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HomeMy WebLinkAbout1992-05-27 - City Commission Regular Meeting Minutes7525 Northwest 88 ]►venue Tamarac, FL 33321--2401 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MAY 27, 1992 - - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUQXION 1, a. PaXSENTATTON by City Manager Kelly of five-year service awards to DOROTHY OPALKO, School Crossing Guard, and LAUREN SCOTT, Recreation Department. b• PRESENTATTON by City Manager Kelly of a ten-year service award to LEONARD NICROTRA, Public Services Department. FINAL ACTION" 1.a. Presentations were made to Dorothy Opalko and Lauren Scott. 1.b. Leonard Nicrotra will be presented his award upon return from vacation by City Manager Kelly. 2, PRESZETATION by Tamarac T-Ball, Inc., of plaques to the Mayor, Council and other City officials. FINAL ACTION* Presentations were made to Mayor Bender, V/M Schumann, C/M Katz, C/M Schreiber, C/M Abramowitz, City Manager Kelly, Mike Couzzo, Director of Public Services and Alan Levine, Public works Operations Manager, by Mark Hein, President of Tamarac T-Ball, and John Pellegrini, President of Tamarac Athletic Federation. 3. PRESENTATION by Mayor Bender of a Certificate of Appreciation to Glenn Meyers, President, Sunniland Bank for a donation in the amount of $2,000.00 for the City's July Fourth celebration. FINAL AC11ONo Presentation was made by Mayor Bender to Glenn Meyers, President of Sunniland Bank. 5/27/92 Page 1 4. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. 5. Items listed under Consent Agenda, Item 5, are viewed to be routine and the recommendation will be enacted by ONE NOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPROVE the minutes of the following City Council meetings. 1. 4/22/92 -- Regular Meeting 2. 5/13/92 - Regular Meeting FINAL ACTION• APPROVED b. MOTION TO APPROVE renewal of a model sales permit for HIDDEN HARBOUR for a six-month period from 6/24/92 to 12/24/92. u C. MOTION TO APPROVE a model sales facility for GRANVILLE BUILDING "J", along with a waiver of ten parking spaces and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 5/27/92 to 11/27/92. d. MOTION TO ADOPT Temp. Reso. #6246 requesting that the Broward County Board of Rules and Appeals amend Section 4620 of the South Florida Building Code to conform with Florida Administrative Code Section 17-555.360 and American Water Works Association guidelines pertaining to cross connection and backflow prevention control for community water systems (tabled on 5/13/92). FINAL ACTION: RESOLUTION R-92-84-PASSED Removed for discussion and then APPROVED with conditions that Staff research the advisability of retaining in multi -family units the backflow preventers and researching and possibly amending the fee structure for rei.nspection by City Staff. 5/27/92 Page 2 e• NOTiQN 0 ADOPZTaMR. ResQ- #6287 approving the reapportionment plan of the Broward County Metropolitan Planning Organization. FINAL &QTION" APPROVED RESOLUTION R-92-83-PASSED f. MOTION_ TO ADOPT T$mp Reso„- #6290 authorizing the Tamarac Athletic Federation to sell beer at the 114th of July Celebration 1992" on Saturday, July 4, at the Tamarac Sports Complex, 9901 NW 77 Street. $ANAL AQTION" RESOLUTION R-92-85-PASSED Removed for discussion and then APPROVED 6. a. to the contract with Infilco Degremont providing for a credit to the City in the amount of $2,550.00 due to installation of a different type of aluminum handrail for TUW Project 89-40, Water Treatment Plant Upgrade - Phase II. b. Final Release of Lien as prepared by Infilco Degremont for materials furnished for TUW Project 89-40, Water Treatment Plant Upgrade - Phase II (warranty bond on file). C. MOT1QN TO AXPROVE final payment in the amount of $20,950.50 to Infilco Degremont for work done on TUW Project 89-40, Water Treatment Plant Upgrade - Phase II. FINAL ACTION* APPROVED 6.a., 6.b., and 6.c. 7• authorizing the City Manager to apply for financial assistance in the amount of $20,000.00 from The Broward County Tree Trust Fund Program for the beautification of medians within THE BOULEVARDS neighborhood. ,: • •, F.Mi-M60:4 RESOLUTION R-92-86-PASSED 8• authorizing the City Manager to apply for financial assistance in the amount of $39,634.00 from The Broward County Tree Trust Fund Program for the beautification of medians on Nob Hill Road from Commercial Boulevard to the 6000 block of Nob Hill Road. FINAL &Q2JQXL RESOLUTION R-92-87--PASSED APPROVED 5/27/92 Page 3 9. MOTION TO, ADOPT TeM _ Re912,,86291 authorizing the City Manager to apply for financial assistance in the amount of $20,000.00 from The American Conservation Fund for the development of the Outdoor Learning Center Project located behind the TAMARAC MULTI -PURPOSE CENTER at 7531 N. University Drive. FINAL ACTjQXL RESOLUTION R-92-88-PASSED APPROVED 10. authorizing the appropriate City officials to execute an Agreement with Bench Ads of Tamarac, Inc., for erecting and maintaining bus benches within the City of Tamarac. FINAL ACTION; A. TABLED to City Council Special at 9:30 a.m. at the request of Meeting of May 28, 1992 to be held the Petitioner. 11. awarding Bid #92-13 in the amount of $128,882.00 to Man -Con, Inc., for the construction of TUW Project 90-12, 44 Street 12-Inch Water Line Extension to Woodlands Country Club with funding from Account #425-364-533-6HF. FINAL ACTION RESOLUTION R-92-89-PASSED APPROVED 11 12, on first reading amending Chapter 12 of the Code concerning occupational licenses by providing for a restricted residential (home) occupational license. FINAL ACTION: APPROVED as amended on first reading. Public hearing and second reading will be held on Wednesday, June 10, 1992 at or after 7:30 p.m. 13, on first reading amending Chapter 11 of the Code by removing the requirements for obtaining a tree pruning permit by multi -family and non- residential projects. FINAL ACTION: APPROVED on first reading. Public hearing and second reading will be held on Wednesday, June 10, 1992 at or after 7:30 p.m. 5/27/92 Page 4 14. on first reading concerning a request by After, Inc., to rezone lands described as the east 380-feet of Parcel "R" of Woodland Lakes, which are located south of McNab Road and east of NW 88 Avenue, from B-6 (Business District) to R-3 (Low -Density Multifamily District). Petition #38-Z-91 FINAL ACTION: Public Hearing was held. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, June 10, 1992 at or after 7:30 p.m. 15. - on second reading adding Section 16-229.5 to the Code authorizing the Pension Board to attempt to recoup monies paid for claims from liable third parties via subrogation. FINAL ACTION: ORDINANCE 0-92-27-PASSED Public Hearing was held. APPROVED on second and final reading. 17. City attorney The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk 5/27/92 Page 5 City Council Regular Meeting 5/27/92/KJ Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 27, 1992 Mayor Bender called this meeting to order on Wednesday, May 27, 1992 at 9:00 a.m. in the Council Chambers of City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. PLEDGE OF AL Mayor Bender called for the Pledge of Allegiance. PRESENT: Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Irving Katz Councilman Joseph Schreiber ASSENT Mp EXCuSED Councilman Norman Abramowitz ALSO PRESENT: John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ****************************************************************** 5. d, requesting that the Broward County Board of Rules and Appeals amend Section 4620 of the South Florida Building Code to conform with Florida Administrative Code Section 17-555.360 and American Water Works Association guidelines pertaining to cross connection and backflow prevention control for community water systems (tabled on 5/13/92). SYNOPSIS O]E ACIJON_, Removed for discussion. (See Page 4 for final action) C/M Schreiber MOVED to REMOVE Item 5.d. for discussion, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 5. f• authorizing the Tamarac Athletic Federation to sell beer at the 114th of July Celebration 1992" on Saturday, July 4, at the Tamarac Sports Complex, 9901 NW 77 Street. SXNOPSTS OF ACTION - Removed for discussion. (See Page 6 for final action) C/M Schreiber MOVED to REMOVE Item 5.f. for discussion, SECONDED by C/M Katz. VOTE: ALL VOTED AYE City Council Regular Meeting 5/27/92/KJ Page 2 10. MOTION TO. ADOPT_TeMR__ ResQ__ #6ZU authorizing the appropriate City officials to execute an Agreement with Blench Ads of Tamarac, Inc., for erecting and maintaining bus benches within the City of Tamarac. SYNOPSIS OF ACTION: TABLED to City Council Special Meeting of May 28, 1992 to be h ld at 9:30 a.m. at the request of the Petitioner. C/M Katz MOVED to TABLE Temp. Reso. #6294, SECONDED by C/M Schreiber. "•1." ALL VOTED AYE 1. a. PRESENTATION by City Manager Kelly of five-year service awards to DOROTHY OPALKO, School Crossing Guard, and LAUREN SCOTT, Recreation Department. b . PRESENTA13:QN service award Department. by City Manager Kelly of a ten-year to LEONARD NICROTRA, Public Service SYNQPjjIS OF ACTION: 1.a. Presentations were made to Dorothy l.b. Leonard Nicrotra will be presented vacation by City Manager Kelly. Opalko and Lauren Scotjt. his award upon return (from 2. PRESENZATION by Tamarac T-Ball, Inc., of plaques to the Mayor, Council and other City officials. SYNOPSIS OF ACTION: Presentations were made by Mark Hein, President of Tamarac T-B 11, and John Pellegrini, President of Tamarac Athletic Federation to Mayor Bender, V/M Schumann, C/M Katz, C/M Schreiber, C/M Abramowitz, City Manager Kelly, Mike Couzzo, Director of Public Services and Alan Levine, Public Works Operations Manager. 4. PUBLIC P=jr.IPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Nathan Peretzman, resident, expressed his concerns regarding the monies involved with the Medics Ambulance Service. Walter Rekuc, resident, expressed his concerns regarding previous City employee, Maureen Hoefner, and requested that she be maintained on the payroll while hearings are being held. Howard Kleinschmidt, resident, expressed his concerns regarding the placement of the FP&L light poles on Westwood Drive and requested the power lines be placed underground. Mr. Kelly said Jim Butcher, FP&L representative, is present and can explain this following the meeting. Alex Elkin, resident, expressed his concerns regarding the power lines on Westwood Drive and suggested they be run underground.' Kelly Carpenter, Director of Community Development, said in researching this she found the following: 1) this is a distribution line which is covered by the franchise agreement, 2) this ties the service west of Nob Hill Road to the service east of Nob Hill Road, and 3) FP&L began locating this at least six months City Council Regular Meeting 5/27/92/KJ Page 3 prior to the time that Lennar Homes was doing the site plan for the Malvern project. Ms. Carpenter said the City will be issuing a permit for the installation of these overhead lines and the franchise does not require the distribution lines to be underground. She said there is a meeting scheduled for Friday, May 29, 1992 in the City Attorney's office between the City and FP&L concerning certain permitting issues which have not been resolved. She said she had offered that the neighborhood could meet with Mr. Butcher concerning the design parameters which caused the lines to be located so that they would criss-cross Westwood Drive. C/M Schreiber asked if there is anything that could be done by the City to convince FP&L and Lennar Homes to place the lines underground. Ms. Carpenter said the City does not require the distribution lines to be underground and the problem is money. Mr. Kelly suggested that negotiations be held regarding this. C/M Abramowitz said in a previous situation, the City had discussed this with FP&L and found that the easements in front were loaded with water and sewer mains and other such piping required. He said FP&L had stated they were willing to go underground