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Home My WebLink About1991-10-23 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, rL 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSION$ CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OCTOBER 23, 1991 �won�tqlwwopm 1 1 AXXQUNCEMENT OF TIME ALLOCATIONS - MOTI_0NS_ TO TABLE, - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. 1, a. PRESENTA111911 by Assistant City Manager Dina McDermott of ten-year service awards to the following: Patricia Marcurio City Clerk's Office Alan Levine Public Services Department Marilyn Holbrook Purchasing Department FINAL ACTION Presentations were made. b. PRESENTATION by Assistant City Manager Dina McDermott of five-year service awards to the following: Thomas Hartigan Rothschild Larrieux FINAL—ACTJQN: Presentations were made. Public Services Department Public Services Department 2. PRESENTATION by Mayor Abramowitz of a Certificate of Appreciation to University Hospital for donating and administering 1,000 free flu shots to Tamarac residents. FINAL ACTION - Presentation was made by -Mayor Abramowitz to Lynn Farber of University Hospital. 10/23/91. Page 1 3. PPRESENTATION by Mayor Abramowitz of & Certificate of Appreciation to Nathan Cohen for all his contributions while a member of the Consumer Affairs Board and granting Mr. Cohen an Honorary Lifetime Membership. FINAL ACTION• Presentation was made by Mayor Abramowitz to Fred Adler, Chairman of the Consumer Affairs Board on behalf of Nathan Cohen. q. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of October 19-27, 1991, as "RED RIBBON WEEK". FINAL ACTION* Presentation was made by Mayor Abramowitz to Ed Alford, Law Enforcement Sergeant, Supervisor of the Division of Alcoholic Beverages and Tobacco. S. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of October 27 through November 2, 1991, as "FORGET ME NOT WEEK". FINAL ACTION* Presentation was made by Mayor Abramowitz to Al Mallor, Emery Farkas and Abe Blank, members of the Veterans Alliance. 6. PRESENTATION by Mayor Abramowitz of a proclamation designating November 10--15, 1991, as "POPPY FUND DRIVE WEEK". FINAL ACTION Presentation was made by Mayor Abramowitz to Al Mallor, Sam Schwartz and Lou Solomon. PUBLIC PAETICIPATION 7. 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. r 1 F--j 10/23/91 Page 2 8. Items listed under Consent Agenda, Item 8, 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. City___ Clerk a. MOTIQH TO APPROVE the City Council minutes of the following meetings: 1. 9/6/91 - Special Joint Meeting with the Charter Board 2. 9/6/91 - Special Meeting b. MOTION TO APPROVE renewal of a model sales and administrative facility for COLONY COVE in Building 3, Unit 15, for a six-month period from 11/28/91 to 5/28/92. c. SON 2:0 ADOPT„ „TgM2. Rego 46155 approving transfer of a special use exception to permit the operation ,of an animal clinic at 5201 N. State Road 7 from Patrick J. Rooney, DVM, to John Case, DVM, Clinic for Animals, Petition #49-Z-91 FINAL ACTION; RESOLUTION R-91-183-PASSED APPROVED d• approving transfer of a special use exception to permit the operation of a laundromat in Bay 3 of Building C at LAKESIDE PLAZA, 5429 N. State Road 7, from S. Frances Krasnoff d/b/a Lakeside Plaza Coin Laundry to Martha Segura d/b/a Charlie's Coin. Laundry. Petition #51-Z-91 RESOLUTION R-91-184-PASSED Customgr SeXXice e. declaring the Water and Sewer Developers Agreement with Mavi/Regina Development for LA COSTA SHOPPES in default due to non-payment of guaranteed revenues and authorizing preparation and recording of a lien. FINAL ACTION - TABLED for further review. 10/23/91 Page 3 f. MOTION TO APPROVE the establishment of a Selection Committee with regard to Expression of Interest EOI-91-02 for the selection of a traffic engineer and/or traffic planner. The Committee shall include the following; City Manager or Designee Gordon Sparks, Assistant Kelly Carpenter, Director Michael Couzzo, Assistant Public Services (Dina McDermott) City Engineer of Community Development City Manager/Director of g, MOTION TQ APPROVE the extension of all garbage franchise agreements from 11/1/91 12/31/91 while awaiting preparation of a commercial through new contract. h, MOTION TO AgPROVE budgeted overnight seminars/meetings for the various City departments for Fiscal Year 1991/92. i, releasing performance Letter of Credit #IC-5245 in the amount of $101,182.20 posted for public