HomeMy WebLinkAbout1992-04-15 - City Commission Special Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
LJ
April 13, 1992
NOTICE OF SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on Wednesday,
April 15, 1992 at 2:00 p.m. in Conference Room #1 of City Hall,
7525 N.W. 88 Avenue, Tamarac, Florida.
The Council will take action on the following items:
1• appointing four (4)
members to the REDISTRICTING COMMITTEE pursuant to Section
6.03 of the Charter.
TABLED
2• awarding Bid #92-10 for
construction of a 1,800 foot concession stand with restroom
facilities at the Tamarac Sports Complex.
FINAL ACTION: RESOLUTION R-92-62-2ASSED
APPROVED with the following conditions:
1. An ansul unit be provided for fire protection
2. Costs of the fixtures purchased by the City be shown as
additional costs to the project
3. Contractor sign receipt of and store fixtures and assume
the responsibility of the fixtures provided by the City
4. 10% of the costs of the project be retained from payment
for 30 days after satisfactorily completing the project
and signed off by the architect and owner
3• TON AND POSSTJJTJr &CTION on authorizing monies from
the Parks and Recreation Impact Fund for a golf driving range
to be located at the Public Services Complex.
FINAL CT N:
APPROVED the expenditure of $12,500 for the Wetlands/Dredge-Fill
Mitigation Permit preparation and fees with ONRP, DER/CORPS in the
amount of $10,000 and a Topographic Survey in the amount of
$2,500.
Page 1
4/15/92
4. DISCussION ON_-Temo_ Ord_ #157-9 to amend Section 14-30 of
the Code to provide restrictions applicable to parking
commercial vehicles in commercial districts and on or
adjacent to vacant land. (Public hearing and second reading
Tabled on 11/13/91).
FINAL ACTION•
EXPRESSION OF INTEREST to move forward with this Ordinance,
pending approval from the City Attorney and BSO.
5, creating a new Section
14-39 of the Code to provide for a definition of motor
vehicles and providing for a prohibition of the parking and
display of motor vehicles for sale on any public right-of-way
on any private property. (Tabled on first reading on
11/18/91).
FINAL ACTION
EXPRESSION OF INTEREST to move forward with this Ordinance,
pending approval from the City Attorney and BSO.
6. PUBLIC PARTICIPATION - Any member of the public may speak
to any issue which is on this meeting notice. 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.
7. regarding the distribution
of bins for recycling.
FINAL ACTIQNj,
Agendized by Consent.
APPROVED the transfer of up to $5,000 for payment of overtime to
City employees for the distribution of the recycling bins to be
completed by May 1, 1992, from Contingency Account to Public
Service Overtime Account.
8. regarding City Manager's
report on Southern Sanitation's request for payment of the
.04 cent CPI increase as of May 1, 1991.
FINAL ACTION:
Agendized by Consent.
CONSENSUS OF OPINION was to start paying the .04 cent increase as
of May 1, 1992.
The City Council may consider and act upon such other business as
may come before it.
All meetings are open to the public.
Carol A. Evans
City Clerk
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be based
Page 2
4/15/92
CITY OF TAMARAC
SPECIAL CITY COUNCIL MEETING
WEDNESDAY, APRIL 15, 1992
Tape 1
CALL TO ORDER : Mayor Bender called the Special City Council meeting
to order at 2:00 P.M. in Conference! Room #1, City Hall.
PRESENT :
Mayor H. L. Bender
Councilman Norman Abramowitz
Councilman Irving Katz
Councilman Joseph Schreiber
ABSENT AND EXCUSED :
Vice Mayor Henry Schumann
ALSO PRESENT :
John P. Kelly, City Manager
Dina McDermott, Assistant City Manager
Mitchell S. Kraft, City Attorney
Michael R. Couzzo, Jr., Director of Public Services/
Assistant City Manager
Gordon Sparks, Assistant City Engineer
Mary Blasi, Finance Director
Carol A. Evans, City Clerk
Karen Jackson, Secretary
1. MOTION TO ADOPT Temp. Reso. #6268 appointing four members to the
REDISTRICTING COMMITTEE pursuant to Section 6.03 of the Charter.
