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HomeMy WebLinkAbout1991-12-11 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 11, 1991 - 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. 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. 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. a. KOTION TO APPROVE the City Council minutes of the 8/28/91 regular meeting. CS?iBMlinit.Y DeveloRMent b. MOTION TO ADOPT Temp.—Bgso. #6192 amending Resolution 91-187 to provide for on -premises consumption of "alcoholic beverages" rather than "beer and wine" at the Rustic Scupper (formerly Triggs Restaurant) at 5718 N. University Drive. RESOLUTION R-91-219-PASSED Page 1 12/11/91 c . MOTION TO__ ADOPT TeMp „agilo _ #6191 approving a request by WOODMONT GARDENS ACLS for an extension of final site plan approval for one (1) year for Phase 1 and four (4) years for Phase 2.. (located on the south side of Southgate Boulevard between University Drive and NW 88 Avenue) FINAL ACTION: RESOLUTION R-91-220-PASSED Removed for discussion. APPROVED with the condition that if, in the future, there were more stringent requirements for approval of a site plan that Woodmont Gardens ACLF would modify their site plan to accommodate those new regulations. d. HQJION TO APPROVE the expenditure of $4, 706.00 for unforeseen necessary repairs during the refurbishment of the Seagraves by Dowling Fire Equipment, Inc., with funds available in Account #001-223-522--464, Repairs - Machinery and Equipment. •� :•-I•Tr e. MOTION 10 APPROVE garbage franchise month basis while new contract. Ma�f;i:��T•��•� the extension of all commercial agreements from 1/1/92 on a month -to - awaiting preparation and approval of a f. releasing performance Letter of Credit #218 in the amount of $13,150.76 posted for concrete curbing on Woodlands Boulevard in connection with Bid #91-12 subject to receipt of a one-year warranty bond in the amount of $3,287.69. .. • , F.AVVIN"T1 3. MOTLON TO A,PPROVE Selection Committee Interest EOI-91-03 a��+i:4+iC• • , RESOLUTION R-91-221-PASSED the report and recommendation concerning Expression of for the services of a landscape of the inspector. 1 LJ Page 2 12/11/91 4. MOTION TO APPROVE rejection of all bids received under Bid #91-15, Request for Proposals to Provide Audit of Franchise Agreements, and authorization to rebid this project. FINAL AQTIQN* APPROVED I 5. a MOTIQU To APPROVE, TUW Project #88-10, Design of Raw Water Wells 16 through 19 and Construction of Wells 16 and 17 at an estimated total project cost of $325,000.00. b. MOTION TO APPROVE the transfer of $325,000.00 from Budgetary Retained Earnings CIAO Fund Account 432-371--586-975 to TUW Project 88-10 Account 432-363-533-6HI to fund this project. C. MOTION TQ APPROVE Addendum #34 to the contract with Hazen & Sawyer, P.C., in the amount of $46,250.00 to provide professional engineering services for TUW Project 88-10. (tabled on 11/27/91) FINAL ACTION• APPROVED 5.a., 5.b. and 5.c. 6. MOTION TO UPROVE Addendum #1 to the architectural/ engineering agreement with Scharf & Associates, Inc., of 11/11/11 in an amount not to exceed 110,320.00 to prepare construction drawings for the TAMARAC SPORTS COMPLEX Restrooms and Concession Stand at TRACT 27. FINAL, ,&QTION: APPROVED 7• authorizing the lease/purchase of a Mapgraphix System (geographic information system) for the Macintosh Computer System in the amount of $24,913.44 (tabled on 11/27/91). FINAL ACTIQN* TABLED 8• approving Development Order #283 which approves the following for JEHOVAH'S WITNESSES KINGDOM HALL at 5811 NW 88 Avenue (old City Hall site) : a) Revised Site Plan b) Landscape Waiver c) Fence Waiver d) Water and Sewer Developers Agreement FINAL ACTION* RESOLUTION R-91-222-PASSED APPROVED. The City agreed to pay half of the costs to install a new fire hydrant. Page 3 12/11/91 9. authorizing the appropriate City officials to execute an Amendment to the Letter of Understanding between the Cities of Lauderhill, Lauderdale Lakes and Tamarac for the purpose of a pilot program entitled "Tri-City Commercial Recycling Program". RESOLUTION R-91--223-PASSED 10. concerning a request by BOARDWALK APARTMENTS for limited parking waiver to approve a site plan which allows a maximum of 11 parking spaces in a row where City Code limits the number of spaces without a landscape island to 10 for additional non -required parking for the apartment complex located at NW 88 Avenue and NW 61 Street. Petition #60-Z-91 EINAL ACj1QHo RESOLUTION R-91-224-PASSED Public Hearing was held. APPROVED 11. concerning a request by JEHOVAH'S WITNESSES KINGDOM HALL for limited parking waiver to approve a site plan which allows five (5) spaces with no forward means of egress, which allows a setback of five (5) feet where twenty-five (25) feet is required between an interior parallel drive and NW 88 Avenue, and which allows minimum backup distance of five (5) feet where twenty (20) feet is required for the conversion of a vacant government building (Old Tamarac City Hall) to a church located on the west side of NW 88 Avenue, approximately 1,000 feet north of Commercial Boulevard. Petition #67-Z-91 FINAL ACTION_ RESOLUTION R-91-225-PASSED Public Hearing was held. APPROVED 12. J!U JQ SEARING - MOTION TO ADOPT Temp. Ord. #1582 on first reading concerning a request by the CITY OF TAMAR C to amend Ordinance 0-82-43 (previous zoning Petition #10--Z--82, KINGS POINT PROFESSIONAL PLAZA) by authorizing commercial flexibility for the southeast corner of Nab Hill Road and Kings Point private Clubhouse Drive to conform to the Broward County Land Use Plan. Petition #68-Z-91 FINAL _ ACTION-' TABLED to City Council Regular meeting to be held on January 8, 1992 at 7:30 p.m. Page 4 12/11/91 1 13 . PUBLIC HEARING_ - -MOTION TO _ ADOPT Tema. Ord_ #1583 on first reading concerning a request by the CITY OF TAMARAC to amend the Comprehensive Plan for full certification of the Land Use Plan Element and Map from Broward County. Petition #5-LUA-91 FINAL AQT,L41L Public Hearing was held. APPROVED on first reading. �� • 14. j=ION__TO ADOPT ^TemR. Ord_ #1573 on first reading to amend Chapter 10 of the Code to provide regulations for the protection of wildlife, natural resource areas, ecological communities and their habitats. FINAL ACTION• Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on January 8, 1992. 