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HomeMy WebLinkAbout1990-01-10 - City Commission Regular Meeting MinutesI 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 10, 1990 CALL TO ORDER Mayor Abramowitz called this meeting to Order on Wednesday, January 10, 1990 at 7 00 P M in the Council Chambers MEDITATION AND PLEDGE OF ALLEGIANCE Mayor Abramowitz called for the Pledge of Allegiance followers by a Moment of Silent Meditation dedicated to Beatrice Feldman, wife of Zeke Feldman, Charter Board Chairman PRESENT ABSENT AND EXCUSED ALSO PRESENT Mayor Norman Abramowitz Vice Mayor Dr H Larry Bender Councilman Bruce Hoffman Councilman Jack Stelzer Councilman Henry Rohr John P Kelly, City Manager Richard Doody, City Attorney Carol A Evans, City Clerk Pauline Walaszek, Special Services Secretary CONSENT AGENDA - ITEM 1 a through 1 Utilities/Englneerinq 1 e MOTION TO ADOPT Temp Reso #5652 releasing a warranty bond in the amount of $99,985 00 posted for public improvements at the HIDDEN HARBOUR project SYNO, _ S OF ACTION REMOVED for separate consideration (SEE PAGE 3 for Final Action) * V/M Bender MOVED to REMOVE Item 1 e , SECONDED by C/M Hoffman L*03to City Clerk ALL VOTED AYE 1 a MOTION TO APPROVE the minutes of the following City Coun611meet1ng5 1 11/16/89 - Special Meeting 2 11/22/89 - Regular Meeting 3 11/29/89 - Special Meeting 4 12/04/89 - Special Meeting 5 12/06/89 - Regular Meeting 6 12/21/89 - Regular Meeting SYNOPSIS OF ACTION APPROVED 1-A-1 through 1-A-6 Page 1 1/10/90-pw Engineering/Utilities b MOTION TO ADOPT Temp Reso #5647 accepting a Tamarac Utilities West Water and Sewer Utility Easement (off site) for CLASSIC COMMERCIAL VILLAS SYNOPSIS OF ACTION RESOLUTION NO R-90-1 - PASSED APPROVED c MOTION TO ADOPT Temp Reso #5648 accepting a drainage easeme n for -the —NW 64 Avenue (north portion) project SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-2 - PASSED d MOTION TO ADOPT Temp Reso #5649 authorizing the appropriate City officials to execute a contract with the Florida Department of Health and Rehabilitative Services to accept federal funding in the amount of $4,294 00 from the Florida Fluoridation Grant administered by the State Department of Health and Rehabilitative Services SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-3 - PASSED e MOTION TO ADOPT Temp Reso #5652 releasing a warranty bond in the amount of $99,985 00 posed for public improvements at the HIDDEN HARBOUR project SYNOPSIS OF ACTION REMOVED o r separate consideration on Page 1 (SEE PAGE 3 for Final Action) f MOTION TO ADOPT Tema Reso #5650 releasing a cash warranty bond in the amount of $1,285`00 posted for public improve- ments at the STARR CENTRE project SYNOPSIS OF ACTION RESOLUTION NO R-90-4 - PASSED T APPROVED g MOTION TO ADOPT Temp Reso #5651 releasing a cash warranty bond insh-e- amount of $1,435 63 posted for public improve- ments at the TACO BELL project SYNOPSIS OF ACTION RESOLUTION NO R-90-5 - PASSED APPROVED h 1 MOTION TO ADOPT Temp Reso #5654 accepting a Tamarac Uti-11ities West Blanket Water and Sewer Utility Easement for the WOODLAND COVE project 2 MOTION TO ADOPT Temp Reso #5659 approving a Partial SuborAination of Encumbrance to Property Rights for the WOODLAND COVE project 3 MOTION TO ADOPT Tem_p Reso #5660 accepting a B1 of sale for the water distribution and sewage collection system improvements for the WOODLAND COVE project (located on the west side of Woodlands Boulevard between Commercial Boulevard and Bailey Road) SYNOPSIS OF ACTIONRESOLUTION NO R-90-6 - PASSED APPROVED 1, 2 and 3 RESOLUTION NO R-90-7 - PASSED RESOLUTION NO R-90-8 - PASSED Page 2 1/10/90-pw 1 MOTION TO ADOPT Temp Reso #5661 approving an agreement with Nagle Pumps, Inc , for tie sole source purchase of one (1) Nagle Slurry Pump for the Water Treatment Plant in the amount of $4,990 00 pursuant to Sections 6-150 and 6-151(3) of the City Code SYNOPSIS OF ACTION RESOLUTION NO R-90-9 - PASSED APPROVED u MOTION TO APPROVE final payment in the amount of $3,842 84 to KAM Machine SFiop for the emergency repair to the 8 MGD Accelator in March, 1989, pursuant to Section 6-151(1) (a) of the City Code SYNOPSIS OF ACTION APPROVED k MOTION TO APPROVE Change Order #1 to the contract with Morton Pump and Drilling, Inc , in the amount of $3,328 00 to provide the necessary raw water well components for TUW project 88-46A, Expansion of Raw Water Wells #2 through #9, this change order increases the contract price from $21,600 00 to $24,928 00 SYNOPSIS OF ACTION APPROVED 1 MOTION TO APPROVE refund of $10,383 63 received by calling Leger of Credit #N4872 from Norstar Bank for the public improvements at 84TH TERRACE SHOPPE S project, no funds were expended by the City as the developer corrected the deficiencies in the public improvements SYNOPSIS OF ACTION APPROVED * V/M Bender MOVED to APPROVE Consent Agenda, Item 1 a * through 1 , except for 1 e , SECONDED by C/M Hoffman VOTE ALL VOTED AYE Utilities/Engineering 1 e MOTION TO ADOPT Temp Reso #5652 releasing a warranty bond in tie amount of �99,985 00 posted for public improvements at the HIDDEN HARBOUR project SYNOPSIS OF ACTION REMOVED for separate consideration on Page 1 TABLED because fees are in arrears City Attorney Doody read Tem_p Reso #5652 by title * C/M Hoffman MOVED to TABLE Tema Reso #5652 because fees * are in arrears, SECONDED by V/M Bender VOTE ALL VOTED AYE Page 3 1/10/90-pw RESOLUTIONS Community Development 9 MOTION TO ADOPT Temp Reso #5595 approving a site plan and associated 'documents for WOODALE (tabled on 12/06/89) (to be located south of NW 78 Street and east of NW 80 Avenue) SYNOPSIS OF ACTION TABLED because fees were not paid * V/M Bender MOVED to TABLE Temp Reso #5595, because fees * were not paid, SECONDED by C/M Hoffman VOTE ALL VOTED AYE 10 MOTION TO ADOPT Temp Reso #5658 approving a request by the Tamarac Chamber of Commerce to hold its 7th Annual Spring Street Fair on Sunday, April 22, 1990, from 9 00 a m to dusk, on NW 57 Street from University Drive to NW 81 Avenue SYNOPSIS OF ACTION TABLED as a