HomeMy WebLinkAbout1993-08-11 - City Commission Regular Meeting Minutesr�
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, AUGUST 11, 1993
Cal. TO ORDER: Mayor Bender called this meeting to order on
Wednesday, August 11, 1993, at 7:00 P.M. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of
Allegiance.
PRESENT:
Mayor H. Larry Bender
Vice Mayor Irving Katz
Councilman Norman Abramowitz
Councilman Joseph Schreiber
Councilman Henry Schumann
Ai. Q PRESENT
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Phyllis Polikoff, Secretary
3. a. WjjQH TO APPROVE the attendance by the Chief Plumbing
Inspector and the Chief Mechanical Inspector at the
Florida Association of Plumbing, Gas & Mechanical
Inspectors Seminar October 4--8, 1993, in Longboat Key,
Florida, for recertification.
SYN4PSI,S OF_.ACTION :
Removed for Discussion. (See Page 5 for discussion and Final
Action)
C/M Schreiber MOVED to REMOVE Item 3.a. for discussion, SECONDED
by V/M Katz.
VOTE:
ALL VOTED AYE
e, approving
encroachment of 1-foot into the 5-foot side and rear
yard utility easements of various homes in WOODMONT
GREENS (WOODMONT TRACT 67) for the locating of air
conditioning units. Petition #16--P-93
a`tYNOPA.IS, ,Or ACTION : RESOLUTION R-93-84-PASSED
Removed for Discussion. (See Page 5 for discussion and Final
Action)
C/M Schreiber MOVED to REMOVE Item 3.e. for discussion, SECONDED
by V/M Katz.
VOTE: ALL VOTED AYE
f• approving
encroachment of 4.5-feet into a 6-foot utility easement
in the rear yard of a home located at 7107 NW 83 Street
WEROES) to allow an existing wood deck to remain.
Petition #22-P-93
SYNOPSIS OF ACTION
Removed for Discussion. (See Page 6 for discussion and Final
Action)
City Council Regular Meeting
08/11/93/PP
Page 2
C/M Schreiber MOVED to REMOVE Item 3.f. for discussion, SECONDED
by V/M Katz.
VOTE: ALL VOTED AYE
g, approving
encroachment of 1--foot into a 20-foot utility easement
in the rear yard of a home located at 8331 NW 74 Street
(KREVOY) to allow an existing concrete slab to remain.
Petition #23-P-93
SYNOD IS OF ACTION•
Removed for Discussion. (See Page 7 for discussion and Final
Action)
C/M Schreiber MOVED to REMOVE Item 3.g. for discussion, SECONDED
by V/M Katz.
VOTE:
ALL VOTED AYE
h. approving release of
$2,118.75 of a $2,825.00 cash bond posted for securing
the repair of NW 80 Street damaged by a contractor with
$706.25 to be retained as a one-year warranty bond.
SYNOPSIS OF ACTION:
Removed for Discussion. (See Page 7 for discussion and Final
Action)
C/M Schreiber MOVED to REMOVE Item 3.h. for discussion, SECONDED
by V/M Katz.
"*W14
ALL VOTED AYE
18. MOTION TO ADOPT TgMp. Reso.# 6519 urging the Florida
Legislature to take the necessary action to eliminate the
inequitable practice of "Double Taxation".
SYNOPSIS OF ACTION:
AGENDIZED by Consent. (See Page 12 for discussion and Final
Action)
V/M Katz MOVED to AGENDIZE Temp. Reso. #6519, SECONDED by C/M
Abramowitz.
VOTE: ALL VOTED AYE
1. =OOUNrZHZNZ_ of the expiration of the terms of office for
positions on the following boards and committees:
Board of Adjustment
Code Enforcement Board
Consumer Affairs Committee
Insurance Advisory Board
Investment Advisory Committee
Parks and Recreation Board
Public Information Committee
Social Services Board
Urban Forestry Committee
Veterans Affairs Committee
If any Tamarac resident is .interested in serving on any board or
committee, please contact the office of the City Clerk for an
application. if existing board and committee members desire to be
considered for reappointment, please indicate this by memo to the
City Clerk's Office. Present board and committee members shall
serve until appointments are made by Council.
SYNOYS ISOF ACTION;
Announced by Mayor Bender.
