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HomeMy WebLinkAbout1990-02-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 14, 1990 CALL TO ORDER Mayor Abramowitz called this meeting to Order on Wednesday, February 14, 1990 at 7 00 P M in the Council Chambers MEDITATION AND PLEDGE OF ALLEGIANCE Mayor Abramowitz called for the Pledge of Allegiance foflowe by a Moment of Silent Meditation dedicated to a speedy recovery for Philip Kravitz, candidate for the Mayor position in the upcoming election, and the well-being of Faye Bender, Vice Mayor Bender's wife PRESENT ABSENT AND EXCUSED ALSO PRESENT Mayor Norman Abramowitz Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer Vice Mayor Dr H Larry Bender John P Kelly, City Manager Alan F Ruf, Interim City Attorney Carol A Evans, City Clerk Pauline Walaszek, Special Services Secretary CONSENT AGENDA - ITEM 1 a through o City Clerk 1 a MOTION TO APPROVE the minutes of the following City Council meetings 1 1/10/90 - Regular Meeting 2 1/11/90 - Special Meeting 3 1/15/90 - Special Meeting SYNOPSIS OF ACTION_ APPROVED 1, 2 and 3 b MOTION TO APPROVE renewal of a model sales facility and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SPRING LAKE II (WESTLAKE VILLAS) for a six-month period from 3/22/90 to 9/22/90 SYNOPSIS OF ACTION APPROVED c MOTION TO APPROVE renewal of a model sales permit for SPRING LAKE VILLAS (NORTHWOOD II) and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 3/13/90 to 9/13/90 SYNOPSIS OF ACTION_ V,APPROVED d MOTION TO APPROVE the attendance of Patricia Marcurio, City Clerks Office, at the 48th Annual Conference of the Florida Association of City Clerks on April 1-4, 1990, in Orlando, Florida Page 1 2/14/90-pw SYNOPSIS OF ACTION APPROVED Community Development e MOTION TO ADOPT Temp Reso #5682 transferring a spacial exception for on -premises consumption of beer and wine from Sondra Millman d/b/a Cosimano's Pizza and Pasta, to Antonio Favilla d/b/a Anthony's Pizza and Pasta, Irc , located at 7168 N University Drive SYNOPSIS OF ACTION APPROVED I RESOLUTION NO R-90-34 - PASSED f MOTION TO ADOPT Temp Reso #5688 releasing performance Letter 37 Credit #20679 in the amount of $14,325 00 posted to guarantee completion of landscaping, irrigation and a jogging path for the FAIRFAX NEIGHBORHOOD RECREATION FACILITY SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-35 - PASSED g MOTION TO ADOPT Temp Reso #5689 releasing a cash perkormance bona in the amount o $900 00 posted for land- scaping at the FAIRFAX II AND FAIRFAX III projects (Building G, Permit #89-1071) SYNOPSIS OF ACTION APPROVED Engineerin,q/Utilities RESOLUTION NO R--90-36 - PASSED h MOTION TO ADOPT Tema Reso #5686 releasing performance Letter oY Credit #522 in the amount of $5,462 91 posted for public improvements by ATLANTIC BANK (now known as FIRST UNION), 7201 West Mc Nab Road, subject to receipt of a one-year warranty bond in the amount of $1,365 73 SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-37 - PASSED i MOTION TO ADOPT Temp Reso #5697 authorizing the appro- priate City officials to execute a Release of Easement releasing an easement dated 8/8/72 and recorded on 9/12/72 in 0 R Book 4988, at Page 189 of the public records of'i Broward County, Florida, for the R K PLAT project ,SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-38 - PASSED j 1 MOTION TO APPROVE Change Order #1 to the contract with South -astern Municipal Supply Company (SEMSCO) modifying the material to be furnished for TUW Project 89-08, 58TH STREET 6-INCH FORCE MAIN, decreasing the contract by $1,164 00 from $9,693 20 to $8,529 20 Bid #89-56 2 MOTION TO APPROVE Change Order #1 to the contract with Southeastern Municipal Supply Company (SEMSCO) modifying the material to be furnished for TUW Frojject 88-66, VETERANS PARK 8-INCH WATER LINE, decreasing the contract by $390 00 from $4,023 95 to $3,633 95 (Hid #89-56) I CJ 1 Page 2 2/14/90-pw 1 3 MOTION TO APPROVE Change Order #1 to the contract with Southeastern Municipal Supply Company (SEMSCO) modifying the material to be furnished for TUW Project 88-46, RAW WATER LINE REPLACEMENT, decreasing the contract by $792 00 from $11,969 47 to $11,177 47 (Bid #89-56) SYNOPSIS OF ACTION APPROVED 1, 2 and 3 k 1 MOTION TO APPROVE Change Order #1 to the contract with Southeastern Municipal Supply Company (SEMSCO) modifying the material to be furnished for TUW Project 89-39, TUW FIRE HYDRANT PROGRAM, decreasing the contract by $104 76 from $27,758 31 to $27,653 55 (Bid #89--57) 2 MOTION_ TO APPROVE Change Order #1 to the contract with Southeastern Municipal Supply Company (SEMSCO) modifying the material to be furnished for TUE Project 89-14, TUE WATER DISTRIBUTION SYSTEM IMPROVEMENTS, decreasing the contract by $1,358 00 from $18,415 84 to $17,057 84 (Bid #89-57) SYNOPSIS OF ACTION APPROVED 1 and-2 Personnel 1 MOTION TO ADOPT Temp Reso #5701 approving a Settlement Agreement With Nancy Strickland SYNOPSIS OF ACTION RESOLUTION NO R-90-39 - PASSED APPROVED m 1 MOTION TO ADOPT Temp Reso #5702 releasing a cash burglar alarm bond in the amount of $150 00 posted by Dependable Security Systems, Inc 2 MOTION TO ADOPT Temp Reso #5703 releasing a cash burglar alarm bond in tK—e amount of $150 00 posted by DSI SYNOPSIS OF ACTION APPROVED 1 and 2 Public Works Department RESOLUTION NO R-90-40 - PASSED RESOLUTION NO R-90--41 - PASSED n MOTION TO ADOPT TT�em Reso #5685 releasing performance bond #831534 in tie amount of $6, 595 00 posted by Vitale Fireworks Display Co , Inc , for the City's 4th of July fireworks display SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-42 - PASSED o MOTION TO ADOPT Temp Reso #5687 releasing performance and maintenance bona #W00199 in the amount of $25,500 00 posted by L&R Paving, Inc , posted for the construction of three (3) turn lanes on NW 88 Avenue at Tamarac Municipal Complex SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-43 - PASSED Page 3 2/14/90-pw * C/M Hoffman MOVED to APPROVE Consent Agenda, Item 1 a * through o , SECONDED by C/M Rohr VOTE ALL VOTED AYE CONSIDERATIONS Engineering/Utilities 2 MOTION TO APPROVE the transfer of $70,000 00 from TUW CIAC Budgetary Retained Earnings Account #432-389-115 to Nob j Hill Road Force Main Account #432-367-535-6QH ($35,000 00) and to Nob Hill Road Pump Station