representative from the Chamber was not present City Manager Kelly said the President of the Chamber of Commerce has become a father and could not attend the meeting therefore, it was requested that this Item be Tabled * C/M Hoffman MOVED to TABLE Temp_ Reso_ #5658, SECONDED by * V/M Bender VOTE ALL VOTED AYE CONSIDERATIONS Community Development 2 MOTION TO APPROVE a model sales facility for GREENVI EW APARTMENTS for a six-month period from 1/10/90 to 7/10/90 SYNOPSIS OF ACTION TABLED for further research (SEE PAGE 20 for Final Action) * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Horfman Kelly Carpenter --Craft, Director of Community Development, said this application was for a temporary model sales and administrative use request for the Greenview Apartmentis to be located in Building 9, Building Permit #881-530 She indicated the location on a site plan exhibited for the public She said the parcel was designated medium -density residential on the Land Use Plan and was zoned R-3 (Low Density Multiple) consisting of 128 units She said the surrounding land uses were North R-3 (Low Density Multiple) South R-3 (Low Density Multiple) East R--3U (Row House) West R-lC (One Family Dwelling) Mrs Carpenter -Craft said a site plan reflecting the 16 required model parking spaces was submitted with a landscape plan in accordance with Chapter 24-613 of the Page 4 1 11 1 1/10/90-pw City Code She recommended approval of this request and noted the applicant pulled building permits to complete the project She said the applicant was requesting inspections as the project proceeded and a Certificate of Occupancy would be requested by the applicant within 3 to 5 weeks Mrs Carpenter -Craft said there were landscape improvements being proposed by the applicant on the north side of the project along the canal to buffer the parking areas from the project to the north Mayor Abramowitz asked if the procedures for the project were mandatory and Mrs Carpenter -Craft said it was the City's desire to have the project completed to avoid an eyesore She said the applicant needed the model sales facility in order to complete and rent the projects C/M Hoffman said the plan originally indicated a minimum of landscaping and he asked if there were improvements made Mrs Carpenter -Craft said the applicant submitted improvements for the north side of the property line She said a fence would be erected along the parking lot areas with landscaping on both sides of the fence She said the buildings in the back along the canal would also be landscaped She said staff was not in a position to require the applicant to landscape above the minimum requirements which were approved on the original site plan C/M Hoffman said the City may not be able to require additional things, however, the City Council was not required to grant any additional permitting Mrs Carpenter -Craft said there was a Section in the Code that stated the criteria under which the model sales permit was allowed City Attorney Doody said he has been reviewing the City Code since it was updated and has not had the opportunity to review this Section He suggested that the City Council delay this Item until later in the meeting so he could review the Code City Attorney Doody said there was criteria in the Code which the applicants had to meet to receive a model sales permit He said if the applicant met the criteria, there should be no discretion with the City Council He said he assumed the Item was before the City Council because the applicant met the criteria in the Code C/M Hoffman said as long as he had the ability to vote "aye" or "nay" on this Item, there was discretion He asked why the Item was brought before the City Council for a vote if they could not vote against the Item City Attorney Doody said the City Council was to vote on whether or not the applicant met the criteria He said if the criteria was met, it would be a discretion to vote against the Item Mayor Abramowitz said he was informed that the City Council could not deny the permit because the applicant met all of the criteria of the City Code Page 5 1/10/90-pw * * VOTE City Attorney Doody suggested that the City Council delay this Item until later in the meeting until he had the opportunity to review the Section in the Code which pertained to this matter C/M Hoffman said he would like this Item Tabled until the matter could be reviewed further C/M Hoffman MOVED to TABLE this Item City Attorney Doody disagreed with this Motion because the applicant met the criteria Mayor Abramowitz suggested that the City Attorney be allowed to find the Section in the Code that pertained to this matter and inform the City Council later in the meeting of that criteria C/M Hoffman WITHDREW his Motion to Table C/M Hoffman MOVED to DELAY this Item until later in the meeting, SECONDED by V/M Bender ALL VOTED AYE 3 MOTION TO APPROVE transfer of $600 00 from Contingency Account 001-872-588-975 to Community Development Special Supplies Account 001-142-515-306 to provide for payment of the Land Use Plan map amendments SYNOPSIS OF ACTION APPROVED v * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman Kelly Carpenter -Craft, Director of Community Development, said the City applied to Broward County to amend the Broward County Land Use Plan on November 1, 1989 and the Community Development Department did not budget $600 00 for the amendment because it was not anticipated during the budget process She said this was a request to transfer $600 00 from the Contingency Account to the Community Development Special Supplies Account to pay the fees VOTE Engineering/Utilities ALL VOTED AYE 4 a MOTION TO ACCEPT Final Release of Lien as prepared by Utilities Services, Inc , for TUW Project 87-18A, Sewage Pump Station #38 b MOTION TO APPROVE final payment in the amount of $.),208 00 to Utilities Services, Inc , for TUW Project 87-18Ar Sewage Pump Station #38 SYNOPSIS_ OF ACTION a ACCEPTED b APPROVED * a C/M Hoffman MOVED to ACCEPT Item 4 a , SECONDED by V/M Bender Bob Foy, Director of Utilities/Engineering, said