Loading...
HomeMy WebLinkAbout1992-06-24 - City Commission Regular Meeting MinutesCity Council Regular Meeting 6/24/92/KJ Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 24, 1992 CA.LL TO ORDER: Mayor Bender called this meeting to order on Wednesday, June 24, 1992, at 9:00 a.m, in Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Joseph Schreiber Councilman Norman Abramowitz Councilman Irving Katz ALSO ERE5ENTO John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ****************************************************************** 3. a. MOTION TO APPROVE. the minutes of the following City Council meetings: 2. 5/28/92 - Special Meeting 3. 6/04/92 - Special Meeting SYNOPSIS OF ACTION: REMOVED 3.a.2. and 3.a.3. for discussion. (See Page 3 for final action) C/M Schreiber MOVED to REMOVE Items 3.a.2. and 3.a.3. for discussion, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 3. b MOTIQN TO JWTJJQE1Z the transfer of $10, 000.00 from Grants Matching Funds Account 001-872-519-830 to Grant Funds BECO Account 001-872-519-831 to provide additional funding for site preparation and project development. SYNOPSIS OF _ACTION:_ REMOVED for discussion. (See Page 3 for final action) C/M Schreiber MOVED to REMOVE Item 3.b. for discussion, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 7. a. XQTION TO ArrRPT construction of Raw Water Wells 14 and 15 as being completed by Florida Design Irrigation, Inc., based on the recommendations of Hazen and Sawyer, the City's Consulting Engineer for TUW Project 88-09. b, the Final Releases of Lien as provided by Florida Design Irrigation, Inc., for TUW Project 88-09, Raw Water Wells 14 and 15. C. MOTION TO APPROVE final payment to Florida Design Irrigation, Inc., in the amount of $76,347.69 as recommended by Hazen and Sawyer, the City's Consulting Engineer for TUW Project 88-09, Raw Water Wells 14 and 15. SYHQJ!SJ9 -OF ACTION TABLED at the request of the City Manager to a Special City Council Meeting on Monday, June 29, 1992 at 9:00 a.m. City Council Regular Meeting 6/24/92/KJ Page 2 Mr. Kelly requested a tabling of Items 7.a., 7.b., and 7.c. to be heard at a Special Council meeting to be held on Monday, June 29, 1992 at 9:00 a.m. C/M Abramowitz MOVED to TABLE Item 7, SECONDED by V/M Schumann. 27. DISCUSSION AND POSSIBLE ACTION on towing contract. C/M Katz MOVED to REVISE the title of Item 27 to include, "AND POSSIBLE ACTION", SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 28. DISCUSSIyQ11 AND POSSIBLE ACTION regarding an audit of Continental Cable franchise. SYNOPSIS OF ACTION Agendized by Consent. (See Page 21 for final action) Mayor Bender handed the gavel to V/M Schumann and MOVED to AGENDIZE Item 28, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 1. PRESENTATION by City Manager Kelly of a five-year service award to JAMES E. DIX of the Building Department. SYNOPSIS OF ACTION- Presentation was made. 2. 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. Nathan Peretzman, resident, expressed his concerns regarding the Medics Ambulance contract and the Tamarac Utilities West rates. Mr. H. Kleinschmidt, resident, questioned the location of the FP&L poles being placed along Westwood Drive and Mr. Kelly said the light poles will be placed on the north side of Westwood Drive. Melanie Reynolds, resident, questioned the staffing of the Building, Code Enforcement and Community Development Departments. Ms. Reynolds suggested that the City cancel automobile allowances to save money. Ms. Reynolds asked how long it has been since there has been an inventory taken of the Public Works Department. Ms. Reynolds asked when Mr. Kelly is going to schedule a meeting for the revised budget. Ms. Reynolds expressed her concerns regarding policy making. C/M Schreiber requested that these questions be answered. Mayor Bender said the City Manager will answer these questions and Ms. Reynolds requested that the Council answer these questions. City Council Regular Meeting 6/24/92/KJ Page 3 3. Items listed under Consent Agenda, Item 3, 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. 3. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 4/24/92 - Special Meeting SYNOPSIS OF ACTION: APPROVED 3.a.1. c. MOTION TO ADOPT Temp. Reso. #6320 authorizing the City Manager to apply for $7,500.00 in matching funds from The Florida America The Beautiful Urban and Community Forestry Grant Program for a Street Tree Inventory Project. The City is required to match this program in the amount of $7,500.00; total project cost is $15,000.00. RESOLUTION R-92-116-PASSED d. MOTION TO ADOPT Temn. Reso. #6315 releasing warranty Letter of Credit #31142 in the amount of $23,378.80 posted to guarantee the water distribution system at KINGS POINT GRANVILLE PHASE 1. SYNOPSIS OF ACTION: RESOLUTION R-92-117-PASSED APPROVED C/M Schreiber MOVED to APPROVE the Consent Agenda, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 3. a. MOTION TO.APPEM the minutes of the following City Council meetings: 2. 5/28/92 - Special Meeting 3. 6/04/92 -- Special Meeting b. MOTION TO AUTHORIZE the transfer of $10, 000.00 from Grants Matching Funds Account 001-872-519-830 to Grant Funds BECO Account 001-872-519-831 to provide additional funding for site preparation and project development. SYNOPSIS OF hCTION: REMOVED 3.a.2. and 3.a.3. for discussion on Page 1 and then APPROVED. 3.b. REMOVED for discussion and then APPROVED. 3.a.2. C/M Schreiber referred to Page 6 of the May 28, 1992 minutes where it states, "no restrictions" and asked what it means. C/M Katz said the Charter as it existed in 1976, made no mention of the amount of terms and there were no restrictions, but said that each Councilmember would be elected to his office for a City Council Regular Meeting 6/24/92/KJ Page 4 specified length of time and there was no mention that he could or could not succeed himself or that there had to be an intervening term. He said these items were added to the 1976 Charter. 