15. on first reading to implement the requirements of Section 163.3202, Florida Statutes, which requires the adoption of land development regulations to implement the City's Comprehensive Plan by creating anew Section 10-121(g) of the Code incorporating, by reference, Chapter 27 of the Broward County Code relating to wellfield protection. Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on January 8, 1992. 16- on first reading to amend Section 12-30(c) of the Code to provide for occupational license approval through the Director of Community Development to determine if the proposed business use is allowed under the zoning portion of the Code. FINAL ACTIQN Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on January 8, 1992. Page 5 12/11/91 17. City Council 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 A-1 - Limited Agricultural B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional LI-1- Light Industrial R-1 - Single Family Residence R-1B & R-1C- One Family Dwelling R-2 - Two Family Dwelling R-3 - Low Density Multiple R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 -- Residential Multi Family RM-10- Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park NOTICE : The Next Regular Meeting Of The City Council Will Be Held On Wednesday, January 8, 1992 at 7:00 p.m. Page 6 12/11/91 L - I City Council Regular Meeting 12/11/91/KJ Page 1 CITY OF TA1 ARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 11, 1991 Mayor Abramowitz called this meeting to order on Wednesday, December 11, 1991 at 7:00 p.m. in the Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. MEDITATION AND PLEDGE OF ALLEGIANCE:, Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation for the passing of Fred Adler's wife and Mae Schreiber's mother. Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilwoman Diane Glasser Councilman Irving Katz Councilman Henry Schumann Jahn P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 1. 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. Mary Seidel, resident, expressed his concerns regarding the vandalism in the City and at the Tamarac Elementary School. He asked if there has been any progress on the use of the land owned by Lennar Homes located at Phase 2. Carl Alper, resident, said the Tamarac President's Council unanimously voted to request that the Council recreate a Beautification Committee for the City. He expressed his concerns regarding the beautification of the City. Barnie Wein, resident of Westwood 23," issued a complaint regarding an FP&L light pole which was installed on the gutter side of his property. He said FP&L installed two cables with a pipe on his property without his permission which has decreased the esthetics of his property. Mayor Abramowitz requested that Mr. Wein give his address to Mr. Couzzo for investigative purposes. City Council Regular Meeting 12/11/91/KJ Page 2 2. c. approving a request by WOODMONT GARDENS ACLF for an extension of final site plan approval for one (1) year for Phase 1 and four (4) years for Phase 2. (located on the south side of Southgate Boulevard between University Drive and NW 88 Avenue) SYNOPSIS OF ACT„IQH: Removed for discussion. (See Page 3 for Final Action.) C/M Katz MOVED to REMOVE Item 2.c. for discussion, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE V/M Bender stated the Item 12 would be removed by Staff. 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 items) will be removed from the Consent Agenda and will be considered separately. a. XQJION TO APPROVE the City Council minutes of the 8/28/91 regular meeting. b. amending Resolution 91-187 to provide for on -premises consumption of "alcoholic beverages" rather than "beer and wine" at the Rustic Scupper (formerly Triggs Restaurant) at 5718 N. University Drive. RESOLUTION R-91-219--PASSED APPROVED d. MOTION TO APPROYK the expenditure of $4,706.00 for unforeseen necessary repairs during the refurbishment of the Seagraves by Dowling Fire Equipment, Inc., with funds available in Account #001-223-522-464, Repairs - Machinery and Equipment. e. the extension of all commercial garbage franchise agreements from 1/1/92 on a month -to - month basis while awaiting preparation and approval of a new contract. • +•' • M •+ r r . • 2 • C] 11 City Council Regular Meeting 12/11/91/KJ Page 3 f. releasing performance Letter of Credit #218 in the amount of $13,150.76 posted for concrete curbing on Woodlands Boulevard in connection with Bid #91-12 subject to receipt of a one-year warranty bond in the amount of $3,287.69. RESOLUTION R-91-221--PASSED APPROVED C/M Katz MOVED to APPROVE the Consent Agenda, with the exception of Item 2.c., SECONDED by V/M Bender. VOTE: ALL VOTED AYE 2. c. MOTION TO ADOPT Tema. Reso. #6191 approving a request by WOODMONT GARDENS ACLF for an extension of final site plan approval for one (1) year for Phase 1 and four (4) years for Phase 2. (located on the south side of Southgate Boulevard between University Drive and NW 88 Avenue) ACTION:SYNOPSIS Qr RESOLUTION R-91-220-PASSED Removed for discussion on Page 2. APPROVED with the condition that if, in the future, there were more stringent requirements for approval of a site plan