this request was for a Release of Lien, which the Casty 11 1 Page 6 1/10/90-pw required from the contractor to assure the City that there were no outstanding liens prior to submitting the final payment to the contractor He recommended approval of this Item VOTE ALL VOTED AYE * b C/M Hoffman MOVED to APPROVE Item 4 b , SECONDED by V/M Bender Mr Foy said this request was for a final payment to the contractor for Sewage Pump Station #38, TUW Project #87--18A He said this was part of a contract in the amount of $122,000 00 and the contract was complete, satisfactory and in operation He said the contractor was entitled to be paid and he recommended approval of the final payment VOTE ALL VOTED AYE 5 a MOTION TO ACCEPT_ Final Release of Lien as prepared by Utiiiities Services, Inc , for TUW Project 87-13, Sewage Pump Stations 3E and 4E b MOTION TO APPROVE final payment in the amount of $12,298 00 to Utilities Services, Inc , for TUW Project 87-13, Sewage Pump Stations 3E and 4E SYNOPSIS_ OF ACTION a ACCEPTED b APPROVED * a V/M Bender MOVED to ACCEPT Item 5 a , SECONDED by C/M Hoffman Bob Foy, Director of Utilities/Engineering, said this request was for a Release of Lien for TUW Project #87-13, Sewage Pump Stations 3E and 4E He said the Release of Lien was required to assure the City that all payments were made to the contractor's debtors for the project He recommended approval VOTE ALL VOTED AYE * b C/M Hoffman MOVED to APPROVE Item 5 b , SECONDED by V/M Bender Mr Foy said the work was completed satisfactorily by the contractor and were in operation He said the final payment was $12,298 00 and the total payment for the contract was $52,000 00 He recommended approval VOTE ALL VOTED AYE 6 MOTION TO AUTHORIZE the Finance Department to transfer �115,0d0 00 from TUW Contingency Account 425-371--586-588 into an account to be established by the Finance Department to fund the installation of a liner to stop infiltration of a gravity sanitary sewer system at Pump Station #2A SYNOPSIS OF ACTION APPROVED * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman Bob Foy, Director of Utilities/Engineering, said this Item was to authorize funds to an account for an anticipated future project He said it was discovered that there was a tremendous leak in the gravity station Pag e 7 1/10/90--pw VOTE ahead of Lift Station #2A He said the water went to the Broward County 201 System and the leak would cost approximately $1 20,000 00 per year He said the problem had to be corrected and an account for the project had to be available before the Item was placed to Bid ALL VOTED AYE 7 MOTION TO APPROVE the purchase of one (1) full size one half (1�'2) ton pickup truck from Dimmit Chevrolet, Inc , in the amount of $11,169 95, under Florida State Contract Purchasing Authority Contract #070-001--90-1 for the Utility Department SYNOPSIS OF ACTION APPROVED * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman Bob Foy, Director of Utilities/Engineering, said the truck being requested would replace an old Police Car that the water plant was using for the last 5 years He said the existing vehicle had over 110 thousand miles and most of the miles were placed on the vehicle by the Police Department He said there was a vehicle needed and funds were available in the budget He said the truck would be purchased under the State Contract which would eliminate the need for bidding He recommended approval of the purchase Mayor Abramowitz said he hoped the Utilities/Engineering Department was saving a lot of money by going with the State Contract because it took approximately 160 days to receive items purchased under the State Contract Mr Foy said he did not know if money was being saved, however, there were not extra funds being spent for the vehicle City Manager Kelly said the State Contract was an advantage to the City and Mayor Abramowitz said he knew that funds were saved by the State Contract C/M Hoffman asked Mr Foy how much would be saved by purchasing the vehicle through the State Contract and Mr Foy said he did not know, however, he was informed that there would be a savings by purchasing the vehicle through the State Contract Mr Foy said he was not aware that it would take 160 days to receive the vehicle Mayor Abramowitz said he discussed the State Contract with the Public Works Department because clearing equipment for the Department was purchased under the State Contract He said he was informed that it would take approximately 160 days to receive the equipment Mr Foy said he hoped that this time frame was for a piece of equipment as opposed to vehicles C/M Stelzer suggested that the Insurance Department eliminate car 431 from the insurance coverage He said a letter indicated that 431 was a Datsun pickup Mr Foy said vehicle 431 would be replaced in the future however, this Item pertained to vehicle 443, 1981 Chrysler LeBaron Page 8 1/10/90-pw C/M Stelzer suggested that the backup be changed to reflect this information and Mr Foy agreed C/M Stelzer asked the Insurance Department to eliminate car 443 from the insurance coverage VOTE ALL VOTED AYE ORDINANCES PUBLIC HEARING - 7 30 P M Community Development 14 PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1459 on second reacting to vacate a 56-root ingressregress easement along NW 73 Manor within WOODMONT TRACT 74 for the WOODALE project (tabled on 12/06/89) SYNOPSIS OF ACTION T JTABLED because fees have not been paid City Attorney Doody read Temp Ord #1459 by title Kelly Carpenter -Craft, Director of Community Development, said staff requested this Item be deferred indefinitely She said the applicant has not paid the necessary fees and the application was approved by the Planning Commission on October 18, 1989 She said the applicant had approximately 90 days to seek approval from the City Council before the site plan and easement were null and void * C/M Hoffman MOVED to TABLE Tem_p Ord #1459, SECONDED by * V/M Bender -� VOTE ALL VOTED AYE 15 a MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting -Tor Temp Ord #1470 