HomeMy WebLinkAbout1991-12-11 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
RECORD OF COUNCIL ACTIONS/DISCUSSIONS
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, DECEMBER 11, 1991
- 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.
1. 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.
2. Items listed under Consent Agenda, Item 2, 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. KOTION TO APPROVE the City Council minutes of the
8/28/91 regular meeting.
CS?iBMlinit.Y DeveloRMent
b. MOTION TO ADOPT Temp.—Bgso. #6192 amending
Resolution 91-187 to provide for on -premises consumption
of "alcoholic beverages" rather than "beer and wine" at
the Rustic Scupper (formerly Triggs Restaurant) at
5718 N. University Drive.
RESOLUTION R-91-219-PASSED
Page 1
12/11/91
c . MOTION TO__ ADOPT TeMp „agilo _ #6191 approving a
request by WOODMONT GARDENS ACLS for an extension of
final site plan approval for one (1) year for Phase 1
and four (4) years for Phase 2..
(located on the south side of Southgate Boulevard
between University Drive and NW 88 Avenue)
FINAL ACTION: RESOLUTION R-91-220-PASSED
Removed for discussion.
APPROVED with the condition that if, in the future, there were
more stringent requirements for approval of a site plan that
Woodmont Gardens ACLF would modify their site plan to accommodate
those new regulations.
d. HQJION TO APPROVE the expenditure of $4, 706.00 for
unforeseen necessary repairs during the refurbishment of
the Seagraves by Dowling Fire Equipment, Inc., with
funds available in Account #001-223-522--464, Repairs -
Machinery and Equipment.
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e.
MOTION 10 APPROVE
garbage franchise
month basis while
new contract.
Ma�f;i:��T•��•�
the extension of all commercial
agreements from 1/1/92 on a month -to -
awaiting preparation and approval of a
f. releasing
performance Letter of Credit #218 in the amount of
$13,150.76 posted for concrete curbing on Woodlands
Boulevard in connection with Bid #91-12 subject to
receipt of a one-year warranty bond in the amount of
$3,287.69.
.. • ,
F.AVVIN"T1
3. MOTLON TO A,PPROVE
Selection Committee
Interest EOI-91-03
a��+i:4+iC• • ,
RESOLUTION R-91-221-PASSED
the report and recommendation
concerning Expression of
for the services of a landscape
of the
inspector.
1
LJ
Page 2
12/11/91
4. MOTION TO APPROVE rejection of all bids received under
Bid #91-15, Request for Proposals to Provide Audit of
Franchise Agreements, and authorization to rebid this
project.
FINAL AQTIQN*
APPROVED I
5. a MOTIQU To APPROVE, TUW Project #88-10, Design of Raw
Water Wells 16 through 19 and Construction of Wells 16
and 17 at an estimated total project cost of
$325,000.00.
b. MOTION TO APPROVE the transfer of $325,000.00 from
Budgetary Retained Earnings CIAO Fund Account
432-371--586-975 to TUW Project 88-10 Account
432-363-533-6HI to fund this project.
C. MOTION TQ APPROVE Addendum #34 to the contract with
Hazen & Sawyer, P.C., in the amount of $46,250.00 to
provide professional engineering services for TUW
Project 88-10. (tabled on 11/27/91)
FINAL ACTION•
APPROVED 5.a., 5.b. and 5.c.
6. MOTION TO UPROVE Addendum #1 to the architectural/
engineering agreement with Scharf & Associates, Inc., of
11/11/11 in an amount not to exceed 110,320.00 to prepare
construction drawings for the TAMARAC SPORTS COMPLEX
Restrooms and Concession Stand at TRACT 27.
FINAL, ,&QTION:
APPROVED
7• authorizing the
lease/purchase of a Mapgraphix System (geographic information
system) for the Macintosh Computer System in the amount of
$24,913.44 (tabled on 11/27/91).
FINAL ACTIQN*
TABLED
8• approving Development
Order #283 which approves the following for JEHOVAH'S
WITNESSES KINGDOM HALL at 5811 NW 88 Avenue (old City Hall
site) :
a) Revised Site Plan
b) Landscape Waiver
c) Fence Waiver
d) Water and Sewer Developers Agreement
FINAL ACTION* RESOLUTION R-91-222-PASSED
APPROVED. The City agreed to pay half of the costs to install a
new fire hydrant.
Page 3
12/11/91
9. authorizing the
appropriate City officials to execute an Amendment to the
Letter of Understanding between the Cities of Lauderhill,
Lauderdale Lakes and Tamarac for the purpose of a pilot
program entitled "Tri-City Commercial Recycling Program".
RESOLUTION R-91--223-PASSED
10.
concerning a request by BOARDWALK APARTMENTS for limited
parking waiver to approve a site plan which allows a maximum
of 11 parking spaces in a row where City Code limits the
number of spaces without a landscape island to 10 for
additional non -required parking for the apartment complex
located at NW 88 Avenue and NW 61 Street. Petition #60-Z-91
EINAL ACj1QHo RESOLUTION R-91-224-PASSED
Public Hearing was held.
APPROVED
11.
concerning a request by JEHOVAH'S WITNESSES KINGDOM HALL
for limited parking waiver to approve a site plan which
allows five (5) spaces with no forward means of egress, which
allows a setback of five (5) feet where twenty-five (25) feet
is required between an interior parallel drive and NW 88
Avenue, and which allows minimum backup distance of five (5)
feet where twenty (20) feet is required for the conversion of
a vacant government building (Old Tamarac City Hall) to a
church located on the west side of NW 88 Avenue,
approximately 1,000 feet north of Commercial Boulevard.