that Woodmont Gardens ACLF would modify their site plan to accommodate those new regulations. C/M Katz MOVED to APPROVE Temp. Reso. #6191, SECONDED by C/W Glasser. C/M Katz expressed his concern regarding the health, safety and welfare of the residents in the City. He requested a stipulation that if there were something to come up that was more stringent on the requirements of the site plan, that Attorney Gabriel would so stipulate. Alan Gabriel, Attorney for Woodmont Gardens, said he is in agreement with the stipulation that if a matter regarding health, safety and welfare was to come up in Phase 2, he would be willing to modify it accordingly. City Attorney Ruf read Temp. Reso. #6191 by title. VOTE: ALL VOTED AYE 3. MOTION TO MPROVE the report and recommendation of the Selection Committee concerning Expression of Interest EOI-91-03 for the services of a landscape inspector. ,•• • r •, F . . • C/M Katz MOVED to APPROVE Item 3, SECONDED by V/M Bender. Kelly Carpenter, Director of Community Development, said this is a report from the Selection Committee concerning the advertisement for services of a landscape inspector. She said the Committee has met and considered the sole application that was received from a landscape architect, Kimberly Moyer. She requested that Council allow the Committee to negotiate with Ms. Moyer. City Council Regular Meeting 12/11/91/KJ Page 4 C/M Schumann asked if this will be on an as -needed basis and Ms. Carpenter said it is on a cost -recovery basis and an as -needed basis. VOTE: ALL VOTED AYE General Administrative 4. MOTION TO APPROVE rejection of all bids received under Bid #91-15, Request for Proposals to Provide Audit of Franchise Agreements, and authorization to rebid this project. C/M Katz MOVED to APPROVE Item #4, SECONDED by C/W Glasser. City Manager Kelly said the City has been attempting to locate auditors to review the various City franchises with a number of entities which include FP&L, Continental Cablevision, Southern Bell, Waste Management and the various commercial garbage haulers. He said the City received proposals from three prospective vendors and the Committee recommended that the proposals be rejected. City Manager Kelly recommended that the City move forward to try to audit these firms. He said the Committee feels that of the three proposed firms, Municipal Administrative Services (MAS), is clearly the most qualified. He said there were cost concerns regarding their proposal. City Manager Kelly suggested that Council consider authorizing Staff to negotiate with MAS and to authorize that one of the entities be pursued. He recommended that Council reject all of the bids and authorize negotiations with MAS for one specific audit and review the outcome and performance of that one audit prior to considering other audits. V/M Bender asked the basis for the recommendation of rejection and City Manager Kelly said there were three applicants and the Committee felt that two of the firms were not qualified for the specific projects requested. Further discussion was held regarding this. City Manager Kelly said MAS gave a good presentation to the City; however, the package proposal which was provided was not in the best interest of the City to pursue at this time. V/M Bender said this is an audit for conformance by the franchise companies to see that they are paying the City the correct amount of money which they agreed to pay when the franchise agreement was created. City Manager Kelly recommended that Council determine which of the franchises should be audited and then begin negotiations with MAS. Mayor Abramowitz said Council is being asked to reject the bids that were submitted and permit renegotiations with MAS for an audit on one of the franchises and City Manager Kelly agreed. C/W Glasser said Council needs to discuss this. She said she agrees with rejecting the bids and tabling the rest. Mayor Abramowitz said this is to reject the bids and allow City Manager Kelly to negotiate for one of the franchise audits which needs to be decided. VOTE: ALL VOTED AYE F� 11 City Council Regular Meeting. 12/11/91/KJ Page 5 10. concerning a request by BOARDWALK APARTMENTS for limited parking waiver to approve a site plan which allows a maximum of 11 parking spaces in a row where City Code limits the number of spaces without a landscape island to 10 for additional non -required parking for the apartment complex located at NW 88 Avenue and NW 61 Street. Petition #60-Z-91 RESOLUTION R--91--224-PASSED Public Hearing was held. APPROVED City Attorney Ruf read Temp. Reso. #6194 by title. V/M Bender MOVED to APPROVE Temp. Reso. #6194, SECONDED by C/W Glasser. Ms. Carpenter said this is an application by Boardwalk Apartments for a parking waiver for the apartments located at the northeast and southeast corners of NW 88 Avenue and NW 61 Street. She said they are claiming that there is insufficient parking and Staff agrees. Ms. Carpenter said the Code allows in residential areas to decrease the parking from 10 feet to 9 feet, which they are doing; however, in doing so, they create 8 additional spaces which creates 11 in a row instead of the maximum 10 in a row which the Code allows. She said the Staff has no objection to allowing those 11 spaces in a row. She said the Planning Commission and Staff recommend approval. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. C/M Katz asked if there are only 6 positions to waiver, not the 8 and Ms. Carpenter said the Council is being asked to waive the 11 in a row. VOTE: ALL VOTED AYE 11 PUBLIC - MQTION TO ADOPT TOMR. concerning a request by JEHOVAH'S WITNESSES KINGDOM HALL for limited parking waiver to approve a site plan which allows five (5) spaces with no forward means of egress, which allows a setback of five (5) feet where twenty-five (25) feet is required between an interior parallel drive and NW 88 Avenue, and which allows minimum backup distance of five (5) feet where twenty (20) feet is required for the conversion of a vacant government building (Old Tamarac City Hall) to a church located on the west side of NW 88 Avenue, approximately 1,000 feet north of Commercial Boulevard. Petition #67--Z-91 PSIS TI N• RESOLUTION R-91-225-PASSED Public Hearing was held. APPROVED City Attorney Ruf read Temp. Reso. #6195 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6195, SECONDED by V/M Bender. City Council Regular Meeting 12/11/91/KJ Page 6 Ms. Carpenter said this is one of four cases which affect the old City Hall which is going to be redeveloped by the Jehovah's Witnesses Group. She said they have applied for three parking waivers which include the following: 1) Allowing five spaces with no forward means of egress, which were existing spaces when they purchased the property. 2) Allowing a minimum of 5 feet where a 25 foot setback is required between Pine Island Road and the interior driveway, which is also an existing condition. 3) Allowing a minimum backup distance of 5 feet where a minimum of 20 feet is required, also existing. Ms. Carpenter said the Jehovah's Witnesses are claiming a hardship because they purchased the property with these existing deficiencies. She said Staff has agreed with their Finding of Hardship and the request of this waiver does not violate any provisions of the Comprehensive Land Use Plan. She said the Planning Commission voted in favor of this waiver and Staff recommends approval. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. C/M Katz asked if this will require an additional waiver for the fire lane in the rear of the building.which is inadequate as per Acting Fire Chief Jim Budzinski's report. Ms. Carpenter said the Fire Department has agreed with the applicant that the fire hydrant which is required to service the site will be in place and there is no further parking to be lost in order to meet the Fire . Department's requirement. VOTE: ALL VOTED AYE 12. PUBLIC^ HEARING - MOTION TO ADOPT Temp. Ord. #1582 on first reading concerning a request by the CITY OF TAMARAC to amend Ordinance 0-82-43 (previous zoning Petition #10-Z-82, KINGS POINT PROFESSIONAL PLAZA) by authorizing commercial flexibility for the southeast corner of Nab Hill Road and Kings Point private Clubhouse Drive to conform to the Broward County Land Use Plan. Petition #68-Z-91 SYNOPSIS OF ACTION: TABLED to City Council Regular meeting to be held on January 8, 1992 at 7:30 p.m. C/M Schumann MOVED to TABLE Temp. Ord. #1582 to January 8, 1992 at 7:30 p.m., SECONDED by C/W Glasser. VOTE: ALL VOTED AYE I� City Council Regular Meeting' 12/11/91/KJ Page 7 13. P yIC HEARING - MOTION TO ADOPT___Temn. Ord. #15$3 on first reading concerning a request by the CITY OF TAMARAC to amend the Comprehensive Plan for full certification of the Land Use Plan Element and Map from Broward County. Petition #5-LUA-91 XNOPSIS_ OF ACTION: Public Hearing was held., APPROVED on first reading. City Attorney Ruf read Temp. Ord. #1583 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1583, SECONDED by C/M Schumann. Ms. Carpenter said on September 26, 1991, the Broward County Planning Council granted provisional certification of the Tamarac Land Use Plan and on October 9, 1991, the Tamarac City Council passed a Resolution agreeing that the Staff should make all of the necessary changes to have the Plan change from a provisional certification to a full certification. Ms. Carpenter said Items A.l. through A.5., A through Z, in the Council's packet are the listing of the policies that the County wants included in the Land Use Plan. She said most of these are housekeeping items of which some are policies that are included in the open space, conservation, sanitation, sewer or other elements of the Comprehensive Plan that the County, which only has jurisdiction over Land Use, wants shown in the Land Use Element as well as those other elements. Ms. Carpenter said the County has added language from A through Z from their Plan which they would like to see in the City's Plan. Staff recommends approval on first reading. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE Public__- Services ri 5. a. MOTION 10 APPROVE TUW Project #88-10, Design of Raw Water Wells 16 through 19 and Construction of Wells 16 and 17 at an estimated total project cost of $325,000.00. b. MOTION TO APPROVE the transfer of $325,000.00 from Budgetary Retained Earnings CIAC Fund Account 432-371-586-975 to TUW Project 88-10 Account 432-363---533-6HI to fund this project. C. MQTION TO ARPROVE Addendum #34 to the contract with Hazen & Sawyer, P.C., in the amount of $46,250.00 to provide professional engineering services for TUW Project 88-10. (tabled on 11/27/91) SYNOPSIS OF ACTION, APPROVED 5.a., 5.b. and 5.c. 5.a. C/M Katz MOVED to APPROVE Item 5.a., SECONDED by C/W Glasser. Carl Alper, resident, asked what the location of these wells will be and Mike Couzzo, Director of Public Services, said they will be located on the north side of St. Malachy's Church. Mayor Abramowitz said there was a conflict regarding this with the South Florida Water Management District. He said the raw well has City Council Regular Meeting 12/11/91/KJ Page 8 been passed; however, there has been litigation brought by Hillsboro Beach and Deerfield Beach which will hold up the construction of Broward County's wells for a minimum of 6 months. He said this is for the design of the four wells but only for the construction of two and Mr. Couzzo agreed. Peter Procopio, Utilities Operations Manager, said the wells being discussed have been permitted by the South Florida