Account #432-367-535-6QJ ($35,000 00) to provide funding for TUW Project 90-5, Hots Rill Road Force Main and Pump Station SYNOPSIS OF ACTION_ APPROVED * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman City Manager Kelly, said there was a project in the west for the Utilities and Public Works facility He said a Bond Issue was provided in the amount of $70,000 00 for the project and it was intended for CIAC monies to be used for the project He said the request was for the appropriate transfer from the CIAC funds to this project and he recommended approval VOTE ALL VOTED AYE General Administrative 3 MOTION TO APPROVE the transfer of $1,250 00 from General Contingency Account #001-872-588-975 to Special Services Account #001-419-534-306 to provide funding for the Joint Recycling Program Administration Interlocal Agreement Administra-ion Fee SYNOPSIS OF ACTION APPROVED �* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr VO "E City Manager Kelly said Tamarac agreed with the other Cities to allow two Cities to oversee the complete administration of the program He said the City of Coconut Creek was handling the leasing arrangements between the Cities and Waste Management, Inc , for the vehicles for the amount of $750 00 from each City He said the City of North Lauderdale was overseeing the administrative duties and grant coordination of the program for the Cities in the amount of $500 00 ALL VOTED AYE 4 a MOTION TO APPROVE Change Order #4 to the contract with Motorola Communications & Electronics, Inc , decreasing the L ontract by $1 , 27 5 00 due to the City' s return of 15 mobile radios that were not installed for the electronic commun cation system for the TA14ARAC MUNICIPAL COMPLEX/ POLICE FACILITY 1 I Page 4 2/14/90-pw b MOTION TO APPROVE final payment in the amount of $118,112 85 to Motorola Communications & Electronics, Inc , for installation of the electronic communication system for the TAMARAC MUNICIPAL COMPLEX/POLICE FACILITY SYNOPSIS OF ACTION APPROVED a anaub * a C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman City Manager Kelly said this pertained to radios that would not be used with present communication system He said the radios could not be auctioned for an appropriate amount therefore, Motorola Communications & Electronics, Inc , accepted the return of the radios He said the amount of the contract was being reduced by the amount of the radios and he recommended approval VOTE ALL VOTED AYE * b C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman City Manager Kelly said this was the final payment for the completion of the communication system which was needed for most of the Departments in the City He recommended approval of this Item VOTE Mayor Abramowitz asked if this system would assist the City in case of a catastrophic emergency and City Manager Kelly replied, yes, the training room in the Police Facility would be used as the headquarters in case of a catastrophic emergency ALL VOTED AYE 5 a MOTION TO ACCEPT all Final and Partial Waivers of Lien as su5mitted by Southern Atlantic Associates, Inc , for work performed on the TAMARAC MUNICIPAL COMPLEX/POLICE FACILITY b MOTION TO APPROVE final payment in the amount of $45,000 00 to Southern Atlantic Associates, Inc , for work performed on the TAMARAC MUNICIPAL COMPLEX/POLICE FACILITY SYNOPSIS OF ACTION APPROVED a and b * a C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman VOTE City Manager Kelly said this request was for a Final and Partial Waivers of Lien for the Tamarac Municipal Complex/Police Facility He said the project was complete and he recommended approval ALL VOTED AYE b C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman City Manager Kelly said this was a follow up to Item 5 a , and this was a final payment to the contractor for the project VOTE ALL VOTED AYE Page 5 2/14/90-pw RESOLUTIONS Building Department 6 a MOTION TO ADOPT Temp Reso #5699 approving a sign waver requesteec by -lendawaivere Federal to permit use of their unregistered logo on the west elevation of the building located at 7186 N University Drive b MOTION TO ADOPT Temp Reso #5694 approving a sign waiver requestea by G-lendale Federal to permit use of their unregistered logo on the south elevation of the building located at 7186 N University Drive SYNOPSIS OF ACTION RESOLUTION NO R-90--44 - PASSED APPROVED a and b RESOLUTION NO R--90-45 - PASSED Interim City Attorney Ruf read Temp Reso_ #5699 by title * C/M Rohr MOVED to APPROVE Temp Reso, #5699, SECONDED by * C/M Hoffman Dan Wood, Building official, said the signs in Item 5 a and b , were existing before the new Sign Ordinance He said a new sign criteria was filed by the shopping center and the applicant needed to add the word "Bank' to their signs He said upon review, the Building Department denied the applications because Glendale Federal was not a registered or copyrighted trademark Mr Wood said the letters were connected and did not meet the new criteria for the shopping center He said the letter styles were not in compliance because the previous Ordinance allowed for two types of lettering, however, the new Ordinance did not He said the new height criteria was 34 inches and the existing letter height was 36 inches for the south elevation He said everything applied for the west elevation as well C/M Hoffman asked if the color conformed with the criteria and Mr Wood replied, yes C/M Hoffman asked if the style of lettering was very different from the new criteria and Mr Wood said the letters were connected C/M Hoffman asked if the letters would be accepted if they were not connected and Mr Wood replied, yes C/M Hoffman said these signs became a problem because they were being required to add the word "Bank" and Mr Wood replied, yes, because it required a new application C/M Hoffman asked if the Glendale Federal was being required to add the word "Bank" to the signs by the regulatory agencies and Mr Wood replied, yes C/M Stelzer asked if the word "Bank" would have been accepted if placed on the sign before the new Ordinance and Mr Wood replied, yes, providing the letters were on two lines of copy Mayor Abramowitz said the Federal requiring Glendale Federal to put their signs and the City said that non-compliance to the Code Government was the word "Bank" on this would