HomeMy WebLinkAbout1987-04-08 - City Commission Regular Meeting Minutes1
RECORD OF COUNCIL ACTIONS AND DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAYAPRIL_ 8,_1987
CALL TO ORDER: 7:00 P.M.
ANNOUNCEMENT_„OF_...TIME ALLOCATIONS -- MOTIONS TO TABLE - 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.
CONSENT AGENDA
Items listed under Consent Agenda, Item 1, 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.
Bu,�.ld .n�c /Commun,�ty_ Devel�ment
1. A. MOTIONON_T_0 ADOPT _Temp•_-Neso_. #4363 granting a waiver of
the provisions of the sign ordinance for an over-
sized, freestanding menu board requested by MCDONALD'S
at the northwest corner of University Drive and
Commercial Boulevard.
FINAL_,ACTION: RESOLUTION NO. R-87-100 PASSED.
APPROVED.
City Clerk.
B. MOTION TO APPROVE the following City Council meeting
minutes:
1) 2/19/87 - Special Meeting
2) 3/11/87 - Regular Meeting
3) 3/17/87 - Special Meeting
FINAL ACTION:
APPROVED.
Page 1
4/8/87
C. MOTION TO APPROVE renewal of a model sales permit and
waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for TAMARAC
GARDENS Facility #2 for a six (6) month period from
5/13/87 to 11/13/87.
F_INAL_ACTION:
APPROVED.
Utilities/Engineering
D. MOTION TO ADAPT Temp. Reso. #4555 releasing warranty
Letter of Credit No. 1402--00302683 in the amount of
$33,301.68 posted by Montwood, Inc., for public
improvements at CYPRESS AT WOODMONT III (WOODMONT
TRACTS 68/77).
FINAL_ ACTION:
APPROVED.
RESOLUTION NO. R-87-101 PASSED.
E. MOTION_ TO APPROVE out-of-state trips to York,
Pennsylvania, and Dallas, Texas, on as --yet unspecified
dates, for a representative of Tamarac Utilities West
(tabled from 3/25/87).
FINAL ACTION:
APPROVED.
F. MOTION TO APPROVE the attendance of William H.
Greenwood, Director of Utilities/Engineering, at the
American Water Works Association Conference June 13 -
19, 1987, in Kansas City, Missouri.
FINAL _ACTION:
APPROVED.
G. MOTION TO APPROVE revision to the bid specifications
and drawings for the BOULEVARDS DRAINAGE PROJECT by
Williams, Hatfield & Stoner, Inc., in the amount of
$2,500.00, for Project 85-3.
FINAL ACTION:
APPROVED.
H. MOTION _TO.APPROVE Change Order #2 to the contract with
R.J. Sullivan Corp. to increase the contract price by
$950.00 and to increase the time of completion by an
additional 15 days for Project 84-19,
2.0 MG Storage Tank and Pump Station.
FINAL ACTION:
TABLED.��
I. MOTION TO APPROVE the sole source purchase of three
(3) 26�0-16 portable recording open channel flow meters
from Marsh-McBirney, Inc., at a total cost of
$13,770.00.
FINAL ACTION:
APPROVED.
1
0
Page 2
4/8/87
J. MOTION TO APPROVE final payment in the amount of
$1,000.00 to Williams, Hatfield & Stoner, Inc., for
providing certification report on Sanitary Sewer
Rehabilitation Project 84-4.
FINAL_ ACTION:
APPROVED.
K. MOTION _TOAPPROVE Change Order #4 to the contract with
R.J. Sullivan Corp. to increase the contract price by
$5,600.00 and to increase the time of completion by an
additional 21 days for Project 85-19, Chlorine
Building.
FINAL ACTION:
APPROVED.
CONSIDERATIONS
Building/CommunityDevelopment
2. MOTION TO _APPROVE the lease of a Canon microfilm
reader/printer for a period of 36 months at $270.00 per
month, plus a yearly maintenance, parts and labor agree-
ment at $864.00 per year, through Information Management
of Florida.
FINAL ACTION:
- APPROVED.
3. REPORT BY CITY PLANNER regarding Tamarac's Land Use Plan
Elements and Florida Administrative Rule 9J5.
FINAL ACTION:
City Planner, Thelma Brown, gave a report and the Council
is to study Rule 9J5.
City Council
4. MOTION TO_,..E_KLECT the four (4) consecutive week period in
which the City Council is not to meet in 1987.
FINAL ACTION:
The City Council selected July.
RESOLUTIONS
Building/Community Development
5. MOTION TO_.,ADOPT ,Temp._Reso.#4561 approving a revised site
plan for WESTWOOD COMMUNITY FIVE reflecting an enclosed
screen porch at the Clubhouse.
FINAL_. ACT I,ON :
APPROVED.
RESOLUTION NO. R--87-102 PASSED.