improvements at CENTRE AT WOODMONT subject to receipt of a one-year warranty bond in the amount of $25,295.55. FINAL ACTION: APPROVED j, HQTTON TQ APPROVE a Leadership Housing, PLAT. • RESOLUTION R-91-185-PASSED Water Retention Agreement with Inc., for the. LAND SECTION 8 9 1 1 10/23/91 Page 4 9. a, MQXION TO APPROVE the transfer of $5,000.00 from Contingency Account #001-872-588-975 to Legislative Meetings and Seminars Account #001-105--511-401 ($2,500.00) and to Travel -Other Account #001-105-511-402 ($2,500.00) to provide funding for Mayor and Council travel (seminars, conferences and travel) . b. MOTION 19 APPROVE the attendance of Councilwoman Diane Glasser and Councilman Irving,Katz at the Florida League of Cities 1992 Legislative Conference on November 7--8, 1991, in Tallahassee, Florida, •APPROVED 9.b.' R• / Public Service .QgkRartment 10. MOTION TO APPROVE the transfer of $5,000.00 from Contingency Account #001-872-588-975 to Engineering Services Account #001-41.1-541-318 to retain a licensed engineering/surveying firm to prepare a detailed topographic survey of NW 71 Place from Nob Hill Road to NW 108 Terrace to identify potential drainage problem areas and provide a basis for future engineering design plans preparation and subsequent construction at a cost not to exceed $5,000.00. FIN -ACTION: APPROVED 11, MOTION_TO ,APPROVE Change Order #1 to the contract with Utilities Services, Inc., for various changes to the contract in the additional amount of $29,175.01 and to APPROVE a 14--day extension to the completion date of the contract to 4/18/92; and to APPROVE the transfer of $29,176.00 from CIAC Account 432-371--586-975 to TUW Project #89-40, Phase IT Water Treatment Plant Expansion, Account #432-363-533-6HG to fund this change order. C: OR FAUUM01WRI RESOLUT ONS 12. MOTION TO ADOPT Temn,._Reso. #6041 approving a Declaration of Restrictions relating to food and on - premises consumption of alcoholic beverages at MAINLANDS CENTER (tabled on 8/28/91). (located at the northeast corner of University Drive and NW 58 Street) F-TNAL ACTION - TABLED at the request of the Petitioner. 10/23/91 Page 5 13. MOTION TO ADOPT Tema. Reso. #6160 concerning a request for special exception by Salvatore Pisano d/b/a The Rustic Scupper (formerly Triggs Restaurant) to permit the operation of a restaurant at 5718 N. University Drive, which is zoned B-2 (Planned Community Business). Petition #45--Z-91 RESOLUTION R-91-186-PASSED 14. MOTION TO ADOPT __Temn.Reso. #6161 concerning a request for special exception by Salvatore Pisano d/b/a The Rustic Scupper (formerly Triggs Restaurant) to permit the on - premises consumption of beer and wine at 5718 N. University Drive, which is zoned B-2 (Planned Community Business). Petition #46-Z-91 RESOLUTION R-91-187-PASSED APPROVED 15. MOTION TO ADOPT Tem2. Reso. #6157 authorizing the appropriate City officials to execute an Inter -Local Agreement with Robert E. Lockwood, Clerk of Courts, Seventeenth Judicial Circuit, for processing and collection of parking citations. RESOLUTION R-91-188-PASSED 16. MOTION TO ADOPT Temg. Reso. #6156 awarding Bid #91-10 in the amount of $32,497.55 to Florida Fire Apparatus Corporation to rehabilitate the pumping assembly of Jet Rodder #409. RESOLUTION R-91-189-PASSED 17. PUBLIC HEARING - MOTION TO ADOPT TemR. __ Ord._—#1578 on second reading to amend Section 24-81 of the Code concerning restructuring the membership of the Plan Adjustment Committee. FINAL ACT ION• Public Hearing was held. TABLED for further review. 1 E 10/23/91 Page 6 VA 18. on second reading to amend Article III of Chapter 16 of the Code to redefine those City officials and employees whose participation in the Pension Plan is optional. FINAL ACTION* ORDINANCE 0-91-36-PASSED Public Hearing was held. APPROVED on second and final reading. 19. MOTION TO ADOPT Tgm2._Qrd. #1579 on first reading 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. UNAL ACTION: APPROVED on first reading. Public hearing and second reading will be held on Wednesday, November 13, 1991 at 7:30 p.m. in the Council Chambers of City Hall.. 20. City Council 21. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 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 may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk 10/23/91 Page 7 City Council Regular Meeting 10/23/91/KJ Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OCTOBER 23, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, October 23, 1991 at 9:00 a.m. in the Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. RRESENT• Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilwoman Diane Glasser Councilman Irving Katz Councilman Henry Schumann John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary MEDITATION AND T=GE OF ALLr&QIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation. ****************************************************************** Qalt mer Service 8. e. declaring the Water and Sewer Developers Agreement with Mavi/Regina Development for LA COSTA SHOPPES in default due to non-payment of guaranteed revenues and authorizing preparation and recording of a lien. SYNOPSIS OF ACTION, TABLED for further review. V/M Bender MOVED to TABLE Temp. Reso. #6159, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 12• #6041 approving a Declaration of Restrictions relating to food and on -- premises consumption of alcoholic beverages at MAINLANDS CENTER (tabled on 8/28/91). (located at the northeast corner of University Drive and NW 58 Street) SYNORSIS OF AC,rTION: TABLED at the request of the Petitioner. V/M Bender MOVED to TABLE Temp. Reso. the Petitioner, SECONDED by C/W Glasser. VOTE: #6041 at the request of ALL VOTED AYE City Council Regular Meeting 10/23/91/KJ Page 2 1. a. PRESENTATION by Assistant City Manager Dina McDermott of ten-year service awards to the following: Patricia Marcurio City Clerk's Office Alan Levine Public Services Department Marilyn Holbrook Purchasing Department SYNO SIS Or ACTION --- Presentations were made. b. EBZSENTATION by Assistant City Manager Dina McDermott of five-year service awards to the following: Thomas Hartigan Rothschild Larrieux SYNOPSIS OF ACTION_ Presentations were made. Public Services Department Public Services Department 2. PRESENTATION by Mayor Abramowitz of a Certificate of Appreciation to University. Hospital for donating and administering 1,000 free flu shots to Tamarac residents. SYNOPSIS OF_ ACTION_ Presentation was made by Mayor Abramowitz to Lynn Farber of University Hospital. Mayor Abramowitz commended Assistant City Manager McDermott, Robyn Thalenfeld, Barbara Janofsky, Dee Williams, Tanya Stephens and the Social Services Department for the fine job they did with the flu shot arrangements. Mayor Abramowitz acknowledged Bob Newman, Executive Director of University Hospital, Lynn Farber, Sue Bowers, Marg Leder, and Al Keller, Staff members of University Hospital for their cooperation and issued a Certificate of Appreciation to all. 3. PRESENTATION by Mayor Abramowitz of a Certificate of Appreciation to Nathan Cohen for all his contributions while a member of the Consumer Affairs Board and granting Mr. Cohen an Honorary Lifetime Membership. SYNOPSIS OF ACTION -- Presentation was made by Mayor Abramowitz to Fred Adler, Chairman of the Consumer Affairs Board, on behalf of Nathan Cohen. 4. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of October 19-27, 1991, as "RED RIBBON WEEK". SYNOPSIS OF ACTION: Presentation was made by Mayor Abramowitz to Ed Alford, Law Enforcement Sergeant, Supervisor of the Division of Alcoholic Beverages and Tobacco. 5. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of October 27 through November 2, 1991, as "FORGET ME NOT WEEK". SYNOPSIS Or ACTION! - Presentation was made by Mayor Abramowitz to Al Mallor, Emery Farkas and Abe Blank, members of the Veterans Alliance. 7 �J City Council Regular Meeting 10/23/91/KJ Page 3 6. PRESENTATION by Mayor Abramowitz of a proclamation designating November 10-15, 1991, as "POPPY FUND DRIVE WEEK". SYNOPSIS QF ACTION: Presentation was made by Mayor Abramowitz to Al Mallor, Sam Schwartz and Lou Solomon. Mayor Abramowitz said it is Government Week and the City will have five students from Taravella High School visiting the various departments in the City, and one student has been invited to sit with Council during this meeting. PUBLIC PARTICIPATION 7. LIC PAB11CIPATION - 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, expressed his concerns regarding the ambulance contract records. Melanie Reynolds, resident, expressed her concerns pertaining to the residents' taxes. Joe Schreiber, resident, requested that the City provide rate information on the utility bills in order for the residents to determine if their bill is correct. Mr. Schreiber expressed his concern regarding the amount of money the part-time City Attorney is being paid. Mr. Schreiber referred to Item 