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HomeMy WebLinkAbout1990-03-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY MARCH 28, 1990 CALL TO ORDER Mayor Abramowitz called this meeting to order on Wednesday, March 28, 1990 at 10 00 A M in the Council Chambers MEDITATION AND PLEDGE OF ALLEGIANCE Mayor Abramowitz called for tlfie� Pledge of Allegiance followed by a Moment of Silent Meditation PRESENT Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Henry Schumann Councilman Dr H Larry Bender Councilman Henry Rohr ALSO PRESENT John P Kelly, City Manager Alan F Ruf, Interim City Attorney Carol A Evans, City Clerk Pauline Walaszek, Secretary 1 PRESENTATION by City Manager Kelly of ten-year service awards to STEVEN TAYLOR, Fire Department, and EDWARD HECK, Utilities West SYNOPSIS OF ACTION �PRESENTATIONS7_were made Steven Taylor Fire Department, was absent City Manager Kelly presented Edward Heck Utilities West, with a ten-year service award and thanked him for his many years of service with the City Steven Taylor Fire Department was not present 3 PRESENTATION by Mayor Abramowitz of a proclamation designating March 1990 as "HADASSAH MONTH" SYNOPSIS OF ACTION PRESENTATION was made to Mrs Grossman, Mrs Krantz and Mrs Kaplan, Representatives of Bat Ami Mayor Abramowitz asked Mrs Grossman, Mrs Krantz and Mrs Kaplan Representatives from Bat Ami to join him in the front of the Chambers He read the proclamation and presented it to Mrs Grossman Mrs Grossman thanked the City Council for the proclamation 4 ANNOUNCEMENT of the expiration in April of terms of office of four (4) regular members and two (2) alternate members on the Planning Commission SYNOPSIS OF ACTION ANNOUNCEMENT was made by Mayor Abramowitz I 3/28/90-pw Mayor Abramowitz announced that the expiration of four (4) regular members and two (2) alternate members of the Planning Commission would be in April He suggested that any one interested in these positions visit the City Clerk's Office for an application 2 PRESENTATION by Senator Peter Weinstein and Representatives Peter Deutsch and Ben Graber regarding state legislative matters SYNOPSIS OF ACTION PRESENTATIONS were made by Representatives Peter Deutsch and Ben Graber Senator Peter Weinstein was not present i Representative Peter Deustch thanked the City for inviting him to speak this morning He said the Legislative Session will begin next Tuesday He said it was a pleasure working with the City staff and City Council because they make the State Representatives jobs easier Representative Deutsch said he wanted to inform the residents of a few issues that were unique to municipal officials He said the first issue was the fractional year assessment, which he supported and he hoped would be enacted He said new construction on line within the year would not pay tax on the building until next year, even though they had the use of City services He said he supported this way of gettingi local governments more money equitably faster Representative Deutsch said the millage rate would be reassessed this year He said the Florida Constitution required the Property Appraisers Office every ten years reevaluate all of the assessments throughout the State He said this was being reviewed and he hoped that it would generate additional money for the City Representative Deutsch said the Legislature exempted itsie-f from the Sunshine Laws and set up a double standard He said there would be a proposal for a Constitutional Amendment to deal with the Legislative issues on the Sunshine Amendments and he believed that some of the municipal government problems would be addressed such as litigation issues on'Che Sunshine Law Representative Deutsch said he was looking forward to this session and his dialogue with the City He said he would be informing the City of the issues discussed during the sessions He said it was a pleasure working with Representative Ben Graber and Senator Weinstein Representative Ben Graber said it was a pleasure to be before the City Council and it made everyone's job easier when they could work together Representative Graber said the State was facing anotherlti.ght budget year, however, the budget year led to a great dean of creativity by the Legislators He said it was easy to spend money when it was available however when money was not available, appropriate decisions had to be made Representative Graber said Broward County had a very strong delegation and should do well this year He said the Legislature would be reviewing several issues such as health care and transportation He said as the State of Florida grew, transportation would set the stage for business He said if the State could not come up with a good transportation proposal this year, the State would be sent into a recession because there would be a slow down in development building and growth I 2 3/28/90--pw Representative Graber said the budget proposal by the Governor was approximately 26 billion dollars He said last year the State had approximately 22 billion dollarsi however, the excess 4 billion dollars from last year has not been indicated by the Governor Representative Graber said there were discussions concerning cigarette alcohol and gasoline taxes being increased He said there were several proposals concerning the gasoline tax assisting the transportation problems He said there were several issues concerning health care and Representative Deutsch was the Chairman of the Insurance Committee Representative Graber said he proposed a Bill called, "Florida Care", which would assist the needs of the 2 7 million people who are employed but did not have health insurance He said the 2 7 million people made up the indigent population who work but could not pay insurance for emergency or hospital care He said this created a tremendous increase on private insurance costs He said if the situation could be stabilized, the entire need for a Universal Health Plan could be considered for the State Representative Graber said there were several other issues being discussed during the Legislative Session and the Representatives would work very hard to protect the interest of the District He said he would work very closely with the City Council so the residents could be informed of the findings City Manager Kelly said staff appreciated the efforts of the State Representatives in the last few years concerning the grants secured and other insights He said the Representatives made staff's Sobs easier City Manager Kelly said the gun control issue should be addressed during this Legislative Session He said he recently went to a funeral of a Deputy and he hoped that the Legislatures would strongly review the gun control laws City Manager Kelly said in reviewing the Police Reports submitted by the Broward Sheriff's Office he found that there were several people driving with suspended licenses He said he received approximately 24 reports concerning suspended licenses He said there was nothing being done about this matter and the people with suspended licenses continued to break the law City Manager Kelly suggested