Petition #41-Z-89 b PUBLIC HEARING - MOTION TO ADOPT Temp_ Ord #1470 on first reading concerning a request by SABAL PALMS, LTD to rezone lands at the northeast corner of Commercial Boulevard and Rock Island Road from R-4A (Planned Apartments) to B-1 (Neighborhood Business) utilizing the 5% flexibility rule for commercial development in a residential land use area not to exceed 10 acres Petition #41-Z-89 SYNOPSIS OF ACTION TABLED untif the February 28, 1990 City Council meeting at 10 00 A M as requested by the Petitioner Kelly Carpenter -Craft, Director of Community Development, asked that this Item be Tabled until February 28, 1990 at 10 00 A M C/M Hoffman asked if Item 15 a , should be accepted and City Attorney Doody suggested that the Item be accepted on February 28, 1990 Mrs Carpenter -Craft, said the applicant requested that this Item be Tabled until February 28, 1990 at which time the Affidavits could be accepted Page 9 1/10/90-pw * a C/M Hoffman MOVED to TABLE 15 a , until February 28, 1990 * at 10 00 A M , SECONDED by V/M Bender VOTE ALL VOTED AYE City Attorney Doody read Temp Ord f1470 by title Mrs Carpenter -Craft said the applicant requested this Item be Tabled to February 28, 1990 at 10 00 A M She said the letter request was submitted to the City Council in their packets and she recommended the Tabling of this Item * b C/M Hoffman MOVED to TABLE Tema, Ord #1470 until February * 28, 1990 at 10 00 A M , SECONDED by V/M Sender VOTE ALL VOTED AYE General Administrative 8 a MOTION TO APPROVE Change Order #1 to the contract with Network Security for a credit to the contract in the amount of $3,536 00 for the Tamarac Municipal Complex/Police Facility security system this change order decreases the contract for the security system from $83,150 00 to $79,614 00 b MOTION TO APPROVE the transfer of funds in the amount o'f_3,536 00 Hom Network Security's original contract to unencumbered funds due to a credit change order for the Tamarac Municipal Complex/Police Facility security system c MOTION TO APPROVE final payment, including retainage, in the amount of $12,159 00 to Network Security for the Tamarac Municipal Complex/Police Facility security system SYNOPSIS OF ACTION APPROVED a , b and c * a V/M Bender MOVED to APPROVE Item 8 a , SECONDED by C/M Hoffman City Manager Kelly said the decrease in the Change Order was created because Broward Sheriff's Office reviewed the security requirements and determined that interview monitoring equipment was not needed He recommended approval of this Change Order VOTE ALL VOTED AYE * b C/M Hoffman MOVED to APPROVE Item 8 b , SECONDED by V/M Bender City Manager Kelly said the funds from the Change Order had to be transferred to an unexpended account He recommended approval of this transfer C/M Hoffman asked if the funds were placed into the bond monies and City Manager Kelly replied, yes VOTE ALL VOTED AYE * c V/M Bender MOVED to APPROVE Item 8 c , SECONDED by C/M Hoffman City Manager Kelly said this request was for a final payment to Network Security for security system for the Municipal Complex/Police Facility He said the equipment was inspected and he recommended approval Page 10 1/10/90-pw VOTE Engineering/Utilities 11 MOTION TO ADOPT Temp Reso #5655 ABS Pumps, Inc , for tie purase in the amount of $7,373 00 ALL VOTED AYE awarding Bid #89-55 to of two (2) raw sewage pumps SYNOPSIS OF ACTION RESOLUTION NO R-90-10 - PASSED APPROVED^ - City Attorney Doody read Temp Reso #5655 by title V/M Bender MOVED to APPROVE Temp Reso_ #5655, SECONDED by * C/M Hoffman Bob Foy, Director of Utilities/Engineering, said this request was for part of the rehabilitation for the Lift Stations He said the project was budgeted, however, the Utilities/Engineering Department would be doing part of the work and approximately $50,000 00 would be saved He said there was minor work needed for the rehabilitation, such as the control panel He said the motors and pumps were sent to bid and ABS Pumps, Inc , was the most feasible bidder for this project He recommended approval of this bid VOTE ALL VOTED AYE 12 MOTION TO ADOPT Temp Reso #5656 awarding Bid #89-57 to Sou�easterri Municipal Supply -Company (SEMSCO) in the amount of $27,758 31 for TUW Project 89-39 and in the amount of $18,415 84 for TUE Project 89-14 for material for the 1989/ 90 Fire Hydrant Program, and AUTHORIZATION to transfer $2,800 00 from Veterans Park Water System Account 425-364-533- 6NM to TUW Fire Hydrant Program Account 425--364-533-672 to fully fund TUW Project 89-39 SYNOPSIS OF ACTION RESOLUTION NO R-90-11 - PASSED APPROVED City Attorney Doody read Temp Reso #5656 by title * V/M Bender MOVED to APPROVE Temp Reso_ #5656, SECONDED by * C/M Hoffman Bob Foy, Director of Utilities/Engineering, said this request was to add additional fire hydrants to the TUW and TUE systems He said there were approximately 18 hydrants being added to the TUW system and approximately 4 hydrants to the TUE system He said 2 hydrants would be placed in the Sunflower/Heathgate area, 3 in VanGuard Village, 2 in Mainlands 15, 1 in Westwood 2, 2 in Westwood 3, 1 in Mainlands 8, 1 in Woodlands, 2 in Mainlands 6, 2 in Mainlands 5, 1 in Mainlands 7 and 1 at the Turnpike entrance He said the other hydrants would be placed in the TUE area Mr Foy said the Item was reviewed by the Bid Specification Committee, sent to bid and he recommended that the lowest bidder, Southeastern Municipal Supply Company, (SEMSCO), be approved He said the labor would be done by the staff C/M Stelzer asked Mr Foy to review the information on the backup because VanGuard Village should be number 2 Page 11 1/10/90-pw VOTE ALL VOTED AYE Personnel/Insurance Department 13 MOTION TO ADOPT Temp Reso *5662 awarding a bid to North American Life Assurance Company for employee group life insurance at a rate of $ 31 per $1,000 00 of life insurance and for employee group accidental death and dismemberment insurance at a rate of $ 05 per $1,000 00 of accidental death and dismemberment insurance SYNOPSIS OF ACTION RESOLUTION NO R-90-12 - PASSED APPROVED