8.f. of the Consent Agenda and suggested that the City use the services of the County Traffic Engineer and Planner. Mr. Schreiber referred to Item 18 and stated that the City should research the possibility of going into its own trash collection business. Mr. Schreiber requested an explanation for Item 8.j. of the Consent Agenda and Item 11. Mayor Abramowitz said that any time any member of the public has questions on any particular item on the agenda prior to the meeting, to please contact the City. 8. Items listed under Consent Agenda, Item 8, 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. City Qls;k a. MOTION T APPEM, the City Council minutes of the following meetings: 1. 9/6/91 -\Special Joint Meeting with the Charter Board 2. 9/6/91 - Special Meeting' City Council Regular Meeting 10/23/91/KJ Page 4 b. MOTION TO APPROVE renewal of a model sales and administrative facility for COLONY COVE in Building 3, Unit 15, for a six-month period from 11/28/91 to 5/28/92. �•• • •I •• r c, approving transfer of a special use exception to permit the operation of an animal clinic at 5201 N. State Road 7 from Patrick J. Rooney, DVM, to John Case, DVM, Clinic for Animals. Petition #49-Z-91 SYNOPSIS QE ACTION* RESOLUTION R-91-183-PASSED APPROVED d. approving transfer of a special' use exception to permit the operation of a laundromat in Bay 3 of Building C at LAKESIDE PLAZA, 5429 N. State Road 7, from S. Frances Krasnoff d/b/a Lakeside Plaza Coin Laundry to Martha Segura d/b/a Charlie's Coin Laundry. Petition #51-Z-91 RESOLUTION R-91-184-PASSED 41WWWOW ofr f. MOTION TO APPROVE the establishment of a Selection Committee with regard to Expression of Interest EOI-91-02 for the selection of a traffic engineer and/or traffic planner. The Committee shall include the following: City Manager or Designee Gordon Sparks, Assistant Kelly Carpenter, Director Michael Couzzo, Assistant Public Services ,•• •a ., . • • re imp (Dina McDermott) City Engineer of Community Development City Manager/Director of g. MOTION TO APPROVE the extension of all commercial garbage franchise agreements from 11/1/91 through 12/31/91 while awaiting preparation of a new contract. h. MOTION TO APPROVE budgeted overnight seminars/meetings for the various Casty departments for Fiscal Year 1991/92. City Council Regular Meeting 10/23/91/KJ Page 5 i. MOTION TO "QXT Tamp. Reso. #6158 releasing performance Letter of Credit #IC--5245 in the amount of $101,182.20 posted for public improvements at CENTRE AT WOODMONT subject to receipt of a one-year warranty bond in the amount of $25,295.55. SXNOPSIS OF ACTION: RESOLUTION R-91-185-PASSED APPROVED j. MOTION TO APPROVE a Water Retention Agreement with Leadership Housing, Inc., for the LAND SECTION 8 PLAT. ��.. $1 AONP11c"Eq ,..TO l V/M Bender MOVED to APPROVE the Consent Agenda with the exception of 8.e., SECONDED by C/M Schumann. VOTE: I ALL VOTED AYE General AdministratiXe 9. a. MOTION TO APPROVE the transfer of $5,000.00 from Contingency Account #001-872-588-975 to Legislative Meetings and Seminars Account #001-105-511-401 ($2,500.00) and to Travel -Other Account #001-105-511-402 ($2,500.0.0) to provide funding for Mayor and Council travel (seminars, conferences and travel) . b. MOTION TO ARZBOVE the attendance of Councilwoman Diane Glasser and Councilman Irving Katz at the Florida League of Cities 1992 Legislative Conference on November 7-8, 1991, in Tallahassee, Florida. SYNOPSIS OF ACTION: 9.a. APPROVED. 9.b. APPROVED 9.a. C/M Katz MOVED to APPROVE Item 9.a., SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 9.b. C/M Katz MOVED to APPROVE Item 9.b., SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Council Regular Meeting 10/23/91/KJ Page 6 10. MOTION TO APPROVE the transfer of $5,000.00 from Contingency Account #001-872-588-975 to Engineering Services Account #001-411-541-318 to retain a licensed engineering/surveying firm to prepare a detailed topographic survey of NW 71 Place from Nob Hill Road to NW 108 Terrace to identify potential drainage problem areas and provide a basis for future engineering design plans preparation and subsequent construction at a cost not to exceed $5,000.00. 