Petition #67-Z-91
FINAL ACTION_ RESOLUTION R-91-225-PASSED
Public Hearing was held.
APPROVED
12. J!U JQ SEARING - MOTION TO ADOPT Temp. Ord. #1582 on
first reading concerning a request by the CITY OF TAMAR C
to amend Ordinance 0-82-43 (previous zoning Petition
#10--Z--82, KINGS POINT PROFESSIONAL PLAZA) by authorizing
commercial flexibility for the southeast corner of Nab Hill
Road and Kings Point private Clubhouse Drive to conform to
the Broward County Land Use Plan. Petition #68-Z-91
FINAL _ ACTION-'
TABLED to City Council Regular meeting to be held on January 8,
1992 at 7:30 p.m.
Page 4
12/11/91
1
13 . PUBLIC HEARING_ - -MOTION TO _ ADOPT Tema. Ord_ #1583 on
first 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
FINAL AQT,L41L
Public Hearing was held.
APPROVED on first reading.
�� •
14. j=ION__TO ADOPT ^TemR. Ord_ #1573 on first reading to
amend Chapter 10 of the Code to provide regulations for the
protection of wildlife, natural resource areas, ecological
communities and their habitats.
FINAL ACTION•
Public Hearing was held.
APPROVED on first reading. Second reading and public hearing will
be held on January 8, 1992.
15. on first reading to
implement the requirements of Section 163.3202, Florida
Statutes, which requires the adoption of land development
regulations to implement the City's Comprehensive Plan by
creating anew Section 10-121(g) of the Code incorporating,
by reference, Chapter 27 of the Broward County Code relating
to wellfield protection.
Public Hearing was held.
APPROVED on first reading. Second reading and public hearing will
be held on January 8, 1992.
16- on first reading to
amend Section 12-30(c) of the Code to provide for
occupational license approval through the Director of
Community Development to determine if the proposed business
use is allowed under the zoning portion of the Code.
FINAL ACTIQN
Public Hearing was held.
APPROVED on first reading. Second reading and public hearing will
be held on January 8, 1992.
Page 5
12/11/91
17. City Council
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
A-1 - Limited Agricultural
B-1 - Neighborhood Business
B-2 - Planned Community Business
B-3 - General Business
B-5 - Limited Business District
B-6 - Business District
I-1 - Institutional
LI-1- Light Industrial
R-1 - Single Family Residence
R-1B &
R-1C- One Family Dwelling
R-2 - Two Family Dwelling
R-3 - Low Density Multiple
R-3U - Row House
R-4A - Planned Apartment
R-5 - Motel/Hotel
RD-7 - Two Family Dwelling
RM-5 -- Residential Multi
Family
RM-10- Planned Apartment
S-1 - Open
Space/Recreational
T-1 - Trailer Park
NOTICE : The Next Regular Meeting Of The City Council
Will Be Held On Wednesday, January 8, 1992
at 7:00 p.m.
Page 6
12/11/91
L - I
City Council Regular Meeting
12/11/91/KJ
Page 1
CITY OF TA1 ARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, DECEMBER 11, 1991
Mayor Abramowitz called this meeting to order on
Wednesday, December 11, 1991 at 7:00 p.m. in the Council Chambers
of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
MEDITATION AND PLEDGE OF ALLEGIANCE:, Mayor Abramowitz called
for the Pledge of Allegiance followed by a Moment of Silent
Meditation for the passing of Fred Adler's wife and Mae
Schreiber's mother.
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilwoman Diane Glasser
Councilman Irving Katz
Councilman Henry Schumann
Jahn P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
1. 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.
Mary Seidel, resident, expressed his concerns regarding the
vandalism in the City and at the Tamarac Elementary School. He
asked if there has been any progress on the use of the land owned
by Lennar Homes located at Phase 2.
Carl Alper, resident, said the Tamarac President's Council
unanimously voted to request that the Council recreate a
Beautification Committee for the City. He expressed his concerns
regarding the beautification of the City.
Barnie Wein, resident of Westwood 23," issued a complaint regarding
an FP&L light pole which was installed on the gutter side of his
property. He said FP&L installed two cables with a pipe on his
property without his permission which has decreased the esthetics
of his property.
Mayor Abramowitz requested that Mr. Wein give his address to Mr.
Couzzo for investigative purposes.
City Council Regular Meeting
12/11/91/KJ
Page 2
2. c. approving a
request by WOODMONT GARDENS ACLF for an extension of
final site plan approval for one (1) year for Phase 1
and four (4) years for Phase 2.
(located on the south side of Southgate Boulevard
between University Drive and NW 88 Avenue)
SYNOPSIS OF ACT„IQH:
Removed for discussion. (See Page 3 for Final Action.)
C/M Katz MOVED to REMOVE Item 2.c. for discussion, SECONDED by
C/W Glasser.
VOTE: ALL VOTED AYE
V/M Bender stated the Item 12 would be removed by Staff.
2. Items listed under Consent Agenda, Item 2, 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
items) will be removed from the Consent Agenda and will be
considered separately.
a. XQJION TO APPROVE the City Council minutes of the
8/28/91 regular meeting.
b. amending
Resolution 91-187 to provide for on -premises consumption
of "alcoholic beverages" rather than "beer and wine" at
the Rustic Scupper (formerly Triggs Restaurant) at
5718 N. University Drive.
RESOLUTION R-91-219--PASSED
APPROVED
d. MOTION TO APPROYK the expenditure of $4,706.00 for
unforeseen necessary repairs during the refurbishment of
the Seagraves by Dowling Fire Equipment, Inc., with
funds available in Account #001-223-522-464, Repairs -
Machinery and Equipment.
e. the extension of all commercial
garbage franchise agreements from 1/1/92 on a month -to -
month basis while awaiting preparation and approval of a
new contract.