City Attorney Doody read Temp_ Reso #5662 by title * V/M Bender MOVED to APPROVE Temp Reso #5662, SECONDED by * C/M Hoffman VOTE Peter Mack, Personnel Director, said the City went to bid for employee group insurance coverage He said the City provided this coverage to employees at no cost to the employees for approximately 4 years He said North American Life Assurance Company was the lowest bidder and the funds for this coverage were budgeted He recommended approval ORDINANCES Community Development ALL VOTED AYE 16 MOTION TO ADOPT Temp Ord #1469 on first reading to amend CEapter 20, Article III, Section 20-92 (b) of the City Code by revising the width of bikeways from eight (8) feet wide to seven (7) feet wide SYNOPSIS OF ACTION APPROVED on first reading City Attorney Doody read Temp Ord #1469 by title * V/M Bender MOVED to APPROVE Temp Ord #1469_ on first reacing, * SECONDED by C/M Hoffman Kelly Carpenter -Craft, Director of Community Development, said this amendment would change the specification of Section l(b) of the Ordinance from 8 feet wide for bikeways to 7 feet wide for bikeways TAPE 2 Mrs Carpenter -Craft said the Utilities/Engineering Department found that the 7 foot wide bikeway was sufficient for the amount of traffic in the City She said this action would reflect the previous conditions on Unversity Drive Mayor Abramowitz asked what the benefit was in doing this and Mrs Carpenter -Craft said there would be a reduct_on of 1 foot, which reduced the cost of the bikeway asphalt She said this amendment allowed the City to recognize what was already done She said the F-Dot standard was 7 feet and the City had 8 foot bikeways Page 12 1 I 1 1/10/90-pw Mayor Abramowitz asked if there was a safety factor involved and Mrs Carpenter -Craft said the safety would not be reduced in any way She said the portion of the bikeway would not be any closer to the ending of paverex C/M Hoffman asked how many bikeways the City had besides 57 Street and Mrs Carpenter -Craft said the only other designated bikeway was University Drive C/M Hoffman asked if this was a County road and Mrs Carpenter -Craft replied, yes, the bikeways were installed at 7 feet C/M Hoffman said he never saw the bikeways being utilized, therefore, he wondered if the bikeways were needed City Manager Kelly said this would provide one less foot of pavement in Broward County VOTE ALL VOTED AYE 17 MOTION TO ADOPT Temp Ord #1467 on first reading to providear tFie adoption of the Comprehensive Plan for the City of Tamarac SYNOPSIS OF ACTION APPROVED on first reading City Attorney Doody read Temp Ord #1467 by title * V/M Bender MOVED to APPROVE Tema Ord #1467 on first reading, * SECONDED by C/M Hoffman Kelly Carpenter -Craft, Director of Community Development, said this was the first reading on the Ordinance for adoption of the Comprehensive Plan She said the Plan was prepared pursuant to Chapter 163 of the Florida Statutues, transmitted by the Planning Commission on September 21, 1989 to the City Council and the City Council transmitted the Plan to the Florida Department of Community Affairs on October 11, 1989 She said the City Council and Planning Commission held Workshop meetings on the Comprehensive Plan to discuss the concurrency and level of service standards of the Plan Mrs Carpenter -Craft said the major changes were made to the Plan prior to the Public Hearings held in September and October, 1989, to respond to the Florida Department of Community Affairs Order of Review and Comment, which was received in March, 1989 She said since the transmittal hearing on October 11, 1989, staff made the changes of substance to the documents based on the Workshops with the City Council Mrs Carpenter -Craft said in response to comments of the Florida Department of Community Affairs, the capital improvement element was changed on the concurrency requirements and list of capital improvements, Page VII-06 She said the infrastructure needed to support development had to be in place during the time the impact of the development warranted the improvements Mrs Carpenter -Craft said the concurreny requirements were proposed to be put in place at site plan as opposed to building permit She said the park level of service standards were discussed by alternatives She said the level of service standards were recommended to provide Page 13 1/10/90-pw 1 3 acres per thousand of public park and open space lands and 3 5 acres per thousand of private park and ooen space land, which could include facilities with up to 15% of the private land requirement being satisfied by private golf course land She said the standards recognized the existing conditions in the City, which provided 1 3 acres per thousand of public open space and, on average, exclusive of golf courses, 3 5 acres per thousand of private open space was already provided by developers She said this amendment would cause a change in the park impact fees Mrs Carpenter -Craft said all of the maps required by Chapter 163 and the Florida Administrative Code, Chapter 9J5, were available for public review She said the City Council backup provided the important legislative maps such as, land use, traffic circulation, existing land use and they were in the process of receiving title blocks, etc She said the maps were available for public viewing Mrs Carpenter -Craft said a Public Hearing would be scheduled for January 24, 1990 for action on the Comprehensive Plan She said the City applied on November 1, 1989 for a Land Use Plan Amendment to the Broward County Land Use Plan She said the County Plan included a larger site west of the Sawgrass Expressway and north of Commerical Boulevard for a utility site She said the City Plan provided a 5 acre site and the County Plan provided for a 29 acre site She said the City requested the County to amend its plan to reflect the 5 acre site as shown on the City Plan Mrs Carpenter -Craft said the City made the amendment and was aware that the two Plans were not in compliance with each other She said it would take approximately 6 months