6. MOTION TO_ADOPT_Temp.._ Reso._.#4554 waiving the prohibition
against having a barbed wire fence pursuant to Section 6-
48(b) of the Code on certain property owned by LEADERSHIP
HOUSING, INC., and RICHARD C. JONES, as Trustee.
FINAL .ACTION: RESOLUTION NO. R--87-103 PASSED.
APPROVED.
Page 3
4/8/87
7. MOTION TO ADOPT Temp_�_Reso.,_.#4558 transferring a special
use exception for the consumption of beer and wine from
Anna Maria Restaurant, Inc., d/b/a Pier 441 West to
Salvatore Azzarelli, Salvini, Inc., d/b/a Pier 441 West.
FINAL ACTION: RESOLUTION NO. R--87-104 PASSED.
APPROVED as amended, adding "to Salvini, Inc." to the
Resolution.
8. MQTII ,TO ADAPT ._Reso. #4559 transferring a special
use exception for the consumption of beer and wine from
Mandarin House Restaurant to Chuen Kee, Inc., d/b/a China
Crown Chinese Restaurant.
FINAL A(ZTION:
APPROVED.
FinanceDepartment
RESOLUTION NO. R-87-105 PASSED.
9. MOTION ,TO ADOPT Te�.Reso.�#4516 establishing a cut-off
period for unclaimed refunds pursuant to Public Service
Commission Order No. 9076 issued on September 27, 1979.
FVIAL__ ACTION :
APPROVED.
General Administrative
RESOLUTION NO. R-87-106 PASSED.
10. MOTION TO ADOPT Temp._.Reso._#4553 urging support for the
CLEVELAND CLINIC FOUNDATION proposed facility in Broward
County.
F I NALACT T ON:
APPROVED.
Public Works
RESOLUTION NO. R-87--107 PASSED.
11. MOTION TO ADOPT TemR. Reso,_#4540 establishing a public
auction for surplus City -owned equipment or materials on
Saturday, May 2, 1987, at 10:00 A.M., at the Public Works
Facility, 5650 NW 88 Avenue.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-87-1.08 PASSED.
12. MOTION-TOADOPT ,Temp_ Reso.#4526 amending Resolution
R--87-60 which approved the construction of a sidewalk
addition near Sands Point Condominium by providing for a
new Exhibit "A" detailing the sidewalk construction.
F T NAL-,AC-' I ON :
APPROVED.
RESOLUTION NO. R-87-109 PASSED.
UtilitiesZEngineering
13. Sewage Pumping Station Modifications -
A. Tamarac Utilities West - Project 86-15
1) MOTION TO mADOPT_.Temp._Reso. #4556 awarding a bid
it to Conduand Foundation Corporation in the amount
of $401,550.00 to modify seven (7) sewage pump
stations.
2) MOTION TO APPROVE the resident inspection agreement
with Williams, Hatfield & Stoner, Inc., in the
amount of $63,400.00.
3) MOTION TO..APPROVE project contingency in the amount
of $51,430.00.
LJ
1
4/8/87
13. Sewage Pumping Station Modifications - Cont'd.
B. Tamarac Utilities East - Project 84-21
1) MOTION TO ADOPT Temp. Reuo._14557 awarding a bid
to Utilities Services, Inc., in the amount of
$196,517.00 to modify four (4) pump stations
numbers 1E, 2E, 5E and 6E.
2) MOTION TO,APFROVE the resident inspection agreement
with Williams, Hatfield & Stoner, Inc., in the
amount of $19,800.00.
3) BP ION TO APPROVE project contingency in the amount
of� $26, 677. 00.
4) MOTION TO APPROVE budget transfer in the amount of
$60,573-.00 from Account 419-254--001, General Ledger
TUE Contributions, to Account 417-301-536 664, TUE
Sewage Pump Station Modifications.
FINAL ACTION: RESOLUTION NO. R-87-110 PASSED.
A. 1, 2 and 3 were TABLED.
B. 1, 2, 3 and 4 were APPROVED.
PublJi,_.Hearing - 7:30 P.M.
14. MOTQN T ADOPT Temp. Reso. #4560 relating to a request by
GERALD HORN for Special Exception to permit the operation
of an auto repair business at 5494 NW 22 Avenue, on Lot 9,
Tamarac Industrial Park, which lands are zoned M--1 (Light
Industrial). Petition #3-Z-87.
FINAL ACTION: RESOLUTION NO. R-87-111 PASSED.
APPROVED. Public hearing was held.
ORDIN_ANCE.S
Public Hearing - 7:30 P.M.
15. MOTION TO ADOPT _Temp_ Ord._ #1298 on second reading to
amend Section 27-31 of the Code providing for adjustment
of utility bills for any customer who has an unusual and
inexplicable large volume of water usage recorded by an
accurate meter.
FINAL ACTION: ORDINANCE NO. 0-87-13 PASSED.
APPROVED on second and final reading as amended, that the
requirement for a statement by a licensed plumber on
Page 1, Line 35, be removed. Public hearing was held.
