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HomeMy WebLinkAbout1994-09-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 14, 1994 CALL TO ORDER: Mayor Abramowitz called the meeting to order on Wednesday, September 14, 1994, at 9:00 a.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 (entered at 10:15 a.m.) ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Kristina L. Haynes, Secretary PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance. TAPE 1 5. d. MOTION TO ADOPT Temp. Reso. #f 820 authorizing the City Manager to execute the Termination, Assignment and Distribution Agreement with regard to the Joint Recycling Program Administration Interlocal Agreement between the cities of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac, previously approved by Council on December 18, 1989, as amended. 5. g. MOTION TO ADOPT Temp. Reso. #6814 authorizing the appropriate City officials to execute the Addendum to the June 29, 1989 Agreement with P/A First Plaza Joint Venture I, successors in interest to Pan American Properties, Inc., for the lease of property at 4901 NW 17 Way for the installation of communications antenna and other equipment to accommodate City repeater equipment for voice and telemetry applications at a cost of $95. per antenna per month. U 1 1 City Council Regular Meeting 9/ 14/94/KH Page 2 V/M Katz MOVED to REMOVE Items 5.d. and 5.g. for discussion, SECONDED by C/W Machek. (See Pages 5 and 6 for final action) VOTE ALL VOTED AYE Mayor Abramowitz announced that the City of Tamarac received the second and final installment of $60,000 in the settlement with Medics Ambulance Service. He said the Department of Transportation has made two changes at the intersection of Commercial Blvd. and Mainlands Dr. As of 7/6/94 no eastbound turns are allowed and cars blocking the intersection while waiting for the red light will receive citations. 1. PRESENTATION by Mayor Abramowitz of five-year service awards to the following employees: Sherry Bauer Purchasing Department Maurice Gordon Public Services Department Brian London Public Services Department Robert Pugliese Public Services Department Presentations were made. Brian London's and Robert Pugliese's service awards were given to Vernon Hargray, Public Services Director, due to their absence. 2. PRESENT.ATIQN_ by Mayor Abramowitz of ten-year service awards to the following employees: Marcia Berman Public Services Department David Silverbloom Fire Department Presentations were made. David Silverbloom's service award was given to Alan Levine, Operations Manager, due to his absence. 3. ANNOUNCEMENT of vacancies on the following boards and committees: Annexation Committee Board of Adjustment Consumer Affairs Committee Urban Forestry Committee Veterans Affairs Committee Announcement was made by Mayor Abramowitz. City Council Regular Meeting 9/14/94/KH Page 3 PUBLIC PARTICIPATION 4. PUBLIC P RTI IPATI N - 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. Mayor Abramowitz opened the public participation and the following people spoke: Nathan Peretzman, 6600 NW 57 Court, Bea Rosenbaum, 7035 Golf Point Circle and Si Bauer, 7208 NW 94 Way. CONSENT AGENDA 5. Items listed under Consent Agenda, Item 5, 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: APPROVED 1) 8/24/94 - Regular Meeting 2) 8/29/94 - Special Meeting 3) 9/02/94 - Special Meeting b. MOTION TO ADOPT Temp; Rgso. #6825 authorizing the attendance of Karen M. Willard, Comptroller, at the Governmental Finance Officers Association seminar in Atlanta, Georgia, September 25-29. APPROVED-RESOLUTION-R-94-170-PASSED C. MOTION TO ADOPT T m . R so. #6812 expressing the intention of the Council to not renew the Agreement