that there be a mandatory Community Service required for people drawing with suspended licenses He said the people had to be given a way to understand how important it was to have a valid Driver's License Representative Deutsch said he knew the Representatives were very involved in the gun control issue He said he did not feel that the State would have an effective gun control law by the Legislators however, there was a Constitutional Amendment being proposed for the November, 1990 election He said the voters in the State would be able to institute gun control and he believed that the voters would vote in favor of gun control He said this matter would be reviewed and he would inform the City as soon as possible of the discussions Engineering/Utilities 12 MOTION TO ADOPT Temp _Reso #5748 awarding Bid #90-4 for the purchase of residential backflow preventers SYNOPSIS OF ACTION TABLED 3 3/28/90-pw * V/M Hoffman MOVED to TABLE Temp Reso #5748 , SECONDED by * C/M Bender VOTE ALL VOTED AYE General Administrative 18 MOTION TO ADOPT Temp Ord #1480 on first reading to amend section -24 41c o the Code to increase the reimbursement allowance from $ 21 per mile to $ 26 per mile for travelers using a privately owned vehicle i SYNOPSIS OF ACTION TABLED on first reading * V/M Hoffman MOVED to TABLE Temp Ord #1480 on first * reading, SECONDED by C/M Bender VOTE ALL VOTED AYE �AGENDIZED BY CONSENT 26 DISCUSSION AND POSSIBLE ACTION concerning a proposal to construct five (5) new tennis courts at the Tamairac Sports Complex at a cost not to exceed $65,000 00 and APPROVE the appropriate budget transfer from the Contingency Account to an account to be established by the Finance Director SYNOPSIS OF ACTION AGENDIZED by Consent (SEE PAGE 18 for Final Action ) * V/M Hoffman MOVED to AGENDIZE this Item as 26 SECONDED by * C/M Rohr VOTE ALL VOTED AYE CONSENT AGENDA -ITEM 5 a through m IBuild,ing Department I 5 a MOTION TO APPROVE refund in the amount of $330 00 to Burrows Electric Company due to an overcharge of a building permit fee for work done for Amusements of America Carnival at St Malachys Church (Permit #90-0573) SYNOPSIS OF ACTION APPROVED u� City Clerk b MOTION TO APPROVE the minutes of the following City Council meetings: 1 2/28/90 - Regular Meeting 2 3/06/90 - Special Meeting SYNOPSIS OF ACTION APPROVED- c MOTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six --month period from 5/11/90 to 11/11/90 SYNOPSIS OF ACTION APPROVED 4 3/28/90-pw 1-1 d MOTION TO APPROVE renewal of a model sales and adm nistrative office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 4/28/90 to 10/28/90 SYNOPSIS OF ACTION APPROVED City Council - C/M Bender e _MOTION TO ADOPT TempReso #5749 opposing Senate Bill 1654 imposing a capital gains tax on pension fund assets SYNOPSIS OF ACTION_ RESOLUTION R-90--86 - PASSED APPROVED Community Deyelopment f MOTION TO ADOPT Temp Reso #5738 releasing a cash performance bond -in the amount of $1554 00 posted to guarantee installation of landscaping at STARR CENTRE SYNOPSIS OF ACTION APPROVED g MOTION TO ADOPT arts and crafts and 4/1/90 SYNOPSIS OF ACTION APPROVED Engineering/Utilities RESOLUTION R--90-87 - PASSED Temp , Reso #5739 approving an show at MIDWAY PLAZA on 3/31/90 RESOLUTION R-90-88 -PASSED h 1 MOTION TO ADOPT Temp Reso #5743 releasing a cash performance bond in the amount of $3,325 00 posted for public improvements at the AUTO CARE CENTER project subject to receipt of a one-year warranty bond in the amount of $1 191 50 2 MOTION TO ADOPT_ Temp Reso #5742 accepting an Agreement and Covenant Running With The Land offered by AUTO CARE CENTER OF TAMARAC holding the City harmless against any expense in removal of car wash equipment installed over a sewer easement 3 MOTION TO ADOPT Temp Reso #5744 accepting a bill -of sale for water�distriution and sewage collection system improvements at the AUTO CARE CENTER project SYNOPSIS OF ACTION RESOLUTION R-90-89 -- PASSED APPROVED 2 l 2 2 RESOLUTION R-90-90 - PASSED and 2 3 RESOLUTION R-90-91 - PASSED i MOTION TO APPROVE the 5th Amendment to the Water and Sewer Developers Agreement for TAMARAC GARDENS Site Plan 1 SYNOPSIS OF ACTION_ APPROVEDr 5 3/28/90--pw MOTION_ TO APPROVE a Water and Sewer Developers Agreement for the COMMERCIAL BOULEVARD CENTER project ,SYNOPSIS OF ACTION APPROVED k MOTION TO ADOPT TemQ Reso #5745 a Tamarac Utilities West Water and Sewer Utility Easement for the WEST POINT project SYNOPSIS OF ACTION RESOLUTION R-90-96 - PASSED APPROVED General Administrative 1 MOTION TO APPROVE the attendance of Dina McDermott, Assistant to the City Manager, at the Florida City and County Management Association Conference on May 16-19, 1990, in Tampa Florida SYNOPSIS OF ACTION APPROVED u Public Works Department m MOTION TO ADOPT Temp Reso #5737 releasing performance bond #12j52 -in the amount of $13,638 00 posted for the construction of TAMARAC PARK Concession Stand/Restrooms SYNOPSIS OF ACTION RESOLUTION R-90-92 - PASSED APPROVED * C/M Rohr MOVED to APPROVE Consent Agenda Item 5 a * through m SECONDED by V/M Hoffman I VOTE ALL VOTED AYE CONSIDERATIONS i Community Development 6 MOTION TO APPROVE the transfer of $7,300 00 from Contingency Account #001-872-588--975 to Community Development Annual Leave Account #001-142-515--174 for annual leave payment SYNOPSIS OF ACTION APPROVED * V/M Hoffman MOVED to APPROVE this Item, SECONDED by * C/M Bender City Manager Kelly said the City was losing a much loved employees namely, Irene Adams He said Ms Adams announced her retirement; however it was not expected this year He said during the Budget process, the City Administration reviewed the positions and budgeted for an anticipated retirement City Manager Kelly said the amount to provide for Ms Adams's annual leave accrued over the years with the Ci-y was $7 300 00 He recommended that this amount be transferred from the Contingency Account to the Community Development Annual Leave Account Mayor Abramowitz said the City will certainly miss Ms Adams and City Manager Kelly agreed VOTE ALL VOTED AYE 6 3/28/90-pw 1 1 1 City_ Council 7 MOTION TO SELECT a voting delegate and alternate to the Browa Xd County League of Cities �*40to] Z SELECTED Mayor Abramowitz as voting delegate and C/M Rohr as the Alternate * C/M Bender MOVED to SELECT Mayor Abramowitz as voting * delegate and C/M Rohr as alternate to the Broward League * of Cities, SECONDED by V/M Hoffman VOTE Finance Department ALL VOTED AYE 8 MOTION TO APPROVE the transfer of $3,560 00 from Contingency Account #001-872-588-975 to Police Services Paid Vacation Account #001-220-521-170 03,000 00) and to Police Services Paid Sick Leave Account #001-220-521-172 0560 00) for payments to terminated police officers of accrued vacation and sick leave hours per the FOP Contract SYNOPSIS OF ACTION: APPROVED * C/M Rohr MOVED to APPROVE this Item, SECONDED by * C/M Schumann Ken Burroughs, Finance Director, said under the Contract with the Broward Sheriff's Office the accrued time the employees had on the books was transferred and any leave used while with the Broward Sheriff's Office was deducted