3.a.3. C/M Schreiber referred to Page 5 of the June 4, 1992 minutes regarding the refinancing of bonds. He questioned the formula listed regarding the gross operating revenue and interest income. He said the CIAC revenue was left out of the formula. Mr. Kelly said this needs to be answered by Mary Blasi, Finance Director, who is not present at this time. 3.b. C/M Schreiber asked if there is any urgency for transferring $10,000.00 to bring in outside help when the City has the ability to do it in-house. Dina McDermott, Assistant City Manager, said Staff is overextended in several major projects at present involving beautification and because of the rainy season. Ms. McDermott said the original in -kind match was $30,000.00. She said the property is being bermed and regraded. She said the City is paying for an irrigation specialist for the plans currently being drawn. She said the project work is being contracted out due to Staff's inability at this time to do it in-house. Ms. McDermott said some of the work has been funded by donations, but there is not enough money available to do all of the berming which is necessary. C/M Schreiber asked if there would be a problem in delaying this for a few months and Ms. McDermott said if there is a delay, the park will not be completed by September. C/M Abramowitz asked if the work would be handled by Public Works and Ms. McDermott said it would be a combination of Staff members. C/M Abramowitz said there are seven or eight people cutting 7 million square feet of grass monthly in the City. He said he is in favor of having this work done in-house; however, there is not enough time or manpower available to handle it. C/M Katz said there would not be a savings of $10,000.00 because the City Staff would need to be paid for the in-house services, but there would be a small savings. He said the City is devastated annually with the rainy season and grass cutting. V/M Schumann asked what type of attendance is expected for the lecture series and Ms. McDermott said the project is currently in the construction phase and the foundation will be poured as soon as the rain subsides. Ms. McDermott said a lecture series for the residents will be set up and will be called the Twilight Series and will begin at 4:30 p.m. and a tour and slide presentation will be given. She said these will be scheduled in six week series so that the City will have control. C/M Abramowitz MOVED to APPROVE Items 3.a.2., 3.a.3., and 3.b., SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE City Council Regular Meeting 6/24/92/KJ Page 5 4. MOTION TO AUTHORIZE the appropriate City staff to negotiate a contract with Broward County for the County purchase of Tracts 74 and 75 in the City of Tamarac as a natural resource protection area. -YNQP9-1S-- OF ACTLQZLL APPROVED Kelly Carpenter, Director of Community Development, said Council held a workshop to discuss this item. She said this is a 21 acre site east of NW 80 Avenue and south of NW 75th. She said the parcel is designated a natural resource protection area on the Broward County Land Use Plan and is incorporated by reference in the City's Conservation Element. Ms. Carpenter said Staff has identified resources, which would be Broward County, with whom we could work to save this parcel of land. She said the County would be the purchaser of the property and the Staff is requesting permission to authorize negotiations with the County Staff on the purchase of this property. C/M Abramowitz MOVED to APPROVE Item 4, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 5. MOTION TO APPE= the transfer of $65,000.00 from Insurance Loss Reserve Account 504-739-588-983 to the following accounts due to claims liabilities and associated administrative charges exceeding budgeted projections: Administrative Fees Account 504-705-596-331 ($10,000) Auto Parts/Repairs Account 504-709-596-473 ($20,000) Workers Camp. Claim Account 504--709-596-4P8 ($35,000) S.XNOPSIS OF -ACTION; APPROVED C/M Katz MOVED to APPROVE Item 5, SECONDED by C/M Abramowitz. Peter Mack, Personnel Director, said there have been some excessive claims against these accounts which were not anticipated during the budgetary process last year. He said there was a fire to the City's dump truck and other such accidents. C/M Schreiber asked if the $10,000.00 due to the change to Crawford from Gallagher Bassett has anything to do with the dismissal of Susan Tillman, previous Risk Manager, and Mr. Mack said, no. C/M Schreiber asked why the change is being made and Mr. Mack said the City was not receiving the service desired. Mr. Kelly said this change was Ms. Tillman's recommendation prior to her resignation. C/M Schreiber asked how the City's safety program is working if there is an excess in claims and Mr. Mack said the program is working quite well and the employees are becoming more aware of the safety process. C/M Schreiber asked if some of these claims are invalid or third - party claims and Mr. Mack said every claim is reviewed and evaluated for validity. City Council Regular Meeting 6/24/92/KJ Page 6 V/M Schumann asked if this was property damage claims or City vehicles and Mr. Mack said primarily repair of City vehicles. Mr. Mack said the City is self -insured and there are occasional vehicular accidents some of which are third --party claims. C/M Abramowitz said the City saved over one half million dollars the first time the City went self -insured. C/M Katz questioned whether or not the City has become an easy mark for insurance claims. He said the City should challenge every claim and Mr. Mack said every claim is challenged and evaluated. Mr. Kraft said every claim is evaluated, reviewed and assessed. C/M Katz questioned the number of accidents and asked if these accidents are placed in an employee's evaluation and maintained in their files and Mr. Mack said these are retained in the employee's personnel file. He said there is movement towards having the employee reimburse the City if they are found to be at fault. VOTE: ALL VOTED AYE 6. MOTION TO -APPROVE the transfer of $7,715.00 from Recreation Fee Impact Fund Resources Available Account 142-872-588-99C to Tract 27, Sports Complex Account 142--652-572-6DG to provide funding from the proper account for construction at Tract 27 including the Restroom/Concession Stand. SYNOPSIS OF ACTION: APPROVED C/M Abramowitz MOVED to APPROVE Item 6, SECONDED by C/M Katz. C/M Schreiber asked if Council needs to approve the increase of $937.00 when Council had originally approved it not to exceed the sum of the contract price. Mike Couzzo, Director of Public Services and Assistant City Manager, said in the contractual agreement with the architectural firms, there is a stipulation that the fee is based upon a percentage of construction costs. He said the original fee of $10,000 was based upon an estimated construction cost prior to receipt of the bids. He said when the bids came in, they were about $8,000 different from what was originally estimated. Mr. Couzzo said in accordance with the contract, the architect is entitled to a percentage increase from the