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Home My WebLink About1995-09-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 1996 CALL TO ORDER: Mayor Abramowitz called the Regular Meeting to order on Wednesday, September 13, 1995, at 7:00 P.M. in Commission Chambers of Tamarac, City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Mayor Norman Abramowitz Vice Mayor Irving Katz Commissioner Sharon Machek Commissioner Larry Mishkin Commissioner 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 OF ALLEGIANCE AND MOMENT OF MEDITATI N: Mayor Abramowitz called for the Pledge of Allegiance and a Moment of Meditation. Tape 1 CONSENT AGENDA 2. Items listed under Consent Agenda, Item 2, 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. f. MOTION TO ADOPT Temp. Reso. #7155 awarding Bid 95-10 to Man -Con, Inc., in the amount of $129,571 for the construction of Lift Station 2A1 Force Main (Utilities Project 94-10), located on 76 Street between 70 Avenue and University Drive, funded from Account 432-888-535-67F entitled Pump Station 2A1 Force Main Replacement. REMOVED FOR DISCUSSION. (See Pages 7 and 8 for final action) City Commission Regular Meeting 9/13/95/PP Page 2 Comm. Machek MOVED to REMOVE for discussion, SECONDED by Vice Mayor Katz. VOTE: ALL VOTED AYE 2. b. MOTION TO ADOPT Temp., Reso. #7146 authorizing the appropriate City officials to execute an agreement with Lutheran Ministries of Florida, Inc., allowing the City's fire stations to serve as "safe places" as part of the Program for Project Safe Place for children between the ages of 10 and 17 years of age. REMOVED FOR DISCUSSION. (See Page 8 for final action) Comm. Schreiber MOVED to REMOVE for discussion, SECONDED by Comm. Mishkin. VOTE: ALL VOTED AYE 2. q. MOTION TO ADOPT Temp. Reso. #7098 ratifying the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), LOCAL 3080, contract for the period from October 1, 1994 through September 30, 1997. REMOVED FOR DISCUSSION. (See Page 8 for final action) Comm. Schreiber MOVED TO REMOVE for discussion, SECONDED by Comm. Mishkin. VOTE: ALL VOTED AYE 2. e. MOTION TO ADOPT Temp. Reso. #7193 authorizing the appropriate City officials to execute an agreement with Brink's Incorporated of Florida for armored car service. REMOVED at Request of City Manager. Comm. Schreiber MOVED to REMOVE, SECONDED by Comm. Machek. VOTE: ALL VOTED AYE 2. s. MOTION TO ADOPT Temp. Reso. #7187 approving the City Manager's appointment of a Director of Personnel with an effective date to be determined. REMOVED at Request of City Manager. City Commission Regular Meeting 9/13/95/PP Page 3 Comm. Schreiber MOVED to REMOVE, SECONDED by Comm. Machek. VOTE: ALL VOTED AYE PUBLIC PARTICIPATION 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. Seymour Berkowitz, resident of Devon -Kings Point, expressed concerns relating to Lennar's sign on Northwest 108th Terrace. Marvin Seidel, resident of Kings Point, stated views pertaining to Northwest 108th Terrace and suggested that Lennar and Pulte construct a playground. Gerald Cohen, resident of Devon -Kings Point, said that trees were cut down illegally on Northwest 108th Terrace. Steve Alexander, Broward County, advised that the Broward County Commissioners were considering an extension of the time frame regarding Tamarac's inclusion in the Municipal Services Benefit Units program. Burt Scholl, resident of Fairfax -Kings Point, recommended that the $.01 Sales Tax be approved. Bernie Hart, former Mayor of Tamarac and resident of Devon -Kings Point, discussed Lennar's sign on Northwest 108th Terrace. Roz Bellman, resident of Devon -Kings Point, requested that the permit for Lennar's sign not be renewed. James Moore, Vice Chairman of the Ambulance Committee, recommended the City approve the single -tier system for emergency medical services. Elliott Noyes, resident of Concord Village, recommended that Tamarac approve the $.01 Sales Tax. City Commission Regular Meeting 9/13/95/PP Page 4 PUBLIC HEARINGS - 7:30 P.M. 3. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord.41734 on first reading amending Sections 24-1 and 24-434 of the Code to allow mini -warehouse self -storage facilities to be permitted in the B-2 zoning district by Special Exception. (Tabled on 7/26/95) (Petitioner has requested withdrawal of this application.) APPLICATION WITHDRAWN. City Attorney Kraft read Temp. Ord. #1734 by Title. The application was withdrawn by the petitioner. Comm. Mishkin MOVED to WITHDRAW, SECONDED by Comm. Machek. VOTE: ALL VOTED AYE 4. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1733 on first reading deleting the current Section 24-581(a)(27) and creating a new Section 24- 581(a)(27) to provide for updated parking requirements for mini -warehouse self - storage facilities. (Tabled on 7/26/95) (Petitioner has requested withdrawal of this application.) APPLICATION WITHDRAWN. City Attorney Kraft read Temp. Ord. #1733 by Title. The application was withdrawn by the petitioner. Comm. Schreiber MOVED to WITHDRAW, SECONDED by Comm. Machek. VOTE: ALL VOTED AYE END OF PUBLIC HEARING K-l►&I =lZrff;Tel 4► I9 2. Items listed under Consent Agenda, Item 2, 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. [7 City Commission Regular Meeting 9/13/95/PP Page 5 2. a. MOTION TO APPROVE the minutes of the 7/26/95 regular City Commission meeting. APPROVED C. MOTION TO ADOPT Temp. Re #7198 authorizing the purchase of assorted networking hardware components from Anixter Incorporated utilizing State of Florida Bid #250-040-96-1 and the purchase of a one- year maintenance agreement for a total cost of $57,784 with funding from Account 501-888-593-62C entitled City Wide Data Network. APPROVED-RESOLUTION-R-95-176-PASSED d. MQTION TO ADOPT Temp. Reso. #7199 authorizing the purchase of one (1) 3/4 ton Chevrolet C2500 truck from Maroone Chevrolet utilizing State of Florida Contract #070-500-420 at a cost of $14,113, with funding provided by approval of a transfer of $7,241 from Account 503-703-591-647 entitled Special Equipment to Account 503-703-591-640 entitled Vehicles. APPROVED-RESOLUTION-R-95-177-PASSED g. MOTION TO ADOPT Temp. Reso. #7163 awarding Bid 95-11 to Florida Design Contractors, Inc., in the amount of $297,701 for the construction of Wells 18 and 19, monitoring wells, and raw water transmission mains associated with Wells 18 and 19 located at the southwest corner of University Drive and NW 61 Street; approving the transfer of $71,500 from Utilities West CIAC Fund Account #432-872-588-99C to Account #432-363-533-6H1 entitled Raw Water Wells 16 - 19; and authorizing the appropriate City officials to execute Addendum #95-10 to the engineering agreement with Hazen and Sawyer, P.C., to provide project management engineering services at a maximum total cost of $34,500. APPROVED-RESOLUTION-R-95-179-PASSED h. MOTI N TO ADOPT Temp. R . #7191 authorizing the appropriate City Officials to approve the closing of the contract with McKay Contracting, Inc., for the WOODLANDS FORCE MAIN IMPROVEMENTS (Bid 94-09), and authorize final payment of $11,792.17 subject to receipt of the final release of liens and affidavit. APPROVED-RESOLUTION-R-95-180-PASSED City Commission Regular Meeting 9/13/95/PP Page 6 2. I. MOTION TO ADOPT Temp. Reso. #7190 authorizing the appropriate City officials to approve the closing of the contract with McKay Contracting, Inc., for the replacement of force mains serving Lift Stations 21 and 22 FORCE MAIN IMPROVEMENTS (Bid 94-04), and authorize final payment of $16,837.55 subject to receipt of the final release of liens and affidavit. APPROVED-RESOLUTION-R-95-181-PASSED MOTION TO ADOPT