HomeMy WebLinkAbout1989-02-08 - City Commission Regular Meeting Minutes1
7525 N.W. 88th AVENUE
TAMARAC, FLORIDA 3,3321.2401
RECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, FEBRUARY 8, 1989
CALL TO ORDER: 7:00 P.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chair at this time will announce those Items wh ch 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.
INTRODUCTION
1. PRESENTATION to Mayor and Council of a plaque by the
Tamarac Athletic Federation.
FINAL ACTION:
PRESENTATION was made by Mr. Bill George.
CONSENT AGENDA
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.
City Attorney
a. MOTION TO APPROVE the attendance of the City
Attorney at the Twelfth Annual Local Government
Law in Florida Seminar on March 10-11, 1989, at
Ponte Vedra Beach, Florida.
FINAL ACTION:
APPROVED.
City Clerk
b. MOTION TO APPROVE the minutes of the City Council
regular meeting of 1/11/89.
FINAL ACTION:
APPROVED.
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02/08/89
Police Department
E
2. c. MOTION TO ADOPT Tem Reso. #5304 authorizing the
appropriate City officials to execute a Statement
of Understanding and Release of Liability with the
City of Fort Lauderdale to allow Tamarac Police
Department the use of Fort Lauderdale's motorcycle
training facility.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-27 PASSED.
Utilities/Engineering
d. MOTION TO APPROVE Change Order 6 to the contract
with R.J. Sullivan Corporation to add 60 days to
the contract completion date due to delays
associated with equipment suppliers and FP&L on
TUW Project 86-14, Rehabilitation and Expansion of
Water Treatment Plant; new completion date will be
3/2/89.
FINAL ACTION:
APPROVED.
OPEN PUBLIC FORUM
3. OPEN PUBLIC FORUM - Any member of the public who wishes
to address the City Council at this time must, in
advance of the item, give his/her name and address to
the City Clerk.
FINAL ACTION:
Open Public Forum was held.
REPORTS
4. City Council
5. City Manager
6. City Attorney
CONSIDERATIONS
Community Develo ment
7. MOTION TO APPROVE a model sales facility for CYPRESS
III AT WOODMONT in Units 104, 105 and 106 of Building
7, 7260 Woodmont Terrace, and waiver of the 300-foot
distance requirement for issuance of certificates of
occupancy for a six-month period from 2/8/89 to 8/8/89.
FINAL ACTION:
APPROVED.
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General Administrative
8. a. MOTION TO APPROVE Change Orders 18 through 30 to
the contract with James A. Cummings, Inc.,
reflecting an increase to the contract in the
amount of $29,084.00 for the TAMARAC MUNICIPAL
COMPLEX/CITY HALL.
b. MOTION TO ACCEPT Releases of Liens as submitted by
James A. Cummings, Inc., for the TAMARAC MUNICIPAL
COMPLEX/CITY HALL.
c. MOTION TO APPROVE final payment in the amount of
172,741.00 to James A. Cummings, Inc., with
$15,000.00 to be retained by the City until
completion of corrective work to the air
conditioning system for the TAMARAC MUNICIPAL
COMPLEX/CITY HALL.
FINAL ACTION:
APPROVED 8.a.
APPROVED 8.b.
APPROVED 8.c.
Utilities/Engineering
9. MOTION TO APPROVE the appropriation of $90,000.00 for
the construction phase of a new 1500 GPM pump and all
appurtenances from water CIAO funds for Tract 27 Water
Tank, TUW Project 88-12, TUW Pump Additions and
Modifications.
FINAL ACTION:
APPROVED.
RESOLUTIONS
City Council
10. MOTION TO ADOPT Temp. Reso. #5298 appointing members to
the VETERANS AFFAIRS COMMITTEE.
FINAL
ACTION: RESOLUTION NO. R--89-28
APPOINTED the following eight (8) people to
Veterans Affairs Committee:
Abraham Blank - Disabled American Veterans
Kenneth J. Drown - American Legion
Nora F. Gould -- Amvets
Andrew A. Johnson -- American Legion
Solomon Kucharsky - Amvets
Al Mallor - Disabled American Veterans
Murray M. Schulman - Jewish War Veterans of
Louis Solomon - Jewish War Veterans of U.S.
PASSED.
the
U.S.
Community Develo ment
11. _MOTION TO ADOPT Temp. Reso. #5305 authorizing the
appropriate City officials to execute a Declaration of
Covenants and Restrictions with Broward County for the
City owned parcel at the northeast corner of Commercial
Boulevard and NW 88 Avenue prohibiting uses in the
County Wellfield Protection Zone.
FINAL ACTION: RESOLUTION NO. R-89-29 PASSED.
APPROVED.
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02/08/89
ORDINANCES
PUBLIC HEARING - 7:30 P.M.
Communit Development
12. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1424. Petition #31-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1424
on second reading pertaining to a request by
WESTLAKE VILLAS, INC., to rezone lands on the
south side of NW 77 Street at the northwest corner
of SPRINGLAKE II from R-3 (Low Density Multiple
Dwelling) to S--1 (Open Space/Recreation).
Petition #31-Z-88
FINAL ACTION: ORDINANCE NO. 0-89-5 PASSED.
12.a. ACCEPTED Affidavits.
12.b. APPROVED on second reading. Public hearing was
held.