Community development
16. MOTIOt.TO ADOPT Temp. Ord. #1321 on first reading to
create a new Chapter of the Code to provide for the
establishment of procedures pertaining to development
agreements pursuant to Section 163.3220 through Section
163.3243 of Florida Statutes (1986).
FINAL _ACTION•
APPROVED on first reading with second reading and public
hearing to be held on April 22, 1987 at or after
10:00 A.M.
4/8/87
General Administrative
17. MQTION TO ADOPT Temp. Ord. #1309 on first reading to
authorize the extension of the non-exclusive franchise
agreement with ALL SERVICE REFUSE COMPANY for commercial
garbage and trash collection.
FINAL ACTION:
APPROVED on first reading with second reading and public
hearing to be held on April 22, 1987 at or after
10:00 A.M.
18. MOTION TO ADOPT_,Temp___Ord.#1310 on first reading to
authorize the extension of the non-exclusive franchise
agreement with BROWNING FERRIS INDUSTRIES OF FLORIDA,
INC., for commercial garbage and trash collection.
FINAL ACTION:
APPROVED on first reading with second reading and public
hearing to be held on April 22, 1987 at or after
10:00 A.M.
19. MOTION TO ADOPT Temp. Ord.._#1311 on first reading to
authorize the extension of the non --exclusive franchise
agreement with COUNTY WASTE, INC., for commercial garbage
and trash collection.
FINAL ACTION:
APPROVED on first reading with second reading and public
hearing to be held on April 22, 1987 at or after
10:00 A.M.
20. MOTION _TO�.ADOPT _Tempy._Ord._ #1312 on first reading to
authorize the extension of the non-exclusive franchise
agreement with INDUSTRIAL WASTE SERVICES, INC., for
commercial garbage and trash collection.
FINAL ACTION:
��� APPROVED on first reading subject to the proper fees being
paid before second reading and public hearing on April 22,
1987 at or after 10:00 A.M.
21. MOTIONTO ADOPT TgVp.__Ord.#1313 on first reading to
authorize the extension of the non --exclusive franchise
agreement with RONKOMA CORPORATION for commercial garbage
and trash collection.
FINAL ACTION:
APPROVED on first reading with second reading and public
hearing to be held on April 22, 1987 at or after
10:00 A.M.
22. MOTION _TO_ADOPT Temp._Ord. #1314 on first reading to
authorize the extension of the non-exclusive franchise
agreement with SOUTHERN SANITATION SERVICE for commercial
garbage and trash collection.
FINAL ACTION:
APPROVED APPROVED on first reading with second reading and public
hearing to be held on April 22, 1987 at or after
10:00 A.M.
E
i�
4%8%87
1
23. 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.
James A. Collier, representative of The Boulevards of
Tamarac Civic Association, Inc., spoke on restoration of a
parcel of land.
REPORTS
24. City Council
25. City Manager
26. City Attorney
AGENDI ZED_-BY_.CONSENT
27. MOTION TO APPROVE an Agreement with the Florida Atlantic
University regarding review and critique of the Capital
Improvements Element of Tamarac for compliance with
Rule 9J5.
FINAL ACTION:
APPROVED for the amount of $3,000.00 to be paid in two
installments of $1,500.00. The City Attorney is to
prepare a Resolution ratifying this action for the next
City Council meeting.
28. MOTION TO RATIFY the trip to New York on April 2, 1987 by
Vice Mayor Sydney Stein regarding the bond issue for the
Police Station.
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 E. Barbuto
City Clerk
Page 7
4/8/87
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
WEDNESDAY, APRIL 8, 1937
ULL TO QRDER; Mayor Hart called this Regular City Council
Meeting to Order at 7:00 P.M. in the Council Chambers at
City Hall.
ROLL C≪ t1 a yo r Hart
Vice P4ayor Sydney M. Stein
Councilman Bruce Hoffman
Councilman Henry M. Rohr
Councilman Jack Stelzer
ALSO PRESENT: John P. Kelly, City Manager
A. Bryant Applegate, City Attorney
Carol E. Barbuto, City Clerk
Yvonne E. Snyder, Secretary
11
MEDITATIQN Alln PLEDOL Or, ALLEGIANCE Mayor Hart called for
the Pledge of Allegiance followed by a Moment of Silent
Meditation.
KOMMOMMMMIM
1. (H) MOTION TO-APPE.OYE Change Order #2 to the contract
with R. J. Sullivan Corp. to increase the contract
price by $950.00 and to increase the time of
completion by an additional 15 days for Project
84-19, 2.0 MG Storage Tank and Pump Station.
SYNQPSIS QZ ACTION:
TABLED
V/P4 Stein MOVED to TABLE this item, SECONDED by C/M
Hoffman.