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City Council Regular Meeting
08/11/93/PP
Page 3
2. PLTc P,TCTPA',�'TON - 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.
Marvin Seidel, Kings Point resident, expressed his thoughts
regarding the canals and he mentioned sterile carp and that the
canals would be cleaned twice per year. Mayor Bender said each
resident received information indicating the steps taken to clean-
up the canals.
Sophie Beyer, Mainlands/Section 10 resident, voiced her concerns
about the canals. Mayor Bender said it concerned Code Enforcement
and he asked City Manager Kelly to look into the matter.
Maureen Murphy -Miller, Sunflower--Heathgate resident, discussed the
Alpha Temporary Services contract and what the School Crossing
Guards did in the community. She asked that the present School
Crossing Guards be retained at their present locations.
Alice Weber, Sunflower--Heathgate resident, read a letter signed by
City residents pertaining to the School Crossing Guards. Mayor
Bender said this item was agendized for tonight's meeting.
David Harris, former City of Tamarac Police Sergeant, said he
supervised the School Crossing Guards for many years and he
commented about same.
Jo Wright, Tamarac Lakes North resident, thanked Council for
providing the Tam -A -Gram and agenda and voiced her concerns about
the canals and millage rate.
Carl Alper, Tamarac Presidents Council/Beautification Committee,
discussed the new Landscaping Ordinance which he said could not be
enforced by the Code Enforcement Officers. He asked that the new
Landscape Code be rewritten.
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.
b. MOTION TO AP12EM I the minutes of the following City
Council meetings;
1.
6/02/93 -
Special.
meeting
2.
6/09/93 -
Regular
meeting
3.
6/24/93 -
Regular
meeting
4.
6/30/93 -
Special
meeting
SYNOPSIS„Or ACTION:
APPROVED B.1.,
B.2., B.3.
and B.4.
C. MOTIQH TO APPEOM renewal of a model sales permit for
SPRING HOUSE APARTMENTS in Building 10, Units 391, 393
and 394, 5700 Rock Island Road, for a six-month period
from 9/26/93 to 3/26/94.
City Council
08/11/93/PP
Page 4
Regular Meeting
*�
F."IMMUSIVAM
d. MOTION TO APPROVE_ a model sales permit in Building 4,
Unit 18, of the CORAL PALMS project, 6744 NW 88 Avenue,
and waiver of the 300-foot requirement for issuance of
certificates of occupancy for a six-month period from
8/11/93 to 2/11/93. Petition #3--MS-93
i. 1. MOTION TO ADOPT Temv. Reso. #6511 approving a
Blanket Public Safety Ingress/Egress Easement
offered by Regency Homes, Inc., for the WOODMONT
TRACT 56 project.
2. MOTION TO ADOPT Temn. Reso. #6512 approving a
Tamarac Utilities West Water and Sewer Utility
Easement offered by Regency Homes, Inc., for the
WOODMONT TRACT 56 project.
RESOLUTION R-93-87-PASSED
SYNOPSIS OF ACTION: RESOLUTION R-93-88-PASSED
APPROVED 3.i.1. and 3.1.2.
j. approving a 15-foot
Tamarac Utilities West Water and Sewer Utility Easement
for a water line and hydrant offered by Discount Auto
Parts, Inc., for the project located on Commercial
Boulevard, east of University Drive.
SYNOPSIS OF ACTION RESOLUTION R-93-89-PASSED
APPROVED
k. MOTION TO APPROVE a First Amendment to the Water and
Sewer Developers Agreement for the WESTLAKE VILLAS
(SPRINGLAKE II) project.
�WVAOYOIIOR
F., I VVWe
1. MOTION TO APPROVE a Water and Sewer Developers
Agreement for the GRANVILLE PHASE 2 project.
244
F."IUMMITAM
V/M Abramowitz MOVED to APPROVE Consent Agenda Items 3.b., 3.c.,
3.d., 3.i.1., 3.i.2., 3.j., 3.k. and 3.1., SECONDED by C/M
Schreiber..
VOTE:
ALL VOTED AYE
3. a. MOTIONTO APPROVE the attendance by the Chief Plumbing
Inspector and the Chief Mechanical Inspector at the
Florida Association of Plumbing, Gas & Mechanical
Inspectors Seminar October 4-8, 1993, in Longboat Key,
Florida, for recertification.