13. a. MOTION TO ACCEPT Affidavits of Publication and
Post ng for Tem . Ord. #1425. Petition #32-Z-88
b. PUBLIC HEARING - MOTI.ON TO ADOPT Temp. Ord. #1425
on second reading pertaining to a request by___.—
WESTLAKE VILLAS, INC., to rezone lands at the
southeast corner of SPRING LAKE II -PHASE II,
north of the existing SPRING LAKE II clubhouse
area, from S-1 (Open Space/Recreation) to R-3 (Low
Density Multiple Dwelling). Petition #32-Z--88
FINAL ACTION: ORDINANCE NO. 0-89-6 PASSED.
13.a. ACCEPTED Affidavits.
13.b. APPROVED on second reading. Public hearing was
held.
14. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1423. Petition #34-Z-88
b. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1423
on second reading pertaining to a request by
KESSLER GROUP, INC., to rezone lands at the
northeast corner of Commercial Boulevard and NW 70
Avenue from B-1 (Neighborhood Business) and B-2
(Planned Business) to B-2 (Planned Business).
Petition #34-Z-88
FINAL ACTION: ORDINANCE NO. 0-89-7 PASSED.
14.a. ACCEPTED Affidavits.
14.b. APPROVED on second reading. Public hearing was
held.
City Council
15. MOTION TO ADOPT Temp. Ord. #1426 on first reading to
amend Article I of Section 2-7 of the Code by
increasing the number of alternate members on the
Public Information Board from two (2) to four (4).
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held during a Regular City Council
meeting on February 22, 1989, at 10:00 A.M.
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16. MOTION TO ADOPT Temp. Reso. #5306 authorizing the City
Manager to file a grant application with the appropri-
ate State agencies for a Xeriscape Grant.
FINAL ACTION: RESOLUTION NO. R-89-30 PASSED.
APPROVED.
AGENDIZED BY CONSENT
17. MOTION TO APPROVE the purchase of two (2) vehicles for
the Buil ing Department and one (1) vehicle for the
Community Development Department at a cost of
$24,640.58 from John Jochem Chevrolet under State
contract in lieu of bidding.
FINAL ACTION:
APPROVED.
18. DISCUSSION & POSSIBLE ACTION on a Community Services
Trust Fund Grant and a request that the City Council
authorize the City Attorney to draft the necessary
resolution and authorize the City Manager to send out
the Letter of Intent.
FINAL ACTION:
APPROVED.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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
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02/08/89
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, FEBRUARY 8, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, February 8, 1989 at 7:00 P.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
I_—le5ge
of Allegiana followe by a Moment of Silent Meditation dedicated
o the passing of Melissa Beutner, wife of Emil Beutner, Planning
ommissioner and Jack Marcus, husband of Lillian Marcus, City
Receptionist.
PRESENT:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
INTRODUCTION
1. PRESENTATION to Mayor and Council of a plaque by the Tamarac
Athletic Federation.
YNOPSIS OF ACTION:
PRESENTATION was made by William George, Jr.,
Representative of the Tamarac Athletic Federation.
Mayor Abramowitz asked the City Council to join him at
the podium.
William George, Jr., Representative of the Tamarac
Athletic Federation, thanked the City Council and staff
for the work recently done on the Tamarac Park fields and
Tract 27. He read the plaque into the record and
presented it to the City Council and Mayor.
Mayor Abramowitz asked Mike Couzzo, Director of Public
Works, and Alan Levine, Maintenance Supervisor, to come
to the podium. He read a letter submitted to the City
from the Tamarac Athletic Federation into the record
which commended staff for their cooperation and
participation on various projects.
C/M Rohr announced that T-Ball Season would begin on
February 12, 1989, and he asked the residents to attend.
AGENDIZED BY CONSENT
17. MOTION TO APPROVE the purchase of (2) two vehicles for
the Building Department and (1) onw vehicle for the Community
Development Department at a cost of $24,640.58 from John
Jochem Chevrolet under State Contract in lieu of bidding.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGE 16 for Final Action).
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2/8/89
* V/M Stelzer MOVED to AGENDIZE Item 17 by consent, SECONDED by
* C/M Bender.
VOTE:
ALL VOTED AYE
18. DISCUSSION AND POSSIBLE ACTION on a Community Services
Trust Fund Grant and a request that the City Council authorize
the City Attorney to draft the necessary resolution and
authorize the City Manager to send out the Letter of Intent.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGE 16 for Final Action).
* V/M Stelzer MOVED to AGENDIZE Item 18 by consent, SECONDED by
* C/M Bender.
VOTE: ALL VOTED AYE
CONSENT AGENDA - Item 2, a. through d.
City Attorney
2. a. MOTION TO APPROVE the attendance of the City Attorney
at the Twelfth Annual Local Government Law in Florida
Seminar on March 10 - 11, 1989, at Ponte Vedra Beach,
Florida.
SYNOPSIS OF ACTION:
APPROVED.
City Clerk
b. MOTION TO APPROVE the minutes of the City Council
regularmeet�� ng of 1/11/89.
SYNOPSIS OF ACTION:
APPROVED.
Police Department
C. MOTION TO ADOPT Temp. Re�so. #5304 authorizing the
appropriate City officials to execute a Statement of
Understanding and Release of Liability with the City
of Fort Lauderdale to allow Tamarac Police Department
the use of Fort Lauderdale's motorcycle training facility.
SYNOPSIS OF ACTION:
APPROVED.