for the County to review the application Mrs Carpenter -Craft said there was a mapping error She said between 80th Avenue and University Drive, north of McNab Road, south of the University Community Hospital, there was a large portion of land designated "Community Facilities" She said a portion of the land was to be medium density residential and would be changed accordingly Robert Huebner, Attorney for Florida Power & Light, said Florida Power & Light owned a parcel of property in the City and was purchasing additonal land lying west of the Sawgrass Expressway, ad3acent to the conservation area, north of Commercial Boulevard, south of McNab Road He said the area was previously described by Mrs Carpenter -Craft as a utility site He said Florida Pcwer & Light had business in the City of Tamarac Attorney Huebner said he felt that the Tamarac Comprehensive Plan, Future Land Use Element, was inconsistant with the State, Regional and Broward County Land Use Plans He said Chapter 163 3171(2) stated that in the case of chartered Counties, the County may exercise such authority over municipalities or districts Page 14 1/10/90-pw Ell 1 1 VOTE within its boundaries as it is provided for in the Charter He said Section 9J5 002(2) further supported this County authority Attorney Huebner said pursuant to Section D of the Broward County Land Use Plan and Section 804 of the Broward County Charter, the County chose to exercise its authority over land use He said each local development entity was required to adopt a land use element that was consistant with the Broward County Land Use Plan He said the Plan stated that the arrangement of land uses on local Land Use Maps should bear a reasonable relationship to the arrangement of land uses under future Broward County Land Use Maps and permitted uses should be within the perimeters of permitted uses established by the Broward County Land Use Plan Attorney Huebner said the proposed designation of recreation for property owned by Florida Power & Light or under contract by Florida Power & Light, failed to comply with the requirements of the Broward County Land Use Plan and was inconsistent with the South Florida Regional Planning Council Plan He said the Plan was consistent if it was compatible with and furthered the goals of the Plan He said the term, "compatible with" meant that the Plan was not in conflict with the State Comprehensive Plan or the appropriate regional policy plan Attorney Huebner said based upon the fact that the Broward County Land Use Plan must prevail within the boundaries of the County, the present Tamarac Land Use Plan was not in compliance with the State Law He said the Tamarac Plan did not comply with the Regional Plan and he requested that the future land use element for the Tamarac Comprehensive Plan be changed to reflect the area owned by the Broward County Transportation Authority and the Florida Power & Light property be given the land use designation of utilities Attorney Huebner said he wanted the record to reflect that he was unable to obtain a copy of the Tamarac Comprehensive Plan as it appeared before the City Council until this evening He said the Plan was not available until this evening and he objected to being unable to obtain a copy of the Plan before this time OPEN PUBLIC FORUM 18 OPEN PUBLIC FORUM There were no speakers REPORTS 19 CITY COUNCIL REPORTS ALL VOTED AYE C/M Stelzer - reminded the residents that the water restrictions were being monitored by the Broward Sheriff's Office He said citations would be issued and were costly He said if the residents were aware that they may have a violation to the restrictions, they should file for a variance with the City's Building Department Mayor Abramowitz thanked C/M Stelzer for doing a good job of informing the President's Council of the restrictions Page 15 1/10/90-pw C/M Hoffman stated that this meeting would be the last Regular meeting that City Attorney Doody would be attending He said he did not always agree with City Attorney Doody, however, he found City Attorney Doody to be a great Attorney He wished City Attorney Doody the best of luck in the future V/M Bender said there was a recent blackout in the local Cities He said the City sent a letter to Governor Martinez about the matter and several suggestions were made He said the City informed the Governor that a State this size should not be in this type of condition Mayor Abramowitz said when City Attorney Doody married, he announced congratulations He said there were several people who did not believe City Attorney Doody was married because they never met his wife He introduced City Attorney Doody's wife, Kim Doody 20 CITY MANAGER REPORT City Manager Kelly said the City recently received a letter from Waste Management, Inc , concerning the conditions under which they would accept certain refuse at the landfill He said the letter referred to "White Goods", which stated that the Florida Legislative mandate required that a specific collection system be developed to insure that certain items remain intact during transportation and delivery to central disposal He said the special hauling service would be provided to the residents and businesses within the community based on the zone pattern for a specialized collection vehicle City Manager Kelly said the route would be established to meet the needs of all the communities being served He said Waste Management, Inc , would no longer be able to accept "White Goods", in the residential, rear load or commerical front load capacity equipment He said "White Goods", consisted of refrigerators, freezers and commerical size appliances and there would be a separate charge of $40 00 each He said ranges, water heaters, dishwashers, air conditioners and other similar domestic appliances would be accepted He said the resident or business that needed this type of pickup must call the disposal office for the pickup and payment in the form of a check or money order must be made prior to or at the time of pickup He said failure to conform with this