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11
City Council Regular Meeting
12/11/91/KJ
Page 3
f. releasing
performance Letter of Credit #218 in the amount of
$13,150.76 posted for concrete curbing on Woodlands
Boulevard in connection with Bid #91-12 subject to
receipt of a one-year warranty bond in the amount of
$3,287.69.
RESOLUTION R-91-221--PASSED
APPROVED
C/M Katz MOVED to APPROVE the Consent Agenda, with the exception
of Item 2.c., SECONDED by V/M Bender.
VOTE:
ALL VOTED AYE
2. c. MOTION TO ADOPT Tema. Reso. #6191 approving a
request by WOODMONT GARDENS ACLF for an extension of
final site plan approval for one (1) year for Phase 1
and four (4) years for Phase 2.
(located on the south side of Southgate Boulevard
between University Drive and NW 88 Avenue)
ACTION:SYNOPSIS Qr RESOLUTION R-91-220-PASSED
Removed for discussion on Page 2.
APPROVED with the condition that if, in the future, there were
more stringent requirements for approval of a site plan that
Woodmont Gardens ACLF would modify their site plan to accommodate
those new regulations.
C/M Katz MOVED to APPROVE Temp. Reso. #6191, SECONDED by
C/W Glasser.
C/M Katz expressed his concern regarding the health, safety and
welfare of the residents in the City. He requested a stipulation
that if there were something to come up that was more stringent on
the requirements of the site plan, that Attorney Gabriel would so
stipulate.
Alan Gabriel, Attorney for Woodmont Gardens, said he is in
agreement with the stipulation that if a matter regarding health,
safety and welfare was to come up in Phase 2, he would be willing
to modify it accordingly.
City Attorney Ruf read Temp. Reso. #6191 by title.
VOTE: ALL VOTED AYE
3. MOTION TO MPROVE the report and recommendation of the
Selection Committee concerning Expression of
Interest EOI-91-03 for the services of a landscape inspector.
,•• •
r •,
F . . •
C/M Katz MOVED to APPROVE Item 3, SECONDED by V/M Bender.
Kelly Carpenter, Director of Community Development, said this is a
report from the Selection Committee concerning the advertisement
for services of a landscape inspector. She said the Committee has
met and considered the sole application that was received from a
landscape architect, Kimberly Moyer. She requested that Council
allow the Committee to negotiate with Ms. Moyer.
City Council Regular Meeting
12/11/91/KJ
Page 4
C/M Schumann asked if this will be on an as -needed basis and Ms.
Carpenter said it is on a cost -recovery basis and an as -needed
basis.
VOTE:
ALL VOTED AYE
General Administrative
4. MOTION TO APPROVE rejection of all bids received under
Bid #91-15, Request for Proposals to Provide Audit of
Franchise Agreements, and authorization to rebid this
project.
C/M Katz MOVED to APPROVE Item #4, SECONDED by C/W Glasser.
City Manager Kelly said the City has been attempting to locate
auditors to review the various City franchises with a number of
entities which include FP&L, Continental Cablevision, Southern
Bell, Waste Management and the various commercial garbage haulers.
He said the City received proposals from three prospective vendors
and the Committee recommended that the proposals be rejected.
City Manager Kelly recommended that the City move forward to try
to audit these firms. He said the Committee feels that of the
three proposed firms, Municipal Administrative Services (MAS), is
clearly the most qualified. He said there were cost concerns
regarding their proposal.
City Manager Kelly suggested that Council consider authorizing
Staff to negotiate with MAS and to authorize that one of the
entities be pursued. He recommended that Council reject all of the
bids and authorize negotiations with MAS for one specific audit
and review the outcome and performance of that one audit prior to
considering other audits.
V/M Bender asked the basis for the recommendation of rejection and
City Manager Kelly said there were three applicants and the
Committee felt that two of the firms were not qualified for the
specific projects requested. Further discussion was held regarding
this.
City Manager Kelly said MAS gave a good presentation to the City;
however, the package proposal which was provided was not in the
best interest of the City to pursue at this time.
V/M Bender said this is an audit for conformance by the franchise
companies to see that they are paying the City the correct amount
of money which they agreed to pay when the franchise agreement was
created.
City Manager Kelly recommended that Council determine which of the
franchises should be audited and then begin negotiations with MAS.
Mayor Abramowitz said Council is being asked to reject the bids
that were submitted and permit renegotiations with MAS for an
audit on one of the franchises and City Manager Kelly agreed.
C/W Glasser said Council needs to discuss this. She said she
agrees with rejecting the bids and tabling the rest.
Mayor Abramowitz said this is to reject the bids and allow City
Manager Kelly to negotiate for one of the franchise audits which
needs to be decided.
VOTE: ALL VOTED AYE
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11
City Council Regular Meeting.
12/11/91/KJ
Page 5
10.
concerning a request by BOARDWALK APARTMENTS for limited
parking waiver to approve a site plan which allows a maximum
of 11 parking spaces in a row where City Code limits the
number of spaces without a landscape island to 10 for
additional non -required parking for the apartment complex
located at NW 88 Avenue and NW 61 Street. Petition #60-Z-91
RESOLUTION R--91--224-PASSED
Public Hearing was held.
