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HomeMy WebLinkAbout1993-05-12 - City Commission Regular Meeting MinutesCity Council Regular Meeting 05/12/93/PP Page 1 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. City Council Regular Meeting 05/12/93/PP Page 2 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. City Council Regular Meeting 05/12/93/PP Page 3 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. City Council Regular Meeting 05/12/93/PP Page 4 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. 1 1 City Council Regular Meeting 05/12/93/PP Page 5 1 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. City Council Regular Meeting 05/12/93/PP Page 6 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 City Council Regular Meeting 05/12/93/PP Page 7 I L 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 r 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 City Council Regular Meeting 05/12/93/PP Page 8 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. City Council Regular Meeting 05/12/93/PP 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 City Council Regular Meeting 05/12/93/PP 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 1 Ll