13. Sewago. Pumping Station rindifications -
A. Tamarac litil.1LI-os Iles - P-rajoct 8,6-19
1) awarding a
bid to Conduit and Foun,,,Iation Corporation in
the amount of $401,550.00 to modifty seven
(7) sewage pump. stations.
2) LIOTION TO APPROVE the resident inspection
agreement with 1.1illiams, Hatfield & Stoner,
Inc., in the amount of $63,400.00.
3) MOT -ON TQ APPROVE project contingency in the
amount of $51,430.00.
SYNOPSIS QZ ACTION;
TABLED A
V/M Stein t4OVED to TABLE this item, SECONDED by C/M
Rohr.
VQTL,-_ AIL VOTED AYE,
4/8/87
AgENDI Z D BY „ CONSENT:
27. 110TION '6",f?....,A22ROVE an Agreement with the Florida
Atlantic University regarding review and critique of
the Capital Improvements Element of Tamarac for
compliance with Rule. 9J5.
SYNOPSIS OF AC'
APPROVED (See Page 8)
Agendized by Consent.
* V/M Stein MOVED to Agendize this item by Consent,
* SECONDED By C/14 Rohr.
iZrWARMT16210r
A. MOTION TO ADOPT Temt:). Reso. #4.3L3 granting Ya waiver of
the provisions of the sign ordinance of an oversized,
freestanding menu board requester] by MCDONALD'S at the
Northwest corner of University Drive and Commercial
Boulevard.
APPROVED.
City Clegk
B. =1014 TO APPROVE the following City Council meeting
minutes:
1) 2/19/87 - Special Meeting
2) 3/11/87 - Regular Meeting
3) 3/17/87 - Special Meeting
n YNQP ST 2 OF .ACT ION :
APPROVED.
C. 1�1OTION_ TO APPROVE renewal of a. model sales permit and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for TAMARAC GARDENS
Facility #2 for a six (6) month period from 5/13/87 to
11/13/87.
APPROVED.
D. DIOTIQN _10 ADOPT Temp_ egg 24555 releasing warranty
Letter of Credit No. 1402-00302683 in the amount of
?3.3,301.68 posted by Montwood, Inc., for public
improvements at CYPRESS AT WOODMONT ITT (WOODMONT
TRACTS 68/77) .
APPROVED.
E. out-of-state trips to York,
Pennsylvania, and Dallas, Texas, on as -yet unspecified
dates, for a representative of Tamarac Utilities West
(tabled from 3/25/87). _
SYNOR ST S QEI: AC t'TQN -,
APPROVED.
a"
2
4/8/87
F. MOTION IQ. ARRRQYE the attendance of William H.
Greenwood, Director of Utilities/Engineering, at the
American Water Works Association Conference June 13-19,
1987, in Kansas City, Missouri.
OYNOPSIS-M -ACTION
APPROVED
G. YOTION TO APREQUE revision to the bid specifications and
drawings for the BOULEVARDS DRAINAGE PROJECT by
Williams, Hatfield & Stoner, Inc., in the amount of
$2,500.00, for Project 85-3.
RYNOPSTS OF A&PTON
APPROVED.
H. MQIIQIT TO A22RQZL' Change order 02 to the contract with
R. J. Sullivan Corp. to increase the contract price by
$950.00 and to increase the time of completion by an
additional 15 days for Project 84-19, 2.0 NG Storage
Tank and Pump Station.
SYNOPSIS OE ACTTON
TABLED.
I. MOTION. -TO APPRQIR the sole source purchase of three (3)
260-16 portable recording open channel flow meters
from Marsh-McBirney, Inc., at a total cost of
$13,770.00.
SYNOPSTS OF ACITQN,-
APPROVED.
J. UQIIQS IQ a22QV final payment in the amount of
$1,000.00 to Williams, Hatfield & Stoner, Inc., for
providing certification report on Sanitary Sewer
Rehabilitation Project 84-4.
SYMQPSTS OP ACTTON:
APPROVED.
K. LJQTTQN 10 APPRaj Change order #4 to the contract with
R. J. Sullivan Corp. to increase the contract price by
$5,600.00 and to increase the time of completion by an
additional 21 days for Project 85-19, Chlorine
Building.
SYNOPSTY OF ACJIQ1q;
APPROVED.
GONSIDERATION
2. MOTION -TO APPBaJE the lease of a Canon microfilm
reader/printer for a period of 36 months at $270.00 per
month, plus a yearly maintenance, parts and labor
agreement at $864.00 per year, through information
Management of Florida.
SINOPSIS- OF ACTION:
APPROVED.
V/M Stein MOVED to APPROVE this item, SECONDED by C/111
Rohr.
3
4/8/87
3 . REPORT BY C IJX PLANNER regarding Tame rac' s Land Use Plan
Elements and Florida Administrative Rule 9J5.
�XNQPaj ,.
REPORT Presented by Thelma Brown
Thelma Brown, City Planner, said she was happy to report
that all of the elements pertaining and required by Rule
9J5 have been reviewed and completed by her staff. Ms.