SYNOPSIS OF ACTION
BLED
Mayor Bender Read Temp. Reso. #6268 by Title.
Mayor Bender said the Charter stated the Charter Board would select four
members, the Council would select four members, a ninth person would be
selected by both. He said the Redistricting Committee would then select
a Chairman.
Mayor Bender said very few residents applied and he suggested people
should be asked to file an application. He reminded the Council that
this item would be voted on at the next Council meeting.
* C/M Schreiber MOVED to TABLE, SECONDED by C/M Abramowitz.
VOTE : ALL VOTED AYE
2. MOTION TO ADOPT Temp. Reso. #6269 awarding Bid #92-10 for
construction of a 1,800 foot concession stand with restroom
facilities at the Tamarac Sports Complex.
SYNOPSIS OF ACTION :
APPROVED with the following conditions:
1. An Ansel unit be provided for fire protection.
2. Costs of the fixtures purchased by the City be shown as additional
costs to the project.
3. Contractor sign receipt of and store fixtures and assume the
responsibility of the fixtures provided by the city.
4. 10% of the costs of the project be retained from payment for 30 days
after satisfactorily completing the project and signed off by the
architect and owner.
* C/M Katz MOVED to APPROVE, SECONDED by C/M Schreiber.
City Attorney Kraft read Temp. Reso. 46269 by Title.
Michael Couzzo, Director of Public Services/Assistant City Manager,
said two pre -qualified bids were received and he hoped the restroom
complex and concession stand would be completed by July 4. He said both
bids were 7% above the estimates and the monies would come from Park and
�J
City Council Special Meeting
4/15/92/PP
Page 2
Recreation Impact Fees and not taxes.
C/M Schreiber said in his opinion $75 per square foot was high and Mr.
Couzzo said he disagreed.
C/M Abramowitz said in his opinion the important aspect was the restroom
facilities and it was financially beneficial to construct the concession
stand and restroom facilities at the same time.
Mr. Couzzo said Council selected the architect and approved the plans
and Mr. Kelly said the project met State requirements.
C/M Katz said the plans indicated two portable fire extinguishers and a
special fixture in the kitchen which would be used for cooking. He
insisted an Ansel system should be installed if cooking was allowed.
C/M Abramowitz asked what the cost would be and C/M Katz responded,
$1,500. Mr. Couzzo said he would coordinate with the Fire Department
and C/M Katz said the Fire Department, would not approve without an Ansel
system.
C/M Katz said plumbing fixtures would be provided by the City and the
cost should be part of the overall cost. He suggested that the
contractor should assume all responsibility for the fixtures after
receiving them from the City and this did not appear on any documents.
r
C/M Katz said there was no indication of a 10% retainage amount
regarding final payment and he recommended the City and the architect
should sign -off when the project was satisfactorily completed. He said
the contractor would get the retainage amount 30 days after that date
Mr. Kelly said the Council should authorize the Change Order for the
Ansel system and C/M Katz said provisions should be made now to
alleviate any costs later.
* C/M Abramowitz MOVED that the Ansel system should be made part of the
contract, SECONDED by C/M Schreiber.
VOTE : ALL VOTED AYE
Mayor Bender asked Council to VOTE on Temp. Reso. #6269.
VOTE : ALL VOTED AYE
3. DISCUSSION AND POSSIBLE ACTION on authorizing monies from the Parks
and Recreation Impact fund for a golf driving range to be located at
the Public Services Complex.
SYNOPSIS OF ACTION
APPROVED the expenditure of $12,500 for the
Wetlands/Dredge-Fill Mitigation Permit
preparation and fees with ONRP, DER/CORPS in the
amount of $10,000 and a Topographic Survey in the
amount of $2,500 from Contingency.