with Waste Management, Inc., for residential curbside recycling program and directing the City Manager to notify Waste Management, Inc., of the City's intent to terminate the Agreement at the end of its original term which is December 18, 1994. APPROVED-RESOLUTION-R-94-171-PASSED City Council Regular Meeting 9/14/94/KH Page 4 e. MOTION TQ ADOPT Temp. . #6826 authorizing the purchase of safety shoes, as provided within the PPE contract, to Lehigh Safety Shoes under GSA Contract #GS-07F-8203B at a cost of $50. to $75 with funding from various departments under Object Code 475 entitled Protective Clothing at a total approximate cost of $14,000. APPROVED-RESOLUTION-R-94-173-PASSED f. MQT1QR TO ADOPT TemI2. R #6813 authorizing the appropriate City officials to execute the Addendum to the June 29, 1989 Agreement with Continental Cable and Joseph W. and Diana R. Biesterfeld for the lease of space at 6116 N. University Drive for the installation of communications antenna and other equipment to accommodate City repeater equipment for voice and telemetry applications at a cost of $1.00 per antenna per year. APPROVED-RESOLUTION-R-94-174-PASSED h. MOTION TQ ADOPT Temp. RgSo. #6822 authorizing the appropriate City officials to execute the Second Amendment to the Water and Sewer Developer's Agreement with Pulte Homes for Land Section 6, CAPTIVA/SANIBEL project, to establish the commencement of payment of guaranteed revenues six months after payment of CIAC fees. APPROVED-RESOLUTION-R-94-176-PASSED i. MOTION PT Temp, R authorizing the appropriate City officials to execute a Covenant (Hold Harmless Agreement) with Pulte Homes, Inc., for the construction of an area of stamped concrete (a/k/a bomanite) in the entranceway off Nob Hill Road for the PLUM BAY project. APPROVED- RESOLUTION-R-94-177-PASSED j. authorizing the appropriate City officials to execute an Interlocal Agreement with the City of Fort Lauderdale for the purchase of water from the Port Lauderdale system to service the City of Tamarac East Service Area (tabled on 8/24/94). APPROVED-RESOLUTION-R-94-178-PASSED v) 1 u 1 City Council Regular Meeting 9/14/94/KH Page 5 k. MOTIQN TO ADOPT T R #6821. awarding Bid #94- 10 in the amount of $62,400. to DRD Enterprises for the removal and disposal of the water treatment lime sludge for FY 95 with funding from Account 425-363-533-316 entitled Sludge Removal Expense. APPROVED-RESOLUTION-R-94-179-PASSED I. MOTION TO ADOPT_Temp. Res4. #6830 authorizing the appropriate City officials to execute Addendum 94-05 to the engineering agreement with Hazen and Sawyer in the amount of $17,388. for the MUNICIPAL PARKING LOT Contamination Assessment Reports and AUTHORIZING the transfer of $17,388. from General Contingency Account 001-872-588-975 to Parking Lot Environmental Costs Account 155-654-539-4YE to fund this addendum. APPROVED-RESOLUTION-R-94-180-PASSED C/W Machek MOVED to APPROVE the Consent Agenda, with the exception of Items 5.d. and 5.g., SECONDED by C/M Mishkin. VOTE: ALL VOTED AYE 5. d. MOTION TO ADOPT Temp. Reso. #682.0 authorizing the City Manager to execute the Termination, Assignment and Distribution Agreement with regard to the Joint Recycling Program Administration Interlocal Agreement between the cities of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac, previously approved by Council on December 18, 1989, as amended. APPROVED-RESOLUTION-R-94-172-PASSED (Removed from Consent Agenda on page 1) City Attorney Kraft read Temp. Reso. #6820 by Title. V/M Katz MOVED to TABLE Temp. Reso. #6820 until Items 8 and 9 are complete. There was NO SECOND to this MOTION. C/W Machek MOVED to APPROVE Item 5.d., SECONDED BY C/M Mishkin. City Council Regular Meeting 