Brown said the items would have to be.reviewed by th_e FAU
Staff during the review period -between now and
September, and she said during that period of time the
City would have only spent approximately $8,000.00,
whereas, other cities had been spending approximately
$80,000.00.
Ms. Brown gave each member of Council a copy of mule 9J5
outlining the requirements the City must follow in order
to meet State requirements. She then asked each member
of Council to read and review Rule 9J5 within the next
few months .and comment on the items they felt needed.
to be addressed.
John P. Telly, City Manager, said the Mayor and Council
Members should be extremely proud of the package which
Thelma Brown and her staff had put together. Ile said
the documents had been received and they were getting
preliminary responses back and the State is very
pleased with the work the City has done. Mr. Kelly said
he certainly appreciated the work which had been done
and the amount of money which had been saved.
4. UOTION TO,,,,S.ELECT the four (4) consecutive week period in
which the City Council is not to meet in 1987.
SYNOPSIS _OF ACTION
First Four Leeks in July ;elected.
* V/M Stein MOVED to SELECT the four (4) consecutive week
* period which City Council will not meet as the first
* four weeks in July, SECONDED by C/M Hoffman.
VQTE t; ALL VOTED AYE.
R.f)T.,IIT I.S
5. I10TION TO, ADOPT Temp, Reso. U561 approving a revised
site plan for WESTWOOD COMMUNITY FIVE reflecting an
enclosed screen porch at the Clubhouse.
SY14OPSI S OF ACTIOI3
APPROVED.
City Attorney Applegate read by
title.
* C/M Hoffman MOVED to ADOPT Temp_ Rena_ # 4561. SECONDED
* by C/14 Rohr.
4
4/8/87
6. I-IOTION TO ADOPT Temp. Reso. ff4554 waiving the
prohibition against having a barbed wire fence pursuant
to Section 6-48(b) of the Code on certain property
owned by LEADERSHIP HOUSING, INC., and RICHARD C.
JONES, as Trustee.
SYNORSIS-OF ACTIQN:
APPROVED.
City Attorney Applegate read TemR. llesQ. 44554 by
title.
V/M Stein 14OVED to ADOPT JQM12. Reso, �4-55j, SECONDED by
C/14 Hoffman.
V/M Stein said the property was located west of City
Hall and had long been an eye sore. He said the owners
of the property had been before the Code Enforcement
Board and had now spent approximately $50,000.00 to
clean up this property, and, while they were in the
process of doing this, they caught neighbors dumping
old appliances on the property. He said he felt the
fence should be approved so the property could be
protected from people dumping trash on it in the
future.
C/11 Hoffman said he concurred with V/M Stein and that
the City should do anything it can do to protect the
property.
Bob Jahn, Chief Building official, said he agreed with
what had been said and that it was in the best interest
of the public health, safety and welfare- of the
community to allow this fence.
Mayor Hart asked who would be responsible if the f--nce
was knocked down and Mr. Jahn replied it would be the
responsibility of the property owners to have it
repaired.
C/M Stelzer asked if the City would be liable if
someone was hurt by the fence and City Attorney
Applegate said since the fence was on private property,
the City would not be liable.
VOTP" ALL VOTED AXE,
7. UQ21011 10 AD02T Reso. t4558 transferring a special
use exception for the consumption of beer and wine from
Anna Maria Restaurant, Inc., d/b/a Pier 441 West to
Salvatore Azzarelli d/b/a Pier 441 West.
APPROVED.
City Attorney Applegate read Temp, ggso. 4-4558 by title.
Thelma Brown, City
the Corporate name
"Salving., Inc.",
changed.
Planner, said she had one change to
from "Anna Maria Restaurant, Inc." to
but the business name would not be
V/M Stein r,1OVED to ADOPT TemP. Raso- 2-41;5a4 SECONDED by
C/M Rohr.
5
4/8/87
Attorney Edward Darragh was present on behalf of the new
buyers of the restaurant. He requested that the Council
authorize either the City Attorney or the City Clerk to
send a letter to the Division of Alcoholic Beverages
since they have to apply for that license.
VZOWW
ALL VOTED AYE,
S. MOTIOIJ TO ADQPT Temp. g2so. 44559 transferring a special
use exception for the consumption of beer and wine from
Mandarin House Restaurant to Chu(,--n Kee, Inc., d/b/a
China Crown Restaurant.
WA a 101 W I a N W1 W WX416 we- M
City Attorney Applegate read T-amn. Reso.,.-#4559 by title.
V/M Stein [`IOVED to ADOPT Temp. Re -so, 94559 SECONDED by
C/tl Hoffman.
Public Hearing - 7:30 P.14.
14. 140TION T-Q--ADOPT Temp, Regg. 4456.Q relating to a request
by GERALD HORN for Special Exception to permit the
operation of an auto repair business at 5494 NW 22
Avenue, on Lot 9, Tamarac Industrial Park, which lands
-are zoned 1,1-1 (Light Industrial). Petition 1,,#3-Z-87.
