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HomeMy WebLinkAbout1989-08-09 - City Commission Regular Meeting MinutesOF TA,y U n A, R t 7525 N.W. 88th AVENUE TAMARAC, FLORIDA 33321.2401 CALL TO ORDER: RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, AUGUST 9, 1989 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. INTRODUCTION 1. PRESENTATION by Fire Chief Briant of a commendation to LT. STEVE GOTHA for his quick and decisive actions during a gas leak on July 11, 1989, FINAL ACTION: PRESENTATION was made. 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 Clerk a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 6/09/89 2. 6/12/89 3. 6/14/89 4. 6/20/89 5. 6/22/89 6. 6/23/89 7 6/28/89 8. 7/06/89 F I NALACTION: __ APPROVED 2.a.1. APPROVED 2.a.2. APPROVED 2.a.3. APPROVED 2.a.4. APPROVED 2.a.5. APPROVED 2.a.6. APPROVED 2.a.7. APPROVED 2.a.8. - Special Meeting - Special Meeting - Regular Meeting - Special Meeting -- Emergency Special Meeting - Special Meeting -- Regular Meeting - Special Meeting Page 1 08/09/89 Engineering/Utilities b. MOTION TO _ADOPT Temp. Reso. #5506 releasing warranty Letter of- Credit #65-00100787 in the amount of $15,810.00 posted for public improvements at the FRIEDES COMMERCE CENTER. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-207 PASSED. Public Works/Recreation Department C. MOTION TO ADOPT Temp. Reso_._#5516 authorizing the appropriate City officials to execute an Application and Lease Agreement with The Broward County Schools for use of the Tamarac Elementary School (cafeteria, restrooms, playground) from 8/28/89 to 6/14/90 for the City's After School Program. FINAL ACTION: APPROVED. Engineering/Utilities RESOLUTION NO. R-89-208 PASSED. CONSIDERATIONS 3. MOTION TO APPROVE the transfer of $1,100,000.00 from TUW Water Distribution Improvements Account #432-363 533-633 to TUW Plant Expansion Repairs Account #432-363-533-659 for Phase II of Water Treatment Plant Construction, TUW Project 86-14B. FINAL ACTION: APPROVED. 4. a. MOTION TO APPROVE the work performed by Kelly Tractor- Pantropic�Power Products in order to begin the one year warranty period on TUW Project 84-20B, Water Treatment Plant Emergency Power. b. MOTION TO ACCEPT the Final Release of Lien as submitted by Kelly Tractor-Pantropic Power Products for TUW Project 84--20B, Water Treatment Plant Emergency Power. C. MOTION TO APPROVE final payment in the amount of 13,812.58 to Kelly Tractor-Pantropic Power Products for TUW Project 84-20B, Water Treatment Plant Emergency Power. FINAL ACTION: APPROVED 4.a. APPROVED 4.b. APPROVED 4.c. 5. MOTION TO APPROVE rejection of all bids received under Bid 89-43 and to _AUTHORIZE staff to negotiate a contract with Schlumberger Industries, Inc., pursuant to Code Section 9 37(4) to furnish one (1) 8-inch fire flow service meter and all appurtenances for TUW Project 89-17, Treehouse/Quail Oaks fire flow meter. FINAL ACTION: APPROVED. Page 2 08/09/89 General Administrative 6. MOTION TO APPROVE the City Manager's appointment of Dan wood as Building Official. FINAL ACTION: APPROVED. 7. a. MOTION TO APPROVE a budget transfer in the amount of 60,000.00 toprovideCity grant matching revenues for VETERANS PARK improvements pursuant. to an agreement with the State of Florida. b. MOTION TO APPROVE a budget transfer in the amount of 70,000.00 to provide City grant matching revenues for the COMMERCIAL BOULEVARD landscaping project pursuant to an agreement with the City of Lauderhill and irrigation project funding. FINAL ACTION: APPROVED 7.a. APPROVED 7.b. RESOLUTIONS City Council 8. MOTION TO ADOPT Temp._ Reso. #5505 providing for a procedure to be followed in instances where there is a proposed amendment to the City Charter that must be placed on the ballot for voter approval (tabled on 8/l/89) FINAL ACTION: RESOLUTION NO. R-89-209 PASSED. APPROVED. Cit Council - V/M Bender 9. _MOTION TO ADOPT Temg. Reso_._#5515 authorizing the appropriate City officials to take all actions necessary and proper to support and advocate an alternative corridor site for the proposed FP&L Levee -Midway 500 KV transmission lines that would run adjacent to Highway U.S. 27 and urging that any substation needed for the Levee -Midway transmission power line be located at a site within the proposed U.S. Highway 27 corridor. FINAL ACTION: RESOLUTION NO. R-89-210 PASSED. APPROVED. Community Development 10. MOTION TO ADOPT Temp. Reso. #5507 revising the filing and checking fees for preliminary and final plats. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-211 PASSED. 11. MOTION TO ADOPT Temp. Reso. #5514 eliminating two (2) clerk typist positions and creating one (1) data entry position within the Community Development Department. FINAL ACTION: RESOLUTION NO. R-89-212 PASSED. APPROVED. Page 3 08/09/89 12. MOT10N TO ADOPT Temp. Reso. #5508 transferring a special exception use for a restaurant with on -premises consumption of beer and wine from Thomas Velentzas, President, d/b/a Family Oven Restaurant to Cyril Arjoon, President, d/b/a Family Oven Restaurant, located at 5299 N. State Road 7. FINAL ACTION: RESOLUTION NO. R-89-213 PASSED. APPROVED. Engineering/Utilities 13. MOTION TO ADOPT Temp. Reso. #5509 awarding Bid #89-29 in the amount of $399,100.00 to Akerblom Contracting, Inc., to rehabilitate Sewage Pump Stations 2A, 14, 18A, 18B and 24, and APPROVING the appropriate budget transfer in order to fully fund this project. FINAL ACTION: RESOLUTION NO. R-89-214 PASSED. APPROVED. 14. MOTION TO ADOPT Temp. Reso. #5510 awarding Bid #89-41 to J & B Salvage for the purchase of old City scrap water meters removed from the system at $7.12 per meter. FINAL ACTION: RESOLUTION NO. R-89-215 PASSED. APPROVED. 15. MOTION TO ADOPT Temp. Reso. #5511 awarding Bid #89-42 in the amount of $52,080.00 to Utilities Services, Inc., to construct Sewage Lift Station #38, TUW Project 87-18A. FINAL ACTION: RESOLUTION NO. R--89-216 PASSED. APPROVED. 16. MOTION TO ADOPT Temp. Reso. #5512 awarding Bid #89-44 in the amount of $21,600.00 to Morton Pump and Drilling, Inc., to purge and clean eight (8) existing raw water well shafts to increase raw water delivery capacity, TUW Project 88- 46A, Rehabilitation of Raw Water Wells 2 through 9. FINAL ACTION: RESOLUTION NO. R-89-217 PASSED. APPROVED. 17. MOTION TO ADOPT Temp. Reso. #5513 awarding Bid #89--45 in the amount of $52,118.00 to Deming Pump Company to furnish, test and deliver eight (8) raw water pumps and motors for TUW Project 88-46B, New Pumps and Motors for Raw Water Wells 2 through 9. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-218 PASSED. General Administrative -- - 18. MOTION TO ADOPT Temp. Reso. #5427 authorizing the appropriate City officials to execute an agreement with the Police Benevolent Association, the bargaining agent for all Police Lieutenants (tabled on 5/24/89). FINAL ACTION: TABLED at request of the City Manager. Page 4 06/09/89 ORDINANCES PUBLIC HEARINGS - 7:30 P.M. Community Development 19. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. #1442 on second reading to amend Ordinance 0-89-9 by changing the effective date for vacation of an 835-foot long, 13-foot wide, portion of road right-of-way on the south side of NW 57 Street, east of NW 70 Avenue, for THE MARKETPLACE AT TAMARAC project, from 8/l/89 to 11/1/89. FINAL ACTION: ORDINANCE NO. 0-89-21 PASSED. APPROVED on second reading. 20. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1438. Petition #15-Z-89 b. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1438 on first reading concerning a request by FUNDAMENTAL HOPKINS EASTON LTD. #11 to rezone lands identified as the Visual Graphics property, less a 4-acre parcel at the corner of Commercial Boulevard and NW 94 Avenue), from M--2 (Medium Industrial) to LI-1 (Light Industrial). Petition #15-Z-89 Item #20 has been advertised for the 8/9/89 Council meeting; however, the petitioner has requested that this item be tabled to the 9/27/89 meeting. FINAL ACTION: 20.a.'and 20.b. Public Hearing was opened and closed. TABLED to 9/27/89 City Council meeting. ------------------- OPEN PUBLIC FORUM 21. 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 REPORTS 22. City Council 23. City Manager 24. City Attorney 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 ----------------------------------------------------------------- PUBLIC HEARING Thursday, September 14, 1989 - 7:00 P.M. - City Council Chambers at City Hall re Budget Page 5 08/09/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDA Y, AUGUST 9, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, August 9, 1989 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by alloMoment of Silent Meditation dedicated to Beatrice Nadan, wife of Sam Nadan. PRESENT! ALSO PRESENT! Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Jack Stelzer Councilman Bruce Hoffman Councilman Henry Rohr John P. Kelly, City Manager Alan F. Ruf, Consulting City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary C/M Stelzer said Item 20 on the Agenda was advertised; however, the Agenda indicated that the Petitioner would like the Item Tabled. Mayor Abramowitz said when Item 20 was heard, the Public would have the opportunity to speak on the Item. He said this would avoid an additional cost to readvertise the Item. INTRODUCTION 1. PRESENTATION by Fire commendation to LT. actions during a gas SYNOPSIS OF ACTION: PRESENTATION was made. Chief Briant of a STEVE GOTHA for his quick leak on July 28, 1989. and decisive Fire Chief Ray Briant said residents often ask what the Fire Department does. He said there were major and minor fires in the City; however, on the morning of July 28, 1989, Lieutenant Steve Gotha was working at Station 1 and received a telephone call regarding a gas leak. He said Lieutenant Gotha responded to the call which was a 500 gallon tank of propane gas leaking behind the shops across from the old City Hall. He said upon arrival Lieutenant Gotha took command of the situation by ceasing the traffic from 61 Street Commercial Boulevard and evacuating the neighborhood. Fire Chief Briant read a Condemnation for Outstanding Performance of Duty and presented it to Lieutenant Gotha. Lt. Steve Gotha thanked the City Council for their recognition and he accepted the presentation on behalf of all the members on duty that day. Page 1 8/9/89 CONSENT AGENDA - ITEM 2 a. through c. City Clerk 2. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 6/09/89 - Special Meeting 2. 6/12/89 - Special Meeting 3. 6/14/89 - Regular Meeting 4. 6/20/89 - Special Meeting 5. 6/22/89 Emergency Special Meeting 6. 6/23/89 - Special Meeting 7. 6/28/89 - Regular Meeting 8. 7/06/89 - Special Meeting SYNOPSIS OF ACTION: APPROVED. Engineerin /Utilities b. MOTION TO ADOPT Temp. Reso. #5506 releasing warranty Letter of Credit #65-0010078 n the amount of $15,810.00 posted for public improvements at the FRIEDES COMMERCE CENTER. SYNOPSIS OF ACTION: APPROVED. Public Works/Parks and Recreation RESOLUTION NO. R-89-207 - PASSED c. MOTION TO ADOPT Temp. Reso. #5516 authorizing the appropriate City officials to execute an Application and Lease Agreement with The Broward County Schools for use of the Tamarac Elementary School (cafeteria, restrooms, playground) from 8/28/89 to 6/14/90 for the City's After School Program. SYNOPSIS OF ACTION: RESOLUTION NO. R--89--208 - PASSED APPROVED. * V/M Bender MOVED to APPROVE Consent Agenda Item 2. a. through * c., SECONDED by C/M Rohr. VOTE: CONSIDERATIONS Engineering/Utilities ALL VOTED AYE 3. MOTION TO APPROVE the transfer of $1,100,000.00 from TUW Water D� t irs bution Improvements Account #432-363-533-633 to TUW Plant Expansion Repairs Account #432-363-533-659 for Phase II of Water Treatment Plant Construction, TUW Project 86-14B. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. City Manager Kelly said this Project was discussed at a previous City Council Workshop meeting. He said the Engineering Consulting Firm, Hazen & Sawyer, informed the City Council that this was the appropriate action to take. He said V/M Bender had concerns as to the feasibility of the project and, at the Workshop meeting, the City Council was informed that it was feasible. 1 Page 2 City Manager Kelly said this project was approved by Referendum and the funding came from Impact Fees. He said the City Council would be following up on the Workshop meeting and the Referendum by acting on this Item; however, the request was only for a transfer of funds for bidding. Bob Foy, Director of Utilities/Engineering, said the project was necessary for future growth of the community. He said the facility would handle the water treatment plant expansion and was a part of the 4.7 million dollars authorized by Referendum. He said the Referendum indicated that the funds had to be spent within three years, which would expire on November 6, 1989. He said a recommendation would be brought to the City Council in September or October, 1989. He recommended approval of this Item. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE 4. a. MOTION TO APPROVE the work performed by Kelly Tractor -Pant ornt prc Power Products in order to begin the one-year warranty period on TUW Project 84-20S, Water Treatment Plant Emergency Power. b. MOTION TO ACCEPT the Final Release of Lien as submitted by Kelly Tractor-Pantropic Power Products for TUW Project 84-20B, Water Treatment Plant Emergency Power. c. MOTION TO APPROVE final payment in the amount of $13,812.58 to Kelly Tractor-Pantropic Power Products for TUW Project 84-20B, Water Treatment Plant Emergency Power. SYNOPSIS OF ACTION: APPROVED a., b. and c. * V/M Bender -MOVED to APPROVE Item 4. a., SECONDED by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said this Item was to close out the contract with Kelly Tractor-Pantropic Power Products. He said the work was complete and satisfactory and he recommended approval so that the warranty period could begin. C 002F ALL VOTED AYE * C/M Hoffman MOVED to APPROVE Item 4. b., SECONDED by V/M Bender. Bob Foy, Director of Utilities/Engineering, said this Item was to insure that there were no outstanding liens on the equipment and he recommended approval. VOTE: ALL VOTED AYE * V/M Bender MOVED to APPROVE Item 4. c., SECONDED