differential over the estimate. He said if the bid would have come in under what was estimated, the same would hold true and his amount would have been decreased by the percentage. C/M Schreiber asked if Council must approve this and Mr. Couzzo said this is a change order. Mr. Kraft said if it is contingent upon the contract, it would be appropriate for Council to approve it and it is under the City Manager's purview to approve it when under $10,000. C/M Abramowitz asked if this is customary in standards throughout the industry based on the cost of the project and Mr. Couzzo said it is customary and it is a means of determining the fee for architects versus a predetermined firm's construction cost fee. He said this was the arrangement which the City Council approved with Scharf and Associates and Robert Walters. C/M Schreiber asked if this would be done for the Fourth of July festivities and Mr. Couzzo said it is not likely as the City Council Regular Meeting 6/24/92/KJ Page 7 11 11 contractor's timeframe exceeds the Fourth of July; it should be completed the first week of August. V/M Schumann asked the purpose of the letter placing the contractor on notice that the Council has agreed to a certain figure not greater than and what does this do to the contract if the contractor accepts this letter and Mr. Couzzo said the letter of finality is contingent upon the letter of the preexisting contract the City has with the architect stipulating that it is a percentage based on the construction costs. Mr. Couzzo explained the various scenarios for this and the fact that the consultants may overestimate the project costs to ensure that their fee was conservative to recoup their costs. He said in this case, this is a publicly advertised, competitively bid construction price. Mr. Kelly said if the contractor exceeds by 5% of the estimated contract, he would recommend it be rebid. C/M Katz said when Council approved the authority of the City Manager to approve change orders up to $10,000, one of the stipulations was that Council would be made aware of the change order, prior to the time that it was approved by the City Manager, even though he had the authority. TAPE 2 VOTE: ALL VOTED AYE 8. MQTION TO --APPROVE the purchase of a 5-yard dump truck from Atlantic Ford of Fort Lauderdale in the amount of $33,595.00 under state contract to replace a 1985 vehicle destroyed by fire on 5/20/92 and AUTHORIZE the transfer of $33,595.00 from Utilities Contingency Account 425-371-588-975 to Transmission and Distribution Vehicles Account 425-364-533-640. C/M Katz MOVED to APPROVE Item 8, SECONDED by V/M Schumann. C/M Schreiber asked why there is a request for transfer of the entire amount when there was a recovery of $10,000.00 from the insurance company. Mr. Couzzo said the Insurance Fund will reimburse the General Revenue Fund of the Utility Department and it was more efficient to the Finance Department to make this transfer. C/M Katz said the purpose of a fire wall is to contain the fire. He asked if the City had done something to the fire wall of the truck to prevent it from serving its purpose and Mr. Couzzo said not to his knowledge. Mr. Couzzo said the entire engine and cab compartments were completely consumed by the fire. VOTE: ALL VOTED AYE City Council Regular Meeting 6/24/92/KJ Page 8 RESOLMTLONS 9. a. approving a revised site plan for the WOODLANDS COUNTRY CLUB reflecting additions onto the existing clubhouse. b. approving a revised site plan for the WOODLANDS COUNTRY CLUB reflecting demolition of the existing halfway house and construction of a new halfway house. RESOLUTION R-92-112-PASSED SYNOE2IS OF —ACTION: RESOLUTION R-92-113-PASSED APPROVED 9.a. and 9.b. 9.a. Mr. Kraft read Temp. Reso. #6319 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6319, SECONDED by V/M Schumann. Ms. Carpenter said this is an application by the Woodlands Country Club to revise the project to add two new 2-story additions to the existing clubhouse for accounting offices and kitchen facilities in square footage amounting to 3,400 square feet. Ms. Carpenter said the site is zoned S--1 and the use is consistent with the Comprehensive Plan and is platted. She said the applicant has submitted revised parking calculations showing that there is an overage of required parking. She said they have supplied the City with a 50 foot radius on the fire apparatus. Ms. Carpenter said this site plan involves two variances from the Fire Code. She said one is the requirement for 150 foot distance from a fire hydrant. She said the current building is more than 150 feet, without the addition, but once the addition is put on, there will be 160 feet from the nearest fire hydrant. She said the new fire hydrant will be put in by the City under a bid that Council awarded at the last meeting and is expected to be in place by the end of 1992. Ms. Carpenter said there is also a waiver from the 300 foot requirement for the normal deployment of fire hoses which does not affect the addition, but affects the existing building. She said the Fire Department is not objecting to this. Ms. Carpenter said under Concurrency review, this site is located in a compact deferral area, but the County states that since it is a recreational site and they are not adding acreage, then there are no additional trips associated with this and no additional traffic impact fees. Ms. Carpenter said the Planning Commission reviewed this item on June 17, 1992 and recommended approval and the Staff recommends approval of the revised site plan subject to the Findings of Fact. C/M Schreiber referred to memorandums from Assistant City Engineer Gordon Sparks regarding some problems and asked if they had been addressed and handled and Ms. Carpenter said those were handled in the comments regarding the fire hydrants. C/M Katz asked if the fire alarm system is monitored in-house or from the station and Ms. Carpenter said she did not know. C/M Abramowitz said when this was previously discussed, the City was made aware that if there was a fire in Woodlands Country Club, the City did not have the water pressure to fight the fire. He said the City, in order to protect Section 6, the homes and Country Club in the Woodlands Section, has now put in the adequate piping and the City now has the water pressure for fighting fires. City Council Regular Meeting 6/24/92/KJ Page 9 I Murray Meisner, President of Woodlands Country Club, said the Country Club is subject to periodic investigations by the Fire Department. VOTE: ALL VOTED AYE 9.b. Mr. Kraft read Temp. Reso. #6318 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6318, SECONDED by C/M Abramowitz. Ms. Carpenter said this is an application to add a 2,880 square foot halfway house. She said the comments in Item 9.a. also apply to this item, including that there is a fire waiver for the 300 foot requirement, but there will be a fire hydrant installed at the time of occupancy. V/M Schumann asked if the drainage problem has been corrected. Ms. Carpenter said the parking lot is subject to one additional submittal to the Site Plan and Plat Review Committee. She said they had failed to submit the detailed drawings which are required for the site planning process; therefore, it will take one more submittal to get the parking lot fixed. She said this was not part of the approved documents. VOTE: ALL VOTED AYE Mayor Bender RECESSED the meeting at 9:58 a.m, and RECONVENED at 10:00 a.m, with ALL PRESENT. 