Water Management District. He said the City can install 6 wells under this permit which must be installed by January, 1994. He said there are two wells currently under construction and there is a proposal for the design of four wells and the construction of two of the four in 1992. He said in 1993, there will be complete construction of the last two wells.. Mr. Procopio said there is an economy of scale when doing the design of all four simultaneously. He described the exact locations of these wells. Harold Newman, resident, asked if the wells located at Midway Plaza can be reactivated and Mr. Procopio said, no. C/M Katz asked if the money will be from the CIAO Fund or from the General Fund and Mr. Procopio said it will come from the CIAO Fund. TAPE 2 C/M Schumann asked what the $325,000 will pay for and Mr. Couzzo said it pays for the construction of the two wells and the design of four. VOTE: ALL VOTED AYE 5.b. C/W Glasser MOVED to APPROVE Item 5.b., SECONDED by C/M Katz. Mr. Couzzo said this is to transfer the funds to be utilized for the construction and design of these wells. VOTE: ALL VOTED AYE 5.c. C/M Katz MOVED to APPROVE Item 5.c., SECONDED by V/M Bender. Mr. Couzzo said this is for the actual design of the four wells, the permitting and the bidding phase. He said Hazen and Sawyer Engineers are the City's consulting engineering firm. C/M Schumann asked if the 2.70 billion gallons annually, shown on the South Florida Water Management District's use permit, is for both wells and Mr. Procopio said this is for all 19 wells which will be operating or drawing from the aquifer at any one time. VOTE: ALL VOTED AYE 6. MOTION TO, APPROVE Addendum #1 to the architectural/ engineering agreement with Scharf & Associates, Inc., of 11/18/91 in an amount not to exceed $10,320.00 to prepare construction drawings for the TAMARAC SPORTS COMPLEX Restrooms and Concession Stand at TRACT 27. UP W W Q WIVA a 1 V/M Bender MOVED to APPROVE Item 6, SECONDED by C/M Schumann. Mr. Couzzo said this is to go out for a redesign of the restroom/concession stand facility at Tract 27. He said portable lavatory facilities are currently being utilized at this location. Mr. Couzzo said the City has gone with a smaller scaled facility more in line with the Public Service Complex with an overhang, which will reduce the overall construction costs. He said this money comes from the Parks and Recreation zmpact Fee account. He I City Council Regular Meeting 12/11/91/KJ Page 9 said this is a result of the Competitive Negotiations Act where Scharf and Associates and Robert Walters were selected to do construction on a rotating basis. He recommended that the first project be done by Scharf and Associates. VOTE: ALL VOTED AYE • r, • 71. 11 9 r - - 7• MOTJQX TO ADOPT Temr." Reso. #6184 authorizing the lease/purchase of a Mapgraphix System (geographic information system) for the MacIntosh Computer System in the amount of $24,913.44 (tabled on 11/27/91). City Attorney Ruf read Temp. Reso. #6184 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6184, SECONDED by V/M Bender. City Manager Kelly said this is a proposal which began three years ago. He said this is a geographic information system which allows the City to record extensive information that is presently sought in various forms throughout the City. He said when a developer or homeowner wants to find information regarding the location of the utilities or fire hydrant or other such information, this can be obtained through this system. City Manager Kelly said this system provides for efficiency in storage of information and access to information so that it is readily available to a homeowner or prospective buyer of property. He said it will be a long-term investment for the future and will provide a data base that does not currently exist in a convenient format. He recommended approval with the funding in place and budgeted from the Utilities Department and the City. C/M Schumann asked if title passes at the time the City purchases the unit for $1.00 or upon the signing of the lease and City Attorney Ruf said the title passes to the City on the final payment of the unit. C/M Schumann said the liability insurance requirement of one million dollars is high and asked if this unit is stable and why the City needs liability coverage on a computer. City Attorney Ruf said this requirement is not being met as is but is being met by a letter from Susan Tillman, Risk Manager, that the City is self -insured and only has statutory limits of liability and they are well satisfied with that letter. He said the City is not going to be provided that kind of insurance. C/M Schumann asked if the City has the appropriate equipment to operate this system and City Manager Kelly said, yes. C/M Schumann asked if the City is sending a Staff member to get the required training for this system and Ms. Carpenter said the technical support and the training are in the package. Ms. Carpenter said the City does not have a computer that has the memory or speed to operate this program. She said the provider of the Mapgraphix program has changed the size of the computer which will run five times faster than the previous system. She said a new monitor and new hardrive will be purchased to run this program. City Council Regular Meeting 12/11/91/KJ Page 10 Ms. Carpenter said the purchase of the new equipment is part of this package. She explained the contract and from where the equipment will be purchased. Further discussion was held regarding the computer equipment, programs and hardware as well as the warranties provided. Mayor Abramowitz asked what the cost difference is between this package and purchasing it outright and Ms. Carpenter said the City will save approximately $2,400 on an