Removed for discussion on Page 1 and APPROVED.
C/M Schreiber questioned the costs of the Seminar and who would do
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Page 5
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plumbing inspections while the employees were at the Seminar. Dan
Wood, Chief Building Official, said attendance would count toward
recertification. There was no further discussion.
V/M Katz MOVED APPROVAL, SECONDED by C/M Schreiber.
VOTE:
ALL VOTED AYE
3. e. approving
encroachment of 1-foot into the 5-foot side and rear
yard utility easements of various homes in WOODMONT
GREENS (WOODMONT TRACT 67) for the locating of air
conditioning units. Petition #16-P-93
SYNOPSIS OP ACTION: RESOLUTION R--93-84-PASSED
Removed for Discussion on Page 1 and APPROVED.
City Attorney Kraft read Temp. Reso. #6514 by Title.
C/M Schreiber said he objected to the encroachment and that
nothing should be built on an easement. He also said the
Community Development Department should never approve
encroachments. Discussion was held.
Mike Vonder Meulen, Senior Planner, discussed the encroachment
agreement, the original site plan and a new 1993 law regarding
heat recovery units, hot-water heaters and air -conditioners. He
also mentioned minimum setbacks and utility easements and
discussion ensued on the utility companies and the encroachments.
Mayor Bender said the new law was passed after the house was
constructed. Further discussion followed.
C/M Abramowitz MOVED APPROVAL of Temp. Reso. #6514, SECONDED by
V/M Katz.
VOTE: ALL VOTED AYE
Mayor Bender Opened the Public Hearing.
13. PUBLIC HEARING - on first
reading concerning a request by Regency Homes to change the
use of land from Commercial to Low Density Residential (up to
5 units per acre) for Parcel "A" of WOODMONT TRACT 56 located
on the northwest corner of University Drive and NW 78 St.
Petition #1-LUA-92
SYNOPSIS QF ACTION:
Public Hearing was held. APPROVED on First Reading.
City Attorney Kraft read Temp. Ord. #1658 by Title.
V/M Katz MOVED APPROVAL of Temp. Ord. #1658, SECONDED by C/M
Schreiber.
Mayor Bender OPENED and CLOSED the Public Hearing with no
discussion.
VOTE:
ALL VOTED AYE
14• on first
reading concerning a request by Pulte Homes Corporation to
change the use of land from Commercial to Low Medium
Residential (6 to 10 units per acre) for Parcel "C" of the
LAND SECTION 8 PLAT (unrecorded) located on the north side of
Commercial Boulevard, east of Nob Hill Road.
Petition #1-LUA-93
City Council Regular Meeting
08/11/93/PP
Page 6
SYNOPSIS OF ACTION:
Public Hearing was held. APPROVED on First Reading.
City Attorney Kraft read Temp. Ord. #1659 by Title.
V/M Katz MOVED APPROVAL of Temp. Ord. #1659, SECONDED by C/M
Schumann.
Mayor Bender Opened the Public Hearing.
C/M Schreiber questioned the request and Mr. Vonder Meulen said
there were different interpretations of the same rule and the
State superseded.
Mayor Bender Closed the Public Hearing with no discussion.
VOTE: ALL VOTED AYE
TAPE 2
3. f. MOTION TO ADOPT TeM2_ Reso. #6515 approving
encroachment of 4.5-feet into a 6-foot utility easement
in the rear yard of a home located at 7107 NW 83 Street
(KEROES) to allow an existing wood deck to remain.
Petition #22-P-93
Removed for Discussion. DENIED. (See Page 2)
City Attorney Kraft read Temp. Reso. #6515 by Title.
C/M Schreiber expressed his objections to the encroachment. Mr.
Vonder Meulen said the Board of Adjustment denied the request
although the utility companies did not because there was no
hardship. Discussion was held.
V/M Katz MOVED to DENY Temp. Reso. #6515, SECONDED by C/M
Schumann.