9)1 � 0ijwAoocr)� F.AWWWOW o C/M Katz MOVED to APPROVE Item 10, SECONDED by C/W Glasser. Mike Couzzo, Assistant City Manager and Director of Public Services, said this is not to exceed $5,000 and will provide preliminary topographic information so that the City will have a basis for making an engineering determination as to what problems do exist on NW 71 Place from Nob Hill Road to NW 108 Terrace. He said there have been existing drainage problems. Mr. Couzzo said topographic engineering analysis is to determine whether it is the crowning of the road or the drainage structures and the need for additional structures. He said this is the first of a couple phases that will come. C/M Schumann asked who owns that piece of property and Mr. Couzzo said it is a City right -of --way. C/M Schumann asked what future construction will be performed and by whom. Mr. Couzzo said this is the preliminary work that needs to be done to make a determination as to what construction will take place. He said it is believed that the road may not be crowned properly and there is a possibility that the drainage could be corrected if the road is recrowned and restructured. He said there is also a possibility that there is insufficient drainage structures on the road to support the runoff. C/M Schumann said this should have been done prior to the road being constructed and Mr. Couzzo agreed. C/M Schumann said if something is going to be constructed in that area, the property should belong to a developer and Mr. Couzzo said it is a City right-of-way. C/W Glasser said the drainage problem on NW 72 Place has existed for a long time. She said this problem should have been corrected when the Isles of Tamarac was constructed. TAPE 2 C/W Glasser said it behooves the Council to review this situation for correction in order to protect the health, safety, and welfare of the residents using this road. C/M Katz asked if there are any curbing or Swale areas on NW 71 Terrace and Mr. Couzzo said there is no curbing but there are swale areas. C/M Katz asked where the runoff from the swale area goes and Mr. Couzzo said there are some storm drainage structures there. C/M Katz asked if there may be a possibility of incorporating some County participation in this and Mr. Couzzo agreed. Mayor Abramowitz requested that a valley gutter be checked into and Mr. Couzzo agreed. IJ VOTE: ALL VOTED AYE 11 City Council 10/23/91/KJ Page 7 Regular Mee�ing 11. MOTION TO APPROVE Change Order #1 to the contract with Utilities Services, Inc., for various changes to the contract in the additional amount of $29,175.01 and to APPROVE a 14-day extension to the completion date of the contract to 4/18/92; and to APPROVE the transfer of $29,176.00 from CIAC Account #432-371-586-975 to TUW Project #89-40, Phase II Water Treatment Plant Expansion, Account #432-363-533-6HG to fund this change order. C/W Glasser MOVED to APPROVE Item 11, SECONDED by C/M Katz. Mr. Couzzo said this is the first Change Order to the Water Treatment Plant Expansion and a three page analysis has been provided on each of the items being recommended. He said these changes have been recommended by the Department's Utility Service Coordinator to provide for the types of changes being requested. Mayor Abramowitz asked who mandated these Change Orders and Mr. Couzzo said the number one Change Order is a deduct Change Order. Mr. Couzzo said prior to the contract emergency lighting was installed but the contract specifications had emergency lighting in it so the City can currently take advantage of a $2,950 deduct because the City did some work prior to the execution of the contract. He said they were not able to determine the exact specifications of some of the things in there until the contract was actually executed. He said this was reviewed by Mr. Procopio and the consulting firm, Hazen and Sawyer, and it was concurred that this work needs to be done at this time. V/M Bender asked the reason for the 14 day extension and Mr. Couzzo said it is due to the additional work that is going to be required to do the welding of the joints on the eight million gallon accelator. Mr. Procopio said it is primarily to handle the items in the Change Order that are going to take the contractor additional time. Mayor Abramowitz asked if this is from the'CIAC Funds and not from tax money and Mr. Couzzo agreed. Discussion was held regarding the work to be done. VOTE: ALL VOTED AYE 13. concerning a request for special exception by Salvatore Pisano d/b/a The Rustic Scupper (formerly Triggs Restaurant) to permit the operation of a restaurant at 5718 N. University Drive, which is zoned B-2 (Planned Community Business). Petition #45-Z-91 $XNOPSiS OX ACTION: Discussion was held. See Page 