9/14/94/KH Page 6 VOTE: V/M KATZ NAY C/M MISHKIN AYE C/W MACHEK AYE MAYOR ABRAMOWITZ AYE 5. g. MOTION PT T #6814 authorizing the appropriate City officials to execute the Addendum to the June 29, 1989 Agreement with P/A First Plaza Joint Venture I, successors in interest to Pan American Properties, Inc., for the lease of property at 4901 NW 17 Way for the installation of communications antenna and other equipment to accommodate City repeater equipment for voice and telemetry applications at a cost of $95. per antenna per month. APPROVED-RESOLUTION-R-94-175-PASSED (Removed from Consent Agenda on page 1) V/M Katz MOVED to APPROVE Item 5.g., SECONDED by C/M Mishkin. ' VOTE: ALL VOTE AYE END OF CONSENT AGENDA 6. MOTION TO ADOPT Temp. R - #6816 increasing the monthly rate to Southern Sanitation Service for providing multi -family solid waste service by $1.13 per yard effective 10/1/94 due to Broward County's tipping fee increase. APPROVED-RESOLUTION-R-94-181-PASSED City Attorney Kraft read Temp. Reso. #6816 by Title. C/W Machek MOVED to APPROVE Temp. Reso. #6816, SECONDED by V/M Katz. VOTE: ALL VOTE AYE 7. MOTION TO ADOPT Temp. Reso. #6817 increasing the monthly rate to All Service Refuse for providing single-family solid waste service by $1.73 per month from $10.15 to $11.88 and the cost of 1 I 1 City Council Regular Meeting 9/ 14/94/KH Page 7 bags will increase by $.19 from $.71 to $.90 effective 10/1 /94 due to Broward County's tipping fee increase. APPROVED-RESOLUTION-R-94-182-PASSED City Attorney Kraft read Temp. Reso. #6817 by Title. V/M Katz MOVED to APPROVE Temp. Reso. #6817, SECONDED by C/M Mishkin. VOTE: ALL VOTE AYE 8. MOTION TO ADOPT Temp. -Ord. #1_697 on first reading authorizing the appropriate City officials to execute an Agreement with All Service Refuse Company, Inc., for residential single family waste collection. City Attorney Kraft read Temp. Ord. #1697 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1697 on first reading, SECONDED by C/M Mishkin. VOTE: ALL VOTE AYE 9. MOTION TO ADOPT Temp, Ord. #1698 on first reading awarding Joint Group Cities Bid No. 6-20-91-10 to All Service Refuse Company, Inc., and authorizing the appropriate City officials to execute a franchise agreement with All Service Refuse Company, Inc., for recycling collection. City Attorney Kraft read Temp. Ord. #1698 by Title. C/W Machek MOVED to APPROVE Temp. Ord. #1698 on first reading, SECONDED by C/M Mishkin. VOTE: ALL VOTE AYE 10. authorizing the appropriate City officials to execute an agreement with BellSouth Mobility to place an antenna on City Property known as TRACT 27. APPROVED-RESOLUTION-R-94-183-PASSED City Attorney Kraft read Temp. Reso. #6833 by Title.' tia 1 1 1 City Council Regular Meeting 9/14/94/KH Page 8 V/M Katz MOVED to APPROVE Temp. Reso. #6833, SECONDED by C/M Mishkin. Il_1: J:Wa 1141 OF ALL VOTE AYE 11. MOTION TO ADOPTTemp. #681a approving the reduction of Humana Health Plan rates for employees by 8% for the HMO Plan and 13% for the PPO Plan at a savings to the City of $59,000. and to the employees of $19,000 for FY 95. APPROVED-RESOLUTION-R-94-184-PASSED City Attorney Kraft read Temp. Reso. 46819 by Title. C/M Mishkin MOVED to APPROVE Temp. Reso. #6819, SECONDED by C/W Machek. VOTE: ALL VOTE AYE 12. MOTION TO ADOPT T m . Rgsg. #6821 authorizing renewal of the City's Property Insurance Program with the Florida League of Cities for FY 95 at an annual premium of $17,532. APPROVED-RESOLUTION-R-94-185-PASSED City Attorney Kraft read Temp. Reso. #6828 by Title. C/W Machek MOVED to APPROVE Temp. Reso. #6828, SECONDED by C/M Mishkin. VOTE: ALL VOTE AYE 13. MQTI N To ADAPT Temj. ReW. #6832 authorizing the placement of the City's Liability Insurance Program with Mt. Airy Insurance Company at an annual premium of $119,560. and the City's Workers' Compensation Insurance with Midwest Employers Casualty Company at an annual premium of $27,165. for FY 95. APPROVED-RESOLUTION-94-186-PASSED City Attorney Kraft read Temp. Reso. #6832 by Title. C/W Machek MOVED to APPROVE Temp. Reso. #6832, SECONDED by V/M Katz. H City Council Regular Meeting 9/ 14/94/KH Page 9 VOTE: ALL VOTE AYE Mayor Abramowitz called for a RECESS at 9:57 a.m. and RECONVENED at 10:00 a.m. with all present. 