Mr. Couzzo said preliminary drawings were done and additional funding
would be needed for a feasibility and engineering study, architectural
designs to be prepared, and several permits. He said the City should do
the studies, etc., whether or not the driving range was created.
Mr. Couzzo asked for direction from Council and recommended monies
should be transferred from the Contingency Fund into Driving Range
Feasibility and Development. He said when the survey and studies were
completed, he would make another presentation.
Mayor Bender said the funds should come from Park and Recreation Impact
Fees and Mr. Couzzo said he agreed. Mary Blasi, Finance Director, said
Park and Recreation Impact Fees should be used only for Park and
Recreation activities and she suggested money should be taken from the
General Contingency Fund.
City Council Special Meeting
4/15/92/PP
Page 3
C/M Abramowitz asked if the money would. be returned and Mr. Couzzo said,
yes, if Council decided the project. should proceed as a Recreational
matter. He said it was Ms. Blasi's opinion to do it this way and the
General Fund would be reimbursed if the project proceeded.
Mayor Bender said the Council had already EXPRESSED an INTEREST and he
asked why the money should come from the General Contingency Fund and
Mr. Kelly said Mr. Couzzo had no funds and Council should authorize the
correct fund.
Mr. Couzzo said monies from Parks and Recreation Impact Fees could be
used but the funds would have to be replaced if Council, in the future,
changed their minds.
C/M Katz MOVED to TABLE this item until a later date and time.
C/M Schreiber indicated it would cost $40,000 to do the Feasibility
Study and asked if Mr. Couzzo could estimate what it would cost to build
and operate the facility. Mr. Couzzo answered that some of the
feasibility study had to be done before he had any figures.
C/M Schreiber said Council should know what the approximate expenses
should be before they approved the $40,000 expenditure and Mr. Couzzo
said there were many variables involved..
C/M Schreiber suggested that Mr. Couzzo should come up with some figures
q and Mr. Couzzo responded he could develop several scenarios.
N . Couzzo said the approximate cost to provide most of the equipment
and lighting was $30,000 and his Staff intended do most of the
preparation work to keep the cost low.
C/ Schreiber asked ii. some of the preliminary work would benefit the
City if the driving range was not created and Mr. Couzzo responded; yes.
C/M Abramowitz said in his opinion, the driving range would be a revenue
producer when it was completely set up.
C/M Abramowitz suggested the regulatory agencies should determine if a
driving range could be constructed on the wetlands. Mr. Couzzo said it
would cost $10,000 to file the permits to do this.
C/M Abramowitz said if the regulatory agencies stated this was
inappropriate, the project would not proceed and it would not be
necessary to clear the land.
Mr. Couzzo said he previously spoke with people at the regulatory
agencies and they did not see any problem with a driving range. He
stated the City should first secure the Wetlands/Dredge-Fill Mitigation
Permit. He said he could not proceed until Council approved funding for
some of the preliminary work.
C/M Schreiber asked what initially could the City temporarily put on
hold and Mr. Couzzo said the design of the driving range.
C/M Abramowitz asked if it was possible for an estimate to be given
after more preliminary research was done and Mr. Couzzo said it would
take time because Council had to clarify their request.
Mr. Couzzo indicated the regulatory agencies approved the City using
sludge from the water plant as base! for the fill. He reiterated there
were many variables involved.
Mayor Bender said he had asked what the approximate cost would be and
Mr. Couzzo responded $100,000.
C/M Katz asked questions regarding staffing and could the property be
used for anything else if it was not a driving range.
Gordon Sparks said the $12,500 Wetlands/Dredge-Fill Mitigation Permit
should be addressed before proceeding with anything else. Mr. Couzzo
City Council Special Meeting
4/15/92/PP
Page 4
said his Staff would continue to clear the land.
C/M Abramowitz asked if $.12,500 would determine if the driving range
&61dTd"W'*d3nstructed and Mr. Couzzo said it would resolve the-" W-ettl'anris
issue.