outright purchase over the life of the contract. Mayor Abramowitz said he is much more comfortable knowing that a computer is included in this price. V/M Bender said this item was discussed during the budgetary process. He said the only change in this proposal from that time is the request to change from one computer to a faster computer. Ms. Carpenter agreed and said that this item was approved in the operating budget, not in the capital budget. Ms. Carpenter said almost anything can be built on a McIntosh Computer System, including a permit tracking system. She said the City's current permit tracking system runs efficiently and has been recognized by peer groups as one of the better tracking systems in the County which is'run on the City's mainframe. She said this system can accommodate permit tracking but is not being bought for the purposes of permit tracking. Further discussion was held regarding this system. C/M Schumann MOVED to TABLE Temp. Reso. #6184, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 8. MOTION TO ADOPT TCMR, Reso. #6196 approving Development Order #283 which approves the following for JEHOVAH'S WITNESSES KINGDOM HALL at 5811 NW 88 Avenue (old City Hall site) : a) Revised Site Plan b) Landscape Waiver c) Fence Waiver d) Water and Sewer Developers.Agreement SYNOPSIS OF -„ ACTION_ RESOLUTION R-91-222-PASSED APPROVED. The City agreed to pay half of the costs to install a new fire hydrant. City Attorney Ruf read Temp. Reso. #6196 by title. V/M Bender MOVED to APPROVE Temp. Reso. #6196, SECONDED by C/M Schumann. Ms. Carpenter said this is an application by the Jehovah's Witnesses for a major revised site plan at the old City Hall site located at 5811 NW 88 Avenue in Tamarac. She said the renovated building will contain three worship centers of 154 seats each, three offices, three libraries and two living quarters for ministers. Ms. Carpenter said changes to the site plan, from what was there to what they are proposing include the following: installation of a staircase on the west side of the building, construction of a four foot walkway around the building, elimination of the paved area in the rear of the building (creating additional green space), installation of canopies around all exterior doorways, staircases and the main entrance on the south side, construction of accessory structures to screen the air conditioning system, installation of a five foot high decorative fence along the south and east sides, a 42-inch vinyl coated fence along the north and City Council Regular Meeting 12/11/91/KJ Page 11 west sides, and improvements in the landscaping which includes the installation of 16 live oaks and 40 sabal palms and an overall increase in the landscaping along Pine Island Road and the waterway to the west of the building. Ms. Carpenter said the proposed site plan does not meet all of the requirements of the zoning code. She said a parking waiver was granted in Item 11 of this agenda by Council. She said there is also included a landscape waiver and a fence waiver. She said the site plan and the use of the site are in compliance with the Comprehensive Plan and it does meet traffic concurrency requirements. Ms. Carpenter said the Site Plan and Plat Review Committee recommended approval of this request on November 26, 1991 and the Planning Commission reviewed and recommended approval on December 4, 1991. She said Staff recommends approval of this revised site plan subject to all of the Findings of Fact, including those of the Site Plan and Plat Review Committee, and recommend approval of all three waivers. VOTE: ALL VOTED AYE City Manager Kelly said there is a concern on the site regarding the fire hydrant. He said there is a requirement that the fire hydrant, located on the east side of Pine Island Road, be relocated to the west side to service this complex. He said when City Hall was on this site and the Code changed, it should have been required at that time; however, due to the change of ownership, this is a requirement in order to meet the Code. City Manager Kelly said the cost has been a concern to the buyers and they have asked that the City share in the cost to relocate this fire hydrant or waive the requirement. He explained reasons why it is necessary to relocate the hydrant. He said Council needs to act on this in a timely manner due to the closing being scheduled for December 12, 19,91. V/M Bender asked if there should be a fire hydrant on both sides of Pine Island Road and City Manager Kelly said that could be a possibility; however, there must be one on the west side. Dave Perrotta, representative for the Jehovah's Witnesses, said the estimated cost for the relocation of this fire hydrant would be approximately $15,000 to cut the street. He said their concern is the added costs for this fire hydrant due to being a non-profit organization and all of the funds for this building have been voluntary donations from friends utilizing the existing facility in Tamarac. Mr. Perrotta requested that the City share the cost or pay for the entire cost of this fire hydrant relocation. He said the old City Hall is approximately 360 feet out of Code requirements from the fire hydrant. He said the members of this organization do not smoke; however, heat and smoke detectors will be installed. He said they are very much concerned about public safety. Mayor Abramowitz said a fire hydrant is necessary at this location. He said he has no objection for the City to pay a portion of this, based on the type of negotiations between the City and the Jehovah's Witnesses. C/M Schumann asked if there is water accessable on the west side of Pine Island Road. Roger Maki, Engineer for.the Jehovah's Witnesses, said the water is on the east side of the street. He said