17. QUASI- JUDICIAL - PUBLIC HEARING - MOTIQN TO ADOPT Temp. Ord. #1694 on second reading concerning a request by the City of Tamarac Planning Commission to rezone a portion of Tract 74, WOODMONT TRACT 74 AND 75, located east of NW 80 Avenue and south of NW 75 Street, and commonly known as the "Bonaire Environmentally Sensitive Land (ESL) Site, from R-31J (Row House) to S-1 (Open Space/Recreation). Petition #14-Z-94. APPROVED-ORDINANCE-0-94-1 1 -PASSED City Attorney Kraft read Temp. Ord. #1694 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1694 on second reading, SECONDED by C/W Machek. Mayor Abramowitz opened and closed the public hearing with no response. VOTE: ALL VOTE AYE 18. PUBLIC HEARIN - M TI N TQ AD PT Tgmg. Ord. #1622 on second reading amending Ordinance 0-89-44 adopting a development order for the WESTPOINT Development of Regional Impact (DRI) of approximately 158 acres bounded by the Sawgrass Expressway on the west, Commercial Boulevard on the south, and Nob Hill Road on the east, to provide for the 5-year extension of the buildout date, the extension of the construction date of Hiatus Road and the extension of the downzoning or reduction of density or intensity date (tabled on 8/24/94). City Attorney Kraft read Temp. Ord. #1692 by Title. C/W Machek MOVED to TABLE Temp. Ord. #1692 until the next meeting on September 28, 1994 at or after 7:30 p.m., SECONDED by V/M Katz. VOTE: ALL VOTE AYE 1 E City Council Regular Meeting 9/ 14/94/KH Page 10 19. PUBLIQ 11EAHINGMOTION TQ ADOPT Temp. Ord. #1691 on second reading amending Section 6-35 of the Code entitled "Photocopying Fees" to revise current document sizes and fees to recover costs of reproduction. APPROVED-ORDINANCE-0-94-12-PASSED City Attorney Kraft read Temp. Ord. #1691 by Title. C/M Mishkin MOVED to APPROVE Temp. Ord. #1691 on second reading, SECONDED by C/W Machek. Mayor Abramowitz opened and closed the public hearing with no response. VOTE: ALL VOTE AYE END OF PUBLIC, HEARINGS 14. MQIION TO AQQ2T IOMP. Rgso. 1683 5 accepting the results of the voting at the September 8, 1994, Special Election on the following Charter Amendments: Amendment No. 1-9/94 - Section 12.12 of the Charter - City Council Changed To City Commission, Councilmembers Changed To Commissioners Amendment No. 2-9/94 - Section 6.03 of the Charter - All Redistricting Committee Members Appointed By Council Amendment No. 3-9/94 - Section 4.04 of the Charter - Mayor And Councilmember Compensation Increased Amendment No. 4-9/94 - Section 8.01 of the Charter - Selection Of Charter Board Changed From Election To Appointment By Council APPROVED-RESOLUTION-R-94-16 9-PASSED City Attorney Kraft read Temp. Reso. #6835 by Title. C/W Machek MOVED to APPROVE Temp. Reso. #6835, SECONDED by V/M Katz. VOTE: ALL VOTE AYE City Council Regular Meeting 9/ 14/94/KH Page 11 15. -MOTION approving a major delegation request by C.C. Winningham to amend certain notations on the unrecorded TAMARAC TRACT 24 PLAT establishing a mix of dwelling units, removing a note related to HUD, adding a bus shelter easement, and generally updating surveyor dimensions, dates and names. Petition #7-P-94 (located east of Nob