VOTE:
V/M Katz - AYE
C/M Schumann - AYE
C/M Schreiber - AYE
C/M Abramowitz - NAY
Mayor Bender .. NAY
3. g. NQIIQN IQ APQPJapproving
encroachment of 1-foot into a 20-foot utility easement
in the rear yard of a home located at 8331 NW 74 Street
(KREVOY) to allow an existing concrete slab to remain.
Petition #23-P-93
SYNOPSIS OF ACTION: RESOLUTION R-93-85-PASSED
Removed for Discussion on Page 2. APPROVED.
City Attorney Kraft read Temp. Reso. #6516 by Title.
V/M Katz MOVED APPROVAL of Temp. Reso. #6514, SECONDED by C/M
Schreiber.
Mr. Vonder Meulen said a contractor encroached into the utility
easement when the house was being built but said house was up for
sale and representatives were attempting to clear the title.
Discussion followed.
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08/11/93/PP
Page 7
VOTE: C/M Abramowitz - AYE
C/M Schreiber - AYE
C/M Schumann - NAY
V/M Katz - AYE
Mayor Bender -- AYE
3. h. MOTION_TO ADOPT Temp. Rego. #6513 approving release of
$2,118.75 of a $2,825.00 cash bond posted for securing
the repair of NW 80 Street damaged by a contractor with
$706.25 to be retained as a one-year warranty bond.
SYNOPSIS Qr ACTION; RESOLUTION R-93-86-PASSED
Removed for Discussion on Page 2. APPROVED.
City Attorney Kraft read Temp. Reso. #6513 by Title.
V/M Katz MOVED APPROVAL of Temp. Reso. #6513, SECONDED by C/M
Abramowitz.
C/M Schreiber said the City Engineer sent a memo asking that the
release not be accepted until January, 1994. Mr. Couzzo said
Lennar posted a Performance Bond for damaging the roadway but said
roadway was repaired and inspected and Staff recommended the Bond
be released in lieu of the warranty bond. Discussion followed and
Mr. Couzzo said there were no problems.
VOTE:
ALL VOTED AYE
City Attornev
4. ANNQQHQMENT of settlement of Liberty Mutual Insurance
Company, as subrogee of Sandra Laun, v. City of Tamarac and
Levi Smith, Case COWS 93-1168, File L93-005, in the amount of
$2,250.
SYNOP S T S Or ..ASTION
ANNOUNCEMENT made by City Attorney Kraft.
City Attorney Kraft said Liberty Mutual sued the City for $3,143
but Staff discussed the matter and the City would settle for
$2,250 upon execution of the appropriate paperwork. Mayor Bender
said no action was needed.
5. MQTION TO APPROVE the lease of nine (9) copiers from Xerox
for a three-year period under State of Florida Contract
600-380-91-1 at a cost of $14,268.00 per year.
C/M Abramowitz MOVED APPROVAL, SECONDED by C/M Schreiber.
Sherry Bauer, Purchasing Officer, said these were replacements and
would save approximately $3,000 and the cost was less per copy.
There was no discussion.
VOTE: ALL VOTED AYE
City Council Regular Meeting
08/11/93/PP
Page 8
6. awarding Bid #93-06 in the
amount $92,174.11 to Central Florida Landscaping of Tampa,
Inc., for the construction, irrigation and landscaping of Nob
Hill Road medians, with partial funding from grants.
SYNOPSIS OF ACTION, RESOLUTION R-93-90-PASSED
APPROVED as amended for Portion "A" only.
City Attorney Kraft read Temp. Reso. #6518 by Title.
V/M Katz MOVED APPROVAL of Temp. Reso. #6518, SECONDED by C/M
Schreiber.
Dina McDermott, Assistant City Manager, said Temp. Reso. #6518
would be revised because the figures were incorrect. She
discussed Project "A" (from Commercial Boulevard to the Public
Services canal - $96,174.11), Project "B" (from the Public
Services canal north to McNab Road - $76,971.81), Grant monies and
what was needed to complete Project "A". She asked Council how
they wished to proceed.
C/M Abramowitz MOVED APPROVAL of Project "A", SECONDED by C/M
Schumann.
Discussion ensued and Ms. McDermott reiterated that Temp. Reso.
#6518 was incorrect.
V/M Katz asked what would happen to the balance of Nob Hill Road.