16. PUBLIC HEARING _ - MOTION TO ADOPT__TeMR, Ord_. #1.504 on second reading placing a Charter Amendment on the 9/1/92 ballot changing the terms for Mayor and Councilmembers from two ( 2 ) to three ( 3 ) years. SYNOPSIS OE ACTIONG ORDINANCE 0-92-32-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1609 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1609, SECONDED by V/M Schumann. C/M Schreiber expressed his opposition to this amendment based on the fact that this is a self-serving issue. He said the two year term is sufficient for any legislative individual elected to office to function. He said the public should never want to extend the terms of office of elected officials due to their becoming complacent. C/M Abramowitz read from articles of the Sun Sentinel and the Miami Herald newspapers regarding terms of office. He said the City is traumatized by holding an annual election due to nothing being done in the City for six months. Mayor Bender OPENED the Public Hearing. Sonny Winnerman, resident of Kings Point, said the people should have a choice and this should be held to a later election and not be placed on the ballot for September due to more than 50% of the City's population being out-of-state. City Council Regular Meeting 6/24/92/KJ Page 10 Mayor Bender CLOSED the Public Hearing with no further response. VOTE: C/M Abramowitz - AYE C/M Katz - AYE V/M Schumann - AYE C/M Schreiber - NAY Mayor Bender - AYE 17. PUBLIC SEARING - MOTION TO ADOPT Temp—_Qrd_ #1610 on second reading placing a Charter Amendment on the 9/1/92 ballot providing that the Mayor and Councilmembers may serve without term limits. ORDINANCE 0-92-33-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1610 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1610, SECONDED by V/M Schumann. C/M Schreiber said this is providing a self-serving document for the Council and it does not serve the interest of the public. He said this should be placed on the November ballot based on the absence of the residents in September. C/M Katz referred to the Ordinance where the coding is struck through. He said there is a suit by a number of people against the City because of the last paragraph regarding the 1985 Municipal Election. He said he has concerns regarding the exception and asked what is done with the exception where the strike -through is located. Mr. Kraft said the strike -through modifies the Charter as it states; therefore, the exception would be eliminated upon approval. Discussion was held regarding the even and odd numbered districts and the way the Mayoral race is handled and the wording of the amendment. V/M Schumann asked which of these ordinances would be in effect if both are approved, with one being for two years and the other for three and Mr. Kraft said the three year term would be in effect. C/M Abramowitz said in reference to the fact that people vacation in September, there is never a good time to vote. Mayor Bender said absentee ballots are available to those who are not going to be present for the election. Mayor Bender OPENED the Public Hearing. Sonny Winnerman, resident of Kings Point, said a letter was sent to the City by the President's Council stating that its 70 members unanimously voted to recommend rejection of Temp. Ord. #1610. Bernie Hart, resident, said term limitations was placed in the City's Charter because there was a similar situation as exists today where a Vice Mayor was in office for 11 years and a Mayor in office for 10 years and something had to be done due to various political reasons. Mr. Hart said there is a trend throughout the country for term limitations and to change the City's Charter to unlimited terms would go against the current trend. Norman DuBois, resident, requested that Council let the people decide whether or not they want limited or unlimited terms. City Council Regular Meeting 6/24/92/KJ Page 11 Marvin Seidel, resident, said September is an early date for vital issues on the ballot. He asked why the even and odd districts have alternate election years. He asked if there is some way to resolve this. C/M Abramowitz said he had spoken with the President of the President's Council regarding the letter from the members. Discussion was held this. TAPE 3 Irving Lopatey, resident, said the Presidents Council voted on this at a full, regular meeting. Mayor Bender CLOSED the Public Hearing with no further response. VOTE: C/M Katz - AYE V/M Schumann - AYE C/M Schreiber - NAY C/M Abramowitz - AYE Mayor Bender - AYE 18. PUBLIC HEARING—.- MOTION TO ADOPT Temv. Ord. #1612 on second reading placing a Charter Amendment on the 9/1/92 ballot to allow Mayor and Councilmembers' expenses to be paid in advance with vouchers to be submitted to the City Clerk at the end of each calendar year, with any expense money that is not spent on City related expenses returned to the City. ZXH12ESIS OF ACTION: ORDINANCE 0-92-34-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1612 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1612, SECONDED by C/M Abramowitz. C/M Abramowitz said this amendment will save the City money. V/M Schumann said this is the exact opposite as to what is currently being done. He said the Council does not currently receive an advance. C/M Abramowitz said this is not increasing the amount of money that Council receives. C/M Schreiber said he has no objection to this item, with the exception of C/M Abramowitz's reference of the high cost of monitoring the expenses of the elected officials. C/M Schreiber said if there is a high cost involved, then there is a case of inefficiency and