9 for final action. City Attorney Ruf read Temp. Reso. #6160 by title. V/M Bender MOVED to APPROVE Temp. Reso. #6160, SECONDED by C/M Schumann. Kelly Carpenter, Director of Community Development, said this is an application by Salvadore Pisano for the Rustic Scupper Restaurant to be located where the Triggs Restaurant was on University Drive. City Council Regular Meeting 10/23/91/KJ Page 8 Ms. Carpenter said the Board of Adjustment granted a variance for this property on October 14, 1991 since the property was only 78.14 feet from the nearest residential property line. She said at the time the project was built in 1975, a 100 foot separation requirement was not in existence. She said the Planning Commission unanimously recommended this application to Council and Staff recommends approval. 17. PURLTC HEARING - on second reading to amend Section 24-81 of the Code concerning restructuring the membership of the Plan Adjustment Committee. Public Hearing was held. TABLED for further review. City Attorney Ruf read Temp. Ord. #1578 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1578, SECONDED by C/M Schumann. Ms. Carpenter said this is a self-explanatory item. Mayor Abramowitz OPENED the Public Hearing. Joe Schreiber, resident of Kings Point, said he is a member of the Planning Commission and it appears that the Plan Adjustment Committee is doing some of the functions that the Planning Commission had done in the past. He said the Code does not specify what is a minor or major situation for changes. He suggested that the Code be amended to itemize exactly what is considered minor and major. Melanie Reynolds, resident, expressed her concerns regarding the Plan Adjustment Committee and its actions. She suggested the original Ordinance be amended. C/M Schumann asked if Item 17 is illegal on its face and City Attorney Ruf said the amendment being proposed is not illegal. City Attorney Ruf said when the City codifies Ordinances, they are not brought as they were adopted but are edited. He said in the adoption of the last Code, Jack Steltzer introduced an Ordinance in 1988 to include the Fire Marshal, who now sits on the Plan Adjustment Committee. He said to substitute the person who accepts the petition from the Chief Building Official to the Planning Department Head, was made in the Code, even though the Ordinance which proposed those changes was not passed. City Attorney Ruf said the suggestion that Council cannot go forward on this Ordinance is without merit. C/M Schumann asked if there is a possibility of some illegality of object and City Attorney Ruf said technically he would defend the existing Code by the suggestion that it was adopted legislatively by Council. City Attorney Ruf said an amendment can be presented that suggested that the Fire Marshal should be a member and that the person accepting the petition is the Community Development Department rather than the Chief Building Official. Mayor Abramowitz asked if the specifics are not contained in this Ordinance and City Attorney Ruf said yes, but the purpose of this 1 L City Council Regular Meeting 10/23/91/KJ Page 9 amendment is to remove the suggestion of dual office holding and he feels Council should move forward and adopt this. Mayor Abramowitz CLOSED Nthe Public Hearing with no further response. C/M Katz MOVED to TABLE Temp. Ord. #1578, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE Mayor Abramowitz requested that City Attorney Ruf submit language that removes any doubt of legality. 18. PUBLIC HEARING -- on second reading to amend Article III of Chapter 16 of the Code to redefine those City officials and employees whose participation in the Pension Plan is optional. SYNOPSIS -OF &GT'1ON: ORDINANCE 0-91-36-PASSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read Temp. Ord. #1564 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1564, SECONDED by C/W Glasser. Assistant City Manager Dina McDermott said this will allow City officials and management to opt out of the Pension Plan and this program will save the City money. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 13. MOTION TO ADOPT Tema_ Rosso. #6160 concerning a request for special exception by Salvatore Pisano d/b/a The Rustic Scupper (formerly Triggs Restaurant) to permit the operation of a restaurant at 5718 N. University Drive, which is zoned B-2 (Planned Community Business). Petition #45-Z-91 SYNOESIS OF ACTION- RESOLUTION R-91-186-PASSED APPROVED (See Page 7 for discussion and Motion) VOTE: ALL VOTED AYE 14. MOTION TO AnOPT Te i.Rgso. #6161 concerning a request for special exception by Salvatore Pisano d/b/a The Rustic Scupper (formerly Triggs Restaurant) to permit the on - premises consumption of beer and wine at 5718 N. University Drive, which is zoned B-2 (Planned Community Business). Petition #46-Z-91 SYNOPSIS OF ACTION, RESOLUTION R-91-187-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6161 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6161, SECONDED by V/M Bender. Ms. Carpenter said this is an application by Salvatore Pisano to have beer and wine at the Rustic Scupper. She said the purpose of this special exception is the restaurant was closed for more than a year; therefore, the special exception is considered invalid and City Council Regular Meeting 10/23/91/KJ Page 10 must be reapplied for. She said the applicant has met all of the requirements of the Code and the Planning Commission and the Staff recommends approval. VOTE: ALL VOTED AYE General Adm3_nistrat1XQ 15. authorizing the appropriate City officials to execute an Inter -Local Agreement with Robert E. Lockwood, Clerk of Courts, Seventeenth Judicial Circuit, for processing and collection of parking citations. SYNOPSIS OF ACTION:. RESOLUTION R-91-188-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6157 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6157, SECONDED by C/M Katz. Assistant City Manager McDermott said this is an agreement with Broward County to provide an automated parking ticket system. She said it is a six-month pilot program which should provide a more efficient processing and collection system. She said after three non -payments, Broward County can invalid the violators' license tag. C/M Katz asked if the City has the right to hold onto these tickets for surrendering them to the County Clerk and Assistant City Manager McDermott said it is at the City's discretion. V/M Bender requested that the address in the agreement be updated to the new City Hall address and Assistant City Manager McDermott said the latest copy that will be executed will have the correct address. VOTE: ALL VOTED AYE 16. awarding Bid #91-10 in the amount of $32,497.55 to Florida Fire Apparatus Corporation to rehabilitate the pumping assembly of Jet Rodder #409. SYNORSIS OF ACTION RESOLUTION R-91-189-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6156 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6156, SECONDED by C/M Katz. Mr. Couzzo said this is to refurbish an existing piece of equipment that is used in the wastewater transmission and distribution system that sends a hose through the line and cleans out the pipes so they can be televised with the recently purchased van. Mr. Couzzo said the Department has made a decision that it would be in its best interest to refurbish the existing piece of equipment rather than buy a lesser trailerized piece of equipment at the same cost. Mr. Couzzo said this is a result of competitive bid and this is the low bidder. He said this is used in conjunction with the new van and all of the tank and hose units.need to be replaced. VOTE: ALL VOTED AYE City Council Regular Meeting 10/23/91/KJ Page 11 19. on first reading 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. SYNOPSIS OE__ACTION__ APPROVED on first reading. Public hearing and second reading will be held on Wednesday, November 13, 1991 at 7:30 p.m. in the Council Chambers of City Hall. City Attorney Ruf read Temp. Ord. #1579 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1579, SECONDED by C/M Katz. City Attorney Ruf said this is an Ordinance that was developed primarily by C/M Katz and Chris Carsky to control the parking of commercial vehicles with commercial signage on the roadways adjacent to commercial shopping centers and to restrict the parking of boats and boat trailers on commercial and vacant property. Mayor Abramowitz asked if this applies to any vehicles that are not parked on Tamarac property at City or County boundaries and City Attorney Ruf said, no. Discussion was held regarding the cooperation of North Lauderdale and Broward County in this request. C/M Katz said this addresses trucks and other vehicles that are parked in the City for days or weeks that are not associated with the owners of the property. He said this eliminates long --term parking so that BSO has the right to cite and remove such vehicles. He requested