but would have to do so by going ten feet into someone's property. Mayor Bender asked what size line this would be and Mr. Butcher said the FP&L lines to be installed are three phase lines which are 13KB and are standard distribution lines. Mayor Bender said it behooves FP&L to negotiate regarding this. Mr. Butcher said the criteria for placing the line underground is based on the overhead versus underground differential cost and the responsible party for the cost would be either the builder or the City or anyone else who would want to put the money up to do so. C/M Schreiber asked how muph is being discussed and Mr. Butcher said he would research that information. Mayor Bender said when making a capital improvement, the cost for utilities is usually absorbed and distributed back to the residents or users. Mr. Kelly asked who will be participating in the meeting on Friday and Ms. Carpenter said the meeting was called by the Engineering Department and the attendants will be FP&L, the City Engineers and the City Attorney and Mr. Kelly said he would also be attending. V/M Schumann asked if the footage being used by FP&L is an encroachment and Mr. Butcher said if FP&L does not have an easement at the particular location, then a line cannot be placed there. Ms. Carpenter said she believes that the first ten feet of the property is right-of-way and then the second ten feet is easement. Howard Stransky, resident, expressed his concerns regarding the placement of the light poles on his property and requested that the lines be placed underground. City Council Regular Meeting 5/27/92/KJ Page 4 3. PRESENTATION by Mayor Bender of a Certificate of Appreciation to Glenn Meyers, President, Sunniland Bank for a donation in the amount of $2,000.00 for the City's July Fourth celebration. Presentation was made by Mayor Bender to Glenn Meyers, Preside t of Sunniland Bank. Glenn Meyers, President of Sunniland Bank, expressed his appreciation for the Certificate of Appreciation from the City. CONSENT &GEND 5. Items listed under Consent Agenda, Item 5, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then 'the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPRM the minutes of the following Cit Council meetings: 1. 4/22/92 - Regular Meeting 2. 5/13/92 - Regular Meeting V4U*)* 00T•�F�•i; i# -• b KQTIQN-, TO APPROVE renewal of a HIDDEN HARBOUR for a six-month 12/24/92. FAU206"T model sales permit for period from 6/24/92 Ito C. MOTION TO APPROVE a model sales facility for GRANVILLE BUILDING "J", along with a waiver of ten parking spaces and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 5/27/92 to 11/27/92. e . MOTIONMO::ION TO ADOPT ,-TemR—Reso _, #6287 approving the reapportionment plan of the Broward County Metropolitan Planning Organization. SYNOPSIS OF ACTION: RESOLUTION R-92-83-PASSED APPROVED C/M Abramowitz MOVED to APPROVE the Consent Agenda, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE City Council Regular Meeting 5/27/92/KJ Page 5 5. d. requesting that the Broward County Board of Rules and Appeals amend Section 4620 of the South Florida Building Code to conform with Florida Administrative Code Section 17-555.360 and American Water Works Association guidelines pertaining to cross connection and backflow prevention control for community water systems (tabled on 5/13/92). RESOLUTION R-92-84-PASSED Removed for discussion and then APPROVED with conditions that Staff research the advisability of retaining in multi -family units the backflow preventers and researching and possibly amending the fee structure for reinspection by City Staff. Mr. Kraft read Temp. Remo. #6246 by title. C/M Abramowitz MOVED to APPROVE Temp. Reao. #6246, SECONDED by V/M Schumann. C/M Schreiber asked how the City benefits by eliminating the backflow prevention device which is supposed to prevent contamination of the potable water. C/M Abramowitz said approximately three years ago, the Board of Rules and Appeals, which is comprised of all tradesman, attempted to put through this retrofitting and backflow prevention and at that time, they wanted an installation fee and a permit and a $100 per year inspection fee which was to be done by a group called Plumbers and Plumbers Only. C/M Abramowitz said the Fire Department states that every complex or home which has a sprinkler system, has a backflow preventer built into it and if another was added, it could possibly be a danger based on it reducing the water pressure. He said this is a fight between the plumbers and the elected officials of all of the cities. C/M Abramowitz said the water pressure in the City of Tamarac is 65 P.S.I. and in order for there to be any danger, there would have to be a catastrophic accident to the City's Utility Department to reduce the pressure to 20 P.S.I. He quoted from a document regarding the backflow preventers. (See Attachment 1) C/M Abramowitz said the City's Building Department has been threatened by the Board of Rules and Appeals and told to insist that all facilities install a backflow preventer which would cost permit and installation fees but will also cost yearly inspection fees. C/M Abramowitz said there are six cities which have not passed a resolution regarding this. He said they request Council give consideration to this. Mayor Bender said this is a resolution to submit support for the Broward League of Cities' position in this matter. C/M Katz said his concerns are for the multi -family dwellings. TAPE 2 C/M Katz requested information regarding the City's position and the liabilities and the fee structures. C/M Abramowitz said the Broward League of Cities agrees that if a complex has a swimming pool or a kitchen in a clubhouse, retrofitting is a requirement. He said this is to support professional research on this to find out if it is a danger or another way to extract money from the homeowner of a single-family or multi -family unit. City Council Regular Meeting 5/27/92/KJ Page 6 C/M Abramowitz said he would like the City to be in compliance with the other cities. C/M Schreiber asked if backflow preventers are necessary and C/M Abramowitz said the Fire Department feels that adding another backflow preventer in a situation where there is a sprinkler system, could possibly endanger the water pressure in case of fire. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6246. C/M Schreiber asked how many residential structures are there in the City which have sprinkler systems and C/M Abramowitz said be does not have an exact amount but there are thousands. SECONDED by V/M Schumann. C/M Katz requested that a provision be made that the City Staff, research the advisability of retaining in multi -family units, the backflow preventers and researching and possibly amending the fee structure for reinspection by the City Staff. VOTE: ALL VOTED AYE OccuRational Licenses 5. f. MOTION TO ADOPT Temv_.Reso- #6290 authorizing th Tamarac Athletic Federation to sell beer at the 114th of July Celebration 1992" on Saturday, July 4, at the Tamarac Sports Complex, 9901 NW 77 Street. SYNOPST3 OF ACTION: RESOLUTION R-92-85-PASSED Removed for discussion and then APPROVED Mr. Kraft read Temp. Reso. #6290 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6290, SECONDED by C/M Abramowitz. C/M Schreiber requested that a Certificate of Insurance be provided to the City by the Tamarac Athletic Federation. John Pellegrini, President of the Tamarac Athletic Federation, said he has it with him. VOTE: ALL VOTED AYE 6. a. MOTION TO APPROVE Change Order #1 to the contract with Infilco Degremont providing for a credit to the City in the amount of $2,550.00 due to installation of a different type C."`aluminum handrail for TUW Project 89-40, Water TreatmentPlant Upgrade - Phase II. b. MOTION TO ACCEPT Final Release of Lien as prepared by Infilco Degremont for materials furnished for TUW Project 89-40, Water Treatment Plant Upgrade - Phase II (warranty bond on file). C. MOTION TO APPROVE final payment in the amount of $20,950.50 to Infilco Degremont for work done on TUW Project 89--40, Water Treatment Plant Upgrade - Phase II. APPROVED 1 L. City Council Regular Meeting 5/27/92/KJ Page 7 6.a. C/M Abramowitz MOVED to APPROVE Item 6.a., SECONDED by V/M Schumann. Mike Couzzo, Director of Public Services and Assistant City Manager, said this is an item where the Utilities Department had purchased an accellator. He said this is a handrail which was supposed to be continuous aluminum weld; however, the City received a bolted handrail. He said Infilco Degremont is providing the City with a total credit for the aluminum handrail and the City is currently the beneficiary of a bolted handrail at the cost of $2,550.00. V/M Schumann asked if this handrail has the same structural sufficiency as the continuous aluminum weld and Mr. Couzzo said it does and the City Staff can weld it if chosen to do so. Mr. Couzzo said the City is getting a 100% deduction for the handrail. VOTE: ALL VOTED AYE 6.b. C/M Abramowitz MOVED to APPROVE Item 6.b., SECONDED by C/M Schreiber. Mr. Couzzo said this is standard procedure in the closing of a contract and the City Attorney has reviewed and recommended approval of this. VOTE: ALL VOTED AYE 6.c. C/M Abramowitz MOVED to APPROVE Item 6.c., SECONDED by C/M Katz. Mr. Couzzo said this is the final payment which is required to come before Council on this project. He said the materials were supplied in accordance with the City's specifications. VOTE: ALL VOTED AY$ 7• authorizing the City Manager to apply for financial assistance in the amount of $20,000.00 from The Broward County Tree Trust Fund Program for the beautification of medians within THE BOULEVARDS neighborhood. SYNOPSIS OF AQTION! RESOLUTION R-92-86-PASSED APPROVED Mr. Kraft read Temp. Reso. #6292 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6292, SECONDED by V/M Schumann. Dina McDermott, Assistant City Manager, said this is a grant application for the beautification of the Boulevards median in Tamarac. She said the City is requesting $20,000 from the Broward County Tree Trust Program. She said at present, the City does not have funding for irrigation of the medians involved. She said if the City receives approval for funding for the City, the City would be responsible for the maintenance. VOTE: ALL VOTED AYE City Council Regular Meeting 5/27/92/KJ Page 8 8, authorizing the City Manager to apply for financial assistance in the amount of $39,634.00 from The Broward County Tree Trust Fund Program for the beautification of medians on Nab Hill Road from Commercial Boulevard to the 6000 block of Nob Hill Road. SYNOPSIS OF ACTION_ RESOLUTION R-92-87-PASSED APPROVED Mr. Kraft read Temp. Reno. #6293 by title. C/M Abramowitz MOVED to APPROVE Tamp. Reno. #6293, SECONDED by V/M Schumann. Ms. McDermott said this is a grant application for beautification of the Nob Hill Road median from Commercial Boulevard to the 60'00 block of Nob Hill Road. She said the City is requesting $39,634.00 from the Broward County Tree Trust Program. She said the City dices have funding for irrigation for this project from other grant funds in the amount of $40,000 in line for the location. She said this median will be a model median for other plantings throughout the City using Xeriscape and native plants. She said if the City receives approval for funding, the City would be responsible fo' the medians and irrigation system. C/M Schreiber asked why the City is applying for this when thes funds could be used in other areas in the City and be more beneficial. C/M Abramowitz asked if this will run from Commercial Boulevard to the area in front of the Public Service Complex and Ms. McDermott said, yes. Ms. McDermott said the matching funds being used are earmarked 'for the facility in front of the Public Service Complex to Commercial Boulevard. She said this is an attempt to establish an entrance ay feature in the City. She said the funds being utilized were earmarked for irrigation of entranceway features coming off the