APPROVED
City Attorney Ruf read Temp. Reso. #6194 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #6194, SECONDED by
C/W Glasser.
Ms. Carpenter said this is an application by Boardwalk Apartments
for a parking waiver for the apartments located at the northeast
and southeast corners of NW 88 Avenue and NW 61 Street. She said
they are claiming that there is insufficient parking and Staff
agrees.
Ms. Carpenter said the Code allows in residential areas to
decrease the parking from 10 feet to 9 feet, which they are doing;
however, in doing so, they create 8 additional spaces which
creates 11 in a row instead of the maximum 10 in a row which the
Code allows. She said the Staff has no objection to allowing those
11 spaces in a row. She said the Planning Commission and Staff
recommend approval.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no
response.
C/M Katz asked if there are only 6 positions to waiver, not the 8
and Ms. Carpenter said the Council is being asked to waive the 11
in a row.
VOTE:
ALL VOTED AYE
11 PUBLIC - MQTION TO ADOPT TOMR.
concerning a request by JEHOVAH'S WITNESSES KINGDOM HALL
for limited parking waiver to approve a site plan which
allows five (5) spaces with no forward means of egress, which
allows a setback of five (5) feet where twenty-five (25) feet
is required between an interior parallel drive and NW 88
Avenue, and which allows minimum backup distance of five (5)
feet where twenty (20) feet is required for the conversion of
a vacant government building (Old Tamarac City Hall) to a
church located on the west side of NW 88 Avenue,
approximately 1,000 feet north of Commercial Boulevard.
Petition #67--Z-91
PSIS TI N• RESOLUTION R-91-225-PASSED
Public Hearing was held.
APPROVED
City Attorney Ruf read Temp. Reso. #6195 by title.
C/W Glasser MOVED to APPROVE Temp. Reso. #6195, SECONDED by
V/M Bender.
City Council Regular Meeting
12/11/91/KJ
Page 6
Ms. Carpenter said this is one of four cases which affect the old
City Hall which is going to be redeveloped by the Jehovah's
Witnesses Group. She said they have applied for three parking
waivers which include the following:
1) Allowing five spaces with no forward means of egress,
which were existing spaces when they purchased the
property.
2) Allowing a minimum of 5 feet where a 25 foot setback is
required between Pine Island Road and the interior
driveway, which is also an existing condition.
3) Allowing a minimum backup distance of 5 feet where a
minimum of 20 feet is required, also existing.
Ms. Carpenter said the Jehovah's Witnesses are claiming a hardship
because they purchased the property with these existing
deficiencies. She said Staff has agreed with their Finding of
Hardship and the request of this waiver does not violate any
provisions of the Comprehensive Land Use Plan. She said the
Planning Commission voted in favor of this waiver and Staff
recommends approval.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no
response.
C/M Katz asked if this will require an additional waiver for the
fire lane in the rear of the building.which is inadequate as per
Acting Fire Chief Jim Budzinski's report. Ms. Carpenter said the
Fire Department has agreed with the applicant that the fire
hydrant which is required to service the site will be in place and
there is no further parking to be lost in order to meet the Fire .
Department's requirement.
VOTE: ALL VOTED AYE
12. PUBLIC^ HEARING - MOTION TO ADOPT Temp. Ord. #1582 on
first reading concerning a request by the CITY OF TAMARAC
to amend Ordinance 0-82-43 (previous zoning Petition
#10-Z-82, KINGS POINT PROFESSIONAL PLAZA) by authorizing
commercial flexibility for the southeast corner of Nab Hill
Road and Kings Point private Clubhouse Drive to conform to
the Broward County Land Use Plan. Petition #68-Z-91
SYNOPSIS OF ACTION:
TABLED to City Council Regular meeting to be held on January 8,
1992 at 7:30 p.m.
C/M Schumann MOVED to TABLE Temp. Ord. #1582 to January 8, 1992
at 7:30 p.m., SECONDED by C/W Glasser.
VOTE: ALL VOTED AYE
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City Council Regular Meeting'
12/11/91/KJ
Page 7
13. P yIC HEARING - MOTION TO ADOPT___Temn. Ord. #15$3 on
first 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
XNOPSIS_ OF ACTION:
Public Hearing was held.,
APPROVED on first reading.
City Attorney Ruf read Temp. Ord. #1583 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1583, SECONDED by
C/M Schumann.
Ms. Carpenter said on September 26, 1991, the Broward County
Planning Council granted provisional certification of the Tamarac
Land Use Plan and on October 9, 1991, the Tamarac City Council
passed a Resolution agreeing that the Staff should make all of the
necessary changes to have the Plan change from a provisional
certification to a full certification.
Ms. Carpenter said Items A.l. through A.5., A through Z, in the
Council's packet are the listing of the policies that the County
wants included in the Land Use Plan. She said most of these are
housekeeping items of which some are policies that are included in
the open space, conservation, sanitation, sewer or other elements
of the Comprehensive Plan that the County, which only has
jurisdiction over Land Use, wants shown in the Land Use Element as
well as those other elements.
Ms. Carpenter said the County has added language from A through Z
from their Plan which they would like to see in the City's Plan.
Staff recommends approval on first reading.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no
response.