Utilities/Engineering
RESOLUTION NO. R-89-27 - PASSED
d. MOTION TO APPROVE Change Order #6 to the contract with
R.J. Sullivan Corporation to add 60 days to the contract
completion date due to delays associated with equipment
suppliers and FP&L on TUW Project 86-14, Rehabilitation and
Expansion of Water Treatment Plant; new completion date
will be 3/2/89.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE Consent Agenda Item 2, a. through
* d., SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
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2/8/89
OPEN PUBLIC FORUM
3. OPEN PUBLIC FORUM
Melvin Reinow, Resident at 5305 NW 74 Avenue, had
concerns with the conditions of the trees in his area.
He said he inquired and was informed that the matter was
dismissed by the Code Enforcement Board.
City Attorney Doody said the Code Enforcement Board did
not act on this matter and it would be coming up at a
later Code Enforcement Board Meeting.
Mayor Abramowitz suggested that Mr. Reinow contact the
City Attorney regarding this matter.
Dorothy Emmert, Resident at 6319 NW 74 Avenue, had
concerns regarding the trees and she said there were 22
potential hazards behind her home because of the trees.
She asked that the City Council see that this matter was
handled appropriately.
Ron Catronio, Resident at 6901 NW 80 Street, had concerns
regarding the City Council's response to a letter sent by
the Charter Board. He said the Charter Board asked that
the City Council respond within 30 days; however, this
has not been done and he asked why.
Mr. Catronio asked for a report on the progress of Tract
27. He said the residents were informed that the area
would be available for athletic activities by March,
1989; however, the area would not be completed by then.
Mr. Catronio asked for a report on the progress of the
Recreation Complex.
Mr. Catronio asked why a letter was sent to Carla
Coleman, Representative of Florida Atlantic University in
Tallahassee, regarding the review of the City Charter.
He asked if the City Council was trying to diminish more
power from the Charter Board.
C/M Hoffman asked Mike Couzzo, Director of Public Works,
to comment on the question regarding Tract 27.
Mayor Abramowitz said the City was waiting for the
necessary documents from the School Board's Attorneys and
when the documents were available the project would
proceed.
Mike Couzzo, Director of Public Works, said the Engineers
were just completing the preliminary drawings for Tract
27 and, as soon as the drawings were available,
construction would begin.
(SEE PAGES 5, 6 and 7 for further discussions)
ORDINANCES
Community Development
12. a. MOTION TO ACCEPT Affidavits of
o�em . Ord. #1424. Petition
#31-Z-88
Publication and Posting
Page 3
2/8/89
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1424 on
second reading pertaining to a request by WESTLAKE VILLAS,
INC., to rezone lands on the south side of NW 77 Street
at the northwest corner of SPRINGLAKE II from R--3 (Low
Density Multiple Dwelling) to S-1 (Open Space/Recreation).
Petition #31-Z-88
SYNOPSIS OF ACTION; ORDINANCE NO. 0-89-5 - PASSED
Public Hear g-was held.
a. ACCEPTED Affidavits.
b. APPROVED on second reading.
* C/M Hoffman MOVED to APPROVE Affidavits of Publication and
* Posting for Temp. Ord. #1424, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp., Ord. #1424 by title.
* C/M Bender MOVED to APPROVE Temp. Ord. #1424 on second reading,
* SECONDED by C/M Hoffman.
Kelly Carpenter/Craft, City Planner, said this Item was
in conjunction to Item 13. She said the request was to
swap zones on the property to accommodate the concerns of
the surrounding residents. She said the Planning
Commission and staff recommend approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
13. a. MOTION TO ACCEPT Affidavits of Publication and
Po -sting -Tor Temp. Ord. #1425. Petition
#32-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1425 on second
reading pertaining to a request by WESTLAKE VILLAS, INC.,
to rezone lands at the southeast corner of SPRING LAKE II -
PHASE II, north of the existing SPRING LAKE II clubhouse
area, from S-1 (Open Space/Recreation) to R-3 (Low Density
Multiple Dwelling). Petition #32-Z-88
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-6 - PASSED
Public Hearing was held.
a. ACCEPTED Affidavits.
b. APPROVED on second reading.
C/M Hoffman MOVED to APPROVE Affidavits of Publication and
* Posting for Temp. Ord. #1425, SECONDED by C/M Bender.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1425 by title.
* C/M Bender MOVED to APPROVE Temp. Ord. #1425 on second reading,
* SECONDED by C/M Hoffman.
Mrs. Carpenter -Craft said this Item was the second half
of Item 12. She said the Planning Commission and staff
recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
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ALL VOTED AYE
2/8/89
14. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1423. Petition
#34-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1423 on second
reading pertaining to a request by KESKESSLER GROUP, INC., to
rezone lands at the northeast corner of Commercial Boulevard
and NW 70 Avenue from B-1 (Neighborhood Business) and B-2
(Planned Business) to B-2 (Planned Business). Petition
#34-Z-88
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-7 - PASSED
Public Hear g"was held.
a. ACCEPTED Affidavits.
b. APPROVED on second reading.
* C/M Hoffman MOVED to APPROVE Affidavits of Publication and
* Posting for Temp. Ord. #1423, SECONDED by C/M Bender.
VOTE: ALL VOTED AYE
City Attorney Doody read Tem2_- Ord. #1423 by title.
* C/M Bender MOVED to APPROVE Temp. Ord. #1423 on second reading,
* SECONDED by C/M Hoffman.