Sawgrass Expressway and cannot be used anywhere else other than in that general vicinity. C/M Abramowitz asked if this is a matching grant and Ms. McDermott said she is applying for a matching grant. She said there is an opportunity for the City to receive grant funds from the County if the funds are matched by the City. Ms. McDermott said the County funds can go anywhere within the City, however, the funds being matched by the City can only be used in this particular area. V/M Schumann asked why and Ms. McDermott said it is from another grant. She said the County Tree Trust Program can go anywhere within the City boundaries, but the opportunity to get grant funds is greater if the City matches the funds. C/M Abramowitz asked if the source of the $40,000 can only be applied to that area and Ms. McDermott agreed. C/M Abramowitz asked if there is another area in the City where the $40,000 can be applied with a matching grant and Ms. McDermott said the City does not have a lot of money for irrigation and there is not a lot of money in the budget for City-wide beautification. C/M Abramowitz asked if there is a timeframe involved and Ms. McDermott said, yes, there is a meeting scheduled for June 8, 1992 for this grant, which would then be presented to Broward County prior to the County vacation of June 23, 1992. C/M Katz said there are other areas in the City which have a lack of foliage and trees and requested that each district of the City Fi 1-1 City Council Regular Meeting 5/27/92/KJ Page 9 stand on its own merit. He said if between the homeowners who want to could get additional grant money, VOTE: there is a cooperative effort subsidize this and if the City it would be good. ALL VOTED AYE PUBLIC HEARINGS - IQ-00 14. on first reading concerning a request by After, Inc., to rezone lands described as the east 380-feet of Parcel "R" of Woodland Lakes, which are located south of McNab Road and east of NW 88 Avenue, from B-6 (Business District) to R--3 (Low -Density Multifamily District). Petition #38-Z-91 SYNOPSIS OF ACTION - Public Hearing was held. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, June 10, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1608 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1608, SECONDED by V/M Schumann. Kelly Carpenter, Director of Community Development, said this is an application by After, Inc., for a rezoning from B-6 to R-3. She said this is the east 380 feet of Parcel R of Woodland Lakes, Plat Book 71, Page 18. She said this is located south of McNab Road and east of NW 88 Avenue. Ms. Carpenter said on September 11, 1991, Council approved on first reading, an application for a Land Use Plan amendment for this parcel from -Commercial to Low -Medium Residential, 6 to 10 dwelling units to the acre and during the last Council meeting of May 13, 1992, this was approved on second reading. Ms. Carpenter said this request will rezone that property in conformance with the Land Use Plan amendment. She said the surrounding uses are as follows: north -commercial, east - recreation, south -recreation, and west -commercial, B-2, which is undeveloped. Ms. Carpenter said the rezoning to R-3 will bring the existing buildings on the site into conformity with the City's Zoning Codes and will allow them to become conforming with the Building Codes. She said the site will have density which is permitted by the Land Use Plan as it is currently constructed. Ms. Carpenter said Staff and the Planning Commission recommend approval. Mayor Bender OPENED and CLOSED the Public Hearing with NO RESPONSE. VOTE: ALL VOTED AYE 15. on second reading adding Section 16-229.5 to the Code authorizing the Pension Board to attempt to recoup monies paid for claims from liable third parties via subrogation. ORDINANCE 0-92-27-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1607 by title. City Council Regular Meeting 5/27/92/KJ Page 10 C/M Schreiber MOVED to APPROVE Temp. Ord. #1607, SECONDED by C/M Katz. C/M Abramowitz requested information regarding this item. Mayor Bender said this is a case which was brought before the Pension Board giving them the legal right to go after the liability of a third party via subrogation, so that the Pensioln Fund can recoup some of the money it has been paying out. Mayor Bender OPENED and CLOSED the Public Hearing with NO RESPONSE. VOTE: ALL VOTED AYE 9• authorizing the City Manager to apply for financial assistance in the amount of $20,000.00 from The American Conservation Fund for the development of the Outdoor Learning Center Project located behind the TAMARAC MULTI -PURPOSE CENTER at 7531 N. University Drive. SYH929I3 OFACTION•_ RESOLUTION R-92-88-PASSED APPROVED Mr. Kraft read Temp. Reso. #6291 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6291, SECONDED by C/M Schreiber. Ms. McDermott said this is a grant application for $20,000.00 for further development of the Outdoor Learning Center behind the Multi -Purpose Center. She said there is no match required. C/M Katz asked if there is a grant closing in July and Ms. McDermott said the City Manager's Office and the Planning Staff are currently working on the America the Beautiful Grant which has $200,000.00 available for the State of Florida. Ms. McDermott said she will be attending a meeting to find out what the requirements and guidelines are for this grant. She said there is another program which has $500,000.00 available if sponsoring small business. She said there are many grant programs which the City cannot get due to having a population under 50,000. Mayor Bender asked what the outcome was regarding the letter sent to the Census Bureau requesting their consideration of allowing for the City to receive the 15% deviation of accuracy of their report. Ms. Carpenter said the City did receive a response from the Census Bureau in Atlanta stating that the City's request would be considered with all of the other requests nationally. She said it was late last year when the Census Bureau took the position