should be reviewed. V/M Schumann referred to an inconsistency in the ordinance and the body of it regarding it being monthly. He said an accounting problem will remain if the City must turn money over to a Councilmember monthly. He asked if this will be a lump sum advance at the beginning of each fiscal year with accountability at the end of the year. Discussion was held regarding the monitoring of the expense accounts. Mayor Bender said the expense money should be allotted once during the year and the unused portion given back at the end of the year. He suggested the language be modified to remove monthly from the ordinance. Mayor Bender OPENED the Public Hearing. City Council Regular Meeting 6/24/92/KJ Page 12 Mary Seidel, resident, asked if there is a cap on the expenses and V/M Schumann said the Charter currently allows for $2,000.00 for Council expenses. Melanie Reynolds, resident, asked what is meant by, "City related expenses". Mr. Kraft said this means any expenses for the public in the public's interest as part of Council's public duties as opposed to private for private duties. Ms. Reynolds requested clarification of the type of years listed in the ordinance, such as elective year, calendar year and fiscal year. C/M Katz elaborated about his expense account beginning at the beginning of March and runs through the year and begins again the following March. Ms. Reynolds asked if the City Clerk will be handling the money and the vouchers and Mr. Kelly said the Finance Department handles the money. Ms. Reynolds expressed her opinion regarding the Charter and codifications of amendments. Nathan Peretzman, resident, expressed his disapproval of this ordinance. Mayor Bender CLOSED the Public Hearing with no further response. VOTE: ALL VOTED AYE Community Devg,lgRment 19. EMLIC HEARING - on second reading concerning a request by Pebb Enterprises to rezone lands on the north side of Westwood Drive, east of Nob Hill Road, from B-2 (Planned Community Business) to R-4A (Planned Apartment District). Petition #57-Z-91 SYNOPSIS OF ACTION: ORDINANCE 0-92-35-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1614 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1614, SECONDED by C/M Schreiber. Ms. Carpenter said this is the second reading and has nothing to add to the written material issued to Council. Mayor Bender OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 20. PUBLICHE&RING MOTION TO ADOP,X Temp. Ord. #1577 on second reading amending Chapter 12 of the Code concerning occupational licenses by providing for a restricted residential (home) occupational license. S.YNQPSIS OF ACTION-- ORDINANCE 0-92-36-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1577 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1577, SECONDED by C/M Schreiber. City Council Regular Meeting 6/24/92/KJ Page 13 C/M Schreiber said this is not in the public interest the way it is currently written. He said it is too broad and not specific. He said it is not in the best interest of the City to promote people operating their businesses at home when there are so many vacant stores and shopping centers throughout the City. Ms. Carpenter said in Planning, there are generally two approaches to the regulation of the use of land, one of which is to make a list of everything which is permitted and a list of everything that is not. Ms. Carpenter said the other approach is to state that if a person meets the criteria, the use is allowed. She said the criteria in this ordinance have to do with signs, the types of employees, what can be delivered to the house, what kind of noise, odors and other fumes could emanate from the business. She said Staff attempted to list all of the allowable uses, but found it was most difficult to list these scenarios. C/M Schreiber asked what type of enforcement would there be for these types of businesses and where would the restrictions be and Ms. Carpenter said there would be situations such as the person working from the home would have to take the work outside the premises for selling. She said there are ways to enforce this. C/M Abramowitz said there is a lot of this type of work being done in the City at present. He said an ordinance should not be created if it cannot be enforced. He said 90% of the calls to Code Enforcement are from neighbors, which would draw the attention to the ability to enforce this. C/M Katz said this ordinance would allow for accountants and other professionals to do their work in their homes in a timeframe which would be convenient for them. He said he would encourage people to work at home to assist in their income at their convenience, if it were an allowable use. He requested that on the license itself, it does not eliminate the need for approval from the condo or homeowner association for operation in the home. Mr. Kelly said the Chamber of Commerce felt that this was a good idea. V/M Schumann asked how this is to be enforced and Ms. Carpenter said a fire inspection is required of anyone applying for this license as well as neighborhood code enforcement sweeps throughout the City. Mayor Bender suggested that the post office boxes be checked for bootleggers and Ms. Carpenter said it will not be permitted to have a post office box as the mailing address on the license. Ms. Carpenter said if they go to a private mailbox facility for their license, the City would tell them that the use is only a usage that could be licensed at that facility. She said legislation has been drafted to make this more strict, because there is a concern about the mailboxes allowing people to ■ illegally operate in their homes; however, that ordinance has not been brought forward at this time. Mayor Bender OPENED the Public Hearing. Sonny Winnerman, resident, asked if the application for an occupational license is advertised so that the people in their area will know who is seeking a license and for what. Ms. Carpenter said the original ordinance which came before Council on the first reading had the occupational license coming to the City Council and Council had felt strongly that this was a Staff function and no notice is issued. City Council Regular Meeting 6/24/92/KJ Page 14 Mr. Winnerman asked how the residents would know that this is taking place and Ms. Carpenter said language has been drafted indicating that they need to get the approval of their homeowner's association and, if not, then it should be reported to Code Enforcement, Mr. Winnerman said the U.S. Post Office will not reveal to whom the post