procedure would result in Southern Sanitation's refusal of the item He said a note would be left on the item stating the new State law and the procedures in getting the item picked up City Manager Kelly said the recycling program would begin in the middle of February, 1990 City Manager Kelly said he was pleased to report that the City was successful in receiving grants last year He said on September 18, 1989, the Emergency Services Division in Broward County approved two grants for the City, one grant was in the amount of $11,873 00 for CPR equipment and dive rescue equipment in the amount of $34,750 00, which was a total amount of $46,623 00 Re said the grants would provide for air generated systems for the dive rescue equipment and fill Firefighter tanks as well as diving tanks He said the CPR equipment would provide equipment for practice training Page 16 1/10/90-pw City Manager Kelly said the City was not required to match these grants and he complimented Dina McDermott, Assistant to the City Manager, for lobbying for the grants He said the City was ranked 13 and 14 out of 23 qualified applicants He said 31 out of 38 Firefighters were certified dive rescue specialists and 3 certified CPR instructors were available and offered free classes to 10 or more residents at their facilities City Manager Kelly announced that the City Council would be holding a Special meeting tomorrow at 2 30 A M in Conference Room #1, concerning the bus shelter agreement with the existing vendor He said he would be asking for a formal approval for the City to be a training site for drug and alcohol problems for the youngsters in the City City Manager Kelly said City Attorney Doody has provided tremendous assistance in the past few years He said he respected City Attorney Doody for his work and opinions during his tenure with the City C/M Stelzer asked where Waste Management, Inc , has been dumping the "White Goods", in the past and City Manager Kelly replied, at the landfill C/M Stelzer asked where the "White Goods" would be dumped in the future City Manager Kelly said some of the "White Goods" contained chemicals and special vehicles would pick up the "White Goods" so they would remain intact until the harmful elements were removed C/M Stelzer had concerns with the residents and businesses being charged $40 00 for the refuse company picking up these items, cleaning them and placing them in the same landfill they were being placed in now City Manager Kelly said the State was mandating that the "White Goods" be distributed in other places rather than the landfill C/M Hoffman asked if this matter was reviewed in the contract with Waste Management, Inc , for the recycling program City Manager Kelly said the State mandated this matter and C/M Hoffman said this did not mean that the company had to charge the residents more He suggested that this matter be investigated and City Attorney Doody said he would review this matter with the City Manager 21 CITY ATTORNEY REPORT Cit-X Attorney Doody thanked the City for appointing him as the City Attorney He said he enjoyed working with the City Council and was amazed with how well the City Council took the advice he had to give He said Tamarac has been a great place to work because of the professional staff He thanked the City Council, staff, City Manager Kelly and Dina McDermott, Assistant to the City Manager City Attorney Doody said particularly, he wanted to thank someone whose name did not get mentioned often and the City should recognize how great the City Clerk was as well as the City Clerk's Office He said every time he needed assistance, the City Clerk's Office provided the Page 17 1/10/90-pw information immediately He thanked Carol Evans, City Clerk, for everything she did for him Carol Evans said it was her pleasure City Attorney Doody said if he had the chance in the future, he would hope that he could serve the City again Mayor Abramowitz said he has dealt with the legal profession the majority of his business life He said City Attorney Doody was one of the very few Attorneys that captured his respect and this was done when City Attorney Doody informed the City Council that he was not aware of a matter but would investigate it and report back to the City Council with the findings Mayor Abramowitz said he valued City Attorney Doody's legal opinion He said he would like City Attorney Deody to visit the City when he finished his education because he was good for the City He said the City has operated better with City Attorney Doody's actions He thanked City Attorney Doody for his tenure with the City City Manager Kelly said Monday, January 16, 1990, was a Federal Holiday and would be observed by several Cities in Broward County He said the City Hall would be open on this day, however, the employees had the option to take a personal day for this holiday He said the flag would be at half mast to observe this holiday Mayor Abramowitz said he received several comments from the media regarding the City's participation in Martin Luther Icing, Jr Day He said he was asked if there was a large black population in the City and he stated thGt this did not make a difference He said the respect for a leader of the Country should be honored Engineering/Utilities 22 MOTION TO ADOPT Temp Reso #5653 approving assignment of tfie HIDDEN HOLLOW Water and Sewer Developers Agreement from Cardinal Industries, Inc , Hidden Hollow Apartments, Ltd , and Hidden Hollow Apartments II, Ltd , TO Lennar Homes, Inc SYNOPSIS OF ACTION APPROVED RESOLUTION NO R--90-13 - PASSED City Attorney Doody read Temp Reso #5653 by title * V/M Bender MOVED to APPROVE Temp Reso #5653, SECONDED by * C/M Hoffman Bob Foy, Director of Utilities/Engineering, said this project was in a financial problem and Lennar Homes, Inc , was buying it He said there was an existing Water and Sewer Developers Agreement that went with the lane - He said the Agreement specified that if ownership was transferred, the City Council must approve the transfer of the Agreement He recommended approval of