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