by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said this Item was for final payment. He said 10% of the payment was retained during the installation and everything was reviewed and approved. He recommended approval of this payment. VOTE: ALL VOTED AYE Page 3 5. MOTION TO APPROVE rejection of all bids received under Bid #89743 and to AUTHORIZE staff to negotiate a contract with Schlumberger-Industries, Inc., pursuant to Code Section 9-37(4) to furnish one (1) 8-inch fire flow service meter and all appurtenances for TUW Project 89-17, Treehouse/Quail Oaks fire flow meter. SYNOPSIS OF ACTION: APPRDVED. �� * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said when the Bids were open on the project there was an irregularity. He said Schlumberger Industries, Inc., submitted a Bid in the amount of $2,850.00; however, the City required that the Bidders submit two copies of the Bids. He said the second copy of the Bid from Schlumberger Industries, Inc., indicated $5,850.00. Mr. Foy said Schlumberger Industries, Inc., was the lowest Bidder; however, all of the Bids should be rejected so that negotiations could take place with the lowest Bidder because of the irregularity. He said he expected to negotiate with the Bidder for a cost between $5,560.00 and $2,850.00. C/M Hoffman asked what the actual Bid was and Mr. Foy said $5,850.00. C/M Hoffman said the backup indicated $2,850.00 and Mr. Foy said this figure was read into the record; however, there were two Bids submitted and the Bidder indicated that $2,850.00 was incorrect and should have been $5,850.00. Mayor Abramowitz asked what the other Bids were and Mr. Foy replied, $14,000.00. Mayor Abramowitz asked if Schlumberger Industries, Inc., was a reputable company and Mr. Foy -replied, yes, the Utilities Department worked with this company several times. Mayor Abramowitz said if Mr. Foy was satisfied with the previous business with Schlumberger Industries, Inc., he did not object to negotiating with this company. Mr. Foy said the water meter was very large and the average price was between $5,000.00 and $7,000.00. C/M Rohr asked if the Bid of $2,850.00 was inadvertently included in the package and Mr. Foy replied, yes. C/M Rohr asked why Mr. Foy felt that he could negotiate under $5,000.00 if the average cost was $5,000.00 to $7,000.00. Mr. Foy said he hoped to receive a cost between $5,650.00 and $5,850.00 and Mayor Abramowitz said Mr. Foy stated that he would like to receive a cost between $2,850.00 and $5,850.00. Mr. Foy said he read the wrong information into the record. VOTE: ALL VOTED AYE General Administrative 6. MOTION TO APPROVE the City Manager's appointment of Dan Woad as Chief Building Official. SYNOPSIS OF ACTION: APPROVED. Page 4 MAE, 1 C/M Hoffman MOVED to APPROVE this appointment, SECONDED by C/M Rohr. City Manager Kelly said he was pleased to announce that he would be appointing Dan Wood as the Chief Building Official effective September 1, 1989. He said Mr. Wood has worked in the Building Department and had -the ability for the position. He said this would solidify the Department and would be a cost savings because a Deputy position would be eliminated. VOTE: ALL VOTED AYE 7. a. MOTION TO APPROVE a budget transfer in the amount of $60,000.00 to provide City grant matching revenues for VETERANS PARK improvements pursuant to an agreement with the State of Florida. b. MOTION TO APPROVE a budget transfer in the amount of $70,000.00 to provide City grant matching revenues for the COMMERCIAL BOULEVARD landscaping project pursuant to an agreement with the City of Lauderhill and irrigation project funding. SYNOPSIS OF ACTION: APPROVED a. and b. V/M Bender MOVED to APPROVE Item 7. a., SECONDED by C/M Hoffman. City Manager Kelly said the Finance Director refused to accept any other way in bookkeeping this matter. He said the Finance Director indicated that the project was $60,000.00, for which the City would pay $30,000.00; however, the project would be Budgeted for $60,000.00. Mayor Abramowitz said the only expenditure the City would have was $30,000.00 and City Manager Kelly agreed. VOTE: ALL VOTED AYE V/M Bender MOVED to APPROVE Item 7. b., SECONDED by C/M Hoffman. City Manager Kelly said the only expenditure the City would have on this project was $35,000.00; however, the project would cost $70,000.00 and would be reflected in the Budget as $70,000.00. VOTE: ALL VOTED AYE Mayor Abramowitz announced that Consulting City Attorney Alan Ruf was present in the absence of City Attorney Doody. RESOLUTIONS City Council 8. MOTION TO ADOPT Temp. Reso. #5505 providing for a procedure to be followed i nln stances where there is a proposed amendment to the City Charter that must be placed on the ballot for voter approval (tabled on 8/l/89). SYNOPSIS OF ACTION: (SEE PAGE 9 for discussion and final action). Page 5 FAME, Consulting Attorney Ruf read Temp. Reso. #5505 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5505, SECONDED by * V/M Bender. C/M Stelzer suggested that this Item be held after the Public Hearings because the discussion would be lengthy. At 7:26 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 7:33 P.M. with ALL PRESENT. ORDINANCES PUBLIC HEARING - 7:30 P.M. Community Development 19. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1442 on second reading to amend Ordinance 0-89-9 by changing the effective date for vacation of an 835-foot long, 13-foot wide, portion of road right-of-way on the south side of NW 57 Street, east of NW 70 Avenue, for THE MARKETPLACE AT TAMARAC project, from 8/1/89 to ll/l/89. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-21 - PASSED Public Hearing was held. APPROVED on second reading. Consulting Attorney Ruf read Temp. Ord. #1442 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1442 on second reading, * SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said at the June 28, 1989 City Council meeting all of the other Resolutions affecting the property were amended to change the effective date from August, 1989, to November, 1989. She said this Ordinance required two readings in conjunction with the other documents of June 28, 1989. She said the applicant was present and indicated that there would be a closing on the properties causing the contingent approval in approximately 15 days. She said the permits would be received a few days after the closing; therefore, the approvals made by the City Council were contingent on the applicant closing. Mayor Abramowitz Opened the Public Hearing. Anthony Silvestri, Planning Commissioner, said the Planning Commission worked on this project several times. He said if the development would be changing names before October, 1989, it was not feasible to approve the vacation. Mr. Silvestri said the Planning Commission granted certain waivers because of the size of the building; however, the building would be changing and he asked if the waivers would remain. He said if the building was to be erected as stated in the previous plans, there would not be appropriate parking because the parking was supposed to be on the second floor. Mr. Silvestri asked why the Community