this Item Mayor Abramowitz said the property being referred to was the property owned by Cardinal Industries, Inc , which was being sold to Lennar Home, Inc He said Cardinal Industries, Inc , did not own any other property in the City VOTE ALL VOTED AYE 11 P-J Page 18 1/10/90--pw 1-1 Ll 23 MOTI_ON TO ADOPT Temp Reso #5657 awarding Bid #89-56 in the total amount -of $25,696 62 to Southeastern Municipal Supply Company for the purchase of materials for the following projects TUW Project #89-08 $ 9,693 00 58th Street 6-inch Force Main TUW Project #88-66 $ 4,023 95 Veterans Park 8-inch Water Line TUW Project #88-46 $11,969 47 Raw Water Line Replacement for Wells 2 through 9 SYNOPSIS OF ACTION RESOLUTION NO R-90-14 - PASSED APPROVED City Attorney Doody read Temp Reso #5657 by title * C/M Hoffman MOVED to APPROVE Temp Reso #5657, SECONDED by * V/M Bender Bob Foy, Director of Utilities/Engineering, said these projects were budgeted He said Project #88-08 was to replace the existing PVC pipe which broke several times He said Project #88-66 was to get water and fire protection at Veterans Park He said Project #88-46 was to provide additional transmission for the raw water as a result of the standing raw water wells He said the projects were approved by the Bid Specification Committee, advertised and sent to bid He recommended approval of the bid to the lowest bidder, Southeastern Municipal Supply Company VOTE General Administrative ALL VOTED AYE 24 MOTION TO APPROVE payment to George Tucker, Esq , in the amount of �4,000700 for attorney's fees incurred as part of an agreement between the City and the Federation of Public Employees (PPE) SYNOPSIS OF ACTION APPROVED * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Stelzer City Manager Kelly said during the approval for the increases for the employees, he informed the City Council that the PPE Union objected to the insurance package that the City could offer He said prior to the ratification of the existing proposal, there was a presentation made to the City employees concerning the available insurance package, however, one of the insurance carriers, CIGNA, indicated that they would not provide insurance coverage to the City unless they could become the exclusive carrier He said the City did not agree to this and CIGNA withdrew their proposal City Manager Kelly said, in effect, the City did not comply with the ratification and the Union accepted the increase, however, they filed a grievance against the City for an unfair labor practice because the City did not offer the Union employees the same package that was Page 19 1/10/90-pw VOTE agreed upon at the negotiating table He said the Union felt that the City should have came back to them regarding the change City Manager Kelly said this Item was to remit $4,000 CO for the Attorney Fees for the Union as opposed to taking the matter further in the Courts He recommended approval of this payment ALL VOTED AYE 25 MOTION TO APPOINT the law firm of Ruf & Carsky, P A , as Interim City Attorney until such time as the City Council appoints an in-house City Attorney SYNOPSIS OF ACTION APPROVED- * C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender TAPE 3 City Attorney Doody said the Charter provided that during the appointment of an in-house City Attorney, the City Council may appoint an Interim City Attorney who had outside clients He said the Law Firm of Ruf & Carsky handled this position in the past, has had a long histcry with the City and could fill the position appropriately until the City Attorney position was filled City Attorney Doody recommended that the Firm of Ruf & Carsky be appointed as the City's Interim City Attorney until the City had an in-house City Attorney Mayor Abramowitz said the City Council was appointing this firm, however, the costs would be negotiated at a meeting in the near future VOTE- ALL VOTED AYE CONSIDERATIONS Community Development 2 MOTION TO APPROVE a model sales facility for GREENVIEW APARTMENTS for a six-month period from 1/10/90 to 7/10/90 SYNOPSIS OF ACTION DELAYED for fur ther research on Page 4 TABLED Mayor Abramowitz said this Item was delayed until the criteria was found in the City Code City Attorney Doody said Section 24-613 of the Code consisted of approximately 2-1/2 pages of criteria He said the Code provided that the applicant had to submit an application for the use, determine that the project was a minimum of 10 dwelling units, provide a landscaping plan, indicate that the temporary use would be solely for futherence of the completion and sale of the project, provide an option to the City to acquire the temporary structure for any purpose for the sum of $10 00 and provide an irrevocable easement to go with the property Kelly Carpenter -Craft, Director of Community Development, said the applicant submitted a landscape plan as required and indicated the paved parking layout as well as the 1 Page 20 1/10/90--pw 1 1 traffic circulation on the site plan She said the applicant met all of the criteria requirements C/M Hoffman said with respect to the staff, he would like the opportunity to review the criteria item by item with staff before he could vote on this matter * C/M Hoffman MOVED to TABLE this Item, SECONDED by Mayor * Abramowitz Mayor Abramowitz said he was informed by staff that there was a plan submitted and approved by the City previously which required minimum landscaping C/M Hoffman said he wanted to be sure that the plan being presented met all of the specifications VOTE Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Stelzer - Nay Mayor Abramowitz asked the City Attorney to meet with C/M Hoffman and Mrs Carpenter -Craft regarding this matter He asked C/M Hoffman to report his findings to the City Council at the next meeting With no further business, meeting at 8 50 P M 9ZOLEVANS CITYCLERK Mayor Abramowitz ADJOURNED this I P4qkA_.1 _)1tU4Vt N AAN ABRAM ITZ, MAYOR "This public document was promulgated at a cost of $108 90 or $10 89 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 City Clerk Page 21