until the time accrued was exhausted Mr Burroughs said if the employees retired or quit, the City was obligated to pay the remaining accrued leave, which was the Item before the City Council Mayor Abramowitz asked if this would bring the contract up to date and Mr Burroughs replied, yes, for this specific Police Officer Mr Burroughs said the transfers would be done on an individual basis VOTE General Administrative ALL VOTED AYE 9 MOTION TO APPROVE the transfer of $25,000 00 from General` Contingency Account #001-872-588--975 to Solid Waste Disposal Fund Account #001-872-581-912 and to APPROVE the transfer of $25,000 00 from General Fund Account #470-381-001 to Solid Waste Recycling Costs Account #470-421-534-349 to provide funding for recycling services for February, March and April, 1990 SYNOPSIS OF -ACTION APPROVED * C/M Rohr MOVED to APPROVE this Item SECONDED by * V/M Hoffman 7 3/28/90-pw City Manager Kelly said the recycling program began on February 19 1990 and the pro -rated cost for the month of February was $3,317 00 for the City's single-family residences at $ 76 per residence He said the cost for March and April 1990 was $10 842 00, which was a total cost of $25,000 00 City Manager Kelly said it was the City's intention for the first 1-1/2 months to absorb the costs to allow the program to prove itself He said for the balance of February and the entire month of March, 1990 the City would be absorbing the cost He said the residents would be billed for the recycling service; however, the contract required the City to provide the money to be collected from the residents He said the City would subsidize approximately $14,000 00 Mayor Abramowitz asked if the City would receive the total cost the City was subsidizing, which was approximately $14,000 00, and City Manager Kelly agreed Mayor Abramowitz said during the City Council report there would be discussion on a recycling program for the condominiums VOTE RESOLUTIONS C�]Fmunity Development ALL VOTED AYE 10 MOTION TO ADOPT Temp Reso _ #5733 approving a site plan and a Water and Sewer Developers Agreement for POINT PLAZA (tabled on 3/14/90) (to be located at the northeast corner of Nob Hill Road and Westwood Drive) SYNOPSIS OF ACTION RESOLUTION R-90-93 - PASSED DEFERRED until Item 13 was heard (SEE PAGE 16 for Final Action) Interim City Attorney Ruf read Temp Reso #5733 by title *li V/M Hoffman MOVED to APPROVE Temp _Reso #5733 , SECONDED *I by C/M Bender Kelly Carpenter -Craft Director of Community Development, asked that this Item be Deferred until Item 13 was heard The City Council AGREED to defer this Item until Item 13 was heard j 11 MOTION TO ADOPT Temp Reso #5752 providing for the elimination of -a Zoning Technician position and providing for the creation of a Senior Planner position within the Community Development Department SYNOPSIS OF ACTION RESOLUTION R-90-94 - PASSED APPROVED Interim City Attorney Ruf read Temp_ Reso _#5752 by title * C/M Rohr MOVED to APPROVE Temp Reso #5752 SECONDED * by C/M Bender L City Manager Kelly said this proposal was to reorganize the Department since Irene Adams Zoning Technician, was retiring He said Ms Adam's duties were beyond a Zoning Technician and the request was to create the position of a Senior Planner He said there were sufficient monies in the budget with a savings VOTE ALL VOTED AYE 1 1 1 8 3/28/90--pw General Administrative 16 MOTION TO ADOPT Temp _Ord #1483 on first reading to amend Section 2-342 of the Code to provide for self insurance for workers' compensation, tort and liability claims SYNOPSIS OF ACTION_ APPROVED on first reading Second reading and Public Hearing will be held on Wednesday, April 11, 1990 at 7 30 P M Interim City Attorney Ruf read Temp Ord #1483 by title * C/M Rohr MOVED to APPROVE Temp Ord #1483# on first * reading SECONDED by C/M Sender City Manager Kelly said during the budget process the City Council approved a self -insured program for workers' compensation, tort and liability claims He said the City's Risk Manager advised the City to pursue this course of action He said the City would allow the Risk Manager, who was also an Attorney, to handle the claims as opposed to taking the matters to Court City Manager Kelly said he felt the City would be best served by allowing the Risk Manager to handle these matters He said the proposal stated that the Risk Manager could settle claims up to $10,000 00 and monthly reports would be submitted to the City Council He recommended approval of this Item Mayor Abramowitz said the legal fees in many of these cases exceeded the settlement fee He said he believed the safety factors were provided by requiring the signatures of the City Manager City Attorney as well as providing the City Council with a monthly report City Manager Kelly said he directed the Risk Manager to provide a report on the activities of the program and this information would be available in the near future C/M Rohr asked if the City Council would receive the reports prior to the settlements and City Manager Kelly replied no C/M Rohr asked why the City Council could not receive a report on the intended settlement prior to the actual settlement He said the City Council was responsible for the City's actions and he felt it may be better for the City Council to be aware of a settlement prior to it being finalized C/M Schumann said by doing this, the City would be taking the authority away from the party settling the claim He said the City Council would be bogged down with several claims Mayor Abramowitz said if the City Council could not depend on the Risk Manager to handle the matters appropriately, the City Council should not give the authority to do so V/M Hoffman said if the City Council received the reports individually, action could not be taken until their meetings He said setting a limit of $10,000 00 gave the Risk Manager the opportunity to make a quick settlement as opposed to delaying the settlement for City Council approval Mayor Abramowitz asked the City Manager to prepare past performances to C/M Rohr on some of the cases He said some of the cases were ridiculous and the Attorney Fees were larger than the claims 9 3/28/90-pw VOTE ALL VOTED AYE 17 MOTION TO ADOPT Temp, Ord #1481 on first reading to amend Section 6-3 W of the Code by establishing the amount of fee refunds that can be made administratively by the City Manager at $1,000 00 SYNOPSIS OF ACTION APPROVED on first reading Second reading and Public Hearing will be held on Wednesday, April 11, 1990 at 7:30 P M Interim City Attorney Ruf read Temp Ord— #1481 by title * V/M Hoffman MOVED to APPROVE Tema Ord--#1481 on first * reading, SECONDED by C/M Bender City Manager Kelly said at the previous meeting, he asked the City Council to authorize him to pursue this matter He said this was based on a payment by a resident for utilities and the City could not find the payment= therefore, the resident was asked to pay again to avoid his utilities being turned off He said the City found that payment; however, the City Manager could not authorize the Finance Department to pay the