SY14OPSIS OF ACT TOT1
APPROVED.
City Attorney Applegate read Temp.— Reso. R4560 by
title.
Mayor Hart called for any Council discussion.
There being no discussion by Council, Mayor Hart opened
the hearing to the public. There being no one present
to speak from the public, Mayor Hart closed the hearing
to the public.
C/r1 Hoffman MOVED to ADOPT Temp, Reso- 94-56.0-4 SECONDED
by C/M Rohr.
C/M Hoffman asked Thelma Brown, City Planner, if there
had been any opposition from the public and Ms. Brown
replied there had been none whatsoever.
15. 11=10N TO LDOPT TeMp. Ord, 4122a on second reading to
amend Seciton 27-31 of the Code providing for
adjustment of utility bills for any customer who has an
unusual and inexplicable large volume of water usage
recorded by an accurate meter. I
SYNOPSIS OF ACTION
APPROVED.
City Attorney Applegate read Tem]2. Re -so, t12195 by
title.
6
4/8/87
Charlotte Bouchard, supervising Accountant from the
Utility Department, was present to explain the
Ordinance. She said the present ordinance leaves no
recourse for situations wherein the customer may have
been victimized by someone else using their water or
other problems wherein an excessive amount of water was
used. She said the ordinance calls for a licensed
plumber to check the water system and submit a report
to the Utility Department.
Ms. Bouchard said several surronding cities have a
similar Ordinance and that it is a "one time
forgiveness" for the customer. She said it will also
give the Utility Department a chance to educate the
customer on various ways which they can save on their
water bills.
C/M Stelzer said he felt that an "inspection from a
licensed plumber" should be taken out of the Ordinance.
�.Iayor Hart opened the public hearing and there being no
discussion from the public, Mayor Hart closed the
hearing to the public.
C/M Stelzer MOVED to ADOPT Zp,.=.-- Ord, 41298., with the
section requiring a "statement from a licensed plumber"
being omitted from the Ordinance, SECONDED by C/M Rohr.
VOTE: AT.T. VOTFQ ZJVE
1,00MOMIMIM
Finance Department
9. MOTION TO ADOPT TO=. Rgg51 establishing a cut-off
period for unclaimed refunds pursuant to Public Service
Commission order No. 9076 issued on September 27, 1979.
SYjjO_j!Sj0 OF ACjjQIj*
APPROVED.
City Attorney Applegate read Temp. Rego. 9451� by title
and said that on September 27, 1979 the Public Service
Commission ordered Tamarac Utilities to refund certain
overpayments to residents of the City of Tamarac. He
said the order also provided that unclaimed refunds
should by utilized by the City for the benefit of the
Utility System. fir. Applegate sail the order also
called for a cut-off date to be established and that
this had never been done.
C/M Rohr MOVED to ADOPT Jg-ML2, Reso. 4-4516 SECONDED by
C/24 Hoffman.
VOTE; ALL VOTED AYE.
General Administrative
10. MOTION TO-AQQRT Temp, Reso. #4553 urging support for the
CLEVELAND CLINIC FOUNDATIO'N proposed facility in
I Broward County.
SYJJOPSIS -OF ACTION;
APPROVED
City Attorney Applegate read
title.
7
4/8/87
John Kelly, City manager, said most of the surrounding
cities had been encouraged by the League of Cities to
endorse a Resolution in support of this ;grogram. He
said. Tamarac stands to benefit a great deal if the
Cleveland Clinic gets approval in Froward County, and
it would be a big boost to the economy.
* V/M Stein MOVED to ADOPT TemQ___Rnso__ 4_553, SECONDED by
* C/11 I-1offman.
�QTF.r. _ALL„ VO.'1'E
11. CiQTT ON TO ADOPT 'i',.ao,� Re�a 4540 establishing public
; ,.. ,,., em�?
auction for surplus City -owned equipment or materials
on Saturday, May 2, 1937, at 10:00 A. M., at the Public
Works Facility, 56,50 NW 88 Avenue.
APPROVED
City Attorney Applegate read Temp. gpaa. 14rA by
title.
* C/tii Rohr MOVED to ADOPT Temp. __Res__Resa. 44540, SECONDED by
* V/M Stein.
VOTE: &LLVOTEDAYE.
12. MOTION Temp, o amending Resolution
R-87-60 which approved the construction of a sidewalk
addition near Sands Point Condominium by providing for
a new Exhibit "A" detailing the sidewalk construciton.
SYNOPSIS OF ACTION]
APPROVED
City Attorney Applegate read T, emL). Reso. If by
title.
* V/14 Stein MOVED to ADOPT Tom, Roso. 14526. SECONDED by
* C/ 1u1 Rohr.
VOTE ; VOTED AYE .