Mrs. Carpenter -Craft said this request was to rezone 5.6
acres to allow the appropriate square footage on the
site. She said the developer would be placing 5 separate
parcels on the property. She said this development would
be an asset to the City and she recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
OPEN PUBLIC FORUM
3. OPEN PUBLIC FORUM
ALL VOTED AYE
Vickie Beech, Resident at 9102 NW 67 Court, had concerns
regarding the screening at Visual Graphics. She said
screening did not hide the trailers and trucks in the
area and she asked if this was a temporary matter.
City Manager Kelly said that the problem was temporary
and would be improved in the near future.
Mrs. Beech said at a previous City Council meeting, the
City Council Tabled a Study done by Darby & Way for Sabal
Palms Golf Course. She said she has received several
telephone calls regarding recent negotiations occurring
with Richard Stackhouse. She asked if these negotiations
would jeopardize the Study.
Mayor Abramowitz said there were no negotiations taking
place at this time and the study was not being dismissed.
Joe Schreiber, Resident of Clairmont/Kings Point.
IDITORIS NOTE: Because of an inaudible Tape, Mr. Schreiber's concerns
will be submitted to the City Attorney and the answers
will be given at a future City Council meeting at the
request of C/M Rohr.
Page 5
2/8/89
Irving Katz, Resident of Lakes of Carriage Hills, said
several months ago, v/M Stelzer proposed to the City
Council the possibility of the City being responsible for
placing street signs. He said he would like this matter
readdressed because there was a need.for street signs in
the City.
Mayon Abramowitz said he would be calling a Workshop on
the matter regarding street signs.
Hy Hockman, Resident of Sands Point, had concerns
regarding noises such as lawn mowers, etc. occurring
before 8:00 A.M. He said the Golf Course across from his
home began mowing at 7:00 A.M. and he asked if this could
be stopped.
City Manager Kelly said he recently met with the Chief of
Police on the matter and the Golf Course was asked to
comply with the Ordinance. He said the Police Chief was
monitoring the area.
Mr. Hockman said that the problem was still continuing
and Mayor Abramowitz asked Mr. Hockman to send a letter
to the City Manager Kelly regarding this matter.
Milt Green, Resident, had concerns with the Police not
patrolling his area after 10:00 P.M. He said the
lighting in the area was bad and it would be comfortable
knowing that the Police were concerned with the area.
Mayor Abramowitz asked Mr. Green to submit a letter to
the City Manager on this matter.
Norman Peck, Resident of Faircrest 14, asked that the
City Council assist in getting the appropriate stop signs
placed in the City.
Mayor Abramowitz said he was planning to call a Workshop
on this matter because it was a great concern of the City
Council and residents.
TAPE 2
Melanie Reynolds, Resident of Sands Point, said when she
said that Waste Management, Inc., had a franchise, C/M
Hoffman said the franchise was a contract. She said when
she asked that the firms involved in recycling come
before the City Council so that the public could be
informed, C/M Rohr said negotiations probably had to be
done behind closed doors with Waste Management, Inc.,
first.
Mrs. Reynolds said Florida Law stated, "In the
development and implementation of a curbside recyclable
materials collection program, a municipality shall enter
into negotiations with a franchisee." She said either
Waste Management, Inc., had a franchise or not. She said
the City Council was in violation of the City Charter,
Code and State Law concerning the contract with Waste
Management, Inc., because it was not put out for bidding;
therefore, the City Council should follow the Attorney
General's advice that the City should submit a proposed
amendment by Ordinance to the vote of the electors in
accordance to Section 366.031 of the Florida State
Statutes to change the City Charter to provide for direct
negotiations of municipal service contracts of any type
or character with advertisement and competitive bids.
Page 6
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2/8/89
Mrs. Reynolds asked what the urgency was at the last City
Council meeting to contact Carla Coleman, Representative
of Florida Atlantic University in -Tallahassee, to review
the City's Charter. She said City Manager Kelly's files
contained a letter two years old from the International
City Manager's Association criticizing the City Charter.
She said the Charter should have been reviewed at that
time, not now, before the elections and without the
consent of the Charter Board.
Mrs. Reynolds said as per Resolution R-86-376, the public
may not speak in Open Forum on any item on the Agenda;
therefore, the City Council should be guided by this
Resolution to prohibit Items that are not urgent to be
Agendized by Consent.
REPORTS
4. CITY COUNCIL REPORTS
C/M Hoffman - No report.
C/M Rohr asked the City Attorney to prepare a Resolution
appointing Sam Tepper as a Regular member for the vacant
position on the Public Information Board.
C/M Rohr said he would like to refer the Recycling
Program to the City Manager who was presently negotiating
with other Cities for a contract with Waste Management,
Inc.
C/M Rohr said he objected to Mrs. Reynolds comment
regarding things being done behind closed doors because
the City Council opened every meeting to the public. He
said Mrs. Reynolds has attended those meetings more than
any other resident and the statement was vicious and
unproven.
C/M Bender - announced that the Broward County Legislative
Delegation would be holding Public Hearings regarding
health .issues on Thursday, February 16, 1989 at 2:00 to
5:00 P.M. at Plantation City Hall, 400 NW 73 Avenue. He
said he would be addressing health issues at 4:00 P.M. and
asked the City of Tamarac residents to attend.
C/M Bender asked for the City Council's expression of
interest regarding a Resolution from the City to the
Governor and Cabinet pertaining to the 500000 volt
transmission line that Florida Power & Light requested to
install at the west end of Tamarac. He asked that the
Resolution indicate that the City requests that Florida
Power & Light find an alternate corridor for the
transmission line.