there is service to the west side but it is only a four inch water line where an eight inch water line is required for a fire hydrant. He said the existing fire hydrant will remain and a new one will be installed. Discussion was held regarding the locations of the available water lines. City Council Regular Meeting 12/11/91/KJ Page 12 C/M Katz said he has no objection to extending the cost of the note to provide this fire hydrant. He said the City has negotiated in good faith. TAPE 3 Further discussion was held regarding the costs and procedures to provide the fire hydrant. Mayor Abramowitz said the nearest water source is 600 feet away and Ms. Carpenter said the nearest 8 inch line is on Commercial Boulevard other than the one on the east side of Pine Island Road. Mayor Abramowitz asked if there is any place that the City can install an 8 inch line to do what is necessary which will avoid the cost of cutting under Pine Island Road and Ms. Carpenter said, no. C/W Glasser asked if this will hold up the Certificate of Occupancy and Mayor Abramowitz said it may hold up the closing. V/M Bender MOVED to APPROVE the City paying 50% of the installation of a fire hydrant, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE C/M Katz reviewed the architectural site plan and asked about the hearing impaired provisions and Ms. Carpenter said the Fire Marshal is aware of this and it will be handled at the time of building permitting. 9. MOTION TO ADOPT Temp. Reso_ _#6197 authorizing the appropriate City officials to execute an Amendment to the Letter of Understanding between the Cities of Lauderhill, Lauderdale Lakes and Tamarac for the purpose of a pilot program entitled "Tri-City Commercial Recycling Program". gYNOPSIS OF ACTION: RESOLUTION R-91-223-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6197 by title. V/M Bender MOVED to APPROVE Temp. Reso. #6197, SECONDED by C/M Schumann. Assistant City Manager McDermott said this is an amendment to the agreement between the Cities of Lauderhill, Lauderdale Lakes and Tamarac, which was approved on November 13, 1991. She said this agreement provides for a one year pilot program for commercial recycling on the 441 Corridor. Assistant City Manager McDermott said this is to amend the agreement to include Items 11 and 12. She said Item 11 is a pilot program for a trial period of one year and Item 12 states, "If one or more cities should withdraw within the trial period, the City must reimburse the remaining City or Cities for costs including: labor and other costs incurred due to their leaving the program and that the City would lose all claim to the program equipment." Assistant City Manager McDermott recommended approval of this program. She said the truck should begin service on January 1, 1992. VOTE: ALL VOTED AYE 1 City Council Regular Meeting 12/11/91/KJ Page 13 14. MOTION TO ADOPT Temp.Ord. #1573 on first reading to amend Chapter 10 of the Code to provide regulations for the protection of wildlife, natural resource areas, ecological communities and their habitats. aXNOPSIS OF ACTION- Public hearing was held. APPROVED on first reading. Second reading and public hearing will be held on January 8, 1992. City Attorney Ruf read Temp. Ord. #1573 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1573, SECONDED by C/M Schumann. Ms. Carpenter said this is an ordinance implementing the Tamarac Comprehensive Plan by setting forth the conditions under which environmentally sensitive lands will be conserved, preserved or mitigated due to development. She said the required environmental surveys are identified in the ordinance and are to be done by certified biologists. Ms. Carpenter said the ordinance applies to any natural resource protection area as identified on the Broward County Land Use Plan and there is one in Tamarac. She said it would apply to any undeveloped area in the City in which one or more of the ecological communities listed in the Conservation Element of the Comprehensive Plan is present, which includes oak hammocks, cypress swamps or other areas that contain certain soils, native vegetation or animals. Ms. Carpenter said the Planning Commission held a workshop meeting regarding this item in addition to its public hearing. She said the Engineering and Parks Departments were asked to review this ordinance and no adverse comments were submitted. City Attorney Ruf said this is a requirement of the Comprehensive Plan. Ms. Carpenter said this is a required implementation by the State, County and the South Florida Regional Planning Council as part of the City's Comprehensive Plan. VOTE: ALL VOTED AYE 15. 140TIQN TO ADOPT Tamr). Ord-- #1575 on first reading to implement the requirements of Section 163.3202, Florida Statutes, which requires the adoption of land development regulations to implement the City's Comprehensive Plan by creating a new Section 10-121(g) of the Code incorporating, by reference, Chapter 27 of the Broward County Code relating to wellfield protection. I UQR S I S OF ACTION: Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on January 8, 1992. City Attorney Ruf read Temp. Reso. #1575 by title. C/M Katz MOVED to APPROVE Temp. Reso. #1575, SECONDED by C/M Schumann. Ms. Carpenter said this is to implement the Comprehensive Plan. She said when the Florida Department of Community Affairs reviewed the Tamarac Comprehensive Plan, it was determined that even though the City was covered by the Broward County Wellfield Protection Ordinance under the environmental provisions of the Broward County Charter, the City had not adopted its ordinance into the City's City Council Regular Meeting 12/11/91/KJ Page 14 ordinances. She said this will not change any operating procedures at all. She said the County will still run