HomeMy WebLinkAbout1990-01-10 - City Commission Regular Meeting MinutesI
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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
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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
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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
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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
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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
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*
*
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
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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
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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
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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
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* 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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