V/M Stelzer said the Broward League of Cities Board of
Directors drew up a Resolution on this matter that was
supposed to be approved by the surrounding Cities
protesting the volt transmission line. He said City
Manager Kelly created a letter opposing the transmission
line.
Mayor Abramowitz said this matter was required under the
10 day ruling once the information was received by the
City.
Page 7
2/8/89
C/M Bender said the City Council should take a firm stand
on this matter in addition to the League of Cities
opposition.
C/M Rohr said he agreed with C/M Bender because it would
be good for Tamarac to independently send a Resolution to
the Governor and Cabinet opposing the transmission line.
The City Council AGREED to this Resolution being drafted.
V/M Stelzer said during the Presidents Council meeting, the
residents were concerned with street signs. He said he
has been requesting a 4-way stop sign be placed at 61
Street and 84 Avenue and it was finally placed there. He
said because of the interest shown at the Presidents
Council, a Workshop regarding signage should be called.
V/M Stelzer said the County was asked if there were any
lawsuits because of a stop sign. He said there were
reports submitted by the City Attorney because of concern
regarding liability; however, the reports indicated that
the lawsuits were for electrical signage only.
V/M Stelzer said he directed the City Manager at the
January 25, 1989 City Council Meeting to investigate the
status of the Storm Water Drainage Project and he asked
the City Manager to report on this matter.
V/M Stelzer asked for a report on the recycling contract
because he understood that the recent negotiations were
denied by C/M Rohr. He said C/M Rohr was concerned about
other Cities getting a better contract than Tamarac. He
said the newspaper market was decreasing causing the
previous negotiations to change. He said he would like
to know the City's intent because conformance was
required by July 1, 1989.
V/M Stelzer asked what was occurring with the Condominium
Recycling Program. He asked if any Condominiums
submitted suggestions regarding a recycling program.
V/M Stelzer said Mayor Abramowitz stated several weeks
ago that he would investigate the Cardinal Industries
matter to see why Bernard Hart and Jack Stelzer gave away
the people's rights. He asked if there were any findings
that should be reported to the public.
Mayor Abramowitz said he never mentioned names during his
reports on the Cardinal Industries matter. He said
during his investigation regarding the Cardinal
Industries matter he found that when the litigation was
won by the City, the rules and regulations would not
allow the development to be built. He said a Settlement
Agreement was made and approved by the previous City
Council which gave away the things that were won in the
litigation. He read a portion of the Agreement into the
record:
"The character, size and square footage of Cardinal's modular
housing units (in all respects substantially the same as
Cardinal's Southgate Development in the City) are hereby
accepted and approved by the City."
Mayor Abramowitz said this Agreement meant that whatever
was won in the litigation no longer applied to the
Cardinal Industries development. He said the Consulting
Attorneys negotiated this Agreement and the City Council
Page 8
2/8/89
approved the Agreement. He said he would never approve
recommendations that he was uncomfortable with.
Mayor Abramowitz said the Consulting Attorney worked at
the pleasure of the City Council in a lawful and legal
manner and the City Council made the final decisions. He
said he did not believe that the Consulting Attorney was
to blame for the Agreement.
V/M Stelzer said the City Council asked the Consulting
Attorney for an opinion as opposed to telling the
Consulting Attorney what to do. He said the Consulting
Attorney informed the City Council why the Agreement
should be approved. He said Mayor Abramowitz was stating
that the City Council gave the Agreement to the
Consulting Attorney to draft.
Mayor Abramowitz said he stated that the City Council
listened to their Attorneys and should make a decision on
the matter. He said this was the purpose of having a
City Council and, if the appropriate decisions could not
be made, the City Council should not exist.
Mayor Abramowitz said he has received several complaints
regarding the lighting problems in the City. He said
these complaints were legitimate and the lighting problem
was very dangerous. He said he asked the City Manager to
submit a report regarding the cost and procedures needed
to correct the lighting problem. He said last year, the
City allocated $83,750.00 for a Lighting Project;
however, the areas needing lighting the most had to be
determined.
Mayor Abramowitz said the City Manager submitted a report
from the Engineering Department which indicated that
2,000 existing street lights needed upgrading and 300
additional street lights needed to be installed to bring
the City's existing communities up to standard. He said
the one time upfront cost would be approximately 2
million dollars to upgrade the existing lights.
Mayor Abramowitz said there was no way that the City
could allocate 2 million dollars in the Budget for street
lighting. He said it would take 25 years to complete the
street lighting project if the existing procedures were
followed.
Mayor Abramowitz said there were concerns regarding
sidewalks in the City. He asked the City Manager to
submit a Referendum Item to the City Council for approval
regarding a Bond Program for the street lighting and
sidewalk projects.
TAPE 3
5. CITY MANAGER REPORT
City Manager Kelly said after investigating the files for
the Storm Water Drainage Project, he found no evidence of
work being done for the project.
V/M Stelzer said a Resolution was passed to allow this
project to be started and he asked if a new Resolution
was needed to pursue the matter.
City Attorney Doody said he would have to review the
existing Resolution and. Mayor Abramowitz asked V/M
Stelzer to contact the City Attorney regarding this
matter.
Page 9
2/8/89
6.