Development Department, Planning Commission and Engineers went through all the previous work if the matter was being Page 6 negotiated at this tilr,(2. Mayor Abramowitz asked if there would be enough parking spaces on the property and Mrs. Carpenter -Craft said there was excess parking. Mrs. Carpenter -Craft said without the second floor there would be two excess parking spaces. She said the Petitioner felt there would be 13 excess parking spaces; however, the Community Development Department felt that there would be two excess parking spaces without the second floor. Mrs. Carpenter -Craft said staff was not pleased with the building having the second floor and the developer determined ways to increase the parking and decrease the size of the building by approximately 4,000 square feet. She said this decrease would allow additional parking on the side of the building and the parking was a better design than the original plan. C/M Stelzer asked if Mrs. Carpenter -Craft disagreed with Mr. Silvestri and Mrs. Carpenter -Craft replied, yes. C/M Stelzer asked if the the Planning Commission or the Community Development Department was right about the excess parking spaces. Mrs. Carpenter -Craft said Mr. Silvestri was incorrect. She said the applicant had an approved site plan which indicated a portion of the parking on a second level; however, the Planning Commission and staff were not comfortable with the plan. She said since the review, the applicant requested by plan amendment to delete the parking on the second floor by reducing the project approximately 4,000 square feet and provided a better design for the parking lot. She said the new design provided approximately 2 parking spaces more than the minimum Code requirements which applied to the site. C/M Stelzer asked if there were additional parking spaces and Mayor Abramowitz said by reducing the size of the original plan for the building by 4,000 square feet, the second story parking area was eliminated. Mr. Silvestri said the matter being discussed was not brought before the Planning Commission for review. He said he was only bringing his concerns before the City Council for verification. He said last week the City Engineer indicated that there were not enough parking spaces available; however, if the structure of the building was changed to accommodate the parking area, he was not aware of it. Mrs. Carpenter -Craft said the applicant was not trying to change the ownership of the parcel; however, the parcel was actually 5 or 6 parcels at the northeast corner of 70th Street and Commercial Boulevard. She said there was an existing shopping center which faced 57th Street and was owned by several people. She said the applicant has had a challenge in taking down all of the parcels by gaining control of the parcels. She said the applicant went through the process believing that he would have title to everything by the time the plat came before the City Council; however, this did not occur. She said at this time, the applicant requested that the City Council approve the site plan, plat and vacation of 57th Street contingent upon owning and closing all the parcels. She said the applicant has not succeeded in this; however, Page 7 they expected this to occur in approximately 15 days. Mrs. Carpenter -Craft said the request was to extend their contingent approval of August 1, 1989, to November 1, 1989. She said action was taken by the City Council on June 28, 1989, except for the second reading of this Ordinance approving the extension of the contingent approval for the vacation. Mayor Abramowitz said this area was very disgraceful because of it's condition. He said he was informed that the Petitioner invested approximately one million dollars on the project. He said the City Council desired to have a good business in the area as well as the revenue and they worked several times with the Petitioner. He said there were changes quite often on a development which was reviewed by the staff. He said this was why he wanted Mrs. Carpenter -Craft to answer the questions. He said this was nothing against Mr. Silvestri; however, there were changes made that were being brought to the City Council. Melanie Reynolds, Resident of Sands Point, said in 1986, the City Council created a Plan Adjustment Committee at the previous City Planner's request. She said this Committee was created to handle minor adjustments to site plans; however, this site plan was changed although the changes were not minor. She asked why the changes were not brought before the Planning Commission since it was a major change. Irving Katz, Resident of Lakes of Carriage Hills, asked if the plan should go before the Planning Commission for review because of the additional changes. He asked if November 1, 1989, was a realistic date for the changes. Mayor Abramowitz said if the closing did not occur before November 1, 1989, the documents would not longer be valid. Mr. Katz said he would like to see the project in the City; however, if November 1, 1989, was not realistic, the date should be extended. C/M Hoffman asked if the plans had to go before the Planning Commission for review and Mrs. Carpenter -Craft said the plans did not have to go before the Planning Commission or City Council for review because it was a minor plan adjustment. Mrs. Carpenter -Craft said the changes would not change the Code requirements because the project was being decreased as opposed to increased. Anthony Grimaldi, Resident of Sunflower/Heathgate, said he was the Chairman of the Planning Commission when this project was first introduced. He said the Planning Commission allowed several considerations for the development. He said the Planning Commission should have the final review of the changes before the project was brought before the City Council for review. He said the Planning Commission did not always receive the appropriate information and he understood Mr. Silvestri's concerns. He said the Planning Commission should be given the respect because they always did a thorough review of the projects. Mayor Abramowitz Closed the Public Hearing with no further response. Page 8 : :• VOTE: ALL VOTED AYE 20. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1438. Petition #15-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1438 on first reading concerning a request by FUNDAMENTAL HOPKINS EASTON, LTD. #11, to rezone lands identified as the Visual Graphics property, less a 4--acre parcel at the corner of Commercial Boulevard and NW 94 Avenue, from M-2 (Medium Industrial) to LI-1 (Light Industrial). Petition #15-z-89 SYNOPSIS OF ACTION: bli- Hear ni g was held. TABLED a. and b. until the September 27, 1989 City Council meeting at the request of the Petitioner. Mayor Abramowitz said the Petitioner asked that this Item be Tabled until the August 23, 1989 City Council meeting. He said the City Council would like to hold the Public Hearing to avoid additional costs for advertising. C/M Stelzer asked if the Ordinance should be read into the record. Consulting Attorney Ruf suggested that the Ordinance be read, Public Hearing held and a Motion made to Table the Item. TAPE 2 Consulting Attorney Ruf read Temp. Ord. #1438 by title. Mayor Abramowitz Opened the Public Hearing. Anthony Silvestri, Planning Commissioner, said the Planning Commission recently approved the 4--acre land being rezoned; however, the Planning Commission was concerned with the area of Visual Graphics being cleaned UP to comply with the rezoning. Mayor Abramowitz said it was not appropriate to discuss this matter without the Petitioner being present; however, he did agree that the area should be cleaned. Mayor Abramowitz Closed the Public Hearing with no further response. * C/M Hoffman MOVED to TABLE Temp. Ord. #1438 until the * September 27, 1989 City Council meet ng at the request of the * Petitioner, SECONDED by V/M Bender. VOTE: RESOLUTIONS City Council ALL VOTED AYE 8. MOTION TO ADOPT Temp. Reso. #5505 providing for a procedure to be followe in instances where there is a proposed Amendment to the City Charter that must be placed on the ballot for voter approval (tabled on 8/l/89). SYNOPSIS OF ACTION: APPROVED. C/M Stelzer said on August 1, 1989, the City Council held a Special City Council meeting regarding Charter Amendments; however, this meeting were not appropriate Page 9 because only he, V/14 Bender and Mayor Abramowitz were in attendance. He said he voiced his objection to the matter and, because the Motion to Table would not be approved if he voted against it, he seconded the Motion to Table. C/M Stelzer said for 7 years the City Council had concerns as to the Charter Board's power to place Charter Amendments on the Ballot and whether the Charter was in violation of the Florida Statutes. He said the City Council finally received an Attorney General's opinion which indicated that the Charter Board could not place Charter Amendments on a Ballot. C/M Stelzer said there were several joint workshops between the Charter Board and City Council regarding this matter. He said he informed everyone that there was no existing problem on this matter and he suggested that the Bodies wait until there was disagreement before concerning themselves with a solution. He said the Charter Board decided to sue the City on the matter; however, their Case was thrown out of the Courts and the City was required to pay the Attorney fees on both sides. C/M Stelzer said this did not satisfy the Charter Board and they wanted to sue the City a second time. He said Mayor Abramowitz wanted to have a compromise with the Charter Board to avoid another suit. He said he felt that the compromise was a deal; however, Mayor Abramowitz did not like the word "deal". C/M Stelzer said Mayor Abramowitz objected that the prior Administration made a deal with Cardinal Industries by permitting 24 square feet in return for a swimming pool and extensive landscaping. C/M Stelzer said the City Council wanted the Charter Board to submit Amendments to the City Council and, if the City Council did not approve of the Amendments, the City Council would return the Amendments to the Charter Board expressing their concerns and then hold a ,joint meeting if there was a disagreement. He said this procedure was presently being done; however, the Resolution was created stating this. C/M Stelzer asked why the City Council should disregard the Attorney General's opinion to please the Charter Board. He suggested that an Item 5 be added to the procedures indicating that if the Charter Board and City Council did not agree with the Amendments, the Amendments would not be considered. He said this would avoid any future litigation. He said the Charter Board was insisting on a solution at this time; otherwise, they would sue the City. He said he did not agree with this type of request. C/M Stelzer said this matter was not decided at the August 1, 1989 City Council Special meeting and he wanted the residents to know the purpose of this Resolution. Mayor Abramowitz said this matter occurred because the Charter Board presented four Charter Amendments to the City Council for placement on the Ballot; however, the City Council did not agree with one Amendment because of one word. He said the word could have caused the residents to believe that they would not be allowed to protest against the City Council actions; therefore, the n 1 Page 10 City Council did not approve of the Charter Amendment. Mayor Abramowitz said he agreed with C/M Stelzer's objection to spending legal fees. He said the procedures indicated that if the Charter Board presented Charter Amendments to the City Council and there was a disagreement, the Charter Board and City Council would meet and discuss their concerns to find a solution. Mayor Abramowitz said he would not aggregate the powers of the City Council because the law indicated that the City Council was the ruling Body of the City. He said rather than going to Court and expending double expenses for litigation, he would like the City Council and Charter Board to meet and discuss the matter to find a solution. He said if there could be no agreement made there would be time to go to Court. He said there was no waste of time by discussing their disagreements. Mayor Abramowitz said he understood C/M Stelzer's concerns; however, he just wanted the City Council and Charter Board to have a procedure to handle a potential problem. He said there was no problem and he objected to an Item 5 of the procedures indicating that the Charter Board must go to Court. C/M Stelzer said he suggested that an Item 5 be added indicating that the Amendment would not be considered if the City Council and Charter Board could not agree. He said this occurred with the Committees in the Legislature. C/M Hoffman said he did not feel that the Resolution was either a deal or compromise. He said the Charter Board was not without going to the City submit Council Charter Amendments for the Ballot approval. He said he agreed that it would be better to come to an agreement as opposed to spending money for litigation. C/M Rohr said he suggested at the ,joint Workshop meeting that this procedure be created. He said there were no problems in the past between the Charter Board and City Council and to foresee problems was not appropriate. He said he approved of the Resolution and did not anticipate any problems in the future. V/M Bender said this was the first time that there was a written procedure between the Charter Board and the City Council regarding Charter Amendments. He said there was a verbal procedure in the past and he felt that a written procedure would allow the two elected Bodies of the City to work together. C/M Stelzer said he did not object to the proposed procedures; however, he was concerned with what happened if the City Council and Charter Board could not agree with an Amendment. Mayor Abramowitz said if this occurred it was the Charter Board's prerogative to take whatever action the Board felt necessary. He asked if it was appropriate to have a procedure prohibiting the Charter Board from taking the matter to Court. C/M Stelzer said a procedure could be stop consideration on an Amendment if not reached between the Charter Board Page 11 enacted that would an agreement was and the City 8/9/89 Council. C/M Hoffman said the City Council could not bind the Charter Board from taking a course of action. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay City Council -- V/M Bender 9. MOTION TO ADOPT Temp. Reso. #5515 authorizing the appro- priate City officials to take all actions necessary and proper to support and advocate an alternative corridor site for the proposed FP&L Levee -Midway 500 KV transmission lines that would run adjacent to Highway U.S. 27 and urging that any substation needed for the Levee -Midway transmission power line be located at a site within the proposed U.S. Highway 27 corridor. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-210 - PASSED APPROVED. Consulting Attorney Ruf read Temp. Reso. #5515 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5515, SECONDED by * C/M Hoffman. C/M Rohr suggested that post cards be printed and distributed to the residents to ask the Governor to abide by the City's request that the substation not be placed in Tamarac. He said this procedure was successful in other instances and, if the City provided the cards to the residents and surrounding Cities, it may have an impact on the Governor's action. Mayor Abramowitz said the City officials were spending time in fighting the matter. He said the Resolution was a four City proposal and he would like the Resolution on record. VOTE: Community Development ALL VOTED AYE 10. MOTION TO ADOPT Temp. Reso. #5507 revising the filing and checking fees for preliminary and final plats. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-211 - PASSED APPROVED. Consulting Attorney Ruf read Temp. Reso. #5507 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5507, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the Resolution was prepared one year ago; however, it was submitted for approval when the other fees were increased. She said the current minimum filing fee for plat review was $635.00 and the final review fee was $115.00. She said the increase would be $275.00 for the minimum filing fee and $1,225.00 for the final review fee. I 1 Page 12 1 1 Mrs. Carpenter -Craft said in 1989, there were 5 plats processed, which was a total of $3,782.00. She said there were approximately 500 acres left to plat in the City and the fees may change before the acres were platted. Mrs. Carpenter -Craft said the City of Plantation required a deposit of $1,000.00 and $50.00 per acre charge, the City of Sunrise required a $200.00 minimum and a per unit or per acre charge, the City of Coral Springs required $1,250.00 minimum and a per unit and per acre charge. She said the City of Tamarac`s fees would not be out of line with the surrounding Cities and she recommended approval. VOTE: ALL VOTED AYE 11. MOTION TO ADOPT Tee mp. Reso. #5514 eliminating two (2) clerk typist Positions and creating one (1) data entry position within the Community Development Department. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-212 - PASSED Consulting Attorney Ruf read Temp. Reso. #5514 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5514, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the Community Development Department would be reorganizing by eliminating two Clerk Typist positions at a cost savings of $9,880.00 annually in salary and creating a Data Entry position at a cost of $15,346.00 per year. She said the Data Entry position would be an asset to the Department. VOTE: ALL VOTED AYE 12. MOTION TO ADOPT Temp. Reso. #5508 transferring a special exception use for a restaurant with on -premises consumption of beer and wine from Thomas Velentzas, President, d/b/a Family Oven Restaurant to Cyril Arjoon, President, d/b/a Family Oven Restaurant, located at 5299 N. State Road 7. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-213 - PASSED APPROVED. Consulting Attorney Ruf read Teem. Reso. #5508 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5508, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the Family Oven Restaurant was being sold and the Special Exception was being transferred from the present owner to the new owner. VOTE: Engineering/Utilities ALL VOTED AYE 13. MOTION TO ADOPT Temp. Reso. 45509 awarding Bid #89-29 in the amount of 399,100.00 to Akerblom Contracting, Inc., to rehabilitate Sewage Pump Stations 2A, 14, 18A, 18B and 24, and APPROVING the appropriate budget transfer in order to fu11y fund this project. Page 13 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-214 - PASSED APPROVED. Consulting Attorney Ruf read Temp. Reso. #5509 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5509, SECONDED by * C/M Rohr. Mayor Abramowitz said he and the City Manager reviewed the Agenda yesterday and he was very concerned with the amount of funds being expended. He said the City Manager explained that the Utilities/Engineering Department had to face several emergencies that had to be handled. He said the City Council was very concerned that the funds being expended for the projects were completely necessary and appropriate. Bob Foy, Director of Utilities/Engineering, said he wished that Items 16 and 17 would be presented first because he could have informed the City Council how much money was saved. Mr. Foy said this Item was a request for rehabilitation for two sewage lift stations. He said the lift stations had to be rehabilitated before they no longer operated because it would cause sewage on the ground. He said the residents were paying for the best service; therefore, the best service had to be provided, which would be done by replacing the lift stations. Mr. Foy said there were five lift stations, 2A was located at the Woodland Points area, 14 was located at the Mainlands, 18A was located by University Hospital, 18B was located at Sand Points and 24 was located at Lime Bay. He said the only rehabilitation using CIAC funds would be for lift station 18A because the capacity would be expanded. Mr. Foy said all of the projects went to Bid and there was an irregularity to the Bidding; however, it was a minor change and was addressed by the contractor through memorandum. He said the change was for $900.00 less than the original bid. Mr. Foy said the funds being transferred were $183,516.00 from other TUW Revenue Funds and $7,580.00 was being transferred from the CIAC Impact Funds. He said the stations were between 17 and 22 years old and 15 years was the accepted life of the stations. He said the electrical system was rigged to continue operating and the stations were developer installed when the requirements were not as strict. City Manager Kelly said on July 23, 1986, the City Council passed a Resolution providing for the rehabilitation and a Referendum was approved by the residents in November, 1986. He said the Referendum indicated that each year there would be 6 pump stations rehabilitated. VOTE: ALL VOTED AYE 14. MOTION TO ADOPT Temp. Reso. #5510 awarding Bid #89-41 to J & B Salvage for the purchase of old City scrap water meters removed from the system at $7.12 per meter. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-215 - PASSED Page 14 7" :. APPROVED. Consulting Attorney Ruf read Temp. Reso. #5510 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5510, SECONDED by * C/M Hoffman. " Bob Foy, Director of Utilities/Engineering, said for years the City was returning used water meters back to the company supplying them for a rebate'of $3.00 per meter. He said he wanted to know if the City was receiving the best deal available and, after making calls, Bidding took place and the highest Bid was $7.12 per meter as opposed to $3.00. He said there may be as many as 1,500 meters for rebate each year. C/M Stelzer asked how many old meters had to be replaced and Mr. Foy said the meter replacement program has been existing for one year; however, the program was created for 10 years. VOTE: ALL VOTED AYE 15. MOTION TO ADOPT Te_ mom. Reso. #5511 awarding Bid #89-42 in the amount oT $52,080.00 to utilities Services, Inc., to construct Sewage Lift Station #38, TUW Project 87-18A. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--89-216 - PASSED Consulting Attorney Ruf read Temp. Reso. #5511 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5511, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said the Bidding for this project was completed in accordance with the City Code. He said the project would be funded from CIAC fees because it was for a future development known as the Fairfax Development. He said Lennar Homes, Inc., indicated that service would be needed by November, 1989. City Manager Kelly said there would be approximately 14 million dollars added to the tax roll each year. VOTE: ALL VOTED AYE 16. MOTION TO ADOPT Temp. Reso. #5512 awarding Bid #89-44 in the amo7nt--0T—$21,600.00 to Morton Pump and Drilling, Inc., to purge and clean eight (8) existing raw water well shafts to increase raw water delivery capacity, TUW Project 88-46A, Rehabilitation of Raw Water Wells 2 through 9. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89--217 - PASSED Consulting Attorney Ruf read Temp. Reso. #5512 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5512, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said the Project would be expanding 8 existing wells. He said the expansion was necessary to replace the capacity eliminated when the wells at Midway Plaza were abandoned. Page 15 MUM fie said the project would be funded from CIAC fees because capacity was being increased. He said the purchase of the pumps would be discussed during Item 17 and he recommended approval. VOTE: ALL VOTED AYE 17. MOTION TO ADOPT Temp. Reso. #5513 awarding Bid #89-45 in the amount of $52,118.00 to Deming Pump Company to furnish, test and deliver eight (8) raw water pumps and motors for TUW Project 88-46B, New Pumps and Motors for Raw Water Wells 2 through 9. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-218 - PASSED APPROVED. Consulting Attorney Ruf read Temp. Reso. #5513 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5513, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said the project would be funded from CIAC fees because it was additional capacity. He said the additional raw water was needed and he recommended approval. V/M Bender asked if there was enough horsepower to drive the pumps properly and Mr. Foy replied, yes. V/M Bender asked how much the total capacity would be and Mr. Foy replied, 8,000,000 gallons per day. He said the existing capacity was approximately 3,000,000 gallons per day. VOTE: ALL VOTED AYE General Administrative 18. MOTION TO ADOPT Temp. Reso. #5427 authorizing the appro- priate City officials to execute an agreement with the Police Benevolent Association, the bargaining agent for all Police Lieutenants (tabled on 5/24/89). SYNOPSIS OF ACTION: TABLED at the City Manager's request. Consulting Attorney Ruf read Temp. Reso. #5427 by title. * V/M Bender MOVED to TABLE Temp. Reso. #5427 at the City Manager's * request, SECONDED by C/M Hoffman. C/M Stelzer asked if the Item should be Tabled or Removed and City Manager Kelly said the Item would be coming before the City Council in the future. VOTE: ALL VOTED AYE TAPE 3 OPEN PUBLIC FORUM 21. OPEN PUBLIC FORUM Irving Katz, Resident of Lakes of Carriage Hills, said every time he read about the Budget he felt as though he was being used. He said he told the City Manager that Page 16 the Finance Department and the County Appraiser's Office made a property valuation of approximately 1 1/4 billion dollars in the City. He said Mayor Abramowitz indicated that he would be finding out what percentage of the residents were not paying taxes. Mr. Katz said it would behoove the City Council to pass a Resolution in favor of identifying that the first $10,000.00 to $15,000.00 of appraised valuation property should be taxed. Mr. Katz said the previous Administration was appropriate in proposing a Utility Tax because it would have been a fair method of taxation in the City. He said the time has come where everyone should be required to pay their fair share. Melanie Reynolds, Resident of Sands Point, said at the August 4, 1989 City Council Special meeting, the City Council refused to consider the employees who were not receiving increases. She said the employees were the most important part of the City because they made the City function. She said the employees should have been the first consideration in the Budget. Mrs. Reynolds asked why the Risk Manager position was eliminated when there was no one capable of handling the insurance matters. She asked why a City Planner was hired at a salary of approximately $48,000.00 per year when the person hired had no experience in landscaping. City Manager Kelly said this was not a requirement for the City Planner position. Mrs. Reynolds said she felt this was a requirement. She asked why a person was hired to complete the position of the City Planner when there was no office space available. She asked if the City Planner reduced the Planning Commission meetings from two to one per month. Mrs. Reynolds asked why the Planning Commission was not given landscaping plans to review before they were presented to the City Council. She asked what the status was of the City's Comprehensive Plan because there has been nothing on the Planning Commission Agenda since the previous City Planner began the plans. Mrs. Reynolds asked why some changes in site plans were given to the Plan Adjustment Committee instead of the Planning Commission and City Council. She asked why there were no minutes of the Site Plan Adjustment Committee. She said a previous employee indicated that Kelly Carpenter -Craft, City Planner, did not like her job or the City of Tamarac. She asked how Mrs. Carpenter -Craft could do appropriate work for the City if she felt this way. Mrs. Reynolds said the Enforcement was a new nothing on the Agenda employees were making asked who was running Budget indicated that Code Department; however, there was verifying this. She asked if the changes in the Government and she the City. Mayor Abramowitz said he has never had the privilege of working with the type of professionals working for the City until he became Mayor. He said the