money back to the resident because it was over $50 00 and City Council approval was needed City Manager Kelly said the Code did not allow huts to authorize a refund over $50 00 which he felt was unfair because if the mistake was not the resident's fault, it was not appropriate for the City to make the resident wait He said the City Council would be given monthly reports on the, amount of refunds given City Manager Kelly said he initially recommended that the amount allowed be $500 00 however, Interim City Attorney Ruf suggested that the amount be $1,000 00 He recommended approval of this Item Mayor Abramowitz said he knew that the expenditure of funds without City Council approval was not appreciated by the residentss however the residents had to be served by the City when they were not at fault City Manager Kelly said the procedures for the residents getting the money took a lot of staff time He said a delay for City Council approval was not worth the aggravation and time Mayor Abramowitz asked the City Manager to make sure the City Council received a monthly report VOTE ALL VOTED AYE 19 MOTION TO ADOPT Tema Ord #1486 on first reading to amend Section 6-26 of the Code to provide for investment of City surplus funds in an overnight repurchase account under certain conditions and to provide for investment of City surplus funds in Florida's Local Government Surplus Funds Trust Fund SYNOPSIS OF ACTION APPROVED on i,rst reading as amended Second reading and Public Hearing will be held on Wednesday April 11, 1990 at 7 30 P M E 1 J 10 3/28/90--pw TAPE 2 1 Interim City Attorney Ruf said the Ordinance would be amended by the addition of two words He said the third line from the bottom in the title, "Investment Pool" would be added after "Trust Fund" Interim City Attorney Ruf said the same language would be added to Section 2 (8) Interim City Attorney Ruf read C/M Rohr MOVED to APPROVE Temp reading, SECONDED by C/M Bender Temp Ord #1486 by title Ord #1486 on second Ken Burroughs Finance Director, said this was an amendment of the Code to provide an overnight repurchase agreement with a banking institution He said presently the City had a banking arrangement with Sun Bank and at the end of each day, all of the funds of the City were placed in a repurchase agreement on which the City received interest He said this amount fluctuated day to day because the activity of the account was considered Mr Burroughs said the Code did not provide for this however, the City entered into this banking agreement two years ago He said this request was to change the Code to comply with the banking system He said the request was for repurchase agreements only with banks that the City already did business with Mayor Abramowitz asked how much money there was at the end of the day and Mr Burroughs said this could fluctuate because it would depend on the revenue collection on taxes He said the amount has been as high as 3 million dollars: however, the City tried to keep the amount at $500 000 00 C/M Bender said he was uncomfortable with the word "surplus" He asked if the City was actually deferring the money for a few days; however the funds were used immediately Mr Burroughs said the funds could be described as temporarily idled funds V/M Hoffman asked if this gave the Finance Department the authorization to go into repurchase agreements for longer than an overnight agreement He asked if this could result in the same situation the City was in with ESM Mr Burroughs said this agreement would be for overnight only V/M Hoffman asked if the City had United States Government Securities to protect the City from loss by these banking institutions and Mr Burroughs said the repurchase agreement was handled with United State Treasury Obligations which equalled or exceeded the amount of the repurchase agreement C/M Schumann asked if the City was allowed to draw checks on the funds and Mr Burroughs said if there were checks submitted to the bank, the repurchase agreement was reduced at the end of that day C/M Schumann asked if the checks would be paid out of the repurchase account and Mr Burroughs replied yes C/M Rohr asked how much interest the City received on the agreements and Mr Burroughs said approximately $30,000 00 per year Mayor Abramowitz said several weeks ago Mr Burroughs informed him the amount was approximately $25,000 00 and Mr Burroughs said this was the interest On the agreements 11 3/28/90-pw Mayor Abramowitz said he received information on this matter and the City Council may need to make a determination as to whe�her the Charter or Code was correct He said the City should not be doing things until the necessary adjustments were made Heisaid he would approve of this matter since it was the first reading Mr Burroughs said the Ordinance provided the Code to be amotded and allow the City to invest in the State Investment Pool and Mayor Abramowitz said this was the matter he would like discussed more thoroughly Mr Burroughs said the Charter permitted this; however, the Code did not mention this procedure but the City was practicing this procedure since the matter with ESM Mayor Abramowitz said he had confidence in Mr Burroughs's ability and discretion; however, there were questions that had to be answered and he would like to hold a Workshop or Specta3 meeting concerning this matter VOTE ALL VOTED AYE 20 MOTION TO ADOPT Temp Ord #1479 on first reading to amend Section 16-56(d) of the Code to permit electec alternate plan trustees to serve the unexpired term of elected trustees who resign are removed, are no lodger eligible or qualified to serve, die, or become incapacitated SYNOPSIS OF ACTION APPROVED on first reading i Second reading and Public Hearing will be held on Wednesday, April 11, 1990 at 7 30 P M Interim City Attorney Ruf read Temp Ord _#1479 by title �* C/M Rohr MOVED to APPROVE Temp Ord #1479 on first * reading, SECONDED by V/M Hoffman Peter Mack, Personnel Director, said he was the Secretarl of the Pension Board and the Pension Board recommended approval of this amendment because it would allow the Pension Board to fill 4k vacant seat immediately He said the alternate member would1be assigned to the vacant position, which would cut down the administrative time Mayor Abramowitz said he was concerned with this matter bec#use C/M Bender was assigned as a member of the Board He said be was the alternate and he did not attend the meetings because he felt there would be a conflict of interest He asked Interim City Attorney Ruf if this was correct Interim City Attorney Ruf said the Ordinance was prepared by the Pension Board's Attorneys however, he reviewed the amendment He said the Ordinance stated that Mayor Abramowitz could only serve if C/M Bender was no longer serving; therefore it world not be a conflict of interest Mayor Abramowitz said he was concerned with being at the same meeting with another City Councilmember because there mal b6 things that had to go before the City Council for approval VOTE ALL VOTED AYE At 9 55 A M , Mayor Abramowitz RECESSED this meeting and RECONVENED at 10:00 A