office boxes belong, Sandy Block, resident of Kings Point, asked if these businesses are subject to State Sales Tax. C/M Abramowitz said they are not allowed to sell retail. Mr. Kelly said many of the jobs that are being done at present have no necessity for an office. He said in the workplace of the future, many jobs that are operating will be done in the home. C/M Schreiber asked about the retail sales of their product and Ms. Carpenter said the goods must be delivered. V/M Schumann asked if there is a prohibited list and Ms. Carpenter said it was attempted, but there was too much detail. V/M Schumann said if there is someone with a jewelry business who creates the jewelry at home, there could be a fire hazard. Mr. Kelly said there is a fire inspection required in order to receive the license along with some other constraints. Mayor Bender CLOSED the Public Hearing with no further response. VOTE: C/M Abramowitz - AYE C/M Katz - AYE V/M Schumann - NAY C/M Schreiber -- NAY Mayor Bender - AYE 21. EUBL ;_C .HEARING_ - MOTION TO ADOPT 'imp, Qrd_ #1579 on second reading amending Section 14-30 of the Code providing for restrictions applicable to parking commercial vehicles in commercial districts and on or adjacent to vacant land. SYNOPSIS OF ACTIO,$_, ORDINANCE 0-92-37-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1579 by title. C/M Abramowitz MOVED to APPROVE Temp. Ord. #1579, SECONDED by C/M Schreiber. Ms. Carpenter said under the restrictions, the City has provided that where commercial vehicles are parked, that they shall be parked within ten feet of the business location or at the rear of the structure and if at the rear, must be covered with an opaque screen so that they cannot be seen from either side, the public right-of-way or from the second story of an abutting building. Mayor Bender OPENED and CLOSED the Public Hearing with no further response. VOTE: C/M Katz - AYE V/M Schumann - ABSENT C/M Schreiber - AYE C/M Abramowitz - AYE Mayor Bender - AYE City Council Regular Meeting 6/24/92/KJ Page 15 22, - on second reading concerning a proposal by the CITY OF TAMARAC to amend the Capital Improvement Element of its adopted Comprehensive Plan by amending Table VIII-1 to reflect the capital projects to be constructed between 1991 and 1996. Petition #3-LUA-91 ,',XROPSIS OF ACTION- ORDINANCE 0-92-38-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1572 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1572, SECONDED by C/M Schreiber. Ms. Carpenter said these are last year's amendments, but due to the bureaucracy, it takes the City a lot of time to bring to Council. She said these are the changes done for this past budget. C/M Katz asked whether some of these items are adequately funded with the increase in the Tamarac Utilities East and Tamarac Utilities West rates. He said the City can no longer count on the CIAC Fund unless they are existing. Ms. Carpenter said this is the change in the program that has already been put in place and has been funded as of October 1 of last year for 1991/92. She said the Council should address future funding during the upcoming budget process. C/M Katz said some of the items which were listed as capital improvement necessities in the report show galvanized pipe changing and lift station improvements. He said not all of these were approved last year. He asked if those listed can be adequately funded with the rate increases, without coming back to the residents repeatedly for increases of taxes or rates. C/M Abramowitz said the City's Comprehensive Land Plan is a demand by the State for a five year plan of what is intended to be done. He said no one can predict the amount of development in the City's future. He said if this is required, the City must comply. Ms. Carpenter said the City does not have a choice as to whether or not there is a capital improvement plan, it is required. She said the City is required to provide them or amend the plan. TAPE 4 Ms. Carpenter said this is again before Council because while the Planning Commission approved it on August 21, 1991 and the Council approved it on September 11, 1991, Staff just received it back from the State Department of Community Affairs stating that they feel the City is fiscally sound and legally responsible to do these improvements. She said the questions regarding whether or not they can be funded are legitimate questions that can be raised as the City goes through the upcoming budget process. Discussion was held regarding the funding of these items. Mayor Bender OPENED the Public Hearing. Melanie Reynolds, resident, requested more information to clarify Chapter 9-J-5. Ms. Carpenter said Chapter 9-J-5 requires a five year capital improvement element and in that element, the City is permitted to show the projects in four to five year increments without spelling out the exact year. She said it further goes on to say that the City is required to adopt an annual capital budget which is redundant to other requirements of the State in other pieces of legislation. She said this is not a budget, but a plan. City Council Regular Meeting 6/24/92/KJ Page 16 Ms. Reynolds said there was a large ad for this public hearing in the newspaper regarding land use and comprehensive plan. She asked what the ad means. Ms. Carpenter said on Item 23, the City is required to do a quarter -page ad because the text of the Land Use Element is being amended. She said instead of putting the Capital Improvement Element and paying for a separate legal ad costing $75.00 and due to the fact that the City is paying $1,000.00 for the quarter -page ad, it was decided to place the other ad with it to save the City $75.00 and gives better notice to the public. Ms. Reynolds expressed her opinion regarding whether or not the ad is proper as being second reading. Ms. Carpenter said the Planning Commission recommended this application after a public hearing to the Council on August 21, 1991. She said Council held its first reading as required by Chapter 163, on September 11, 1991. She said the document was then forwarded to DCA and remained in Tallahassee for approval and after the return of the document to the City, the City has 60 days to adopt it and the City is currently in its last two weeks of the 60 days, and this is the prescribed second hearing under Chapter 163. Mayor Bender CLOSED the Public Hearing with no further response. VOTE: ALL VOTED AYE 23. FIIRLIC_ BEARING - MOTION ,TO ADOPT Temg,, Ord. #1583 on second reading concerning a request by the CITY OF TAMARAC