provide H Page 6 2/14/90--pw VOTE * b * VOTE C/M Hoffman said he was very involved with the new Sign Ordinance and he was opposed to granting waivers except under very special occasions He said he felt there would be no harm done by granting this waiver because the lettering was not very different from the criteria, the Federal Government was requiring the word "Bank" and the color of the sign conformed with the criteria of the shopping center ALL VOTED AYE C/M Hoffman MOVED to APPROVE Tem_p Reso #5694, SECONDED by C/M Rohr Engineering/Utilities ALL VOTED AYE 7 MOTION TO ADOPT Temp Reso #5690 awarding Bid #90-3 in the amount of $27,620 60 to Maroone Chevrolet, Inc , for the purchase of two (2) 3/4 ton pickup trucks for Utilities West SYNOPSIS OF ACTION_ RESOLUTION NO R-90--46 - PASSED APPROVED Interim City Attorney Ruf read Tema Reso #5690 by title * C/M Hoffman MOVED to APPROVE Temp Reso #5690, SECONDED by * C/M Rohr Bob Foy, Director of Utilities/Engineering, said this request was for two vehicles to replace two of the existing vehicles that could no longer be operated properly He said the bidding and Code requirements were complied with and the trucks being replaced were a 1983 Ford Ranger light duty truck and a 1981 Dodge with 51,000 miles He said the funds were available for the purchase and he recommended approval Mayor Abramowitz asked if the trucks were needed and Mr Foy replied, yes Mayor Abramowitz asked what would be done with the old trucks and Mr Foy said the trucks would be ]unked He said the old trucks could be auctioned however, the trucks were not good VOTE General Administrative ALL VOTED AYE 8 MOTION TO ADOPT Temp Reso #5704 approving the Third AddenAum to the 979/87 agreement with Construction Management Services, Inc , due to a Scrivener's error within the Task schedule in the amount of $1,000 00 for the Tamarac Public Service Administration Complex SYNOPSIS OF ACTION_ APPROVED RESOLUTION NO R-90--47 - PASSED Interim City Attorney Ruf read Temp Reso #5704 by title * C/M Rohr MOVED to APPROVE Temp Reso * C/M Hoffman #5704, SECONDED by Page 7 2/14/90--pw City Manager Kelly said during a recent Workshop meeting, the City Council approved an agreement with Construction Management, Inc , for the Tamarac Public Service Administration Complex in the amount of $24,040 00, however, the correct amount was $23,040 00 VOTE Personnel Department ALL VOTED AYE 9 MOTION TO ADOPT Temp Reso #5698 recognizing Metro- Broward Professional Fire Fighters, Local 3080, IAFF, asIthe exclusive bargaining representative of the City's fire inspectors SYNOPSIS OF ACTION APPROVED RESOLUTION NO R-90-48 - PASSED Interim City Attorney Ruf read Temp Reso #5698 by titlI * C/M Hoffman MOVED to APPROVE Temp Reso #5698, SECONDED by * C/M Rohr VOTE Peter Mack, Personnel Director, said this request was to allow the International Association of Firefighters to represent the fire inspectors He recommended approval of this request C/M Hoffman asked who was presently representing the fire inspectors and Mr Mack said the fire inspectors were not, represented by a Union at this time ALL VOTED AYE 10 MOTION TO ADOPT Temp Reso #5692 rescinding Resolution R-89-288 whrcFilapproved Articles ll and 13 of the collective bargaining agreement with the Federation of Public Employees (FPE) and approving a new Article 11 entitled "Wages" SYNOPSIS OF ACTION RESOLUTION NO R-90-49 - PASSED APPROVED Interim City Attorney Ruf read Temp, Reso #5692 by title) * C/M Rohr MOVED to APPROVE Temp Reso #5692, SECONDED by * C/M Hoffman City Manager Kelly said Articles 11, Wages, and 13, Insurance were being amended in the collective bargaining agreement with the Federation of Public Employees (FPEi He said Article 11 7 referred to a re -opener and the Union felt that this was not needed and should be eliminated He said Article 13 was being eliminated because the Union wanted to retain their own insurance He recommended approval of these amendments C/M Hoffman asked if there would be a re -opener and City Manager Kelly replied, yes VOTE ALL VOTED AYE At 7 29 P M , Mayor Abramowitz RECESSED this meeting and RECONVENED at 7 35 P M with ALL PRESENT F1 1 1 Page 8 2/14/90-pw PUBLIC HEARING - 7 30 P M Communit_X Development 14 PUBLIC HEARING - MOTION TO ADOPT Temp Reso #5695 concerning a request by JEFFREY M ROSENBERG for limited parking waiver, in accordance with Section 24-584 of the Code, to allow five (5) zero degree parking spaces for a proposed shopping plaza (POINT PLAZA) planned at the northeast corner of Nob Hill Road and Westwood Drive, which is zoned B-1 (Neighborhood Business) Petition #2-Z-90 SYNOPSIS OF ACTION TABLED to the February 28, 1990 City Council meeting at 10 00 A M Kelly Carpenter -Craft, Director of Community Development, requested that this Item be Tabled until the February 28, 1990 City Council meeting at 10 00 A M * C/M Hoffman MOVED to TABLE Temp Reso #5695 until the * February 28, 1990 City Council meeting at 10 00 A M , SECONDED * by C/M Rohr VOTE ALL VOTED AYE ORDINANCES Community Development 15 a MOTION TO ACCEPT Affidavits of Publication, Mailing and posting for Temp Ord #1475 Petition #45-Z-89 b PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1475 on first reading concerning a request by MADISON REALTY MANAGERS, INC , to rezone lands in the south one-half of Land Section 7, north of Commercial Boulevard between Nob Hill Road and the Sawgrass Expressway, from S-1 (Open Space/Recreation), M-2 (Medium Industrial), B-2 (Planned Business), R-3U (Row - houses) and R-3 (Garden Apartments) to B--3 (General Business) to conform to the City Land Use Plan, Broward County Land Use Plan and the Master Plan of Westpoint DRI Petition #45-Z-89 SYNOPSIS OF ACTION Public Hearing was held a) ACCEPTED Affidavits b) APPROVED on first reading * a C/M Rohr MOVED to APPROVE Affidavits of Publication, Mailing * and Posting for Temp Ord #1475, SECONDED by * C/M Hoffman VOTE ALL VOTED AYE Interim City Attorney Ruf read Temp Ord #1475 by title * b C/M Hoffman MOVED to APPROVE Temp Ord #1475 on first reading, * SECONDED by C/M Hoffman Kelly Carpenter -Craft, Director of Community Development, said the lands under consideration were indicated in pink in the City Council's backup She said the lands were currently zoned, S-1 (Open/Space Recreation), M-2 (Medium Page 9 2/14/90-pw VOTE Industrial), B-2 (Planned Business), R-3U (Rowhouses) and R-3 (Garden Apartments) She said the request was to rezone 42 95 acres to B-2 (General Business) and the request was in conformance with the City and County Land Use Plans and the approved Development Order for the Westpoint Development of Regional Impact (DRI) She said the surrounding properties were North Industrial South Industrial (Sunrise) East Low Med Density Residential A-5, Excavation West Industrial Mrs Carpenter -Craft said the Planning Commission recommended approval at their January 17, 1990 meeting and staff recommended approval She said the applicant was present to answer any questions Mayor Abramowitz Opened the Public Hearing Harry Jost, Resident, had concerns with the extra water usage needed to develop this area He said it was not appropriate to approve developments of this size whale there was a water shortage C/M Hoffman said of the lands were not rezoned, they would be developed as they are zoned at this time He said if the County and State did not approve the developments, they would not be built He said the lands were being rezoned to provide the best use of the lands Mayor Abramowitz Closed the Public Hearing with no further response ALL VOTED AYE 16 a MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting Tor Temp Ord_ #1476 Petition #46-Z-89 b PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1476 oa f4cst reading concerning a request by MADISON REALTY MANAGERS, INC ,' to rezone lands in the south one-half of Land Section 7, nDrth of Commercial Boulevard between Nob Hill Road and tie Sawgrass Expressway, from B-2 (Planned Business), R-3 (Garden Apartments), R-4A (Planned Apartments), R-2 (Duplexes) and R-3U (Rowhouses) to LI-1 (Light Industrial) to conform to the City Land Use Plan, Broward County Land Use Plan and the Master Plan of Westpoint DRI Petition #46-Z-89 SYNOPSIS OF ACTION Public Hearing was held a) ACCEPTED Affidavits b) APPROVED on first reading * a C/M Hoffman MOVED to ACCEPT Affidavits of Publication, Moiling * and Posting for Temp Ord #1476, SECONDED by * C/r4 Roh r -� VOTE ALL VOTED AYE Interim City Attorney Ruf read Temp Ord #1476 by title Page 10 2/14/90-pw * b C/M Hoffman MOVED to APPROVE Temp Ord #1476 on first reading, * SECONDED by C/M Rohr Kelly Carpenter -Craft, Director of Community Development, said the lands were indicated in blue in the City Council's backup She said the lands were currently zoned B--2 (Planned Business), R-3 (Garden Apartments), R-4A (Planned Apartments) , R-2 (Duplexes) and R-3 (Rowhouses) She said the request was to rezone the lands to LI-1 (Light Industrial) to conform with the City and Broward County Land Use Plans and the approved Development Order for the Westpoint Development of Regional Impact (DRI) Mrs Carpenter -Craft said the site was located in the south half of Land Section 7, north of Commercial Boulevard between Nob Hill Road and the Sawgrass Expressway She said the lands consisted of 118 27 acres, more or less and the surrounding Land Uses were as follows North Industrial South Industrial and Commercial East Low Med Density Residential West Industrial and Transportation Mrs Carpenter -Craft said the Planning Commission recommended approval at their January 17, 1990 meeting and staff recommended approval She said the Applicant was present to answer questions Mayor Abramowitz Opened the Public Hearing Herb Hayes, Resident, asked where the dividing line was on the property and Mrs Carpenter -Craft exhibited a drawing which indicated the dividing line Mayor Abramowitz Closed the Public Hearing with no further response VOTE ALL VOTED AYE 17 PUBLIC HEARING -- MOTION TO ADOPT TemV Ord #1471 on second reading relating to land development by providing a list of chapters which together shall comprise the City's Land Development Code and providing for standards and procedures SYNOPSIS OF ACTION ORDINANCE NO 0-90--3 - PASSED Public Hearing was held APPROVED on second reading Interim City Attorney Ruf read Temp Ord #1471 by title * C/M Hoffman MOVED to APPROVE Temp Ord #1471 on second reading, * SECONDED by C/M Rohr Kelly Carpenter -Craft, Director of Community Development, said this was an Ordinance which implemented certain Sections of Chapter 163 concerning the adoption of land development regulations for local governments She said the City was required by the State Law to develop a set of land development regulations, which would include all the regulations for land development in one document Page 11 2/14/90-pw Mrs Carpenter -Craft said the Ordinance incorporated all of the existing land development regulations under this heading She said the Ordinance set forth a bonsistency monitoring system, a concurrency monitoring system and the level of service system, which was adopted in the Comprehensive Plan Mrs Carpenter -Craft said during the City Council Workshop meeting held this morning, she indicated that the Planning Commission recommended approval of the regulations She said staff held a Workshop meeting with the development community and there were no adverse comments, however, they could make comment during this Hearing Mrs Carpenter -Craft said this Ordinance was part of an overall amendment to the land development regulations, and a consultant was assisting staff with the amendments She said the amendments would be brought to the City Council during this year for action Mrs Carpenter -Craft said the Ordinance incorporated Chapter 5, Building and Building Regulations, Chapter 3, Flood Prevention and Protection, Chapter 10, Land Development Regulations, Chapter 11, Landscaping, Chapter 18, Signs and Advertising, Chapter 20, Streets and Sidewalks, Chapter 21, Subdivisions and Chapter 24, Zoning She said these Chapters set forth the Concurrency Management System and addressed consistency and management Mrs Carpenter -Craft recommended that the bottom of Page 2 and top of Page 3 be stricken from the Ordinance and she read the verbiage into the record Mrs Carpenter -Craft said the City Council expressed concerns about this verbiage during the Workshop meeting and, after reviewing the matter with the consultant and Interim City Attorney, staff felt the verbiage should De stricken from the Ordinance She said alternate