M WITH -ALL PRESENT 12 3/28/90-pw PUBLIC HEARING - 10 00 A M Community Development 13 PUBLIC HEARING - MOTION TO ADOPT Temp _Reso #5695 concerning a reques-t 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 (tabled on 3/14/90) SYNOPSIS OF ACTION: RESOLUTION R--90-95 -PASSED PUBLIC HEARING was held APPROVED Interim City Attorney Ruf read Temp Reso #5695 by title * C/M Rohr MOVED to APPROVE Temp Reso #5695 , SECONDED by * C/M Bender rr Mayor Abramowitz said he was offended about the way the Item was worded He said when he was informed of the facts, he felt that there should be something done to eliminate this type of problem Kelly Carpenter -Craft, Director of Community Development, said this request pertained to part of the Point Plaza site plan for a parking waiver to allow five (5) zero degree parking spaces She said zero degree parking spaces were parallel spaces She said the Code provided that parallel parking spaces could only be granted under a waiver She said this site plan provided 47 more spaces than the requirement of the Code She said the applicant was not asking approval to have less parking spaces Mrs Carpenter -Craft said this was one of approximately 35 items that needed to be changed in the Code She said staff felt that zero degree parking could be handled administratively as opposed to being approved by the City Council Mayor Abramowitz opened and closed the Public Hearing with no further response VOTE ALL VOTED AYE ORDINANCES Community Development 14 a _M_OTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp —Ord #1484 Petition #1-Z-90 b MOTION _TO ADOPT Temp Ord #1484 on first reading concerning a request Vy BUILD -TO -SUIT PARTNERS AGENTS, to rezone lands at the southwest corner of University Drive and NW 82 Street (platted as PORTOBELLO) from B-6 (Business District) to B-2 (Planned Business) Petition #1-Z-90 SYNOPSIS OF A_CTIO_N PUBLIC HEARING was held a ACCEPTED Affidavits b APPROVED on first reading Second reading and Public Hearing will be held on Wednesday April 11 1990 at 7 30 P M 13 3/28/90-pw * a * C/M Rohr MOVED to ACCEPT Affidavits of Publication Mailing and Posting for Temp Ord #1484 , SECONDED by C/M Bender VOTE Interim City Attorney Ruf read V/M Hoffman MOVED to APPROVE by C/M Rohr ALL VOTED AYE Temp `Ord #1484 by title Temp Ord #1484 SECONDED Kelly Carpenter -Craft, Director of Community Development, 1 said this application was from Build -to -Suit Partners to re*coe lands from B-6 (Business District) to B-2 (Planned Business) Mrs Carpenter --Craft said the lands consisted of 4 489 acre and the third page of the City Council packet indicated the parcel in pink She said the property was the vacant parcel at th� corner of 82 Street and University Drive Mrs Carpenter -Craft said the applicant had a site plan in progress and was anticipating a Walgreens in the area as well as a strip of office uses running east and west on the property► She said the Land Use Plan designation for the site was commercial and both the existing zoning district and the requested zoning district were allowed under the commercial designation She said the application for rezoning was consistent with the Land Use Plan Mrs Carpenter -Craft said the parcel was subject to the conditions set forth under Stipulation 19, which the Petitioner has requested be terminated in part She said the City Council would hear this matter at the second reading of the rezoning case She said the stipulations pertained to the payment of traffic fees additional landscaping and some limitation of uses i Mrs Carpenter --Craft said the release of the stipulation was not part of this zoning application She said this matter would be heard at the second reading She said the surrounding Land Uses and Zoning were the following North Commercial South Med Density Residential East Commercial West Open Space/Recreational Mrs Carpenter -Craft said there would be a six foot high wall along the west side of the property abutting the golf course Mrs Carpenter -Craft said the Planning Commission recommended the City Council approve this rezoning request at their rebtLa ry 7, 1990 and she recommended approval Mayor Abramowitz said he was informed that the Petitioner would meet with the Woodmont Property owners Association and he asked if a 6-foot wall would be erected Mrs Carpenter Craft replied, yes Mayor Abramowitz Opened the Public Hearing Irving Katz, Resident, said he was Vice Chairman of the Code Enforcement Board and the Board received a flyer about some) environmentally sensitive land He said the land was south of this proposed project and he asked if this would create a hazard to the sensitive property Mrs Carpenter -Craft said the land which was currently designated a natural resource on the Broward County Land Use Plan was south of 78 Street and south of Bonaire She said the natural resource property was the undeveloped 20 acre parcel behind the hospital between the hospital and 80 Avenue, south of Bonaire 14 3/28/90-pw Mayor Abramowitz asked if the County was going to buy this property and Mrs Carpenter -Craft said the area was designated a natural resource area; however the property was platted so the mitigation requirements of the County and did not affect the property She said the County choose not to put it on its purchase list Mayor Abramowitz said the natural resource area consisted of a lot of trees and the County informed the City that the property would be put on their purchase list He said this information was given to the residents however, the County would purchase this property if it was not platted Mr Katz said several years ago Star of David Cemetery cleared an area of environmentally sensitive land that could never be replaced Mayor Abramowitz said if a tree was eliminated another one had to be planted elsewhere or, the person was charged $100 00 per tree Mr Katz said he was not interested in the money He said he did not want to see the trees eliminated and Mayor Abramowitz said the land being discussed did not affect the natural resource area Anthony Grimaldi, Resident, said he remembered this property being discussed and it was to be a beautiful project on the corner of 82 Avenue and University Drive He said he did not feel it would help the area by turning the property back to a business district He said small businesses on the west side of University Drive have proven that it would not work Mr Grimaldi said there was no business besides Midway Plaza that was successful on the west side of University Drive, from Southgate Boulevard to Commercial Boulevard He said he felt the City would be defeating the purpose by approval and he suggested the City Council deny this request Mayor Abramowitz Closed the Public Hearing with no further response VOTE ALL VOTED AYE 15 a MOTION TO ACCEPT Affidavits of Publication Mailing and Posting for Temi? Ord _ #1485 Petition #4-Z-90 b PUBLIC HEARING - MOTION TO ADOPT Temp _Ord _ #1485 on firstrreaaing concerning a request by FLORIDA POWER & LIGHT COMPANY/AL HERNANDEZ to rezone lands at the extreme southwest corner of Land Section 7, west of the