27. 11011011 TO APPRQVP an Agreement with the Florida
Atlantic University regarding review and critique of
the Capital Improvements Element of Tamarac for
compliance with Rule 9J5.
SY14OPSI S OF ,&CTIONd :
APPROVED. Agendized by Consent on Page 2
Thelma Frown, City Planner, said they are requesting
approval to have an intern work for them for the next
five months to review the Capitol Improvement
Elements and to review the draft. ;he said the total
sum would be $3,000.,00. 14s. Brown said this would be a
complete review for total compliance.
* C/M Hoffman MOVED to ADOPT the FAU Agreement as
* recommended, SECONDED by C/M Rohr.
C/14 Hoffman asked. Ms. Brown if the $3,000.00 would go
to the intern or to FAU.
Ms. Brown replied the $3,000.00 would go to FAU.
VOTF L VOTEQAY9-
8
4/8/87
1
ORDINANCES
16. MOTION TO_ ADOPT Tema. Ord, 41321 on first reading to
create a new Chapter of the Cock to provide for the
establishment of procedures pertaining to development
agreements pursuant to Section 163.3220 through Section
163.3243 of Florida Statutes (1986).
APPROVED.
City Attorney Applegate read Tama, Or.J,,.,.,.21321 by title.
Thelma Brown, City Planner, said this was a Developers
Agreement which the City Council would review
completely, and, before its adoption, two public hearings
would have to be held.
* C/M Koffman MOVED to ADOPT Tem2.t Ord. 1�321 on first
* reading, SECONDED by C/14 Rohr.
Mayor Mart asked City Attorney Applegate if the public
hearing would have to be held at night and City Attorney
Applegate replied it could be hold during the day.
Mayor Hart said the public hearing would be scheduled
for the next council meeting, which would be April 22,
1987.
VOTE:
i S M
R"W"A ky"61 M
13. Sewage Pum-aina Station Modificati
B. Tamarac Utilities East -- t
1) MOTION TO ADOPT6 Temp. Peso. f4557 awarding a
bid to Utilities Services, Inc., in the amount
of $196, 517.00 to modify four (4) pump
stations numbers IE, 2E, 5E and 6E.
2) MOTI4)-TO� 622ROVE the resident inspection
agreement with Williams, Hatfield & Stoner,
Inc., in the amount of $19,800.00.
3) 110TION TO A2PROVE project contingency in the
amount of $26,677.00.
4} LOTION TO APPROVE budget transfer in the
amount of $60,573.00 from Account 419-254-001,
General Ledger TUE Contributions, to Account
417-301-536 664, TUE Sewage Pump Station
Modification.
APPROVED ITEM 13 B. 1) 2) 3) & 4)
13. D. 1) City Attorney Applegate read TeM]2. Reso. 557 by
title.
* CIM Hoffman MOVED to ADOPT TemQ- Reso. 44557, SECONDED
* by V/M Stein.
9
4/8/87 ,
*
*
C/M Rohr asked Petra Procopio, Utilities Engineer, why
pump station number 3E and 4E had been removed from the
contract.
Mr. Procopio said that 3E and 4E would go on next
year's budget. He said the present budget would only
allow for four of the six pump stations to be modified.
VOTE; ALL VOTED AYE.
13. B. 2) Mr. Procopio stated this was for approval for
resident inspections that will be monitored by
willirams, Hatfield &,Stoner, Inc., who are the design
engineers,
V/ICI Stein MOVED to APPROVE Item 13. B. 2) , SECONDED
by C/M Rohr.
Phsimm• M
13. D. 3) I.1r. Procopio said this was asking for enough
contingency to take care of anything that may come up
during the course of construction.
C/14 Koffman MOVED to APPROVE Item 13. E. 3) , subject to
passing Item 13. B. 4) , SECONDED by C/r.I Rohr.
13. B. 4)
V/PI Stein MOVED to APPROVE Item 13. B. 4), SECONDED by
C/14 Hoffman.
Li • 1.1pi�irf+i•w�ii�ii�w
General Administrati2
17, MOT1014 TO ADOPT Temp, Ord. 41302 on first reading to
authorize the extension of the non-exclusive franchise
agreement with ALL SERVICE REFUSE COMPANY for
commercial garbage and trash collection.
•
City Attorney Applegate read Temp. Ord, a1r09 by title.
John Belly, City (Manager, said, this was to provide for the
extension of the contract through the 30th of
September, 1987 so that all of the sanitation contracts
for the City are on one uiniforiri date.
* C114 Hoffman [iOVED to ADOPT Temp. Ord_ 91 y09 on first
* reading, SECONDED by C/M klohr.
18. t'CO"i'IMI I10 ADOPT Temp. --Ord, 41310 on first reading to
authorize extension of the non-exclusive franchise
agreement with BRO1,7NING FERRIS INDUSTRIES OF FLORIDA,
INC., for commercial garbage and trash collection.