Hill Road, south of NW 81 Street) APPROVED-RESOLUTION-94-187-PASSED City Attorney Kraft read Temp. Reso. #6818 by Title. V/M Katz MOVED to APPROVE Temp. Reso. #6818, SECONDED by C/W Machek. Jim Brady of Brady and Coker, Petitioner, waived his Quasi -Judicial rights. TAPE 3 VOTE: C/M SCHEIBER NAY C/W MACHEK AYE V/M KATZ AYE C/M MISHKIN AYE MAYOR ABRAMOWITZ AYE 16. a. QUASI -,JUDICIAL - MOTION TO ADOPT Te=. Reso. #680B approving a request by Gerard Blackmore for an encroachment of 1-foot into a 5-foot utility easement along the side (west) lot line of 7408 NW 75 Street (Lot 26, Block 1, Greenbrier) for a utility shed. Petition #5-P-94. (tabled on 8/24/94) APPROVED-RESOLUTION-R-94-188-PASSED b. MOTION TQ ADOPT Temp, Reso. #6809 concerning a request by Gerard Blackmore to waive administrative fees, processing fees, advertising costs and permitting fees associated with an encroachment application, a variance granted by the Board of Adjustment and a future building permit for a utility shed at 7408 NW 75 Street. (tabled on 8/24/94) Waiver DENIED a. City Attorney Kraft read Temp. Reso. #6808 by Title. Gerard Blackmore, Petitioner, waived his Quasi -Judicial rights. J City Council Regular Meeting 9/14/94/KH Page 12 C/M Mishkin MOVED to APPROVE Temp. Reso. #6808, SECONDED by C/W Machek. VOTE: ALL VOTE AYE b. City Attorney Kraft read Temp. Reso. #6809 by Title. Mike Vonder Muelen, Director of Planning, stated that the approximate costs are $893.00 for processing and $35.00 for the building permit. C/W Machek MOVED to APPROVE Temp. Reso. #6809 to waive variance fees of $300.00, realty list of homes fees of $150.00, advertisement fees of $143.00 and encroachment fees of $300.00. There was NO SECOND to this MOTION. C/M Schreiber MOVED to DENY Temp. Reso. #6809 requesting waiver of fees, SECONDED by V/M Katz. VOTE: C/W MACHEK NAY V/M KATZ AVE C/M MISHKIN AYE C/M SCHREIBER AYE MAYOR ABRAMOWITZ AYE 20. A - DI IAL - MOTION TQ ADOPT Temp. Reso. #6024 approving a revised site plan for CITIBANK (formerly UNIVERSITY DINER) to permit the demolition of the existing building and construction of a new bank building with drive -through tellers, revisions to parking areas, landscaping and other site features. Petition #34-SP-94 (located and the northwest corner of University Drive and NW 58 Street) APPROVED-RESOLUTION-94-189-PASSED City Attorney Kraft read Temp. Reso. #6824 by Title. V/M Katz MOVED to APPROVE Temp. Reso. #6824, SECONDED by C/M Mishkin. Jim Brady of Brady and Coker, Petitioner, waived his Quasi -Judicial Rights. VOTE: ALL VOTE AYE City Council Regular Meeting 9/14/94/KH Page 13 REPORTS 21. City Council h - No Report V/M Katz - Wished everyone of the Jewish faith well. C/M Schreiber - Apologized for being late but he has to go to the hospital twice a day. He wished everyone a happy New Year and commended Council for the excellent job they have done on the budget. M Mishkin - Expressed same comments as C/M Schrieber and V/M Katz. Mayor Abram wiz - At the next Council Meeting he will ask the City to build two bocci courts for residents of Italian decent from the Parks and Recreation Fund. He expressed his discontent with the new laws on Quasi -Judicial and the Snyder Act that prohibit speaking in relation to zoning or variances. He congratulated Dina McDermott for winning first place in the field of government from Broward County Up and Coming. He wished all of his Jewish friends a happy and healthy New Year and the same to those friends that are not Jewish. 23. City Attorney_ - No Report 24. City Manager - No Report Mayor Abramowitz ADJOURNED the MEETING at 11:05 a.m. CAROL A. EVANS, CMC CITY CLERK CITY OF TAMARAC APP VED AT MEETING �g q City Clerk J� Nok