Sawgrass Expressway and north of Commercial Boulevard, from R-4A (Planned Apartments), R-3 (Low Density Multiple Dwelling) and A-1 (Limited Agricultural) to R-4A (Planned Apartments) Petition #4-Z-90 SYNOPSIS OF ACTION_ PUBLIC HEARING was held a ACCEPTED Affidavits b CONTINUED to the April 11 1990 City Council meeting at 7 30 P M * a V/M Hoffman MOVED to ACCEPT Affidavits of Publication, * Mailing and Posting for Temp Ord _#1485 , SECONDED by * C/M Rohr VOTE ALL VOTED AYE Mayor Abramowitz said a representative of the Petitioner was present and he asked the representative to address the City Council 15 3/28/90-pw Andrew Maurodis, representative of the Robert Heubner Law Office said he was representing the Florida Power & Light Company He asked the City Council to consider a two week continuance of the this ordinance, which would be April 11 13990 at 7 30 P M Mayor Abramowitz asked if staff approved this request and M�s Carpenter -Craft said staff supported this request i Mayor Abramowitz asked if the City Attorney objected to this request and Interim City Attorney Ruf replied, no i V/M Hoffman asked if there was a difference between Tablingior Continuing this Item and Interim City Attorney Ruf said thei Public Hearing was to be continued; therefore, Tabling the item may require the Item to be advertised again Mayor Abramowitz said the Petitioner was asking for a time certain * V/M Hoffman MOVED to CONTINUE Item 15 b , until the April * 11, 1990 City Council meeting at 7:30 P M , SECONDED by * C/M Bender VOTE ALL VOTED AYE RESOLUTIONS Community Development 10 MOTION To ADOPT Temp Reso #5733 approving a site plan and a Water and Sewer Developers Agreement for POIN^ PLAZA (tabled on 3/14/90) (to be located at the northeast corner of Nob Hill Road and Westwood Drive) SYNOPSIS 0_F ACTI_ON RESOLUTION R-90--93 - PASSED DEFERRED until Item 13 was heard on Page APPROVED Kelly Carpenter -Craft Director of Community Development said this was a final site plan for the lands located on the northeast corner of Nob Hill Road and Westwood Drive She said a site plan was in the City Council's packet and the Tamarac Land Use Plan designated the lands as commercial and the parcel was zoned B 1 She said the site plan was reviewed by the Tamarac Staff Review Committee which comments were attached and have been met by the applicant, except for one exception Mrs Carpenter -Craft said the Land Use and Zoning on the surrounding properties were North South East West Medium Residential Low Density Residential Commercial Low Density Residential Mrs Carpenter -Craft said the application was in compliance with all elements of the Comprehensive Plan and all applicable services and facilities, including regional roads, were being provided She said the Planning Commission recommended appreoval at their January 17 1990 meeting sub3ect to all of staff'si comments and a parking waiver was heard on February 7, 1990 with approval recommended by the Planning Commission Mrs Carpenter -Craft said the Community Development Department recommended approval She said staff was recommending that she waiver of the 20 foot landscape requirement to a 10 foot landscape along the major road not be approved She said the site plan indicated at least 10 feet in all locations; and if the City Council approved it, the Code needed to be changed 1 1 1 16 3/28/90--pw 1 1 Mayor Abramowitz said staff was recommending the City Council override staff's recommendation and Mrs Carpenter Craft replied, yes because the only way to correct the matter was to change the Code Mayor Abramowitz asked if staff was recommending the applicant be allowed the 10-foot buffer and Mrs Carpenter Craft replied, yes Mayor Abramowitz said the applicant has provided more than the required beautification for the property Mrs Carpenter -Craft said the applicant has been cooperative with staff and exceeded the minimum landscaping U41005 ALL VOTED AYE 21 MOTION TO ADOPT Temp Ord #1482 on first reading to create Section 19-55 to Article III of Chapter 19 of the Code to provide for the imposition of a fee of $ 76 per month for single family and other residences receiving curb side pickup of recyclable newspaper SYNOPSIS OF ACTION_ APPROVED -on first reading Second reading and Public Hearing will be held on Wednesday, April 11 1990 at 7 30 P M Interim City Attorney Ruf read Temp Ord #1482 by title * V/M Hoffman MOVED to APPROVE Temp Ord_ #1482 on first * reading, SECONDED by C/M Rohr Anthony Grimaldi, Resident asked Interim City Attorney Ruf if everyone in the City would be sharing the benefits of the recycling program if it was successful Interim City Attorney Ruf said this question was an administrative question Mayor Abramowitz asked Mr Grimaldi what he was referring to and Mr Grimaldi asked if the recycling program was successful would every citizen enjoy the success Mr Grimaldi asked why everyone did not contribute to the program Mayor Abramowitz said Mr Grimaldi was asking why the condominiums were not included in the program and being charged $ 76 per month Mr Grimaldi asked why the entire City was not contributing to the program Mayor Abramowitz said if the condominiums were participating in the program the cost would remain $ 76 He said it was not $ 76 because only the single-family residents were participating He said when the condominiums become part of the program their cost would be $ 76 Mayor Abramowitz said it was estimated that a certain percentage would be eliminated from the waste stream therefore the cost was $ 76 per month as opposed to $1 72 He said the condominiums participating in the program would not result in single-family homes paying less than $ 76 per month Mayor Abramowitz said the program consisted of bottle and aluminum pickup and there may be revenue because the garbage would be reduced He said at this time, the tipping fees were $39 00 however, it was pro)ected that by 1992 the tipping fees would be approximately $62 00 Mr Grimaldi said he was not pleased with paying for people who were not paying for the program 17 3/28/90-pw C/M Rohr said all of these concerns would be answered during his report Mayor Abramowitz said the people paying for the recycling program would be receiving the benefit V/M Hoffman said different rates were paid for garbage pickup He said when condominiums were included in the program, the City would know what it would cost to pickup from the condominiums He said the only people benefiting from the profit, if any,l would be the people paying for it Mr Grimaldi said he visited the area of Woodmont this mornirg and he found that only 10 homes out of 45 participated He said the same thing occurred in another area VOTE AGENDIZED BY CONSENT ALL VOTED AYE 26 DISCUSSION AND POSSIBLE ACTION concerning a proposal to construct five 15� new tennis courts at the Tamarac Sports Complex at a cost not to exceed $65,000 00 and APPROVE the appropriate budget transfer from the Contingency Account to an account to be established by the Finance Director SYNOPSIS OF ACTION APPROVE5 V/M Hoffman said the City was forced to eliminate