to amend the Comprehensive Plan for full certification of the Land Use Plan Element and Map from Broward County. Petition #5-LUA-91 SYNOPSIS OF, AC„T„IQN! ORDINANCE 0-92-39-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1583 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1583, SECONDED by V/M Schumann. Ms. Carpenter said there are several pages to the list of changes. She said on September 26, 1991, Staff had reported to Council that the Broward County Planning Council had granted provisional certification to the Tamarac Land Use Plan. She said the County had given the City a substantial list of changes that they wanted in the text of the Land Use Plan. She said when the policies went to DCA for its approval, DCA had objected to Policy "J" and a portion of Policy "S", which were required by the Broward County Planning Council. Ms. Carpenter said Staff has worked with the Broward County Planning Council office and have deleted all of Policy "J" and a portion of Policy "S", which appears to have satisfied DCA as well. Mayor Bender OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE City Council Regular Meeting 6/24/92/KJ Page 17 10. providing for the redemption of certain outstanding water and sewer utility obligation bonds of the City. SYNOPSIS , OF _ ACC: RESOLUTION R-92-114-PASSED APPROVED Mr. Kraft read Temp. Reso. #6321 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6321, SECONDED by V/M Schumann. Mr. Kelly introduced Gerry Heffernan, Bond Counsel from Fine, Jacobson, et. al. Mr. Heffernan said this resolution, once the City sells and issues the bonds, sets up an escrow agent and gives the escrow agent direction as to notices to be filed indicating the redemptions and redeeming the bonds when they are going to be called. He said this is a technical resolution needed as a followup to the issuance of the other bonds. C/M Katz asked who is picking up the fee associated with the escrow and Mr. Heffernan said normally the escrow fee is part of the cost of the issuance. C/M Schreiber asked if it is correct for both Items 10 and 12 to have the same schedule day and wording. Mr. Heffernan said this is a form of the schedule to the escrow deposit and rather than attach the two identical escrow deposit agreements to both resolutions, one was attached and they will be revised to reflect which transaction is taking place. C/M Abramowitz asked what the rates are and Mr. Heffernan introduced Arthur Ziev, Bond Underwriter. Mr. Ziev said the rates keep coming down. VOTE: ALL VOTED AYE 11. authorizing the appropriate City officials to approve the details of its Water and Sewer Utility Revenue Refunding Bonds, Series 1992, including the principal amount, maturities, interest rates, redemption provisions and amortization schedules, if any. SYNOPS-IS OF ACTION: RESOLUTION R-92-115-PASSED APPROVED Mr. Kraft read Temp. Reso. #6322 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6322, SECONDED by C/M Schreiber. C/M Schreiber asked if there is assurance that the residents will have the first opportunity to purchase the bonds. Mr. Heffernan said the resolutions for Items 11 and 12 have been structured to delegate the final authority to agree on the final details of the bond with the City Manager. He said this gives the City more flexibility as to when it is felt it is the best time to go into the market, and a special Council meeting would not be necessary. Mr. Ziev said the bonds are scheduled to be sold on or about July 8, 1992 and a priority system will be set for residents and a notice will be posted in City Hall. City Council Regular Meeting 6/24/92/KJ Page 18 V/M Schumann asked if these would be sold in $5,000.00 increments and Mr. Ziev said, yes. C/M Abramowitz suggested this information be placed in the newspaper and Mr. Heffernan said it would be better to do it by word of mouth due to solicitations. VOTE: ALL VOTED AYE 12. MOTION TO ADOPT Temn._Reso. #6323 providing for the redemption of certain outstanding general obligation bonds of the City. RESOLUTION R-92-118-PASSED APPROVED Mr. Kraft read Temp. Reso. #6323 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6323, SECONDED by V/M Schumann. Mr. Heffernan said his comments are the same for Item 12 due to similarities. VOTE: C/M Schreiber - AYE C/M Abramowitz - AYE C/M Katz - ABSENT V/M Schumann - AYE Mayor Bender - AYE 13. MOTION TO ADOPT Temp. Reso. #6324 authorizing the appropriate City officials to approve the details of its General Obligation Refunding Bonds, Series 1992, including the principal amount, maturities, interest rates, redemption provisions and amortization schedules, if any. SYNOPSIS OF ACTION: RESOLUTION R--92-119-PASSED APPROVED Mr. Kraft read Temp. Reso. #6324 by title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6324, SECONDED by V/M Schumann. VOTE: C/M Abramowitz - AYE C/M Katz - ABSENT V/M Schumann - AYE C/M Schreiber - AYE Mayor Bender - AYE 14. a. MOTION TO ADOPT T#m8. Resg. #6317 awarding Bid #92-14 in the amount of $208,000.00 to R. J. Sullivan Corporation for the construction of two water supply wells, pumps, piping, electrical work, controls and connections to the existing water supply system for TUW Project 88-10, Water Supply Wells 16 and 17. b. MOTION TO APPROVE Addendum #41 to the engineering agreement with Hazen and Sawyer, P.C., in the amount of $37,000.00 to provide periodic on -site inspection and construction management services for TUW Project 88-10, Water Supply Wells 16 and 17. SYNOPSIS OF ACTION' RESOLUTION R-92-120-PASSED APPROVED 14.a. and 14.b. 14.a. Mr. Kraft read Temp. Reso. #6317 by title. 