City Manager Kelly said the City was trying to get the
Recycling Program at no cost; however, when the City
would receive 50% for recycled materials, the cost would
have been $.13 per unit per month. He said the cost was
negotiated to 75% at $.10 per unit per month which was an
upfront cost of $1.74 per year or $275,000.00 per year.
He said this cost would come after subtracting the
tonnage and recycling approximately 386 tons per month.
City Manager Kelly said the contract was almost completed
with Waste Management, Inc.; however, Waste Management,
Inc., recently informed him that the market for newspaper
was not large and the glass items would have to be
separated by color. He said these costs were expensive;
therefore, information was being obtained from other
waste companies regarding the existing market. He said
Broward County indicated that the issue of marketing was
a factor in their negotiations and they were negotiating
that the company providing the services be responsible
for the marketing of the commodities.
City Manager Kelly said he was not pleased with this
matter; however, negotiations were takin
re
formation of a contract that would involveplace severalgarding
surrounding Cities. He said he informed Waste
Management, Inc., that he would like to wait for a market
correction before further negotiations took place. He
said he would report back to the City Council if anything
new developed on the matter.
City Manager Kelly said the Police manpower issue was
very serious and the Police Chief submitted a report
indicating that approximately 12 people were absent
because of various injuries or sicknesses. He said six
of the Police Officers absent were from the day shift and
the contract required that 5 Police Officers be on duty
at all times. He said this was not possible because
there were only 7 officers available on the day shift at
this time.
City Manager Kelly said that off -duty Police Officers
were being called to work and time and a half was being
paid. He said there were 3 new people in the Police
Academy and 2 positions to be filled. He said the City
was looking for good Police Officers; however, it was
difficult to get good Police Officers that were
experienced and free from drugs. He said there were
several other Cities suffering from this problem as well;
therefore, the matter was very competitive.
City Manager Kelly said Carla Coleman was the Director of
Governmental Relations of Florida Atlantic University and
a Governmental Lobbyist. He said he informed the Charter
Board members that Ms. Coleman would not be available to
discuss any terms with the City regarding working on the
City's Charter until March, 1989, and would not begin
working on the Charter until June or July, 1989. He said
Ms. Coleman asked for a copy of the Charter which she
would be receiving.
CITY ATTORNEY REPORT
City Attorney Dom - No report.
Page 10
2/8/89
Milt Green, Resident, had concerns regarding how much it
cost and how long it took. the City to convert the
existing lighting illumination from the previous
illumination.
Mayor Abramowitz suggested that Mr. Green submit his
questions to the City Council in writing so that they
could be answered correctly.
Irving Katz, Resident of Lakes of Carriage Hills, said
the criteria for the lighting was limited because of the
Budget allowance. He said he approved of a Referendum
for a Bond Issue to correct the street lighting and
sidewalk problems in the City.
CONSIDERATIONS
Community Development
7. MOTION TO APPROVE a model sales facility for CYPRESS
III AT WOODMONT in Units 104, 105 and 106 of Building 7,
7260 Woodmont Terrace, and waiver of the 300-foot distance
requirement for issuance of certificates of occupancy for
a six-month period from 2/8/89 to 8/8/89.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Belly Carpenter -Craft, City Planner, said Commonwealth
Savings and Loan has taken over Buildings 4 and 7 and
requested one of the Realty Companies to operate their
sales office. She recommended approval of this Item.
Mayor Abramowitz asked if all of the fees were paid and
Mrs. Carpenter -Craft replied, yes.
VOTE: ALL VOTED AYE
General Administrative
8. a. MOTION TO APPROVE Change Orders 18 through 30 to the
contract with James A. Cummings, Inc., reflecting an
increase to the contract in the amount of $29,084.00 for
the TAMARAC MUNICIPAL COMPLEX/CITY HALL.
b. MOTION TO ACCEPT Releases of Liens as submitted by
James A. Cummings, Inc., for the TAMARAC MUNICIPAL COMPLEX/
CITY HALL.
c. MOTION TO APPROVE final payment in the amount of
172,741.00 to James A. Cummings, Inc., with $15,000.00
to be retained by the City until completion of corrective
work to the air conditioning system for the TAMARAC
MUNICIPAL COMPLEX/CITY HALL.
SYNOPSIS OF ACTION:
APPROVED a., b. and c.
a) C/M Rohr MOVED to APPROVE Item 14, a., SECONDED by C/M Bender.
City Manager Kelly said in completing the Tamarac
Municipal Complex/City Hall several Change Orders were
proposed by the Contractor for a total of $59,593.00. He
said the Construction Manager Supervisor and Architects
required $29,000.00 for a savings of approximately
Page 11
2/8/89
*
$30,000.00. He said an additional $20,000.00 requested
by the Contractor was refused for the Change Orders. He
recommended approval of this Item.
C/M Bender asked if the Change Orders were in the Budget
allocated for the project and City Manager Kelly replied,
yes.
VOTE:
ALL VOTED AYE
b) C/M Rohr MOVED to APPROVE Item 14, b., SECONDED by C/M Bender.
City Manager Kelly said the Architect and Construction
Manager were satisfied that the Release of Liens were
appropriate and he recommended approval.
VOTE:
ALL VOTED AYE
c) C/M Bender MOVED to APPROVE Item 14, c., SECONDED by C/M Hoffman.
City Manager Kelly said the City Council was previously
concerned about work that was done that was not
appropriate. He said the Firm cooperated with the City
and was concerned that most of the work done was the
responsibility of the sub -contractors. He said work by
the Firm was inspected by the Public Works and Building
Departments and the amount of $172,741.00 was being
approved for release; however, $15,000.00 would be
retained for air conditioning work.