language would be submitted to the City Council during the future process Mayor Abramowitz said he was glad to hear this recommendation because the City Council was concerned with the language indicating an "Administrative action" as opposed to "Legislative action" He said he would like the Motion to include the exclusion of this verbiage * C/M Hoffman AMENDED his Motion to APPROVE Temp Ord #1471 * on first reading subject to the verbiage on the bottom o4 * Page 2 and the top of Page 3 being stricken, C/M Rohr AMENDED * his Second Mayor Abramowitz Opened and Closed the Public Hearing with no further response VOTE ALL VOTED AYE Mayor Abramowitz said since the implementation of the Comprehensive Plan, there were several things that had to be done by the City He said the City Council would be hearing several changes in the future because of the Comprehensive Plan regulations Page 12 2/14/90-pw CJ 1 1 At 7 55 P M , Mayor Abramowitz RECESSED this meeting and RECONVENED at 8 00 P M with ALL PRESENT TAPE 2 11 MOTION TO ADOPT Tem-P Reso #5705 approving revisions in the -following sections of the City Personnel Manual Section 11 Section 31 Section 37 Section 50 Section 52 SYNOPSIS OF ACTION TABLED Hiring Pension Plan Personal Leave Discipline of Employees Grievance Interim City Attorney Ruf read Temp Reso #5705 by title * C/M Rohr MOVED to APPROVE Tem_p Reso #5705, SECONDED by * C/M Hoffman City Manager Kelly said this request would not affect the Union personnel, however, it did pertain to the non -Union personnel Peter Mack, Personnel Director, said the Personnel Manual has been reviewed and these changes were requested for clarification purposes He said this did not have impact upon the Union personnel C/M Hoffman said he did not receive backup information regarding the amendments and Mr Mack said the information should be in the City Council's backup C/M Hoffman said he would like to be informed about the matter before he was asked to vote on it City Manager Kelly said if the City Council did not receive the backup on the Item, it should be Tabled until the next meeting * C/M Hoffman MOVED to TABLE Tema Reso #5705, SECONDED by * C/M Rohr VOTE Public Works Department ALL VOTED AYE 12 a MOTION TO ADOPT Temp Reso #5691 authorizing the appro- pr�e City officials to execute an Agreement and Amendment to Agreement with the Florida Department of Natural Resources and Broward County pertaining to the Florida Boating Improvement Program for the VETERANS PARK RESTROOM PROJECT b MOTION TO ADOPT Temp Reso #5700 awarding Bid #90-2 in the amount of $48,900 00 to Atlantis International Construction Co , Inc , for the construction of one (1) comfort station at VETERANS PARK SYNOPSIS OF ACTION Y APPROVED a and b RESOLUTION NO R-90-50 - PASSED RESOLUTION NO R-90-51 - PASSED Interim City Attorney Ruf read Temp Reso #5691 by title * a C/M Rohr MOVED to APPROVE Temp_ Reso #5691, SECONDED by * C/M Hoffman Page 13 2/14/90-pw City Manager Kelly said approval of this Item would authorize the City to execute an amendment to the existing agreement for the restroom pro3ect at Veterans Park He said the amendment added $20,000 00 to the pro3ect and an additional 6 months for completion time C/M Stelzer asked if there were permit fees required t4 use the boating ramps and City Manager Kelly replied, no� C/M Stelzer said the boating ramps were being used more and more and he suggested that the City consider charging a fee for the use of the ramp to non-residents City Manager Kelly said this matter could be reviewed and Mayor Abramowitz said this was a great suggestion, however, compliance to the regulation may be difficult City Manager Kelly said this matter would be reviewed VOTE ALL VOTED AYE Interim City Attorney Ruf read Temp Reso #5700 by title) * b C/M Hoffman MOVED to APPROVE Temp Reso #5700, SECONDED by * C/M Rohr City Manager Kelly said the City had to match the monies remaining from the grant would be used for the utility line for the comfort station at Veterans Park He said the Item was sent to bid, there were six bids received and the request was to approve Bid #90-2, in the amount of $48,900 00 He said the Public Works Department would be doing some of the work on the pro3ect which would offset some of the costs VOTE ALL VOTED AYE 13 MOTION TO ADOPT Tema Reso #5696 approving a one-year extension to the contract with Aquatic Vegetation Control, Inc , (formerly PHK, Inc ), for waterway maintenance in the amount of $47,400 00 in lieu of going to bid SYNOPSIS OF ACTION RESOLUTION NO R-90-52 - PASSED APPROVED Interim City Attorney Ruf read Temp Reso #5696 by title * C/M Rohr MOVED to APPROVE Tema Reso #5696, SECONDED by * C/M Hoffman Mike Couzzo, Director of Public Works/Parks and Recreation, said there was a three year bid for Aquatic Vegetation Control and, during the third year of the contract, there was a stipulation which indicated that the City could renew the contract for an additional year under the same conditions He said this year would be the last year of the contract Mayor Abramowitz said at one time, the City received revenue sharing in an equal amount to maintain the lakes and canals, however, the revenue was no longer provided and the City had to pay those costs He said the Assistant to the City Manager was instructed to pursue a grant for the costs Page 14 2/14/90-pw C/M Hoffman asked if staff was pleased with the performance of the company and Mr Couzzo replied, yes C/M Hoffman said he received several complaints regarding the maintenance of the canals and lakes Mr Couzzo said because of the drought, the vegetation was being noticed because of the lowering of the water in the canals and lakes VOTE ALL VOTED AYE Citz Manager 18 COUNCIL REVIEW AND DISCUSSION regarding a memo from the Code Enforcement Board concerning ambiguous wording of certain portions of the Code SYNOPSIS OF ACTION DISCUSSION was held Mayor Abramowitz said Lawrence Schneider, Chairman of the Code Enforcement Board, was present He said he could not relate how pleased he was that Mr Schneider brought this matter to the City Council He said of there was a problem with the Codes, the City Council should be informed City Manager Kelly said the Code Enforcement Board has encountered several provisions in the Codes that seemed ambiguous and created