C/M Abramowitz said the primary question was whether the regulatory
agencies would allow the driving range in that location. Mr. Kelly said
the site would also have to be rezoned and access to the driving range
would have to be indicated.
Mr. Couzzo said it would take several months for the permit to be
approved after Council approved the $12,500. He said during that time,
he would prepare scenarios and cost estimates for Council to review.
C/M Katz asked if the permit application could be used for something
else and Mr. Sparks said the permitwas to fill the existing ditch and
had nothing to do with how the land was used.
C/M Katz asked if there were other restrictions once the ditch was
filled and Mr. Sparks said, no.
Tape 2
* C/M Schreiber MOVED to APPROVE the expenditure of $12,500 for the
preliminary work, SECONDED by C/M Abramowitz.
C/M Katz said the MOTION should clarify the $12,500 and Mr. Couzzo said r�
it would represent the Topographic Survey ($2,500) and the Wetlands/
�
Dredge -Fill Mitigation Permit preparation and fees with ONRP, DER/CORP�
($10,000).
Carol Evans, City Clerk, asked where $12,500 would come from and Mayor
Bender said the Contingency Fund and it would be replaced with Park and
Recreation Impact Fees.
VOTE : ALL VOTED AYE
4. DISCUSSION on Temp. Ord. #1579 to amend Section 14-30 of the Code to
provide restrictions applicable to parking commercial vehicles in
commercial districts and on or adjacent to vacant land. (Public
Hearing and second reading TABLED on November 13, 1991).
SYNOPSIS OF ACTION :
EXPRESSION OF INTEREST to move forward
with this Ordinance, pending approval from
City Attorney and BSO.
City Attorney Kraft read Temp. Ord.. #1579 by Title.
* C/M Katz MOVED to APPROVE, SECONDED by C/M Abramowitz.
C/M Katz said Section 14-30 came back: from City Attorney Carsky with the
language, "....for any period of time" deleted from Page 1, Section
1(c)(1). He suggested it should be deleted and City Attorney Kraft said
his copy indicated the language should be left in.
Ms. McDermott said Temp. Ord. #1579 was agendized for discussion and
review because it had previously been discussed. She said Council
should give her some direction on what they wanted to do.
C/M Abramowitz asked if BSO had reviewed Temp. Ord. #1579 and C/M Katz
said, yes. Ms. McDermott said BSO had not signed off, however, if it
was passed, they would be responsible for enforcing it.
C/M Schreiber said a new Section (c) was to be added but the Code had
Section (c) -- Citations, and Ms. McDermott answered Section (c) would
be amended to Section (e).
Mayor Bender said Temp. Ord. #1579 was previously TABLED on First
Reading and C/M Abramowitz said.it was due the question of enforcement.
C/M Abramowitz suggested Temp. Ord. #1579 should be sent back to BSO to
r'"
City Council
4/15/92/PP
Page 5
Special Meeting
determine if it could be enforced and C/M Katz said he agreed.
C/M Katz asked if there was still a. problem with the language and City
Attorney Kraft said he would have to thoroughly review it.
Mayor Bender indicated the entire Council showed an EXPRESSION of
INTEREST. Mr. Kelly said after it was reviewed by BSO and City Attorney
Kraft, it would be agendized for the first Council meeting in May.
5. DISCUSSION on Temp. Ord. #1581 creating a new Section 14-39 of the
Code to provide for a definition of motor vehicles and providing for
a prohibition of the parking and display of motor vehicles for sale
on any public right-of-way on any private property. (Tabled on
first reading on 11/18/91).
SYNOPSIS OF ACTION :
EXPRESSION OF INTEREST to move forward
with this Ordinance, pending approval from
the City Attorney and BSO.
City Attorney Kraft read Temp. Ord._#1581 by Title.
C/M Abramowitz said there were used cars for sale at a tire store on
McNab Road and University Drive.