Ms. McDermott said nothing would be done at this time and Lennar
would begin beautification north of McNab Road, adjacent to their
property. C/M Abramowitz said he hoped Broward County would
beautify Nob Hill Road from the Public Services canal. to McNab
Road. Further discussion followed.
Ms. McDermott stated that the MOTION should be amended to indicate
that Section 3, Paragraphs 1, 2 and 3 would be included and
Paragraph 2, Sub -Paragraphs (1) and (2) and all other references
to Project "B" would be omitted. C/M Abramowitz and C/M Schumann
agreed.
VOTE:
ALL VOTED AYE
7. MOTION TO ADOPT gyp. Reso_ #6508 waiving the provisions of
the sign code requested by POINT PLAZA to incorporate a
directory sign into an existing 12-foot high ground sign to
allow:
a.
80 square feet of
total
signage;
b.
existing complex
letter
height of 15-inches;
**c.
new tenant letter
height
of 8-inches and sign
area of existing
tenant
name of 29.6 square feet and a
tenant name area
of 3.7
square feet;
d.
the combined directory
ground sign to be located 14-feet
from the property
line.
RESOLUTION R-93-91-PASSED
City Attorney Kraft read Temp. Reso. #6508 by Title.
C/M Schreiber MOVED APPROVAL of Temp. Reso. #6508, SECONDED by V/M
Katz.
City Council Regular Meeting
08/11/93/PP
Page 9
Dan Wood, Chief Building Official, referred to Section 18-65 of
the Code and said that the directory sign would meet provisions
"a", "b", and "d" but not "c". Discussed followed.
Bruce Weiner,
Owner of Point
Plaza, discussed the existing sign,
the directory
sign, and said
he would agree to
8 inch tenant
letters.
There was further
discussion
and C/M Abramowitz
agreed to AMEND
his MOTION to
allow provisions
"a", "b" and "d"
as written but to
change "c" to
8 inch tenant
letters. V/M Katz
agreed.
Carl Alper, resident, expressed his thoughts about this waiver and
the Sign Ordinance.
VOTE: ALL VOTED AYE
8. a. approving a contract
with Richard Rubin, Consultant Planner, in the matter of
Berkowitz v. The City of Tamarac, et al.
b. MOTION TO APPROVE the transfer of $100,000 from
Contingency Account 001-872-588-975 to Berkowitz
Litigation Expense Account 001-872-514-33E to cover
litigation expenses in the matter of Berkowitz v. the
City of Tamarac et al. for the remainder of Fiscal Year
1992/93.
RESOLUTION R-93-92-PASSED
APPROVED 8.a. and 8.b.
City Attorney Kraft read Temp. Reso. #6507 by Title.
V/M Katz MOVED APPROVAL of Temp. Reso. #6507, SECONDED by C/M
Schumann.
(a) C/M Schreiber said he knew nothing of Mr. Rubin's qualifi-
cations although Mr. Rubin was referred by Attorney Rut.
Discussion followed about the contract and Mayor Bender said Mr.
Rubin had formerly been retained as a Consultant by the City and
Berkowitz v. the City was presently in litigation.
City Attorney Kraft agreed and said C/M Schreiber's questions
should not be discussed at this time. He said that Attorney Ruf
was Special Counsel handling the litigation and Mr. Rubin was
considered an expert witness.
Mayor Bender suggested that C/M Schreiber speak privately with
City Attorney Kraft.
TAPE 3
Discussion continued and C/M Abramowitz agreed and said a new law
was enacted whereby legal counsel and Council could discuss
strategy behind closed doors. He said he knew Mr. Rubin's
qualifications.
City Attorney Kraft said Mr. Rubin's contract was previously
forwarded to Council and Council should take action as soon as
possible.
Mr. Rubin introduced himself and said he represented eight cities
and would be happy to meet with C/M Schreiber.
ffoy"
V/M Katz - AYE
C/M Schumann - AYE
C/M Schreiber - NAY
C/M Abramowitz - AYE
Mayor Bender - AYE
City Council Regular Meeting
08/11/93/PP
Page 10
City Attorney Kraft read 8.b. by Title.
C/M Schumann MOVED APPROVAL, SECONDED by V/M Katz.
(b) C/M Abramowitz questioned the $50,000 transfer. City Attorney
Kraft said the amount was amended to $100,000.