the program and do the implementation. VOTE: ALL VOTED AYE 16, on first reading to amend Section 12-30(c) of the Code to provide for occupational license approval through the Director of Community Development to determine if the proposed business use is allowed under the zoning portion of the Code. SYNOPSIS OF ACTION: Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on January 8, 1992. City Attorney Ruf read Temp. Ord. #1584 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1584, SECONDED by V/M Bender. Ms. Carpenter said the ordinance as currently written allows the Occupational License Supervisor to make zoning determinations on occupational license applications. She said in order to provide a separation of powers where the person issuing the permit does not have to be subject to the public by finding against an applicant, this request is to move the zoning determination to the Planning Department. Discussion was held regarding specific language in the ordinance. City Attorney Ruf suggested that this be passed on first reading and clarification will be made of the language. VOTE: ALL VOTED AYE REPORTS 17. City Council C/M Schumann wished everyone a happy holiday season. C/M Katz wished everyone a happy holiday season and commended the Public Services Department, Ed Doyle, Parks and Recreation Operations Manager and City Manager Kelly for their efforts in the Holiday Lighting Festival. C/W Glasser said she has been working with Assistant City Manager McDermott on a Senior Center program. She said this is a much needed service. She wished everyone a happy holiday and healthy new year. V/M Bender referred to Item 4 on this Agenda regarding authorization to rebid. He stated that Council approved the rejection of the bids and authorized negotiations. Discussion was held regarding this. V/M Bender said in October, he had objected to the 25% fee/contingency option and MAS was willing to reduce this to 20%. He said he had suggested that FP&L be the first audit based upon the largest amount of money possibly recoverable in the form of franchise fees. He said he had rated the cable company #2, the waste haulers #3 and Southern Bell as #4, which was predicated on an escalating scale of revenues coming into the City. Mayor Abramowitz said he would prefer giving them 50% of the recoverable money and not pay anything prior to the audit. Further discussion was held regarding the franchises. 1.1 City Council Regular Meeting 12/11/91/KJ Page 15 V/M Bender wished everyone a happy and healthy new year. C/M Katz asked if Council authorized the City Manager to negotiate with MAS. Mayor Abramowitz said Council has rejected the bids and City Manager Kelly is going to present to Council a determination from himself and Staff that one of the franchises mentioned seemed to be the priority. He said at the time the determination is made, City Manager Kelly will negotiate with MAS for this. Mayor Abramotz said Coal makes the final decision which will }1.e8t fQr t C1, tyi. Mayor Abramowitz s i aria r lane was forced to land on the Sabal Y P Palm Golf Course today and it was a safe landing. He wished everyone a happy holiday season. City Manager Kelly requested that Council address the ambulance issue soon and there is concern about the perception of the community regarding this. He said the Tam -A -Gram is going to print next week if Council wants a draft prepared as to what Council is considering regarding the ambulance issue. Mayor Abramowitz said Council needs to hold a discussion regarding this. He said the most important issue is to remove the fears of anyone in the City that the ambulance program has changed. Mayor Abramowitz said the next Regular Council meeting will be held on January 8, 1992, due to the holiday season. City Manager Kelly said the six month probationary period for the members of the Public Services Department is up. He said he is meeting with Mr. Couzzo to review these employees under this probationary period and he will provide a written report to Council of the results and accomplishments. He recommended a meeting be held to discuss these results. City Manager Kelly said there have been two meetings held to discuss proposals of the recycling issue to provide single-family and multi -family services. He said the Committee will be providing their recommendations to Council. He said a joint meeting of all municipalities will be held on January 2,,1992 and he recommended a workshop be held prior to this meeting for clarification of these recommendations. City Manager Kelly said the City received a proposal to go out for bid on refinancing of some of the Ci.ty's bonds. He said the City received an offer suggesting that they could save the City approximately $128,000. He said a solicitation for bids has been prepared and he requested Council consider refunding $12,700,000 issue of water and sewer utility revenue bonds, series 1986, and the $5,520,000 general obligation bond, series 1986. He said he will provide this proposal to Council. Further discussion was held regarding this. Mayor Abramowitz requested that the Investment Advisory Board be permitted to review this to provide their knowledge and input in this matter and City Manager Kelly agreed. City Council Regular Meeting 12/11/91/KJ Page 16 City Manager Kelly said Mr. Couzzo has been directed to remove everything from the old City Hall building to allow the Jehovah's Witnesses to continue with their project. City Manager Kelly wished everyone a happy holiday season. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:00 a.m. —M A AAwmft�& 14111100 NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $190.37 or $4.23 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." APr'ROVED AT MEETING OF J City Clerk �I 1