C/M Abramowitz asked what would happen if an individual was in a
shopping center and a sign in their vehicle indicated it was for sale.
Aie said the Ordinance did not prohibit anyone from selling their own
`fi-hicle on their own property. He said it prohibited outside people
om advertising that their vehicles were for sale in the City.
C/M Abramowitz said the present law prohibited a merchant from parking
a vehicle in a shopping center, in the first row facing the street, with
any advertising on the vehicle.
C/M Schreiber said his interpretation was anyone selling a vehicle on
their property was in violation and Ms. McDermott said this was
incorrect and he should refer to Section 14-39 (c)(2).
C/M Abramowitz suggested that Council should proceed and agendize this
Item as soon as possible.
City Attorney Kraft said he would thoroughly review the Ordinance and
Mayor Bender said it should also be sent to BSO for their review and
input. Mr. Kelly said after it was reviewed by BSO and the City
Attorney, it would be agendized for the first Council meeting in May.
C/M Abramowitz said the Ordinance would primarily prohibit any person
from outside the City trying to sell a vehicle in the City.
Mayor Bender asked what would prevent someone from parking a vehicle
overnight with a "For Sale" sign in a shopping center. C/M Abramowitz
said this was addressed in Section l (b) which prohibited parking on any
private property.
City Attorney Kraft said in Chapter 316, State Statutes addressed
parking for more than 24-hours with a "For Sale" sign. C/M Abramowitz
said BSO had a right to tow away a vehicle if it was parked on a right-
of-way.
Mayor Bender said the entire Council showed an EXPRESSION of INTEREST to
proceed.
7. DISCUSSION AND POSSIBLE ACTION regarding the distribution of bins
for recycling.
SYNOPSIS OF ACTION :
Agendized by Consent. (See Page 7)
Mr. Kelly said bin distribution for recycling should be implemented as
City Council Special Meeting
4/15/92/PP
Page 6
soon as possible. He said the service would cost 50 cents for curbside
delivery or 60 cents for delivery to the door. He said the Public
Services Department had insufficient manpower to do this and $5,000
could not be absorbed from his budget.
Mr. Kelly said authorization was needed to pay approximately $7,000 for
curbside delivery to Southern Sanitation because the City did not have
the option of going out for bids.
Mayor Bender asked how bins were distributed in other cities and Ms.
McDermott said they were distributed in-house. C/M Abramowitz asked if
other departments in the City could distribute the bins and Mr. Kelly
said, no.
Ms. McDermott said the residents had to have the bins by May 1 because
on May 2, recycling would begin.
Mr. Couzzo suggested that Councilconsider having several Public
Services employees distribute the bins on the weekends and Mayor Bender
asked if overtime would exceed $7,000. Ms. McDermott said bins were
distributed to an entire city over one weekend and possibly more than
one truck was involved.
Mr. Couzzo said he would research the costs for in-house personnel to do
the distribution.
8. DISCUSSION AND POSSIBLE ACTION regarding City Manager's report on
Southern Sanitation's request for payment of the $.04 cent CPI
increase as of May 1, 1991.
SYNOPSIS OF ACTION :
Agendized by Consent.
CONSENSUS OF OPINION was to start paying the
$.04 cent increase as of May 1, 1992.
Mr. Kelly said the City challenged the $.04 cent charge from March, 1991
and advised the City would not pay it. He said Southern Sanitation
waived their right to the increase because they did not notify the City
in a timely manner of the new increase. He also advised this contract
was separate from the garbage removal. contract.
Mr. Kelly said although Southern Sanitation would abide by a legal
decision on the increase, Tamarac and the other four cities would make
the increase effective May 1, 1992. He said Tamarac owed $5,560 from
May 1, 1991 to the present date.
* C/M Abramowitz MOVED to DISAPPROVE payment of the $.04 cent increase.