VOTE: ALL VOTED AYE
9. approving a site plan and
Water and Sewer Developers Agreement for WELDON located on
the east side of NW 96 Avenue, north of NW 77 Street (tabled
6/24/93).
RESOLUTION R-93-93-PASSED
City Attorney Kraft read Temp. Reso. #6495 by Title.
C/M Katz MOVED APPROVAL of Temp. Reso. #6495, SECONDED by C/M
Schreiber.
C/M Schreiber asked about set -aside parking spaces by Building "A"
and if the site plan included landscaping. Mr. Vonder Meulen
answered that two spaces were present where Buildings "A" and "B"
met and the landscaping was included.
C/M Schreiber said that Black Olive trees should not be planted
and discussion followed. Rick Weinberg, Carnahan & Associates,
said his Company did not do the landscape plans but he would try
to keep the Black Olive trees out of the parking areas.
C/M Schreiber discussed Sections "A", "G", and "H" of the Water
and Sewer Developers Agreement. Mr. Weinberg said C/M Schreiber
referred to Phase I of Weldon and the Sections were located on
Northwest 96 Avenue at 77 Street.
VOTE:
C/M
Schreiber
- AYE
V/M
Katz
.. AYE
C/M
Schumann
- AYE
Mayor Bender
- AYE
C/M
Abramowitz
- ABSENT
10. MOTION TO ADOPT__Temp. Reso. 46517 approving a contract with
Alpha Temporary Services, Inc., to provide crossing guard
services in the City of Tamarac under Pompano Beach
Bid H-38-91.
SYNOPSIS OF ACTION:
TABLED for more information.
City Attorney Kraft read Temp. Reso. #6517 by Title.
V/M Katz MOVED APPROVAL of Temp. Reso. #6517, SECONDED by C/M
Schreiber.
C/M Schreiber said Council needed more information and discussion
followed regarding the School Crossing Guard contract. Mayor
Bender said the contract should be amended because it presented
problems relative to hiring and firing, etc.
C/M Schreiber AMENDED the MOTION to TABLE Temp. Reso. #6517
pending more information.
Larry DuPre, Acting Director of Community Development/Personnel
Director, agreed and said that:
City Council Regular Meeting
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Page 11
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1. all School Crossing Guards hired by Alpha Temporary Services
should be from the City of Tamarac.
2. School Crossing Guards should be permanently assigned.
3. there should be adequate replacements.
4. level of service should remain the same.
5. number of School Crossing Guards should remain exactly the
same.
6. City should have the ability to cancel the contract.
7. City should have the ability to remove any School Crossing
Guard if necessary.
Mr. Dupre said he would return an amended contract to Council.
C/M Schumann suggested that Alpha Temporary Services remain an
independent contractor and that they be issued a Performance Bond.
Discussion followed regarding absenteeism of the Crossing Guards
and C/M Abramowitz SECONDED the MOTION to TABLE.
VOTE: ALL VOTED AYE
Public Services
11. MOTION TO -ADOPT TeMR. Reso. 4651Q approving a Hold Harmless
Agreement offered by Regency Homes, Inc., for a wall
constructed in a utility easement along NW 88 Avenue for the
WOODMONT GREENS (WOODMONT TRACT 67) project.
F*4111043 f Ojai.«F�C�
RESOLUTION R-93-94-PASSED
City Attorney Kraft read Temp. Reso. #6510 by Title.
V/M Katz MOVED APPROVAL of Temp. Reso. #6510, SECONDED by C/M
Abramowitz.
C/M Schreiber said he objected to the wall and he expressed his
thoughts regarding the Code and the former Director of Community
Development. He discussed items on the original site plan, the
wall, landscaping, Hold Harmless Agreement, and a request to amend
the Code.
City Attorney Kraft said the Agreement would allow the wall to be
removed by the developer, the City would be held harmless and not
responsible for any costs involved.
C/M Abramowitz expressed his thoughts about the wall.
V/M Katz voiced his comments regarding the WHEREAS clauses in the
Agreement and said the encroachment was within and not adjacent to
the property. City Attorney Kraft agreed and read a portion of
the Agreement.
Mr. Couzzo also agreed and said sections of the wall would have to
be removed if the utility lines had to be accessed.