1 City Council Regular Meeting 6/24/92/KJ Page 19 1 C/M Schreiber MOVED to APPROVE Temp. Reso. #6317, SECONDED by V/M Schumann. Mike Couzzo, Director of Public Services and Assistant City Manager, said this is for the construction of two raw water wells to supply raw water to the City's water supply system and they are going to be in the area of St. Malachy's Church. He said the money will be coming from the CIAC Fund and recommended the award to the low bidder. V/M Schumann asked if the City is asking to waive the Trench Safety Act and Mr. Couzzo said this is a waiver to permit submittal of the Trench Safety Act after the bid was received. V/M Schumann asked if this places the City in any liability and Mr. Couzzo said the bidder satisfied the requirements of the specifications after the bids were received. C/M Abramowitz asked if it is an absolute necessity for the City to have a company such as Hazen and Sawyer for $37,000.00 doing the inspection and management of these raw water wells. He said Sullivan is the construction company. Mr. Couzzo said the consultant is to ensure that the installation of the two raw water wells are in compliance with the specifications of the project plans and it is of a technical nature that the City's Utility Engineer is recommending the City utilize the services of the on -board consulting engineer. C/M Katz asked if Staff has considered looking for a replacement for Peter Procopio and whether the City can accommodate all of these certifications by an in-house engineer. Mr. Couzzo said prior to being brought to Council, Staff outlines each project as to whether Staff has time and the in-house expertise to do the construction management. He said in the majority of cases, it is done in-house, but due to the specific technical nature of these wells, it is recommended it be handled by an outside firm. Mr. Couzzo said some of Mr. Procopio's responsibilities have been reassigned and some of the engineering projects have been fast - tracked in the hopes that they would be accomplished by the end of next year and possibly be able to downsize the Utility budget. VOTE: ALL VOTED AYE 14.b. C/M Schreiber MOVED to APPROVE Addendum #41, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 15. MOTION TO- ADOPT „TpMR- Reso #fi3lfi awarding Bid #92-16 in the amount of $56,052.00 to Man -Con, Inc., to furnish and install approximately 1,100 L.F. of 6-inch ductile iron pipe, push -on type joint water transmission line and five (5) fire hydrants and AUTHORIZING the appropriate budget transfers to completely fund this project. SYNOPSIS OF AC3:ION4 RESOLUTION R-92--121-PASSED APPROVED Mr. Kraft read Temp. Reso. #6316 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6316, SECONDED by C/M Abramowitz. Mr. Couzzo said this is for the installation of a six inch water line in the Utilities East section coming from the Utilities East City Council Regular Meeting 6/24/92/KJ Page 20 budget. He said this is to install parts, suppression lines and fire hydrants. C/M Schreiber questioned the amounts quoted in the resolution. C/M Katz asked why there is a different rate for asphalt on a County road than there is on a City road. Mr. Couzzo said there are different criteria for the roadway situations and was not sure what the figures are for the County Discussion was held regarding the asphalt rates. C/M Katz requested further information on the asphalt and Mr. Couzzo agreed. VOTE: ALL VOTED AYE 27. on towing contract. SYNOPSIS OF ACTION7 AUTHORIZED City Manager to negotiate with Westway Towing, Inc., and return to Council for final action. Mr. Kelly said it was Council's intent to discuss and possibly take action regarding the award of contract for towing. He said it is within Council's purview to make a decision as to what is wanted. C/M Katz said the City has a list of bidders and every bidder is a qualified bidder, can bond for performance, has the equipment, has been checked by the Broward Sheriff's Office and it is assumed that the low bid should be taken advantage of. He said the difference in the fees paid to the City is minimal from low to high and the additional benefits to the City would be that the business be located within the City limits and that the vendor has offered to supply a courtesy van for people who have to have their vehicle towed. C/M Katz said if there is no reason to disqualify the low bidder, and every reason to approve his Request for Performance, then Council should allow the City Manager to negotiate a contract with Westway Towing, Inc., and have the City Attorney draw up a contract to present to Council for approval. C/M Schreiber said Council held a Special meeting on June 4, 1992 to discuss this item and no action was taken at the time. He said the best bid for the benefit of the City is Westway Towing, Inc., and suggested Council move ahead with this. Discussion was held regarding Sal's Towing and the amount of money bid by the various companies. TAPE 5 C/M Abramowitz said many of the residents in the City are a one - car family and he is pleased that a service is being afforded that if there is a problem, Westway Towing has the ability to pick the person up and transport them to their destination. V/M Schumann said Council is duty --bound to honor the bid unless there is adverse information against the lowest, responsible bidder, which is the purpose of the bidding process. Mr. Kelly said this is not the lowest, responsible bidder, but the bidder giving the best response. C/M Katz MOVED to ALLOW the City Manager and City Attorney to negotiate a contract with Westway Towing, Inc., for a towing contract and bring it back to Council for consideration, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE City Council Regular Meeting 6/24/92/KJ Page 21 28. DISCUSSION AND, PQQLajAL _,A TION regarding an audit of Continental Cable franchise. Agendized by Consent. AUTHORIZED City Manager to negotiate a contract with David M. Griffith and Associates, Ltd., and return to Council for final action. C/M Abramowitz MOVED to APPROVE Item 28, SECONDED by C/M Katz. C/M Abramowitz said David M. Griffith was the low bidder. Mr. Kelly said Griffith sent a response to the City stating his offer. C/M Abramowitz said there were questions raised by members of Council where Continental Cable had agreed to give permission. He asked if this is directing the City Manager to bring the final draft back before Council and Mr. Kelly agreed. Mayor Bender said there are some elements in the bid which he would like to eliminate as duplication. C/M Schreiber asked if MAS is involved and Mayor Bender said MAS is involved in consultation with David M. Griffith. Mayor Bender said the City is only dealing with Griffith. VOTE: ALL VOTED AYE REPORTS 24. City Council V/M Schumann - No report. C/M Katz requested that the restroom in the Chambers be opened during meetings. C/M Abramowitz said the Fourth of July celebration is to be better than ever and wished everyone a healthy summer. C/M Schreiber asked when he will be appointed as liaison to a board or committee. C/M Schreiber suggested Council address the situation with Land Section 7 and encourage businesses to develop in the City. Mayor Bender -- No report. 25. City Attorngy No report. 26. City Ma n LgAK No report. With no further business, Mayor Bender ADJOURNED this meeting at 12:07 a.m. L. BENDER MAYOR CAROL A. EVANS CITY CLERK (111 OF TA MARAC APPROVED AT MEETING OF F)- ) �2 _9 ,D-