Mayor Abramowitz asked if all of the corrective work was
completed and City Manager Kelly said work done by the
contractor was corrected.
V/M Stelzer asked if money would be held from the
sub -contractors.
Keith Emery, President of Construction Management, Inc.,
said the Items were being corrected, otherwise monies
would be withheld.
VOTE: ALL VOTED AYE
Utilities/Engineering
9. MOTION TO APPROVE the appropriation of $90,000.00 for
theconstruct on phase of a new 1500 GPM pump and all
appurtenances from water CIAC funds for Tract 27 Water
Tank, TUW Project 88-12, TUW Pump Additions and
Modifications.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Bob Foy, Director of Utilities/Engineering, said it was
necessary to provide an additional 1500 GPM pump at Tract
27 to provide capacity for future growth in the western
part of the City. He recommended approval for the
transfer of Impact Funds from the CIAC Fund into an
account for this equipment.
VOTE:
Page 12
ALL VOTED AYE
1
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2/8/89
RESOLUTIONS
City Council
10. MOTION TO ADOPT Temp. Reso. #5298 appointing members to the
VETERANS AFFAIRS COMMITTEE.
>YNOPSIS OF ACTION: RESOLUTION NO. R-89-28 -- PASSED
APPROVED the Appointment of the following:
Abraham Blank - Disabled American Veterans
Al Mallor - Disabled American Veterans
Kenneth J. Drown - American Legion
Andrew A. Johnson - American Legion
Louis Solomon - Jewish War Veterans of the United States
Murray M. Schulman - Jewish War Veterans of the United States
Nora F. Gould - Amvets
Solomon Kucharsky -- Amvets
City Attorney Doody read Temp. Reso. #5298 by title.
C/M Hoffman said the four major Veterans Organizations in
Tamarac were asked to submit recommendations for members
of the Veterans Affairs Committee. He said the
Organizations recommended the following people as members
of the Veterans Affairs Committee:
Disabled American Veterans Y- Chapter 73 - Abraham Blank
Al Mallor
American Legion -- Post 265 - Kenneth J. Drown
Andrew A. Johnson
Jewish War Veterans of the United - Louis Solomon
States -- Post 519 - Murray M. Schulman
AMVETS - Post 2 - Nora F. Gould
- Solomon Kucharsky
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5298, appointing
* those nominated, SECONDED by C M Bender.
Mayor Abramowitz said there were two letters submitted by
the Veterans Hospital in Miami, regarding the Veterans
Picnic held on January 13, 1989 at Veterans Park. He
said 50 participants were expected; however, there was a
total of 80 people. He said the Veterans Organizations
should be thanked. He said a second letter thanked the
Alliance for contributing to the picnic. He said the
residents should attend one of the picnics to see the
contributions given to the Veterans.
VOTE:
AL1 VOTED AYE
Mayor Abramowitz asked the City Manager to investigate
the Budget to see if $2,000.00 could be allotted for the
Veterans Affairs Committee,
V/M Stelzer suggested that the money be deducted from the
Parks and Recreation Budget because when the Veterans
Affairs Committee was eliminated it was combined with the
Parks and Recreation Department.
Page 13
W"Am
Community Development
ll. MOTION TO ADOPT Temp. eso. #5305 authorizing the appro-
priate City�ficials to execute a Declaration of Covenants
and Restrictions with Broward County for the City -owned parcel
at the northeast corner of Commercial Boulevard and NW 88
Avenue prohibiting uses in the County Wellfield Protection
Zone.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-29 - PASSED
City Attorney Doody read Temp. Reso. #5305 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5305, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, City Planner, said a Land Use
Amendment was approved by the Broward County Council and
Board of Commissioners from Utilities to Commercial for
the northeast corner of NW 88 Avenue and Commercial
Boulevard - Public Works Facility. She said the approval
was contingent upon the appropriate agencies, including
the City, executing the Declaration of Covenants and
Restrictions. She said the documents prohibit the use of
prohibited substances found in the County's Wellfield
Resolution.
Vickie Beech, Resident, asked if there were wellfields in
the area and City Manager Kelly said there were several
acres immediately on NW 88 Avenue that Broward County
demanded that the City adopt restricted Covenants.
City Attorney Doody said there was no wellfield on the
site; however, the zone was 3.
Mrs. Carpenter -Craft said the County's Wellfield
Protection Ordinance has three zones of protection. She
said the Wellfield was in Zone 1; therefore, there were
certain levels of protection. She said the purpose of
the Resolution was to prohibit uses that would negatively
affect the area.
Anthony Silvestri, Planning Commissioner, had concerns
with the land on the corner of Commercial Boulevard and
NW 88Avenue. He said he understood that the two separate
lots from the corner would have to comply with the
restrictions; however, he asked if the restrictions
pertained to the corner.
Mrs. Carpenter -Craft said in 1984/85, the County hired a
consulting engineering firm to draw up the Wellfield
Protection Zones based on the wellfield draw -downs around
the municipal and private wells of Broward County. She
said a set of isolines were developed which described the
various draw -down level Zone as 1, 2 and 3. She said the
parcel only contained a Zone 3; however, there was a
isoline which went through the site.