that they would not change any numbers. She said the numbers which have been changed are those which went to litigation. She said she feels that the City does not have a sufficiently strong case to convince the Census District that the City has an additional 5,000 residents. Discussion was held regarding the census count of the City and the possibilities of having the count adjusted. C/M Abramowitz suggested a workshop be held to discuss the various options with the City and Mayor Bender agreed that this be researched thoroughly. C/M Katz suggested that the City do an in-house census to determine if there is such a discrepancy which would give the City an additional 10%. City Council Regular Meeting 5/27/92/KJ Page 11 Mr. Kelly said when a City appeals the State Census Bureau, the City is responsible to fund the recount and house the people doing the census for a couple of weeks. He said he can not give Staff support for this. Ms. McDermott said the Federal, State and Local grant availability is shrinking quickly and there is more of a requirement to provide matching funds. She said the City must be willing to support the continuation of providing matching funds and to identify this. VOTE: ALL VOTED AYE 11, awarding Bid #92-13 in the amount of $128,882.00 to Man -Con, Inc., for the construction of TUW Project 90-12, 44 Street 12-Inch Water Line Extension to Woodlands Country Club with funding from Account #425-364-533-6HF. RESOLUTION R-92-89-PASSED APPROVED Mr. Kraft read Temp. Reso. #6289 by title. C/M Katz MOVED to APPROVE Tamp. RasO. #6289, SECONDED by V/M Schumann. Mike Couzzo, Director of Public Services/Assistant City Manager, said this project has been in the works for the past three or four years and it was originally attempted to be completed in --house. He said this was to provide additional water pressure to the Woodlands area and fire protection to the area including the Country Club where there is inadequate service at present. Mr. Couzzo said the Utilities Department undertook this project years ago and it was analyzed in 1991 and it is felt that the City would be able to handle it more efficiently, effectively and economically if it were sent out. He said the project has been stopped halfway down Rock Island Road. Mr. Couzzo said this is a contract to install piping that the City currently has in supply. He said the City had to make arrangements and the project became more complex where the Utilities Department attempted to work with the County to install an easement to continue the project, which was unsuccessful. He said the City worked closely with the Homeowner's Association in Woodmont and an easement was granted on NW 44 Street, adjacent to the golf course. Mr. Couzzo said this is an award of the contract and the funds are in the budget to do this. He said the Staff feels that the bids received were very competitive and the installation of all of the materials will provide adequate fire suppression in the Woodlands area and the City will be installing additional hydrants along the north side of NW 44 Street for future development. Mr. Kelly said there were seven bidders, the bids ranged up to $236,000 and this bid is $112,000 less and the City has had previous experience with Man Con, Inc. C/M Schreiber asked how this became fire -flow deficient and Mr. Couzzo said this dates back prior to the Utilities being turned over to the City. C/M Schreiber asked if these were inspected by the City and Mr. Couzzo said the plans were submitted and approved, but he did not know all of the details. TAPE 3 C/M Abramowitz said is the past, he was told that there was not enough pressure to fight fires in Section 6 and Woodlands Country City Council Regular Meeting 5/27/92/KJ Page 12 Club. He said the City attempted to cut corners by doing it in- house, but if it is felt that it cannot be done in-house costwise and efficiencywise, then it should be sent out. Mr. Couzzo said the City staff are not construction workers and this, in his opinion, is a major construction project. VOTE: ALL VOTED AYE 12. MOTION TO ADOPT Temv. Ord. #1577 on first reading amending Chapter 12 of the Code concerning occupational licenses by providing for a restricted residential (home) occupational license. 3YNOPSIS ,,, Olr ACTION APPROVED as amended on First reading. Public hearing and second reading will be held on Wednesday, June 10, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1577 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1577, SECONDED by C/M Abramowitz. Ms. Carpenter referred to Page 2 of the Ordinance and stated that the entire page needs to be underlined and on Page 3, all should be underlined with the exception of Section 2 and Section 3. Ms. Carpenter said this is an ordinance which will allow the City to issue occupational licenses to people operating a business ut of their homes. She said this sets performance standards for t ose businesses rather than setting a list of businesses which woul be acceptable in a home and a list of businesses not acceptable. Ms. Carpenter said the performance standards include the following: no sign permitted; no vehicles with signs are to be allowed except when parking in a closed garage; the person operating the business cannot create, store, distribute, repair or sell merchandise that would be visible off -premises; the business may have no employees on -premises except members of a family; no pickups or deliveries, except for family home day care; no noise, smoke or odors; no traffic to be generated over and above residential traffic in the neighborhood; smoke detector and fire extinguishers are required; a fire inspection is required prior to the issuance of the occupational license. Ms. Carpenter said Council is giving the authority to approve or disapprove home occupations for residences. She said in all other incidents, occupational licenses are issued by the Occupational License Clerk pending an investigation as to whether or not they are in an approved