1
1
4/8/87
City Attorney Applegate read Temp. Ord. 11310 by title.
* C/ti Rohr MOVED to ADOPT Temp. -Ord. f,1310 on first
* reading, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE.
18. MOTION TO ADOPT Temp. Ord. 21311 on first reading to
authorize the extension of the non-exclusive. franchise
agreement with COUNTY 11ASTE, INC., for commercial
garbage and trash collection.
S-YNORSIS OF ACTION:
APPROVED.
City Attorney Applegate read Temp. Orel. P1311 by title.
* C/14 Rohr MOVED to ADOPT Tc_m . Ord. #1311 on first
* reading, SECONDED by C/M }Hoffman.
C TE ; ALL VOJEP AYE,
20. UOTION TO ADOPT TeMP, Ord, #1312on first reading to
authorize the extension of the non-exclusive franchise
agreement with INDUSTRIAL �+TASTE SERVICES, INC., for
commercial garbage and trash collection.
r r �
City Attorney Applegate read Tem�2. Ord_.41312 by title.
* C/114 Hoffman MOVED to ADOPT J!eMp_ Ord_ 41312 on first
* reading, SECONDED by C/M Rohr.
VOTE: ALL VOTED YES.
21. MOTION TO ADOPT Tem-P. Ord. '� _j.a13 on first reading to
authorize the extension of the non-exclusive franchise
agreement with RONKO14A CORPORATION for commercial
garbage and trash collection.
SYNOPSIS OF ACTION:
APPROVED.
City Attorney Applegate read Temp, Ord, t1313 by title.
* CPi Rohr MOVED to ADOPT Temp. Ord. #11313 on first
* reading, SECONDED by C/M Hoffman.
22. rjQ.T.iQN TO ADOPT Te Mjm ,.,, . ,,.Ord, 41314 on first reading to
authorize the extension of the non-exclusive franchise
agreement with SOUTHERN SANITATION SERVICE for
commercial garbage and trash collection.
aYNOP S 15 „OE ACTION
APPROVED.
City Attorney Applegate read by title.
* C/14 Rohr MOVED to ADOPT on first
* reading, SECONDED by C/M Hoffman.
VOTE = ALL VOTED AYE,
11
4/8/87 -�
23. OPEN PIJR ,,I!-, 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.
James Collier, a resident of the Boulevards of Tamarac,
expressed his concerns relating to property between the
Boulevards of Tamarac and Lakes North, which runs alone
the north side of Prospect Road. He said that r.a year
ago the City of Tamarac authorized the City of Ft.
Lauderdale to dig a trench and put a 6 inch force main
through this grass area.. He said rafter the wort, was
completed the contractor planted grass, but it died and
the property is now bare and unsightly. fie
requested that Council help resolve this problem in
whatever way possiblo.
Mayor Dart directed Mr. Collier to give the information
to the City Manager so he could follow up on
the matter. Mayor Hart also directed Mr. Kelly to send
him a copy of the report in addition to what he sends
to Mr. Collier so he would know where it stands.
NOWT
24. City Cou - Mayor Hart reported he sent a letter to
all the State Representatives regarding a bill that is
being presented at this session of the Legislature,
Bill 402 Florida Statutes, which will grant immunity to
reprosentives and members of civic associations which
are non --profit organizations, to protect them from law-
suits. He said he asked for the Representatives'
support of this bill.
25. City Manager Resort - John Nelly reported that Myles
Tralins presented a check to the City on behalf of
CINNA:.'I014 WHARF in the amount of $8,709.66 for the
interest accrued with respect to the fees on the
Developers Agreement on the subject property during the
ninety day extension period which ended on March 25th.
mr. Kelly also reported that on the Bond issue for the
Police Department, they have been working with the
underwriters and Legal counsel. He said it was
necessary for someone to go to New York to meet with
the underwriters and Vice Mayor Stein had gone. He
wanted to make sure that the trip to New York was
approved by Council.
* C/M Hoffman MOVED to APPROVE the trap to New York by
* Vice Mayor Stein at no cost to the City except meals,
* SECONDED by C/14 Rohr.
1
26. gity Attorney 8QL�Qr. - Mr. Applegate reported a meeting
had been arranged with the Broward County Government
Attorneys and some Risk Managers and City r4anagers to
discuss the issue of insurance and soverign immunity
relating to the two bills which were before the Senate
and the house. Mr. Applegate said he would report back
to Council, on the progress of these bills.
12
4/8/87
Mayor I -Tart adjourned the meeting at 8:35 P.M.
B IERNAM ffizkkT-
MAYOR
CAROL E. BARBUTO
CITY CLERK
This public document was promulgated at a cost of $ 123.30 or
3,43 per copy to inform the general public and public officers
and employees about recent opinions and considerations by the
City Council of the City of Tamarac.
CITY OF TAMARAC
APPROVED AT MEETING OF 7
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4/8/87