VOTE:
City Council
ALL VOTED AYE
15. MOTION TO ADOPT Tem . Ord. #1426 on first reading to
amend Article I of Section 2-7 of the Code by increasing the
number of alternate members on the Public Information Board
from two (2) to four (4) .
Page 14
1
I
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2/8/89
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temp. Ord. #1426 by title.
* C/M Rohr MOVED to APPROVE Tem . Ord. #1426, on first
* reading, SECONDED by C/M Bender.
Irving Lopatey, Chairman of the Consumer Affairs Board,
said he did not object to this Amendment; however, there
was an Associate member on the Consumer Affairs Board
that participated as much as the Regular members. He
asked that the City Council consider changing the
Associate position on the Consumer Affairs Board to an
Alternate position.
VOTE: ALL VOTED AYE
16. MOTION TO ADOPT Temp. Reso. #5306 authorizing the City
Manager to e a grant apple anon with the appropriate
State agencies for a Xeriscape Grant.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-30 - PASSED
City Attorney Doody read Temp Reso. #5306 by title.
* C/M Bender MOVED to APPROVE Tom_ Reso. #5306, SECONDED by
* C/M Hoffman.
City Manager Kelly said the grant application was asking
the Legislative Delegation to support the proposal for
Xeriscape. He said Xeriscape was a form of landscaping
which took advantage of native plants, minimized the cost
of irrigation and minimized the draw -down pull of water.
He said this type of landscaping would eventually be
required throughout South Florida and he was pleased with
the efficient and accurate work by Kelly Carpenter -Craft,
City Planner, and Dina McDermott, Assistant to the City
Manager, in getting the grant proposal drafted.
City Manager Kelly said the proposal was requesting
$250,000.00 from the State and there was presently
$50,000.00 in the Budget for the design work. He said
the Competitive Selection Committee previously approved
this and would be reviewing applications from various
Landscape Architects to do the work. He said this was an
exciting opportunity for Tamarac to take a leadership
role in providing Xeriscape landscaping.
Mayor Abramowitz said he discussed this matter with State
Representative Peter Deutsch and after Representative
Deutsch was informed about Xeriscape landscaping, he was
very excited that the City of Tamarac would be doing this
type of project. He said this type of project would be
an asset to the City.
City Attorney Doody asked if the City Council wanted the
Resolution changed stating in an amount not to exceed
$250,000.00.
Mayor Abramowitz said the amount of $250,000.00 was
determined for the project.
V/M Stelzer said the Resolution called for a one mile
strip which was 5,280 feet; however, 8,000 linear feet
was being considered.
Page 15
MUM
Kelly Carpenter -Craft, City Planner, said when the
estimate was received it was for a minimum of $30.00 per
linear foot which would buy up to 8,000 linear feet. She
said staff felt that the actual linear foot would be
more; therefore, one mile was estimated for the
Resolution.
VOTE:
AGENDIZED BY CONSENT
ALL VOTED AYE
17. MOTION TO APPROVE the purchase of (2) two vehicles for
the Building Department and (1) one vehicle for the Community
Development Department at a cost of $24,640.58 from John
Jochem Chevrolet under State Contract in lieu of bidding.
SYNOPSIS OF ACTION:
AGENDIZED by Consent on Page 2.
APPROVED the purchase of the 3 vehicles
at a cost of $24,640.58.
City Manager Kelly said this was a request for one
vehicle for the Community Development Department and 2
vehicles for the Building Department at a cost of
$24,640.58. He said the purchase would take place under
the State contract in lieu of bidding and he recommended
approval because of the urgent need for the vehicles.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
City Attorney Doody said the purchase would be under the
State contract; therefore, it was consistent with the
waiver of bidding procedures.
VOTE:
18. DISCUSSION AND POSSIBLE ACTION
Trust Fund Grant and a request
the City Attorney to draft the
authorize the City Manager to
SYNOPSIS OF ACTION:
AGENDIZED by Consent on Page 2.
APPROVED.
ALL VOTED AYE
on a Community Services
that the City Council authorize
necessary resolution and
send out the Letter of Intent.
City Manager Kelly said the Community Services Trust Fund
Grant has been in existence for several years; however,
Tamarac never secured any of the monies. He said the
money would be used for Social and Community Service
Programs and City Council approval was requested so that
a request could be made to the Legislative Delegation to
consider funding for these services. He said a
Resolution would be brought to the City Council for
approval at the February 22, 1989 City Council Meeting.
He asked that the City Council authorize the City Manager
to send a Letter of Intent to the Legislation Delegation.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
VOTE:
ALL VOTED AYE
Mayor Abramowitz announced that Phil Weinberger was in
the audience. He said Mr. Weinberger has assisted the
City Council in safety matters and he applauded Mr.
Weinberger for his assistance.
Page 16
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1
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1
Mayor Abramowitz announced that State Representatives,
Peter Weinstein, Peter Deutsch and Hen Graber, would be
attending the City Council Meeting of February 22, 1989.
Mayor Abramowitz said was very impressed and pleased with
the diligent and expedient work that Kelly
Carpenter -Craft, City.Planner, and Dina McDermott,
Assistant to the City Manager, have done in getting the
Grant applications completed. He complimented the City
Manager for his choice of staff.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 9:30 P.M.
"This public document was promulgated at
copy to inform the general public, public
recent opinions and considerations of the
Tamarac."
a cost of $144.40-mac $18.05 per
officers and employees of
City Council of the City of
CITY 0-F TA 'I. RAC
APPROVED AT MELTING OF
City Clerk
Page 17