zoning category and if they have a Certificate of Occupancy. Ms. Carpenter said the reasoning behind this ordinance is as follows: 1) At present, the City has 154 mailbox locations and very frequently, people that cannot operate a business out of their home will acquire a commercial post office box to make themselves legal and then operate out of their home. 2) There are a number of professions which can currently operate out of a home and cause zero impact on the neighborhood, such as telephone businesses, computer work and such work. City Council Regular Meeting 5/27/92/KJ Page 13 11 C/M Katz said his concern is if the City is not going to preempt the deed restrictions of Homeowner Associations and the by-laws of Condo Associations. Ms. Carpenter said if a Homeowner's Association is going to object to it, then that would be a civil matter between themselves and the person making the application and she gave examples of this. V/M Schumann asked about a list of permitted businesses and Ms. Carpenter said rather than list the businesses which can be approved or not approved, the standards have been listed which the businesses must meet. C/M Abramowitz asked why Staff is deviating from the general accepted practice in the City and leaving the discretion to Council rather than the Occupational Licensing Department. Ms. Carpenter said Staff felt that home occupations would be a very sensitive issue in the City and that Council may want to keep its legislative power over this. C/M Abramowitz said that is the reason he is not comfortable with this. He said if a person meets the criteria as described, then the license should be issued. C/M Katz suggested that the applicant get a sign -off from the Homeowners or Condo Association to allow for the business being operated out of the home. V/M Schumann asked about the enforcement against those who do not apply and receive a license to operate out of their home. Ms. Carpenter said that is located elsewhere in Chapter 12, where the occupational license is required in order to operate a business. V/M Schumann asked what this ordinance does that Chapter 12 does not do and Ms. Carpenter said the Law states that if a person runs a business in Tamarac, then an occupational license is required. She said further in the ordinance, it states that the City does not allow businesses in residential zones and this ordinance will permit such businesses. C/M Schreiber asked if this is being developed due to the City not enforcing the Code at present. He said there are so many empty storefronts and to allow people to run businesses out of their homes would defeat the purpose of outside businesses to rent these locations. He said he does not feel that home occupancy is necessary in this type of City and should not be permitted. He said he feels this is just a method and means for the City to raise money and it is not beneficial to the City. Mayor Bender said the economy is such that one income in many homes is not sufficient to live on. He said there are many people who can work but have families. He said a person can work out of their home to help support their family and take care of the small children. He said Council should not be given the opportunity to approve or disapprove but the ordinance should stand on it own merits. Mayor Bender said Council should not vote on the approval of an occupational license every time somebody applies for it. C/M Katz said the City should require that approval be acquired asking for no deed restriction against the type of business and the permission of the Condo Association for the use. Mr. Kraft said his concern would be that this would place the City in the middle of a civil dispute between the private citizen and the Homeowners Association and he could not recommend this be included in the ordinance. He stated that the appropriate language to be included would be that this license in no way impacts upon City Council Regular Meeting 5/27/92/KJ Page 14 any private matters between the resident and the Condo Association and if there are any deed restrictions, they should look to the Condo Association to make sure that this is a proper use of their property. i C/M Abramowitz suggested this be taken out of the hands of Council. He asked if there is a possibility that the City can place a statement regarding the City not being responsible so the City does not get in a situation with the Condo Associations. Mr. Kraft said the City can add language that this will not preclude or eliminate any private requirements the Condo Associations may have. Mayor Bender suggested that the amended version be brought befre Council for the second reading. Ms. Carpenter read the language as follows: "This license, in no way, affects the ability of a Homeowners Association to enforce its deed restrictions concerning home occupations." VOTE: C/M Schreiber - NAY C/M Katz - AYE C/M Abramowitz - AYE V/M Schumann - NAY Mayor Bender - AYE 13. MOTION TO ADOPT Temw. Ord. #1604 on first reading amending Chapter 11 of the Code by removing the requireme is for obtaining a tree pruning permit by multi -family and n n- residential projects. SYNOPSIS OF ACTION - APPROVED on first reading. Public hearing and second reading w 11 be held on Wednesday, June 10, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1604 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1604, SECONDED by C/M Abramowitz. Ms. Carpenter said these are amendments to Chapter 11 which is the landscape provisions of the Code which would delete the requirements for a tree pruning permit for non --residential and multi -family projects. She said Council approved this in November, 1991, and the City searched for a landscape inspector or architect who could do these permits Staff came to understand that the City would not be able to enforce the permitting functions unless the City had at least two people to do it. � I Ms. Carpenter said in further research, it was found that there is only one city in South Florida that has a permitting process for tree pruning. She said due to the standards in the ordinance and the hearings that were held, there has been a tremendous amount of compliancy gained by the vendors. C/M Abramowitz asked if this impacts the Broward County ordinance and Ms. Carpenter said, no. VOTE: ALL VOTED AYE V/M Schumann - No report. C/M Katz expressed his appreciation for the support for his spekedy recovery. 