Temp, Reso. #7160releasing Performance Letter of Credit #1994-127 in the amount of $139,658 posted for public improvements at the BROOKSIDE COVE (a/k/a MCNAB ROAD SUBDIVISION) project located east of NW 70 Avenue on the north side of McNab Road, subject to receipt of a one year warranty bond in the amount of $34,914.50. APPROVED-RESOLUTION-R-95-182-PASSED 2. MOTION TO ADOPI TQmp. Reso. #7159 accepting a Bill of Sale for the water distribution and sewage collection system improvements at BROOKSIDE COVE (a/k/a MCNAB ROAD SUBDIVISION) (located east of NW 70 Avenue on the north side of McNab Road). APPROVED-RESOLUTION-R-95-183-PASSED 3. MOTION TO ADOPT Temp. Reso. #71f�4 authorizing the appropriate City officials to accept a 20-foot wide Lake Maintenance Easement on Lots 2 through 35 of the BROOKSIDE COVE (a/k/a MCNAB ROAD SUBDIVISION) project for the maintenance of the adjacent City lake and canal facilities. APPROVED-RESOLUTION-R-95-184-PASSED k. MOTION TO ADOPT Temp Rg§g. #7157 authorizing the appropriate City officials to execute a Water and Sewer Developer's Agreement with Bruce Schreiber for the AUTO SPA OF TAMARAC project for one (1) non-residential water and sewer building connection and one (1) irrigation connection. APPROVED-RESOLUTION-R-95-185-PASSED 1 City Commission Regular Meeting 9/13/95/PP Page 7 2. I. MOTION TO ADOPT Temp. Reso. #71L4 authorizing the appropriate City officials to utilize the first of two one-year extensions provided within Bid #94-10 for the removal and disposal of water treatment lime sludge to DRD Enterprises at a maximum cost of $50,000 with funding from Account 425-363-533-316 entitled Sludge Removal Expense. APPROVED-RESOLUTION-R-95-186-PASSED M. MOTION TO ADOPT Temp. Reso. #7189 authorizing transmittal of a proposed amendment to the Broward County Trafficways Plan providing that a portion of Southgate Boulevard and a portion of McNab Road abutting the Sawgrass Expressway be removed from the Trafficways Plan. APPROVED-RESOLUTION-R-95-187-PASSED n. MOTION TO ADOPT Temp. Reso. #7192 accepting the Right -of -Way deed from Louise Weisz for the dedication of the remaining right-of-way necessary for the construction of proposed NW 67 STREET. APPROVE D-RESOLUTION-R-95-188-PASSED o. MOTIQN TO ADOPT Temp; Reso. #7162 authorizing a 3% salary increase for all managerial, supervisory and confidential non -bargaining employees effective October 1, 1995. APPROVE D-RESOLUTION-R-95-189-PASSED P. MODON TO ADOPT Temp. Reso. #7161 authorizing the increase of benefit options for FY 96 from $1,425 to $1,550 for all non -bargaining employees to be effective October 1, 1995. APPROVE D-RESOLUTION-R-95-190-PASSED MOTION TO ADOPT Temp. Reso. #71 8 approving the City Manager's appointment of Susan Sinclair as Risk Manager effective September 14, 1995. APPROVED-RESOLUTION-R-95-192-PASSED Comm. Schreiber MOVED APPROVAL of Consent Agenda Items 2.a., 2.c., 2.d., 2.g., 2.h., 2.i., 2.j.1, 2J.2., 2.j.3., 2.k., 2.1., 2.m , 2.n., 2.o., 2.p. and 2.r. , SECONDED by Vice Mayor Katz. VOTE: ALL VOTED AYE City Commission Regular Meeting 9/13/95/PP Page 8 2. f. MOTION TO ADOPT Temp. Reso. #7155 awarding Bid 95-10 to Man -Con, Inc., in the amount of $129,571 for the construction of Lift Station 2A1 Force Main (Utilities Project 94-10), located on 76 Street between 70 Avenue and University Drive, funded from Account 432-888-535-67F entitled Pump Station 2A1 Force Main Replacement. REMOVED FOR DISCUSSION on Pages 1 and 2. Then APPROVED- RESOLUTION-R-95-178-PASSED Comm. Schreiber MOVED APPROVAL of 2.f., SECONDED by Comm. Mishkin VOTE: ALL VOTED AYE Comm. Machek discussed sidewalks and crossing guards. 