VOTE: ALL VOTED AYE
Public__- Services ri
5. a. MOTION 10 APPROVE TUW Project #88-10, Design of Raw
Water Wells 16 through 19 and Construction of Wells 16
and 17 at an estimated total project cost of
$325,000.00.
b. MOTION TO APPROVE the transfer of $325,000.00 from
Budgetary Retained Earnings CIAC Fund Account
432-371-586-975 to TUW Project 88-10 Account
432-363---533-6HI to fund this project.
C. MQTION TO ARPROVE Addendum #34 to the contract with
Hazen & Sawyer, P.C., in the amount of $46,250.00 to
provide professional engineering services for TUW
Project 88-10. (tabled on 11/27/91)
SYNOPSIS OF ACTION,
APPROVED 5.a., 5.b. and 5.c.
5.a. C/M Katz MOVED to APPROVE Item 5.a., SECONDED by
C/W Glasser.
Carl Alper, resident, asked what the location of these wells will
be and Mike Couzzo, Director of Public Services, said they will be
located on the north side of St. Malachy's Church.
Mayor Abramowitz said there was a conflict regarding this with the
South Florida Water Management District. He said the raw well has
City Council Regular Meeting
12/11/91/KJ
Page 8
been passed; however, there has been litigation brought by
Hillsboro Beach and Deerfield Beach which will hold up the
construction of Broward County's wells for a minimum of 6 months.
He said this is for the design of the four wells but only for the
construction of two and Mr. Couzzo agreed.
Peter Procopio, Utilities Operations Manager, said the wells being
discussed have been permitted by the South Florida Water
Management District. He said the City can install 6 wells under
this permit which must be installed by January, 1994. He said
there are two wells currently under construction and there is a
proposal for the design of four wells and the construction of two
of the four in 1992. He said in 1993, there will be complete
construction of the last two wells..
Mr. Procopio said there is an economy of scale when doing the
design of all four simultaneously. He described the exact
locations of these wells.
Harold Newman, resident, asked if the wells located at Midway
Plaza can be reactivated and Mr. Procopio said, no.
C/M Katz asked if the money will be from the CIAO Fund or from the
General Fund and Mr. Procopio said it will come from the CIAO
Fund.
TAPE 2
C/M Schumann asked what the $325,000 will pay for and Mr. Couzzo
said it pays for the construction of the two wells and the design
of four.
VOTE:
ALL VOTED AYE
5.b. C/W Glasser MOVED to APPROVE Item 5.b., SECONDED by
C/M Katz.
Mr. Couzzo said this is to transfer the funds to be utilized for
the construction and design of these wells.
VOTE:
ALL VOTED AYE
5.c. C/M Katz MOVED to APPROVE Item 5.c., SECONDED by
V/M Bender.
Mr. Couzzo said this is for the actual design of the four wells,
the permitting and the bidding phase. He said Hazen and Sawyer
Engineers are the City's consulting engineering firm.
C/M Schumann asked if the 2.70 billion gallons annually, shown on
the South Florida Water Management District's use permit, is for
both wells and Mr. Procopio said this is for all 19 wells which
will be operating or drawing from the aquifer at any one time.
VOTE:
ALL VOTED AYE
6. MOTION TO, APPROVE Addendum #1 to the architectural/
engineering agreement with Scharf & Associates, Inc., of
11/18/91 in an amount not to exceed $10,320.00 to prepare
construction drawings for the TAMARAC SPORTS COMPLEX
Restrooms and Concession Stand at TRACT 27.
UP W W Q WIVA a 1
V/M Bender MOVED to APPROVE Item 6, SECONDED by C/M Schumann.
Mr. Couzzo said this is to go out for a redesign of the
restroom/concession stand facility at Tract 27. He said portable
lavatory facilities are currently being utilized at this location.
Mr. Couzzo said the City has gone with a smaller scaled facility
more in line with the Public Service Complex with an overhang,
which will reduce the overall construction costs. He said this
money comes from the Parks and Recreation zmpact Fee account. He
I
City Council Regular Meeting
12/11/91/KJ
Page 9
said this is a result of the Competitive Negotiations Act where
Scharf and Associates and Robert Walters were selected to do
construction on a rotating basis. He recommended that the first
project be done by Scharf and Associates.
VOTE: ALL VOTED AYE
• r,
• 71. 11 9 r - -
7• MOTJQX TO ADOPT Temr." Reso. #6184 authorizing the
lease/purchase of a Mapgraphix System (geographic information
system) for the MacIntosh Computer System in the amount of
$24,913.44 (tabled on 11/27/91).
City Attorney Ruf read Temp. Reso. #6184 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6184, SECONDED by
V/M Bender.
City Manager Kelly said this is a proposal which began three years
ago. He said this is a geographic information system which allows
the City to record extensive information that is presently sought
in various forms throughout the City. He said when a developer or
homeowner wants to find information regarding the location of the
utilities or fire hydrant or other such information, this can be
obtained through this system.
City Manager Kelly said this system provides for efficiency in
storage of information and access to information so that it is
readily available to a homeowner or prospective buyer of property.
He said it will be a long-term investment for the future and will
provide a data base that does not currently exist in a convenient
format. He recommended approval with the funding in place and
budgeted from the Utilities Department and the City.
C/M Schumann asked if title passes at the time the City purchases
the unit for $1.00 or upon the signing of the lease and City
Attorney Ruf said the title passes to the City on the final
payment of the unit.
C/M Schumann said the liability insurance requirement of one
million dollars is high and asked if this unit is stable and why
the City needs liability coverage on a computer.
City Attorney Ruf said this requirement is not being met as is but
is being met by a letter from Susan Tillman, Risk Manager, that
the City is self -insured and only has statutory limits of
liability and they are well satisfied with that letter. He said
the City is not going to be provided that kind of insurance.