concerns during Code Enforcement Hearings He said Mr Schneider asked that the Code Enforcement Board be able to inform the City Council of their concerns He said he referred this matter to Interim City Attorney Ruf for a solution Lawrence Schneider, Chairman of the Code Enforcement Board, read the letter sent by the Board to the City Council (SEE ATTACHMENT) Mr Schneider said some language in the Code made it difficult for the Board to operate appropriately He said the Board received a memorandum from Interim City Attorney Ruf, who offered to reword the Ordinance of concern He said he would lake the Code Enforcement Board to vote on the recommended change before the City Council was asked to act on it Mayor Abramowitz said anything that the Code Enforcement Board found in the Code which needed interpretation should be brought to the City Council Community Development 19 MOTION TO ADOPT Temp Ord #1474 on first reading to amend Section 19-2(b) of the Code to delete the waiver provisions for garbage pickup upon a showing of hardship by the property owner or lessee SYNOPSIS OF ACTION DENIED by a 3 to 1 Vote Interim City Attorney Ruf read Tema Ord #1474 by title * C/M Rohr MOI LD to APPROVE Temp Ord #1474 on first reading, * SECONDED by C/M Hoffman Page 15 2/14/90-pw Kelly Carpenter -Craft, Director of Community Development, said currently Code Chapter 19-2(b) allowed for a waiver for garbage pickup She said the Code required g arbace pickup on certain days and stated that the City Council reserved the power and right to modify the requirements if the applicant had a hardship She said the City only had one request in the history of the Ordinance concerning the lessening of the requirements for garbage pickup She said the garbage pickup requirements were stringent in Tamarac and, after a survey of the surrounding Cities, Tamarac was at least as stringent or more stringent than the surrounding Cities She said staff felt that the Ordinance should stand however, the waiver provisions should be struck from the Ordinance C/M Hoffman said he did not know why the City Council should deny the right for a waiver request as well as eliminating the right of the City Council to grant a waiver Mrs Carpenter -Craft said staff felt it difficult while dealing with the health issue to find a condition under which there should be a hardship C/M Hoffman asked if the City Council ever granted a waiver for garbage pickup and Mrs Carpenter -Craft said to her knowledge, no C/M Rohr said the City Council only had one request in the history of the City and he did not want to preclude the ability of anyone coming before the City Council for relief on this matter C/M Stelzer said this matter was discussed in the past several times and he did not like to see anyone have the right for a waiver on the garbage pickup He said therel was an Ordinance requiring garbage pickup 6 days a week and, if the applicant needed relief, they could contact the garbage company regarding less pickups He said waivers should not be available to anyone in the City Mayor Abramowitz said under normal circumstances, he would never deny the right of anyone to petition, however, he did not believe this would be a normal circumstance He said this matter pertained to the health and welfare of the residents and he would like to keep the garbage pickup regulations as stringent as possible He said he did not object to having the waiver provisions removed from the jurisdiction of the City Council He said there may be legitimate hardships, however, he felt the health and welfare of the residents was more important VOTE Mayor Abramowitz - Aye C/M Hoffman - Nay C/M Rohr - Nay C/M Stelzer - Nay Referring to Item 18, C/M Stelzer asked if the City Council should instruct Interim City Attorney Ruf to proceed with an amendment to the Code and Mayor Abramowitz said he would like the Code Enforcement Board to accept the recommendation of the Interim City Attorney) before the City Council proceeded 1 E 1 Page 16 2/14/90-pw 20 MOTION TO ADOPT Temp Ord #1473 on first reading to vacate portions of the rights -of -way on NW 76 Street and NW 87 Way, all of the 24-foot emergency access easement, and the 10-foot utility and drainage easements lying adjacent to the rights -of -way lines of NW 76 Street and NW 87 Way as shown on the WOODMONT TRACT 67 PLAT SYNOPSIS OF ACTION APPROVED on first reading Interim City Attorney Ruf read Temp Ord #1473 by title * C/M Rohr MOVED to APPROVE Temp_ Ord #1473 on first reading, * SECONDED by C/M Hoffman VOTE Kelly Carpenter -Craft, Director of Community Development, said this application was on behalf of FSC Development, who was the property owner She said the request was to vacate certain portions of NW 78 Street, NW 87 Way and all of the 24-foot emergency access easements and utility drainage easements abutting NW 76 Street and NW 87 Way She said the Plat was known as Woodmont Tract 67 and staff recommended approval ALL VOTED AYE 21 MOTION TO ADOPT Tem`Ord #1470 on first reading to amend CFiaapter 24, D�ivision 23, of the City Code to delete and add certain permitted uses and to delete and add certain prohibited uses within the LI-1, Light Industrial District SYNOPSIS OF ACTION APPROVED on first reading Interim City Attorney Ruf read Temp Ord #1470 by title * C/M Rohr MOVED to APPROVE Temp Ord #1470 on first reading, * SECONDED by C/M Stelzer Kelly Carpenter -Craft, Director of Community Development, said these amendments pertained to the Light Industrial Zoning Districts She said there were recent changes brought to the City Council concerning the building envelope regulations and these amendments addressed permitted uses in the Light Industrial District Mrs Carpenter -Craft said the amendments were to allow the economic development of the tax base for the City She said the current Light Industrial Ordinance did not reflect the permitted uses in the City or County Land Use Plans She said the amendments would provide more accurate uses as adopted in the Comprehensive Plan and make clear the permitted uses in the Light Industrial areas in the City C/M Hoffman said pact of the amended use referred to power line facilities and, since V/M Bender was active in this concern, he would like this matter Tabled until V/M Bender was present * C/M Hoffman