2. b. MOTION TO ADOPT Temp. Reso. #7146 authorizing the appropriate City officials to execute an agreement with Lutheran Ministries of Florida, Inc., allowing the City's fire stations to serve as "safe places" as part of the Program for Project Safe Place for children between the ages of 10 and 17 years of age. REMOVED FOR DISCUSSION on Page 2 then APPROVED- RESOLUTION-R-95-175-PASSED Comm. Schreiber MOVED APPROVAL of 2.b., SECONDED by Comm. Machek. VOTE: ALL VOTED AYE Tape 2 Comm. Schreiber discussed fire stations and "safe places". 2. q. MOTION TO ADOPT Temp. Reso. #7098 ratifying the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), LOCAL 3080, contract for the period from October 1, 1994 through September 30, 1997. REMOVED FOR DISCUSSION on Page 2. Then APPROVED- RESOLUTION-R-95-191-PASSED Comm. Schreiber expressed his satisfaction that the contract was approved. 1 1 City Commission Regular Meeting 9/13/95/PP Page 9 Comm. Schreiber MOVED APPROVAL of 2.q., SECONDED by Comm. Machek. VOTE: ALL VOTED AYE END OF CONSENT AGENDA QUASI-JUDICIAL HEARINGS 5. QUASI-JUDICIAL - MOTI„ N TO ADOPT Temp. Reso. #7184 issuing revised Development Order #265-2 for a site plan to Sam Butters, owner, for the construction of a 130,000 square foot manufacturing facility for the ARCH ALUMINUM AND GLASS COMPANY located south of NW 65 Street (proposed) and west of Nob Hill Road (ITW/MIMA site). Petition #16-SP-95. APPROVAL-RESOLUTION-R-95-193-PASSED City Attorney Kraft read Temp. Reso. #7184 by Title. Vice Mayor Katz MOVED APPROVAL, SECONDED by Comm. Machek. Sam Butters, Petitioner, waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended Approval. Mayor Abramowitz opened and closed the public hearing with no discussion. VOTE: ALL VOTED AYE 6. QUASI-JUDICIAL - MOTION TO ADOPT Temp Reso #7183 issuing Development Order #295 for final plat approval of the WYNNE COMMERCIAL PLAT located on the north side of Commercial Boulevard, east of the Florida Turnpike. Case #7-P-95. APPROVED-RESOLUTION-R-95-194-PASSED City Attorney Kraft read Temp. Reso. #7183 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek. Michael Hitt of Deni Associates representing the Petitioner waived his Quasi -Judicial rights. Mr. Miller read the Findings of Fact and recommended Approval. City Commission Regular Meeting 9/13/95/PP Page 10 Mayor Abramowitz opened the public hearing. Walter Coghlan, resident of the Mainlands, questioned how many entrances and exits were planned and Mr. Hitt said he did not know. Mayor Abramowitz closed the public hearing with no further discussion. VOTE: ALL VOTED AYE END OF QUASI-AIDICIAL HEARINGS 7. MOTION TO ADOPT Temp. Reso. #7115 requesting the Broward County Commission to issue a Certificate of Need Class #1 License now to be effective October 1, 1997 if the City of Tamarac chooses to provide emergency medical transport services. (tabled on 6/28/95) APPROVED-RESOLUTION-R-95-195-PASSED City Attorney Kraft read Temp. Reso. #7115 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Mishkin. VOTE: ALL VOTED AYE 8. MOTION ADOPT Temp, o. #7147 authorizing the appropriate City officials to execute the Interlocal Agreement between Broward County and the City providing for cooperative delivery of emergency medical services utilizing advanced life support first responder units from October 1, 1995 through September 30,1996. APPROVED-RESOLUTION-R-95-196-PASSED City Attorney Kraft read Temp. Reso. #7147 by Title. City Manager Noe said Broward County would provide Advanced Life Support transport for a one-year period. Comm. Schreiber MOVED APPROVAL, SECONDED by Vice Mayor Katz. VOTE: ALL VOTED AYE 1 1 City Commission Regular Meeting 9/13/95/PP Page 11 9• MOTION TO ADOPT Temp. Ord. #1735 on first reading providing for inclusion within the Municipal Service Benefit Unit (MSBU) of Broward County to provide emergency medical services beginning October 1, 1996. NO ACTION City Attorney Kraft read Temp. Ord. #1735 by Title. Discussion was held and Comm. Mishkin MOVED to TABLE, SECONDED by Comm. Machek. Vice Mayor Katz NAY Comm. Mishkin AYE Comm. Schreiber NAY Comm. Machek AYE Mayor Abramowitz NAY Further discussion was held and no action was taken. 