7 11 City Council Regular Meeting 5/27/92/KJ Page 15 C/M Schreiber asked who appoints the liaisons to the various committees and Mayor Bender said he will be doing this in the next couple weeks. C/M Schreiber requested that more workshop meetings be held to discuss the various items on the agenda and other such items which may concern the City. He requested that Council pass a resolution requesting the State Legislators to either repeal the Sunshine Law or to pass a law to amend it. C/M Abramowitz said there was a presentation made in the past from members of Section 16 to Betty Nichols of the Veteran's Administration Outpatient Clinic. He received a call from them stating that they were extremely delighted with the presentation; however, he was remiss in recognizing Nora Gould who collected the money and purchased the television set for the clinic. He expressed his appreciation to Nora Gould for her participation in this matter. C/M Abramowitz requested an Expression of Interest regarding frivolous lawsuits in the City. He requested that the City have the right to collect legal fees for those cases in which the City prevails. C/M Schreiber said the City Attorney should look into this for the City's benefit. Mr. Kraft said he would research this. EXPRESSION OF INTEREST: Mayor Bender - No report. 17. City attorney Mr. Kraft - No report. 18. City M&A&Z= ALL VOTED AYE Mr. Kelly said there is a need to hold workshop meetings every week in order to discuss various items. Mayor Bender said availability of Council is a factor in scheduling these meetings. Mr. Kelly said Council can plan ahead on their calendars for such meetings. With no further business, Mayor Bender ADJOURNED this meeting at 11:05 a.m. ,( CAROL A. EVANS CITY CLERK CITY OF TAMARAC APPROVED AT MEETING OF S - l ;;L -9 � /.L./BENDER MAYOR (d) BACKFLOW PREVENTION DEVICE TECHNICIAN: When employed by the consumer or the water purveyor to inspect, test, repair, overhaul or maintain backfiow prevention devices, the technician shall make certified reports of such work to the Consumer, Plumbing Official, and Water Purveyor. Such reports shall include the name of the premises, service address, location of the device on the premises, type of work performed, type of device, size of device, manufacturer, model number, serial number, line pressure at time of test and include the list of replacement parts if used, such report shall be filled out on a standard backfiow device test report form K one is not provided. "20.5 REGULATIONS: (a) Protection against contamination: (1) No water service connections to any premises shall be installed or maintained unless the potable water supply is protected against actual or potential contamination of pollution in the manner required. (2) In the event of contamination or pollution of a potable water system, the Consumer shall notify immediately the Plumbing Official, the Health Officer or the Water Purveyor in order that appropriate measures may be taken to overcome the contamination of pollution. "20.6 DUTIES AND INSPECTIONS: (a) The Plumbing Official, the Health Officer, the Water Purveyor, or their authorized representative shall have the right to enter any building, structure or premises to conduct survey for purposes of detecting prohibited cross connections. (b) Nothing herein shall relieve the Consumer of the responsibility for conducting, or causing to be conducted, periodic surveys of water use practices on his premises to determine whether there are actual or potential cross connections in the Consumer's water system through which contaminants or pollutants could flow back into a public water supply or the Consumer's potable water system. (c) It shall be the duty of the Plumbing Official to cause inspections to be made of all properties containing potable water systems where backflow through a possible Bross connection is deemed possible. The frequency of inspections and re -inspections based on potential health hazards involved shall be as established by this section. On request, the Consumer shall fumish to the inspection agency any pertinent information regarding the water system on such property. (d) These regulations shall be uniform, taking into account the varying degrees of hazards for various premises, and shall properly utilize airgaps of preventive principles, devices, tests, maintenance and repair, as contained in ASSE) 001, ASSE 1011, ASSE 1012, ASSE 1013, ASSE 1015, ASSE 1020, ASSE 1024, ASSE 1025 and ASSE 1035 or as contained in AWWA C506. Other devices may be approved by the Board. (e) The Plumbing Official shall notify the Consumer of the preventive actions required. The Consumer has the right of appeal. (f) Water service shall be discontinued after notice to the Consumer if a violation of this section exists on the premises and such other precautionary measures shall be taken as are deemed necessary to eliminate any danger to the potable water supply. Water service shati not be restored until the danger has been eliminated in compliance with the provisions of this section. "20.7 TYPE OF PROTECTION REQUIRED: (a) CONTAINMENT: All premises shall have installed on the water service line an approved Back -Flow Prevention Assembly of a type designated by the Water Purveyor. If not designated by Water Purveyor, type shall be designated by Plumbing Official. * (1) The installation of containment backfiow preventers on existing individually metered single family residential buildings three stories and less in height shall be at the discretion of the Water Purveyor. "Amended 9/1 /91 11