C/M Schumann asked if the City has the appropriate equipment to
operate this system and City Manager Kelly said, yes.
C/M Schumann asked if the City is sending a Staff member to get
the required training for this system and Ms. Carpenter said the
technical support and the training are in the package.
Ms. Carpenter said the City does not have a computer that has the
memory or speed to operate this program. She said the provider of
the Mapgraphix program has changed the size of the computer which
will run five times faster than the previous system. She said a
new monitor and new hardrive will be purchased to run this
program.
City Council Regular Meeting
12/11/91/KJ
Page 10
Ms. Carpenter said the purchase of the new equipment is part of
this package. She explained the contract and from where the
equipment will be purchased.
Further discussion was held regarding the computer equipment,
programs and hardware as well as the warranties provided.
Mayor Abramowitz asked what the cost difference is between this
package and purchasing it outright and Ms. Carpenter said the City
will save approximately $2,400 on an outright purchase over the
life of the contract.
Mayor Abramowitz said he is much more comfortable knowing that a
computer is included in this price.
V/M Bender said this item was discussed during the budgetary
process. He said the only change in this proposal from that time
is the request to change from one computer to a faster computer.
Ms. Carpenter agreed and said that this item was approved in the
operating budget, not in the capital budget.
Ms. Carpenter said almost anything can be built on a McIntosh
Computer System, including a permit tracking system. She said the
City's current permit tracking system runs efficiently and has
been recognized by peer groups as one of the better tracking
systems in the County which is'run on the City's mainframe. She
said this system can accommodate permit tracking but is not being
bought for the purposes of permit tracking. Further discussion was
held regarding this system.
C/M Schumann MOVED to TABLE Temp. Reso. #6184, SECONDED by
V/M Bender.
VOTE: ALL VOTED AYE
8. MOTION TO ADOPT TCMR, Reso. #6196 approving Development
Order #283 which approves the following for JEHOVAH'S
WITNESSES KINGDOM HALL at 5811 NW 88 Avenue (old City Hall
site) :
a) Revised Site Plan
b) Landscape Waiver
c) Fence Waiver
d) Water and Sewer Developers.Agreement
SYNOPSIS OF -„ ACTION_ RESOLUTION R-91-222-PASSED
APPROVED. The City agreed to pay half of the costs to install a
new fire hydrant.
City Attorney Ruf read Temp. Reso. #6196 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #6196, SECONDED by
C/M Schumann.
Ms. Carpenter said this is an application by the Jehovah's
Witnesses for a major revised site plan at the old City Hall site
located at 5811 NW 88 Avenue in Tamarac. She said the renovated
building will contain three worship centers of 154 seats each,
three offices, three libraries and two living quarters for
ministers.
Ms. Carpenter said changes to the site plan, from what was there
to what they are proposing include the following: installation of
a staircase on the west side of the building, construction of a
four foot walkway around the building, elimination of the paved
area in the rear of the building (creating additional green
space), installation of canopies around all exterior doorways,
staircases and the main entrance on the south side, construction
of accessory structures to screen the air conditioning system,
installation of a five foot high decorative fence along the south
and east sides, a 42-inch vinyl coated fence along the north and
City Council Regular Meeting
12/11/91/KJ
Page 11
west sides, and improvements in the landscaping which includes the
installation of 16 live oaks and 40 sabal palms and an overall
increase in the landscaping along Pine Island Road and the
waterway to the west of the building.
Ms. Carpenter said the proposed site plan does not meet all of the
requirements of the zoning code. She said a parking waiver was
granted in Item 11 of this agenda by Council. She said there is
also included a landscape waiver and a fence waiver. She said the
site plan and the use of the site are in compliance with the
Comprehensive Plan and it does meet traffic concurrency
requirements.
Ms. Carpenter said the Site Plan and Plat Review Committee
recommended approval of this request on November 26, 1991 and the
Planning Commission reviewed and recommended approval on December
4, 1991. She said Staff recommends approval of this revised site
plan subject to all of the Findings of Fact, including those of
the Site Plan and Plat Review Committee, and recommend approval of
all three waivers.
VOTE:
ALL VOTED AYE
City Manager Kelly said there is a concern on the site regarding
the fire hydrant. He said there is a requirement that the fire
hydrant, located on the east side of Pine Island Road, be
relocated to the west side to service this complex. He said when
City Hall was on this site and the Code changed, it should have
been required at that time; however, due to the change of
ownership, this is a requirement in order to meet the Code.
City Manager Kelly said the cost has been a concern to the buyers
and they have asked that the City share in the cost to relocate
this fire hydrant or waive the requirement. He explained reasons
why it is necessary to relocate the hydrant. He said Council needs
to act on this in a timely manner due to the closing being
scheduled for December 12, 19,91.
V/M Bender asked if there should be a fire hydrant on both sides
of Pine Island Road and City Manager Kelly said that could be a
possibility; however, there must be one on the west side.
Dave Perrotta, representative for the Jehovah's Witnesses, said
the estimated cost for the relocation of this fire hydrant would
be approximately $15,000 to cut the street. He said their concern
is the added costs for this fire hydrant due to being a non-profit
organization and all of the funds for this building have been
voluntary donations from friends utilizing the existing facility
in Tamarac.
Mr. Perrotta requested that the City share the cost or pay for the
entire cost of this fire hydrant relocation. He said the old City
Hall is approximately 360 feet out of Code requirements from the
fire hydrant. He said the members of this organization do not
smoke; however, heat and smoke detectors will be installed. He
said they are very much concerned about public safety.