C/M Abramowitz said the developer received permission from Council
to construct the wall. C/M Schumann disagreed.
Mr. Couzzo discussed the original site plan, landscaped berm,
concrete wall and the Hold Harmless Agreement.
C/M Schreiber asked the consequences if the Hold Harmless Agree-
ment was not approved. V/M Katz said the City would not be
protected and Mayor Bender said Council did not approve
construction of the wall.
City Manager Kelly said the City should approve the Hold Harmless
Agreement. C/M Schreiber said the Code should be amended and
Mayor Bender said this could be discussed at a Workshop.
City Council Regular Meeting
08/11/93/PP
Page 12
V/M Katz AMENDED the MOTION to substitute within for adjacent to
in the Agreement, SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
Pension Board
12. NOTION TO ADOPT Temp. Ord-_#16on first reading to amend
Article III of Chapter 16 of the Code to provide for a
modification of benefit levels and an increase in rate of
employee contributions for firefighters.
SYNOPSIS OF ACTION:
APPROVED on First Reading. Second Reading and Public Hearing
scheduled for August 25, 1993, at or after 10:00 a.m.
City Attorney Kraft read Temp. Ord. #1656 by Title.
V/M Katz MOVED APPROVAL of Temp. Ord. #1656, SECONDED by C/M
Schumann.
Mayor Bender said the item was brought before the Pension Board
and the Firefighters chose to increase their contributions to the
Pension Fund. He said the same option was given to other members
of the Pension Fund but they all declined and there was no
additional cost to the City.
V/M Katz asked if increased contributions was a condition of
employment. Mr. DuPre said, yes.
Peter Prior, Chairman of Pension Board, agreed and said all newly
hired firefighters had to become members of the Pension Plan. He
said letters were sent to Council and Staff and all present and
new firefighters would pay 7.75%. Discussion followed and Mr.
Kelly said the additional contributions would be handled through
payroll deductions.
VOTE: ALL VOTED AYE
18. MOTION__TO__ADOPT Tema. Reno. #6519 urging the Florida
Legislature to take the necessary action to eliminate the
inequitable practice of "Double Taxation".
;XNPSIS OF ACTION: RESOLUTION R--93-95-PASSED
AGENDIZED by Consent on Page 2. APPROVED.
V/M Katz read Temp. Reso. #6519 by Title and said the City and
residents paid Broward County for services that were already
provided to the residents. He said if Temp. Reso. #6519 is
APPROVED, it will be submitted to the Florida League of Cities and
then to the State to be enacted.
C/M Abramowitz MOVED APPROVAL of Temp. Reso. #6519, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
SPORTS
15. City Quagil
C/M Schumann - NO REPORT.
V/M Katz complimented Council regarding the budget and said it was
the most compact budget he had seen.
C/M Schreiber voiced his thoughts regarding Woodmont Tract 67,
City Council Regular Meeting
08/11/93/PP
Page 13
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amending the Code, major and minor revisions of site plans,
encroachments, Planning Commission and Council. City Attorney
Kraft agreed that a Workshop should be scheduled to discuss the
matter.
C/M Schreiber discussed the canals and suggested that the
developers should provide funds to maintain the canals within
their projects. He asked if City Attorney Kraft could provide the
information to Council.
Mayor Bender agreed a Workshop should be scheduled to discuss this
and also the Water Management Utility District. He said the
public was invited.
C/M Abramowitz said he did some research and the City of Sunrise
advised that waterways on private property were treated by the
property owner or condominium association and not the City. He
said a developer in the City of Tamarac deeds a waterway or
retention pond to the City and discussion followed. He reminded
everyone that the Florida League of Cities was having its Annual
Convention in the City of Fort Lauderdale. He said the Mayor of
the City of Lauderhill, Ilene Lieberman, would be elected
President of the Florida League of Cities. He added that a
discussion on Long -Term Care is scheduled for Friday, August 20
and everyone is invited.
16. City Attorney
City Attorney Kraft - NO REPORT
17. City Ngaager
City Manager Kelly - NO REPORT
Mayor Bender ADJOURNED the Meeting at 9:05 P.M.
Carol A. Evans
City Clerk
0005
//.
H. L. Bender
Mayor