that an Ordinance be drafted to address non -operational vehicles. Assistant City Manager McDermott said this is being drafted at present. C/W Glasser said she feels that is being too harsh. C/M Katz said the Code states there is a lapse of time which will allow for 24 hours. Discussion was held regarding how BSO determines the length of time a car is parked in the same location. VOTE: ALL VOTED AYE REPORT'S 20. City Council C/M Schumann said he received a phone call from Dr. Al Wald, a resident of Woodlands, regarding burglaries in that area. TAPE 3 C/M Schumann said there was a request to close off Rock Island Road, one of the entrances into the Woodlands. He said the BSO has not been able to apprehend these people at this time. He requested an Expression of Interest to permit City Attorney Ruf to research this and to see if the State or County has the authority to close off these streets and Mayor Abramowitz agreed. Further discussion was held regarding this. C/M Katz commended City Manager Kelly and Assistant City Manager McDermott for holding a meeting to formulate a Community Redevelopment Committee. He said there are a number of vacant shopping centers in the City which need to be addressed. He said City Council Regular Meeting 10/23/91/KJ Page 12 there are reports of some developers and others who are interested in participating in this function. C/W Glasser said she has received many complaints regarding the fishing off City bridges. She said there have been break-ins, loud music being played in the early hours of the morning and there are cities which have created Ordinances to disallow fishing in the canals. She requested a proposed Ordinance be created to restrict this. C/W Glasser said there are several board and committee member openings which need to be filled. She said many of the applicants do not know what is expected of them for these boards or committees. She suggested a job description be created for each board and committee and Assistant City Manager McDermott agreed. Mayor Abramowitz said Coral Springs has a ban on fishing because they have their own water district. He said he had requested that the South Florida Water Management District allow the City to restrict fishing; however, they advocate recreational activities. He said the Law does state that fishing is prohibited on private property. Assistant City Manager McDermott said several cities restrict fishing from bridges and she would investigate this further. Further discussion was held regarding this. V/M Bender said there are problems with these fishermen crossing private property to get to the canal. He said a fishing license is required of those fishing in the canal, except for bamboo poles. He said the residents must post a,sign indicating private property in order for the BSO to enforce trespassing. Mayor Abramowitz said Senator Bob Graham's office has requested the use of City Hall to conduct interviews of the applicants for the Naval Academy and West Point to be held on Friday, November 1, 1991 from 8 a.m, to 6 p.m. Mayor Abramowitz said he received a letter from James Brady requesting support from the City for a library on 57 Street and Commercial Boulevard across from Bermuda Club. He said they have submitted a letter of support for the library. He said he requested that Bermuda Club write a letter to the City Manager regarding this. Mayor Abramowitz said on Wednesday, November 8, 1991 at the Lauderhill City Hall, from 1 p.m. to 3:30 p.m., there will be a Public Hearing with the Department of Elder Affairs. He said he will be sworn in and receive his assignment in Tallahassee on Friday. 21. City Manage Assistant City Manager McDermott requested direction from the Council regarding the second Regular Council meeting for December which falls on Christmas Day as to whether the meeting should be moved or cancelled. City Council Regular Meeting 10/23/91/KJ Page 13 Mayor Abramowitz said there has been an expression of interest to change the Council vacation schedule to prevent it from conflicting with the budget process. He suggested this be agendized for a workshop meeting in the next week and Assistant City Manager McDermott agreed. With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:48 a.m. N RMAN ABRAMOWITZ MAYOR �.. L- CAROL A. EVANS CITY CLERK - "This public document was promulgated at a cost of $170._-20 or $3.78 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF J % L City Clerk