Mayor Abramowitz said a fire hydrant is necessary at this
location. He said he has no objection for the City to pay a
portion of this, based on the type of negotiations between the
City and the Jehovah's Witnesses.
C/M Schumann asked if there is water accessable on the west side
of Pine Island Road.
Roger Maki, Engineer for.the Jehovah's Witnesses, said the water
is on the east side of the street. He said there is service to the
west side but it is only a four inch water line where an eight
inch water line is required for a fire hydrant. He said the
existing fire hydrant will remain and a new one will be installed.
Discussion was held regarding the locations of the available water
lines.
City Council Regular Meeting
12/11/91/KJ
Page 12
C/M Katz said he has no objection to extending the cost of the
note to provide this fire hydrant. He said the City has negotiated
in good faith.
TAPE 3
Further discussion was held regarding the costs and procedures to
provide the fire hydrant.
Mayor Abramowitz said the nearest water source is 600 feet away
and Ms. Carpenter said the nearest 8 inch line is on Commercial
Boulevard other than the one on the east side of Pine Island Road.
Mayor Abramowitz asked if there is any place that the City can
install an 8 inch line to do what is necessary which will avoid
the cost of cutting under Pine Island Road and Ms. Carpenter said,
no.
C/W Glasser asked if this will hold up the Certificate of
Occupancy and Mayor Abramowitz said it may hold up the closing.
V/M Bender MOVED to APPROVE the City paying 50% of the
installation of a fire hydrant, SECONDED by C/W Glasser.
VOTE:
ALL VOTED AYE
C/M Katz reviewed the architectural site plan and asked about the
hearing impaired provisions and Ms. Carpenter said the Fire
Marshal is aware of this and it will be handled at the time of
building permitting.
9. MOTION TO ADOPT Temp. Reso_ _#6197 authorizing the
appropriate City officials to execute an Amendment to the
Letter of Understanding between the Cities of Lauderhill,
Lauderdale Lakes and Tamarac for the purpose of a pilot
program entitled "Tri-City Commercial Recycling Program".
gYNOPSIS OF ACTION: RESOLUTION R-91-223-PASSED
APPROVED
City Attorney Ruf read Temp. Reso. #6197 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #6197, SECONDED by
C/M Schumann.
Assistant City Manager McDermott said this is an amendment to the
agreement between the Cities of Lauderhill, Lauderdale Lakes and
Tamarac, which was approved on November 13, 1991. She said this
agreement provides for a one year pilot program for commercial
recycling on the 441 Corridor.
Assistant City Manager McDermott said this is to amend the
agreement to include Items 11 and 12. She said Item 11 is a pilot
program for a trial period of one year and Item 12 states, "If one
or more cities should withdraw within the trial period, the City
must reimburse the remaining City or Cities for costs including:
labor and other costs incurred due to their leaving the program
and that the City would lose all claim to the program equipment."
Assistant City Manager McDermott recommended approval of this
program. She said the truck should begin service on January 1,
1992.
VOTE: ALL VOTED AYE
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City Council Regular Meeting
12/11/91/KJ
Page 13
14. MOTION TO ADOPT Temp.Ord. #1573 on first reading to
amend Chapter 10 of the Code to provide regulations for the
protection of wildlife, natural resource areas, ecological
communities and their habitats.
aXNOPSIS OF ACTION-
Public hearing was held.
APPROVED on first reading. Second reading and public hearing will
be held on January 8, 1992.
City Attorney Ruf read Temp. Ord. #1573 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1573, SECONDED by
C/M Schumann.
Ms. Carpenter said this is an ordinance implementing the Tamarac
Comprehensive Plan by setting forth the conditions under which
environmentally sensitive lands will be conserved, preserved or
mitigated due to development. She said the required environmental
surveys are identified in the ordinance and are to be done by
certified biologists.
Ms. Carpenter said the ordinance applies to any natural resource
protection area as identified on the Broward County Land Use Plan
and there is one in Tamarac. She said it would apply to any
undeveloped area in the City in which one or more of the
ecological communities listed in the Conservation Element of the
Comprehensive Plan is present, which includes oak hammocks,
cypress swamps or other areas that contain certain soils, native
vegetation or animals.
Ms. Carpenter said the Planning Commission held a workshop meeting
regarding this item in addition to its public hearing. She said
the Engineering and Parks Departments were asked to review this
ordinance and no adverse comments were submitted.
City Attorney Ruf said this is a requirement of the Comprehensive
Plan.
Ms. Carpenter said this is a required implementation by the State,
County and the South Florida Regional Planning Council as part of
the City's Comprehensive Plan.
VOTE:
ALL VOTED AYE
15. 140TIQN TO ADOPT Tamr). Ord-- #1575 on first reading to
implement the requirements of Section 163.3202, Florida
Statutes, which requires the adoption of land development
regulations to implement the City's Comprehensive Plan by
creating a new Section 10-121(g) of the Code incorporating,
by reference, Chapter 27 of the Broward County Code relating
to wellfield protection.
I UQR S I S OF ACTION:
Public Hearing was held.
APPROVED on first reading. Second reading and public hearing will
be held on January 8, 1992.
City Attorney Ruf read Temp. Reso. #1575 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #1575, SECONDED by
C/M Schumann.
Ms. Carpenter said this is to implement the Comprehensive Plan.