the tennis courts at Tamarac Park; therefore, he was proposing that 5 pew tennis courts be erected at the Tamarac Sports Complex He asked the City Council to authorize the installation of 5 new tennis courts at the Tamarac Sports Complex * V/M Hoffman MOVED to APPROVE a proposal to construct 5 * tennis courts and a shelter at the Tamarac Sports Complex * at an amount not to exceed $65,000 00 and to AUTHORIZE the * appropriate transfer from General Fund Contingency to an * account to be established by the Finance Director, SECONDED * by C/M Bender Mayor Abramowitz asked Interim City Attorney Ruf if this was legal and Interim City Attorney Ruf replied, yes VOTE OPEN PUBLIC FORUM 22 OPEN PUBLIC FORUM ALL VOTED AYE Harold Newman Resident, asked why a developer of Land Section 7 would pay the City $200,000 00 per acre when the price of an acre was $65,000 00, which was negotiable He said he was not questioning the negotiations; however, he was concerned why{e developer would pay over 300% more for an acre of land Mayor Abramowitz asked where Mr Newman got this information He asked if Mr Newman was referring to the southern or northern portion of Land Section 7 Mr Newman said the information indicated the southern portion on McNab Road and Mayor Abramowitz said McNab Road was the northern portion of Land Section 7 Mr Newman read the information into the record as follows 1 1 u 18 3/28/90-pw "Land For Sale located between Commercial Boulevard and McNab Road, east of the Sawgrass Expressway and west of Nob Hill Road Section 7, Tamarac Now new land use to industrials cash price, $65 000 00 per acre terms negotiable " Mr Newman said the ad was placed by the wood --Faye Realty Group, Inc 4665 Ponce deLeon Boulevard in Coral Gables Mayor Abramowitz said the southern and northern portions were different City Manager Kelly suggested any discussion regarding this matter not take place because it may jeopardize the benefit of the City He said the land owner to the south Mr Gallowitz, estimated the value of the property escalated in a range of $200 000 00 per acre He said the northern part of Land Section 7 was going through platting and they were working together TAPE 3 Mr Newman asked if there was a time frame and City Manager Kelly said this was the land owner's estimate City Manager Kelly said the cost increased since the City owned the property and the water and sewer development would increase the cost per acre Mr Newman asked if the City Manager received a report concerning the improvements to the City regarding crimes since the City merged with the Broward Sheriff's Office He said the City Manager indicated that he was concerned with the amount of Driving Under the Influence (DUI) cases there were in the City He said he was concerned about burglaries homicides, purse snatching, auto thefts, rape etc He said he would like to know what the record indicated for the past 6 months compared to the same months one year ago City Manager Kelly said the records were available and he apologized for the delay He said he would send Mr Newman a report as well as reading the report at the next meeting Irving Katz, Resident, said he contacted the Mayor concerning the City not being in conformance with the Comprehensive Land Use Plan He said the Mayor informed him that one of the reasons was because of the matter concerning Florida Power & Light He asked when the development of Land Section 7 was planned and when the project would begin Mayor Abramowitz said last week he received a telephone call from Tallahassee informing him that the City was not found in compliance with the Comprehensive Plan, which the City was aware of Mayor Abramowitz said the City of Coconut Creek was not in compliance because they did not indicate how much beach front they had He said it was impossible for the City of Coconut Creek to have beach front Mayor Abramowitz said when Kelly Carpenter -Craft Director of Community Development was hired by the City the Comprehensive Land Use Plan was a disaster He said Mrs Carpenter -Craft informed the City Council that the City must submit what was available; otherwise, the City would be fined He said Mrs Carpenter -Craft has done a wonderful job in creating the Comprehensive Plan He said approximately 85% of the Cities have been fined for non- compliance Mr Katz said he was not down grading Mrs Carpenter -Crafts ability He said the City could project the development of Land Section 7 and he asked when the development would begin Mayor Abramowitz said the Comprehensive Plan had nothing to do with Land Section 7 19 3/28/90-pw Marvin Seidel Resident, said he asked if the tennis courts) would be built at the Tamarac Sports Complex or Tamarac Parr V/M Hoffman said the tennis courts would be built at the Tamarac Sports Complex Mr Seidel asked if the City would be building only 5 tennis courts and V/M Hoffman said two tennis courts were closed; therefore, there would be three additional courts built at the Tamarac Sports Complex ----------------------------------------------- Melanie Reynolds Resident said in September, 1989, the City Council accepted the redistricting report She said she found it was incorrect and, when she reported it to Mayor Abramowitz she was informed that nothing would be changed Mrs Reynolds said she and Sam Nadan, Resident, went to the Supervisor of Elections Office concerning this matter Shelsaid because nothing was corrected, the candidates ran in the districts that did not have legal boundaries She said this matter was being researched to see if it interferred witl tle election She said the City Council has not approved the correct redistricting; however, she hoped that this matter *culd be rectified before the next election Mrs Reynolds said she finally located Colonel Johnson's picture She said she was wondering where the picture was and why it was not exhibited with the other City Council picturOs She said Mr Johnson was the first person who had his picture made for City Hall and she suggested that the picture be exhibited Mrs Reynolds said the reason the City had an in-house attorney was because between 1971 and 1976, there was an elected City Council with their own Attorney, an elected Charter Boarc with their Attorney and an elected Election Board with their Attorney She said when the Charter was rewritten it was felt that one in --house Attorney could handle the Charter Boarc and the City Council; unfortunately this has not been appropri*te, because the in-house Attorneys have been City Council, Attorneys as opposed to City Attorneys I Mrs Reynolds said she felt that an outside firm could handle much more without prejudice She said an in-house Attorney, wanted to handle only City Council matters i Anthony Grimaldi, Resident, said he resented being ridiculed for asking for a point of order He asked how the residents could reach the City Council without asking for a point of order He said many of the items were acted upon without public input Mr Grimaldi said he did not appreciate the residents not being able to express their concerns however, if he was constantly