professionalism was a credit to the City. Page 17 8/ 9/ 89 Anthony Grimaldi, Resident of Sunflower/Heathgate, asked how many patrols were scheduled since the Broward Sheriff's Office was hired and City Manager Kelly said he was not aware of this matter off hand. City Manager Kelly said he did not monitor the patrol on a daily basis. Mr. Grimaldi said the City should have a monitor and City Manager Kelly said the City did have a monitor. Mr. Grimaldi said if City Manager Kelly did not know of the patrols then there was no monitor. Mayor Abramowitz said the City received a very comprehensive report and Mr. Grimaldi said if he was a City official, he would require a report at 9:00 A.M. every day regarding the shifts of each day. C/M Hoffman suggested that Mr. Grimaldi be provided with a written answer. Mr. Grimaldi said the City recently had a murder for the first time in the City and he asked how many traffic citations were being written during that time. City Manager Kelly said this was not a fair statement and Mr. Grimaldi disagreed. Mayor Abramowitz said the same Police Officers were patrolling the City and he said it was not fair to state that there was a murder in the City because the City merged with the Broward Sheriff's Office. Mr. Grimaldi said if matters such as this were not indicated, there would be no solutions. He said he was shocked when the City Manager Kelly indicated that he was not aware of the patrols on the streets. Bob Imbigiotta, Resident of Village of Woodland Lake, had concerns regarding the drainage problem in the Community. He said the matter has been existing since 1985 and he asked if there has been any progress. City Manager Kelly said there has been correspondence from the County and the Homeowners Association. He said the City Engineers reviewed the area and the City was presently communicating with the County to correct this problem since the problem occurred when the County owned the area. He said drainage improvements would be provided in the City; however, the Budget for 1989/90 did not include the improvements. Mayor Abramowitz suggested that the City Manager do whatever possible to get the improvements done in the area. He said if political actions had to be taken to get the County to respond, then it should be done. REPORTS 22. CITY COUNCIL REPORTS C/M Stelzer e No Report. C/M Rohr announced that there was an Article printed in the Miami Herald dated August 8, 1989, regarding the recycling program. He said the City of Tamarac should not become involved in this project because it was unfair to the residents and he would do his best to have the Page 18 City Council vote against the program. He said there were problems because there were companies hauling garbage that owned the landfills. He said it was difficult because the companies wanted to be protected, especially since the market of paper was low. C/M Rohr said the company wanted a 5 year contract; however, the City was not pressured to have a recycling program because Broward County was required by the State to provide a program. Mayor Abramowitz said the City Manager and C/M Rohr worked very hard on the recycling program. He said when he reviewed the contract he informed the City Manager that he would not vote on a contract with a provision that, if there was a loss, the City would be a guarantor. He said there were no specific figures given, etc., and he felt that there was no way the City would charge the residents with a hidden provision regarding the companies loss. Mayor Abramowitz said the surrounding Cities Managers and City Manager Kelly worked very hard to get this contract; however, he did not approve of the contract. He said the surrounding City Managers may be very angry with the City of Tamarac; however, the City Council had to look at the best interest of the residents. He said he agreed with C/M Rohr's concerns and he would not approve of this type of contract. C/M Rohr suggested that a Workshop be held with the surrounding City Managers and City Manager Kelly said C/M Rohr began by stating that he would object to the contract; however, he wanted a Workshop held. C/M Rohr said he would like to see if the contract could be changed and C/M Hoffman said the surrounding City Managers would be using the proposed contract. C/M Stelzer said the contract with Waste Management, Inc., provided that for every ton of newspaper collected there was a 50% reduction in tipping fees. He said as long as the recycling program was being detained, there was much money being lost by not collecting newspapers. Mayor Abramowitz asked who would determine the loss and C/M Stelzer said the contract indicated that 50% of the tipping fee would be given to the City. Mayor Abramowitz said it would cost approximately $10.00 per year per family for pick up of the newspaper. He said he was concerned with the stipulation in the proposed contract indicating that if there was a loss the City wooJuld cover the loss. He said there was no cap on the amount paid for the loss. He said there may be a chanr:e that the City of Tamarac would be able to negotiate a better contract if they did not join the surrounding Cities in the proposed contract. Mayor Abramowitz announced increasing this year as per Waste Management, Inc. He about the increase because contract. C/M Hoffman - No Report. V/M Bender - No Report. that the garbage fees would be the five year contract with said nothing could be done the City was bound by the Page 19 8/ 9/ 89 Mayor Abramowitz - No Report. 23. CITY MANAGER REPORT City Manager Kelly announced that the State reported that there were approximately 43,001 residents in the City of Tamarac; however, the additional revenue would not be applied to the 1989/90 Budget. Mayor Abramowitz said he received a telephone call from the Census Bureau and he would be proposing that the City Council approve a Citizen Advisory Group to handle the census, He said this was important because every resident not accounted for was a loss of revenue for the City. City Manager Kelly announced that the City Council Budget Workshops would begin tomorrow morning at 9:30 A.M. and the City Attorney, City Clerk, City Manager, Police Department and Social Services Budgets would be reviewed. ** EDITOR'S NOTE: There will be Budget Workshops held in Conference Room #1 (City Clerk's Office): August 14, 1989 - 9:30 A.M. August 15, 1989 - 1:00 P.M. August 16, 1989 - 9:30 A.M. August 17, 1989 - 9:30 A.M. C/M Stelzer asked why the City could not request the Homeowner's Association submit the number of residents in each Section to the City. Mayor Abramowitz said there were several places without an Association and C/M Stelzer said the rented areas could be determined. City Manager Kelly announced that the first Budget Public Hearing would be held on September 14, 1989 at 7:00 P.M. 24. CITY ATTORNEY REPORT - No Report. With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:00 P.M. "This public document was promulgated at a cost of $131.80 or $If,-48 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." CITY OF TAMARAC APPR VED AT MEETING OF City Clerk Page 20