10. MOTION -TO ADOPT Temp,, Ord. #1736 on first reading authorizing the pro forma transfer of the cable television franchise held by American Cablesystems of Florida, Ltd., to Continental Cablevision of Jacksonville, Inc. APPROVED ON FIRST READING. Second Reading and Public Hearing scheduled for Regular City Commission Meeting, Wednesday, September 27, 1995, at or after 10:00 a.m. City Attorney Kraft read Temp. Ord. #1736 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Machek. Carl Alper, resident, discussed concerns relating to the State Statutes and the franchise. VOTE: ALL VOTED AYE 11. MOTION O ADOPT T m . R #7152 authorizing the appropriate City officials to execute the Interlocal Agreement between the City of Tamarac and the School Board of Broward County, Florida, and Broward County for a one - cent sales tax over a seven year period with funds held in an interest bearing account and spent only on specified school district projects. APPROVED-RESOLUTION-R-95-197-PASSED City Commission Regular Meeting 9/13/95/PP Page 12 City Attorney Kraft read Temp. Reso. #7152 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Mishkin. Discussion was held relating to the School Board and proposed sites for new schools. VOTE: Tape 3 ALL VOTED AYE 12. a. MOTION TO ADOPT Temp. Reso. #7195 approving the lawsuit settlement with Waste Management, Inc. of Florida. APPROVED-RESOLUTION-R-95-198-PASSED City Attorney Kraft read Temp. Reso. #7195 by Title. Vice Mayor Katz MOVED APPROVAL, SECONDED by Comm. Machek. VOTE: ALL VOTED AYE b. MOTION TO ADOPT Temp. Ord. #1737 on first reading authorizing the appropriate City officials to execute an Addendum to the February 24, 1993 agreement between the City of Tamarac and Waste Management, Inc., of Florida d/b/a Southern Sanitation for furnishing residential multi- family solid waste collection services waiving the Consumer Price Index Adjustment in January, 1996 and January, 1997, eliminating caster charges, and extending the contract expiration date from December 31, 1997 to December 31, 2001. APPROVED ON FIRST READING. Second reading and Public Hearing scheduled for Regular City Commission Meeting, Wednesday, September 27, 1995, at or after 10:00 a.m. City Attorney Kraft read Temp. Ord. #1737 by Title. Vice Mayor Katz MOVED APPROVAL, SECONDED by Comm. Machek. VOTE: ALL VOTED AYE 1 1 City Commission Regular Meeting 9/13/95/PP Page 13 13. MOTION TO ADQPT Temp. ego. #7149 authorizing the appropriate City officials to execute an agreement with Eller Media Group for bus shelters for the City. APPROVED-RESOLUTION-R-95-199-PASSED City Attorney Kraft read Temp. Reso. #7149 by Title. Comm. Schreiber MOVED APPROVAL, SECONDED by Comm. Mishkin. VOTE: ALL VOTED AYE REQRTS 14. City Commission Co..Mm. Machek - wished City Manager Noe a Happy Birthday. Vige Mayor Katz - No Report. Comm. Schreiber - discussed concerns pertaining to Lennar's sign on Northwest 108th Terrace. Comm. Mishkin - said he learned a great deal while in office, commended Mayor Abramowitz, City Manager Noe and City Attorney Kraft and requested the rotation of Commissioners be changed with regard to reports. Mayor Abramowitz -commented on the EMS proposal and said he was delighted that Broward County was considering an extension of time with regard to the Municipal Services Benefits Unit option. 1 City Commission Regular Meeting 9/13/95/PP Page 14 15. Cry Attorney - No Report. 16. City Manager - No Report. With no further discussion, Mayor Abramowitz ADJOURNED the MEETING at 8:35 P.M. Carol A. Evans, CIVIC City Clerk N rman Abramowitz Mayor CITY OF T C r ^ r Of F--jl 1