MOVED to TABLE Tenp Ord #1470 on first reading ** Motion FAILED for lack of a Second Page 17 2/14/90-pw C/M Rohr said the fourth Page, Item 2, stated "public and private utilities except landfills, resource recovery facilities, transfer stations, relay stations and power plants" He said these items were not permitted Mrs Carpenter -Craft said the language stated that landfills, resource recovery facilities, transfer stations, relay stations and power plants were not permitted C/M Hoffman asked if there was an urgency to pass the Ordinance and Mrs Carpenter -Craft said staff wanted the changes made so they would conform with the City and County Land Use Plans because the Development of Regional Impact (DRI) was depending upon the changes She said she would not recommend that the Ordinance be detained C/M Rohr asked if the Ordinance did not allow power plants and relay stations and Mrs Carpenter -Craft said this pertained to the Light Industrial areas only She said that staff was working with V/M Bender concerning a zoning category for utility facilities C/M Rohr asked if the Ordinance, Section 7, precluded utility plants and relay stations and Mrs Carpenter -Craft said the Ordinance would not preclude a transformer or facility that would step down electric power for a plant that would use a lot of electric power Mayor Abramowitz asked if the Ordinance pertained to language for the Light Industrial District and Mrs Carpenter -Craft replied, yes C/M Rohr suggested that a Special City Council meeting be called on this matter and City Manager Kelly said this was the first reading of the Ordinance Mayor Abramowitz said a Workshop meeting could be called on this Ordinance before the second reading VOTE Mayor Abramowitz - Aye C/M Hoffman - Nay C/M Rohr - Aye C/M Stelzer - Aye OPEN PUBLIC FORUM 22 OPEN PUBLIC FORUM Eleanor Smearling, Resident, had concerns about the grass in the median strips being dead by her community, the Boulevards of Tamarac She said her community had not sprinkled their yard in three weeks She said the sprinkler system did not provide the ability to sprink-e on odd and even days because it sprinkled the yards at the same time She said the community was in the process of sending their second letter to the South Florida Water Management District Mayor Abramowitz said the City handled this matter and he suggested that Mrs Smearling ccntact the Assistant to the City Manager He said the City assisted 60 Condominium and Homeowners Associations concerning this matter He said a solution was found and the Assistant to the City Manager would explain the matter to her L Page 18 2/14/90-pw Mrs Smearling said the newspaper recently reported on some of the Code Enforcement problems and how they were being corrected She asked if the City could request residents to correct their property, etc , and Mayor Abramowitz replied, yes Mrs Smearling asked if the Code Enforcement Department would handle these matters and Mayor Abramowitz suggested that Mrs Smearling write to the Code Enforcement Department of the City regarding any problems He said the Code Enforcement Officers and Board investigated concerns and made a determination Mrs Smearling said there were several cars that parked on their lawns and the Police Department indicated that there was no enforcement for people who parked on their own grass C/M Hoffman said he requested the City Attorney's Office prepare an Ordinance prohibiting parking on lawn areas He asked Interim City Attorney Ruf if this matter was being reviewed and Interim City Attorney Ruf replied, ye s Mrs Smearling suggested that the employees be asked to greet the residents in a proper manner She said hospitality was very important to the residents especially when they were trying to save their City money Harry Jast, Resident of Tamarac Gardens, asked if using canal water was illegal and Mayor Abramowitz replied, yes, unless a permit was acquired from the City Mayor Abramowitz said Mr Jast's section did not have a permit, however, the City brought 60 Condominium and Homeowners Associations into their jurisdiction to allow the watering to continue Mr Jast said the management of their section should be asked to contact the City and Mayor Abramowitz agreed Mayor Abramowitz said Mr Jast's management received a letter from the City Anthony Grimaldi, Resident of Sunflower/Heathgate, said a recent newspaper article indicated that Mayor Abramowitz felt that the residents should consider the recycling payments of $ 76 as buying a cup of coffee He said $ 76 was too much for a cup of coffee and he did not mind sharing coffee with his neighbors, however, he hoped his neighbors would share their coffee with him He said this pertained to the condominium residents who would not be charged $ 76 TAPE 3 Mr Grimaldi said the cost of garbage is increasing and the City should review the recycling and garbage contracts to see if they could include all of the residents C/M Stelzer said the existing contracts provided the individual homeowners a savings of approximately $ 28 per month Page 19 2/14/90-pw Mayor Abramowitz said C/M Rohr would be reporting on his recent tour of the garbage pickup however, the State was drowning in garbage and mandated that the Cities remove 30% from the waste stream or lose revenue sharing He said $ 76 included a $ 25 tip Mayor Abramowitz said he felt that the hardest thing this City Council did was sign the contract for the recycling program He said Tamarac was the last City to sign the contract and he once stated that he felt the contract wa not the best, however, it was the only contract available He said there were three bidding requests held on the recycling program and the bids were $1 76, $1 46 and $ 76 Mayor Abramowitz said a program for the condominiums was being worked on and, last year, C/M Rohr and representatives from Waste Management, Inc , visited 8 individual condominium areas to determine how recycling could be done He said each condominium area was different and separate Mayor Abramowitz said the City of Coral Springs took their revenue and invested in a pilot program, which would end in a few weeks He said the residents of Coral Springs would be paying approximately $2 00 per month for their program Mayor Abramowitz said there was a pilot program being done