C/M Abramowitz asked if Southern Sanitation waived their right because
they did not respond in a timely manner and City Attorney Kraft said he
would confer with former City Attorney Ruf.
C/M Abramowitz asked when the other cities would begin paying and Mr.
Kelly said, May 1, 1992. C/M Katz said he agreed with May 1, 1992.
CONSENSUS of OPINION
C/M Abramowitz AYE
C/M Schreiber AYE
C/M Katz AYE
Mayor Bender AYE
C/M Abramowitz suggested the other four cities should be advised that
the City of Tamarac would begin paying the $.04 cents on May 1, 1992 and
were not responsible for anything prior to that date. Mr. Kelly said he
agreed.
7. DISCUSSION AND POSSIBLE ACTION regarding the distribution of bins
for recycling.
SYNOPSIS OF ACTION
v
City Council Special Meeting
4/15/92/PP
Page 7
Agendi.zed by Consent.
APPROVED the transfer of up to $5,000 for
payment of overtime to City employees for the
distribution of the recycling bins to be completed
by May 1, 1992, from Contingency Account. to Public
Service Overtime Account. (Also see Page 6)
Mr. Couzzo said his personnel could distribute the bins at a cost under
$7,000. He said the City could rent, a truck and over two weekends with
five people per weekend, the cost would be approximately $3,000. He
said it would cost approximately $4,500 for three weekends with two
five -men crews.
Mr. Kelly said the bins had to be picked up in the City of Lauderhill
and the entire cost should be a minimum of $5,000.
Mr. Couzzo suggested $5,000 should be transferred into the Public
Services Overtime Account and Mr. Kelly said he just wanted to get the
bins distributed by May 1.
Mr. Couzzo said the only problem might be availability from the City of
Lauderhill with regard to the weekends and after hours and Mayor Bender
said he would clear this in advance.
* C/M Katz MOVED to AUTHORIZE up to
Public Services Overtime Account
SECONDED by C/M Schreiber.
VOTE : ALL VOTED AYE
$5,000 from .the Contingency Account to
for delivery and distribution of bins,
6. PUBLIC PARTICIPATION -- Any member of the public may speak to any
issue which is on this meeting notice. 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 Bender OPENED and CLOSED the public portion of the meeting with no
further response.
Mr. Kelly said the First Reading should be June 10 and the Second
Reading should be June 24 for placing referendums on the ballot. He
asked what the timeframe was for advertising and Carol Evans, City
Clerk, said the First Reading on June 10 did not have to be advertised.
Mr. Kelly suggested that City Attorney Kraft draft the Ordinances by
June 1 in order for Council to have them by June 3. He said this gave
Council six weeks to put the package together.
C/M Katz asked if Council was obligated to have joint meetings with the
Charter Board and Mayor Bender said, no. City Attorney Kraft said he
agreed and Council could place items on the ballot.
Tape 3
Mayor Bender asked about setting up a. schedule of Workshops and Mr.
Kelly suggested they should be every Thursday morning. Mayor Bender
said Charter Board should also be notified about submitting items for
the ballot and this had nothing to do with Council.
C/M Abramowitz said it would be in the City's best interest if Council
and the Charter Board worked together. He said they already had passed
on some items to place on the referendum.
Melanie Reynolds, resident, said City Council and the Charter Board
never had joint meetings before former Mayor Abramowitz. She said the
Charter Board was an independent body and Council should not interfere.
C/M Abramowitz said he had joint meetings in an attempt to build a
harmonious relationship. He said only Council could put Amendments on
the ballot.
City Council Special Meeting
4/15/92/PP
Page 8
C/M Katz said he had not received a copy of Charter Board's proposals
and C/M Abramowitz said they proposed extending their terms.
Mayor Bender ADJOURNED the Meeting at. 3:35 P.M.
H. L. BENDER
r MAYOR
Ia L
CAROL A. EVANS
CITY CLERK
urf Y OF TAMARAC
APPROVED AT MEETING OF 3 -2--