being criticized for caring for the residents he would fight for the residents Mr Grimaldi said the cost of $ 76 per resident in a single' family home was unjust C/M Rohr asked if the condominiums were paying their yearly fee for fire inspections and City Manager Kelly replied yes 20 3/28/90--pw REPORTS 23 City Council Report Mayor Abramowitz asked the City Council to create a Condominium Wecyciing Task Force that would immediately be enacted He said the City was very successful by having a Census Task Force Committee He said the Federal Government thought very highly of the task force and they sent notification throughout the Country suggesting that the Census Task Force Committee be patented He said he was very pleased and proud of Dina McDermott, Assistant to the City Manager, for having a successful committee Mayor Abramowitz said the Condominium Task Force and the experts from Waste Management, Inc , should work together to implement recycling for the condominiums Mayor Abramowitz asked if Tamarac led the five Cities in compliance and City Manager Kelly replied yes Mayor Abramowitz suggested that a Condominium Task Force be immediately enacted under the supervision of C/M Rohr Mayor Abramowitz said within the next few days, a City Council Special Meeting would be held concerning the report from Carla Coleman pertaining to the suggested changes of the Charter Mayor Abramowitz said at a recent City Council Special Meeting, the City Council directed staff to provide information concerning the illumination of street lights and the installation of sidewalks in the City He asked City Manager Kelly to bring information to the City Council concerning how these projects would be funded He said he would like the information to state what the cost would be for each individual resident He said this matter may go to a referendum for the people to decide C/M Schumann - No report C/M Rohr reported that on March 21, 1990 at 1:00 P M he met with David Ritz, City Manager of Oakland Park at his office He said they drove to the Royal Palm Condominium and a demonstration of their recycling procedure was given He said this was a very considerate action because there was a special truck and two employees available to show him how Oakland Park was operating to solve the multi -family recycling problem C/M Rohr said Royal Palm Condominium consisted of 20 buildings four stories high He said there was a ground floor dumpster room and each floor above contained a small enclosed space where the garbage shoot was located He said very small areas were provided with three or four plastic milk type containers He said the residents threw their regular garbage down the shoot however newspapers aluminum cans and glass bottles had to be separated and placed in the plastic containers marked accordingly C/M Rohr said prior to pickup by the recycling truck the building maintenance man took the accumulated items down to the recycling dumpster located in the parking lot He said Mr Ritz was the originator of the recycling program and a special garbage dumpster was designed He said the dumpster contained three sections and each section was marked for each item He said the recycling truck lifted the dumpster and unloaded the material into the sections in the truck He said Mr Ritz indicated that condominiums had to be dealt with individually C/M Rohr said the City of Oakland Park has always had their own garbage removal department He said there were approximately 5 500 single-family and approximately 6,000 multi -family homes in Oakland Park He said the single- family garbage pickup was $11 85 per month and multi -family 21 3/28/90--pw homes paid on the basis of number of pickups per month and the size of dumpster required He said the income from the recycling material resulted in a break-even situation Ye gaid newspaper was $10 00 per ton and aluminum recently increased from $700 00 to $850 00 per ton He said the net profit for glass was $45 00 per ton i C/M Rohr asked the City Council if they agreed to beginning negotiations with Waste Management, Inc , concerning the st*rt of condominium recycling He said the program would entail aluminium and glass in addition to newspapers Be said in the near future, they would have a condominium program implemented Mayor Abramowitz asked how the dumpsters were able to dump the material in separate compartments of the truck and C/M Rohr said the truck had the same separate compartments as the dumpster He said the dumpster was picked up the same way the truck was created C/M Bender - No report V/M Hoffman said the Assistant to the City Manager informed him about the applications for grants from the State He said the City applied for a grant to purchase two ambulances at $55 000 00 per ambulance He said the conditions would be that the State pay for one ambulance and the City would pay for the other V/M Hoffman said the grant would also provide the City with $75,000 00 toward one year salary for six additional Firefighters and EMS Personnel He said if the grant was approved, the money would be submitted to the City in July, 1990 and the City would have 15 months to match the funds He s43d if the City decided not to match the funds, the money could1be returned to the State He said this would allow the City to make a final determination as to whether the City should have their own ambulance service V/M Hoffman said the City applied for a grant in the amount',of $15 135 00 to purchase Saws of life He said this equipment was used to pull open cars that were in an accident He said this equipment was very important because it would assist in saving lives He said this grant was a 50/50% City/State participation He said the City would have the ability to determine if they wanted their own ambulance service V/M Hoffman said he asked that the applications be given because the City may have lost the opportunity if the applications were not provided when he and Dina McDermott, Assistant to the City Manager discussed it V/M Hoffman said the City was not obligated to anything He said if the City decided not to go with the grants, the nonel, could be returned to the State 24 City Manager Report City Manager Kelly said the Census Bureau certified peopleiwho would be available on Tuesday, Wednesday and Thursdays fromil 0 0 P M to 4 00 P MI in the Finance Department He said these people would assist anyone who needed assistance in fillinglout the Census City Manager Kelly said the Growth Management Plan did not refer to the issuance of development orders in certain areas Me s&id the cost for three traffic improvement projects were to be funded by the County He said the standards had to be addressed in the near future He said substation matter had to be resolved because it was very important 25 City Attorney Report - No report 1 1 1 22 3/28/90--pw 1 1 With no further business Mayor Abramowitz ADJOURNED this meeting at 11 15 A M L w NORMAN ABRAMOWITZ, MAYOR i Y "This public document was promulgated at a cost of $97 32 or 43 - 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 23 3/28/90--pw