She said when the Florida Department of Community Affairs reviewed
the Tamarac Comprehensive Plan, it was determined that even though
the City was covered by the Broward County Wellfield Protection
Ordinance under the environmental provisions of the Broward County
Charter, the City had not adopted its ordinance into the City's
City Council Regular Meeting
12/11/91/KJ
Page 14
ordinances. She said this will not change any operating procedures
at all. She said the County will still run the program and do the
implementation.
VOTE: ALL VOTED AYE
16, on first reading to
amend Section 12-30(c) of the Code to provide for
occupational license approval through the Director of
Community Development to determine if the proposed business
use is allowed under the zoning portion of the Code.
SYNOPSIS OF ACTION:
Public Hearing was held.
APPROVED on first reading. Second reading and public hearing will
be held on January 8, 1992.
City Attorney Ruf read Temp. Ord. #1584 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1584, SECONDED by
V/M Bender.
Ms. Carpenter said the ordinance as currently written allows the
Occupational License Supervisor to make zoning determinations on
occupational license applications. She said in order to provide a
separation of powers where the person issuing the permit does not
have to be subject to the public by finding against an applicant,
this request is to move the zoning determination to the Planning
Department. Discussion was held regarding specific language in the
ordinance.
City Attorney Ruf suggested that this be passed on first reading
and clarification will be made of the language.
VOTE: ALL VOTED AYE
REPORTS
17. City Council
C/M Schumann wished everyone a happy holiday season.
C/M Katz wished everyone a happy holiday season and commended the
Public Services Department, Ed Doyle, Parks and Recreation
Operations Manager and City Manager Kelly for their efforts in the
Holiday Lighting Festival.
C/W Glasser said she has been working with Assistant City Manager
McDermott on a Senior Center program. She said this is a much
needed service. She wished everyone a happy holiday and healthy
new year.
V/M Bender referred to Item 4 on this Agenda regarding
authorization to rebid. He stated that Council approved the
rejection of the bids and authorized negotiations. Discussion was
held regarding this.
V/M Bender said in October, he had objected to the 25%
fee/contingency option and MAS was willing to reduce this to 20%.
He said he had suggested that FP&L be the first audit based upon
the largest amount of money possibly recoverable in the form of
franchise fees. He said he had rated the cable company #2, the
waste haulers #3 and Southern Bell as #4, which was predicated on
an escalating scale of revenues coming into the City.
Mayor Abramowitz said he would prefer giving them 50% of the
recoverable money and not pay anything prior to the audit. Further
discussion was held regarding the franchises.
1.1
City Council Regular Meeting
12/11/91/KJ
Page 15
V/M Bender wished everyone a happy and healthy new year.
C/M Katz asked if Council authorized the City Manager to negotiate
with MAS.
Mayor Abramowitz said Council has rejected the bids and City
Manager Kelly is going to present to Council a determination from
himself and Staff that one of the franchises mentioned seemed to
be the priority. He said at the time the determination is made,
City Manager Kelly will negotiate with MAS for this.
Mayor Abramotz said Coal makes the final decision which will
}1.e8t fQr t C1, tyi.
Mayor Abramowitz s i aria r lane was forced to land on the Sabal
Y P
Palm Golf Course today and it was a safe landing. He wished
everyone a happy holiday season.
City Manager Kelly requested that Council address the ambulance
issue soon and there is concern about the perception of the
community regarding this. He said the Tam -A -Gram is going to print
next week if Council wants a draft prepared as to what Council is
considering regarding the ambulance issue.
Mayor Abramowitz said Council needs to hold a discussion regarding
this. He said the most important issue is to remove the fears of
anyone in the City that the ambulance program has changed.
Mayor Abramowitz said the next Regular Council meeting will be
held on January 8, 1992, due to the holiday season.
City Manager Kelly said the six month probationary period for the
members of the Public Services Department is up. He said he is
meeting with Mr. Couzzo to review these employees under this
probationary period and he will provide a written report to
Council of the results and accomplishments. He recommended a
meeting be held to discuss these results.
City Manager Kelly said there have been two meetings held to
discuss proposals of the recycling issue to provide single-family
and multi -family services. He said the Committee will be providing
their recommendations to Council. He said a joint meeting of all
municipalities will be held on January 2,,1992 and he recommended
a workshop be held prior to this meeting for clarification of
these recommendations.
City Manager Kelly said the City received a proposal to go out for
bid on refinancing of some of the Ci.ty's bonds. He said the City
received an offer suggesting that they could save the City
approximately $128,000. He said a solicitation for bids has been
prepared and he requested Council consider refunding $12,700,000
issue of water and sewer utility revenue bonds, series 1986, and
the $5,520,000 general obligation bond, series 1986. He said he
will provide this proposal to Council. Further discussion was held
regarding this.
Mayor Abramowitz requested that the Investment Advisory Board be
permitted to review this to provide their knowledge and input in
this matter and City Manager Kelly agreed.
City Council Regular Meeting
12/11/91/KJ
Page 16
City Manager Kelly said Mr. Couzzo has been directed to remove
everything from the old City Hall building to allow the Jehovah's
Witnesses to continue with their project.
City Manager Kelly wished everyone a happy holiday season.
With no further business, Mayor Abramowitz ADJOURNED this meeting at
11:00 a.m.
—M A AAwmft�&
14111100
NORMAN ABRAMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
"This public document was promulgated at a cost of $190.37 or $4.23
per copy to inform the general public, public officers and employees
of recent opinions and considerations of the City Council of the City
of Tamarac."
APr'ROVED AT MEETING OF J
City Clerk
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