in Wynmoor Village for 10 buildings He said C/M Rohr went with the garbage trucks to this area and would be presenting a comprehensive report on the tour Mayor Abramowitz said the $ 76 he would be investing in the recycling program in the City would be for everybody's children in the future He said the only City involved in this program with several concerns was i Tamarac and the only place that expressed their concerns) were the younger areas He said the primary concern for' recycling was to provide room for future residents Mr Grimaldi said there were 1,150 homes in his community, however, the condominiums contained more homes Mayor Abramowitz said the City was working on a recycling program for the condominiums and Mr Grimaldi said he wanted to share the costs with the condominiums REPORTS 23 CITY COUNCIL REPORTS C/M Stelzer - No Report C/M Rohr said the recycling program would begin on Monday, February 19, 1990 He said when the program began he would be visiting each condominium starting at Kings Point because it was two story He said when the condominiums began recycling, they would be paying for the additional costs as opposed to reducing the costs of the residential homes Page 20 2/14/90-pw C/M Rohr said additional trucks and manpower would be needed to expand the program and, when aluminum and bottles were added to the program, there may be some cost reduction to the residents C/M Rohr said he was tired of hearing about garbage contracts and the ability for the City to find something better than Waste Management, Inc He said in the future the tipping fees would be increased to $60 00 per ton He said the City could not negotiate with the companies to reduce the rates because the best rate was being provided through Waste Management, Inc C/M Rohr said he began his tour at 7 15 A M with the Southern Sanitation Recycling Truck and crew at wynmoor Village He said there were 10 buildings in the pilot program and their grant money was used for this program He -said once the pilot program was over, Wynmoor Village w6uld have to pay for the services, which included truck costs, bins, etc C/M Rohr said with four story buildings, there was less than 50% of the residents participating because the third and fourth stories had difficulty carrying the garbage down to the dumpster room He said the two story building in the program provided a dumpster across the street from the building and there was poor participation C/M Rohr said last Friday, he visited a beautiful area in the City of Coral Springs containing single family homes He said this area was participating in a pilot recycling program, which would be finished on March 1, 1990 He said each home was given a 30 gallon plastic can for all of the paper, cans and bottle garbage and the truck would separate the trash He said there was approximately an 80% response to the program because the area consisted of younger residents and the program did not require separation C/M Rohr said everyone had to begin thinking of a complete recycling program in order to bring prices down He said there were warehouses filed with paper that could not be eliminated and the cost of paper was falling under $10 00 per ton C/M Rohr said he was informed that the aluminum can recycling companies lost 10 million dollars because of the moisture factor retained in the cans He said the moisture built up the weight and the cost was reduced from $60 00 to $30 00 He said he would be working hard to provide a recycling program for the condominiums as well C/M Hoffman - No report Mayor Abramowitz - No report 25 CITY ATTORNEY REPORT - No report 24 CITY MANAGER REPORT City Manager Kelly said recently, there were power outages which akfected the City He said the serges damaged the potable water pressure pumps #5 and #6 which needed approximately $4,500 00 for repairs He said this was needed to provide water pressure to the residents and he authorized the Utility/Engineering Department to proceed Page 21 2/14/90-pw with the repairs He said the Code required him to report to the City Council on his authorization within three days and he would provide the City Council with the approximate costs when they were available C/M Hoffman asked if Florida Power & Light was contacted) about this matter and City Manager Kelly said Florida Power & Light was contacted i With no further business, Mayor Abramowitz ADJOURNED this meeting at 9 00 P M R1 CAROL A EVANS, CITY CLERK ASRAM "This public document was promulgated at a cost of $123 80 or $1$ 45 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of ,Tamaracof CITY OF TAMARAC APPROVED AT MEETING OF .311gl ?C City Clerk I F1 1 Page 22 4%%u 00 CITY OF TAMARAC CODE ENFORCEMENT BOARD vow INTER -OFFICE MEMORANDUM MEMO TO JOHN P KELLY, CITY MANAGER FROM LAWRENCE SCHNEIDER, CHAIRMAN, AND MEMBERS OF THE CODE ENFORCEMENT BOARD DATE JANUARY 24, 1990 RE ATTACHED MEMORANDUM COPIES MAYOR NORMAN ABRAMOWITZ AND MEMBERS OF THE CITY COUNCIL, ALAN RUF, INTERIM CITY ATTORNEY, STEVEN OXENHANDLER, DIRECTOR OF DEVELOPMENT SERVICES, CAROL EVANS, CITY CLERK WE RESPECTFULLY REQUEST YOU PLACE THE ATTACHED MEMORANDUM ON THE NEXT AVAILABLE CITY COUNCIL AGENDA (PREFERABLY AN EVENING MEETING) FOR CONSIDERATION AND POSSIBLE ACTION THANK YOU FOR YOUR ATTENTION TO THIS MATTER /ggv N-a ro r_rr w ■ — m r — JANUARY 24, 1990 TO WHOM IT MAY CONCERN FROM CHAIRMAN LAWRENCE SCHNEIDER AND MEMBERS OF THE CODE ENFORCEMENT BOARD WE WISH TO CALL YOUR ATTENTION TO THE FOLLOWING MATTER THAT IS OF CONCERN TO US WE FIND FROM TINE TO TIME THAT THE WORDING OF SOME ORDINANCES ARE EITHER AMBIGUOUS OR OTHERWISE DIFFICULT TO CLEARLY UNDERSTAND AND/OR INTERPRET, THUS CREATING AN UNCLEAR MANNER IN WHICH TO DEAL WITH A VIOLATION AND RENDER A FAIR DECISION TO ALL PARTIES, THE CITY AND VIOLATOR ALIKE WE BRING SPECIFICALLY TO YOUR ATTENTION SECTION 9-41, BUILDING EXTERIORS, WHICH READS AS FOLLOWS "ALL BUILDING EXTERIORS INCLUDING ROOFS SHALL BE MAINTAINED IN A NEAT, CLEAN AND AESTHETICALLY PLEASING CONDITION, FREE OF FADED OR CHIPPED PAINT OR OTHER BUILDING MATERIALS AND IN GOOD REPAIR Of " n THE AESTHETICALLY PLEASING VERBIAGE IS THE ONE THAT GOT TO US SINCE IS NOT BEAUTY IN THE EYES OF THE BEHOLDER? WE RESPECTFULLY REQUEST THAT YOU CONSIDER THIS SUGGESTION TO RE —WORD THIS ORDINANCE IN A MORE CONCISE MANNER