant Thornton's opinion from the
Financial Report ending 9/30/92.
C/M Schreiber asked if the 9/30/92 Fund Balance of $2,251,746. on
Page 9 was correct. Ms. Blasi said, yes.
C/M Schreiber also asked about the $160,000 liability under
Drainage Improvements on Page 53. Ms. Blasi answered that
developers paid impact fees for drainage retention ponds but a
Resolution was passed to transfer monies from the General Fund to
the Special Impact Fee fund to fund the Southgate Boulevard
Retention Pond Project. Furthermore, the General Fund would be
reimbursed once the developers paid the impact fees to develop the
property.
V/M Katz requested a Workshop be scheduled to discuss this matter
before Ms. Blasi's final day of work.
VOTE:
ALL VOTED AYE
17• 9 Approving Hold Harmless
Agreement from Bruce Egan for removal of trees regarding the
City's Well #16 Project.
SXMESIS-OF ACTION: RESOLUTION R-93-54-PASSED
APPROVED
AGENDIZED by Consent on Pages 1 and 2.
City Attorney Kraft read Temp. Reso. #6479 by Title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6479, SECONDED by C/M
Schreiber.
There was no discussion.
VOTE: ALL VOTED AYE
REPORTS
14. Q+3 g Ccg,uncil
C/M Schumann reported than the Tournament for Tommy Van Note was
successful and over $20,000 was donated with more expected. He
thanked everyone who participated.
V/M Katz said he was still trying to bring ice hockey to Land
Section 7 and the City could be placed on a short-list. He said
the people he contacted were interested only if the City received
a tentative commitment. Additionally, Tamarac Elementary School
was expected to double in size and he requested Staff do whatever
was necessary to allow Building Officials to inspect any upcoming
construction at the School. He said the Broward County School
Board did not have to get building permits or allow Building
officials on the job.
C/M Schreiber expressed his thanks to Council for APPROVING the
single-family garbage contract and for declaring its interest in
having an elections only in November. He requested a Workshop to
discuss restructuring in the Fire Department and he added there
was a problem with overnight parking because signs were not
posted. He said there were inconsistencies in speed limit signs
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Page 10
from one street to another. Lastly, Code Enforcement was not
addressing areas which needed cleaning and complaints which needed
enforcing and he requested a Workshop.
TAPE 4
C/M Abramowitz said a bus shelter was finally installed at Tamarac
Library after a Interlocal Agreement was signed with Broward
County. He stated that Broward County also had a Tree Ordinance
and monies could be deducted if trees were not trimmed properly.
Furthermore, the City had a Tree Ordinance and Broward County has
advised nothing will be done if they are notified every year that
the Ordinance is in place. Additionally, there would be a
revision to Broward County's Ordinance and when the revisions are
clarified, he would report back to Council.
Mayor Bender said a new resident wrote a letter regarding a
citation (because signs were not posted) for parking overnight on
the swale. He asked Mr. Kelly to communicate with BSO and Broward
County about this problem. Furthermore, BSO was very cooperative
when they were advised the caller had to park elsewhere because
vehicles could not be parked on a driveway.
15. City Attorney
City Attorney Kraft - NO REPORT
Mr. Kelly said several residents complained that No Parking signs
were not being enforced and the new resident was the first to
receive a citation. He suggested new residents be given
notification of the City's Regulations with regard to when and
where they could or could not park. Mayor Bender suggested this
be done when a new resident opened their account with the Water
Department. Additionally, he invited everyone to Arbor Day
festivities and the Grand Opening of the Outdoor Learning Center
behind the Multi -Purpose Center at 9:30 a.m. on Friday morning,
May 14. Mayor Bender said the funding came from a Grant.
Hearing no further discussion, Mayor Bender ADJOURNED the Meeting
at 9:10 P.M.
CAROL A. EVANS
City Clerk
CITY OF TAMARAC;
APPROVED AT MEETING OF „.,, - _ "3
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