HomeMy WebLinkAbout1989-10-25 - City Commission Regular Meeting Minutes7525 N.W. 88th AVENUE
T�MARAC, FLORIDA 33321.2401
RECORD OF COUNCIL, ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, OCTOBER 25, 1989
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chair
at this time�w 11 announce thcise items�whic
_ _._ _---..__------_.... h 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. a. PRESENTATION by City Manager Kelly of a five-year
employee service award to Thelma Fagelbaum of the
Finance Department.
FINAL ACTION:
PRESENTATION was made.
b. PRESENTATION by City Manager Kelly of ten-year
employee service awards to the following employees in
the Utilities West Department:
1.
Norma Bairan
2.
John Bragg
3.
Robert Charlton
4.
Thomas Gagnon
5.
John Harvey
6.
Angela Losasso
7.
Sol R.osenheck
8.
Lonnie Scott
9.
Hollie Solomon
FINAL ACTION:
PRESENTATION was made. Hollie Solomon was absent.
c. PRESENTATION by City Manager Kelly of a. fifteen -year
employee service award to Mary Falor of the Personnel
Department.
FINAL ACTION:
PRESENTATION was made.
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10/25/89
2. a. PRESENTATION by Mayor Abramowitz of a proclamation
designating October 29 through. November 4, 1989, as
"FORGET ME NOT WEEK".
b. MOTION TO APPROVE naming the gymnasium at. the Tamarac
Multi -Purpose Center "Irving Popeye Vitrofsky
Gymnasium".
FINAL ACTION:
2.a.�PRESENTATION was made.
2.b. APPROVED.
CONSENT AGENDA
3. Items listed under Consent Agenda, Item 3, are viewed to be
routine and the recommendation will be enacted by one
motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the Consent
Agenda and will be considered separately.
City Clerk
a. MOTION TO APPROVE the minutes of the following City
Council meetings:
1.
9/13/89
- Regular
Meeting
2.
9/14/89
- Special
Budget Meeting
3.
9/21/89
- Special
Meeting
4.
9/26/89
- Special
Budget Meeting
5.
9/27/89
- Regular
Meeting
6.
9/28/89
- Special
Meeting
FINAL ACTION:
APPROVED.
-------------
Engineering/Utilities
b. MOTION TO ADOPT Temv. Reso. #5573 releasing warranty
bond #55a-667$ an the amount of 29,288.00 posted for
water and sewer improvements at the WOODLAND POINT
a./k/a WOODLAND PLACE project.
FINAL ACTION: RESOLUTION NO. R-89-265 PASSED.
APPROVED.
C. MOTION TO ADOPT Temp. Reso. ##5572 releasing a warranty
bond in the amount -of 581,23Y.50 posted for public
improvements at the SPRING HOUSE project.
FINAL _ACTION:
REMOVED from the agenda.
d. 1. MOTION TO ADOPT Temp. Reso. ##5570 accepting a bill
of sale for thewater distribution and sewage
collection system improvements at the MISSION
LAKES a/k/a CORAL CREEK.
2. MOTION TO APPROVE. the First Amendment to the Water
andSewer Developers Agreement for MISSION LAKES
a/k/a CORAL CREEK.
FINAL ACTION: RESOLUTION NO. R-89-266 PASSED.
_.._. 3 . d. l . APPROVED.
3.d.2. APPROVED.
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10/25/89
CONSIDERATIONS
Administrative Reports
4. a. Sidewalks
b. South Florida water Management. District - November
mandatory water, restrictions
FINAL ACTION:
4.a. REMOVED from the agenda.
4.b. Report. was made by City Manager John Kelly.
Building Department
5. MOTION TO APPROVE various seminar travel requests for the
Build-ingrDepartment during Fiscal Year 1989/90.
FINAL ACTION:
APPROVED.
City Attorney
6. DISCUSSION AND POSSIBLE ACTION concerning Comark vs. City
of Tamarac.
FINAL ACTION:
APPROVED entering into a settlement agreement in the amount.
of $130,000 with a two year payment at no interest. Final
documents to come before City Council
7. MOTION TO APPROVE an hourly rate increase for the law firm
of_ Ruf &-_Carsky, P.A., as follows:
Alan F. Ruf $100.00
Christine M. Carsky 90.00
Kimberly Register 75.00
FINAL ACTION:
APPROVED.
Community Development
8. MOTION TO APPROVE a model sales facility for CLASSIC
COMMERCIAL VILLAS for a six-month period from 10/25/89 to
4/25/90.
FINAL ACTION:
APPROVED.
Engineering/Utilities
9. MOTION TO APPROVE various seminar travel requests for the
Utilities/Engineering Department during Fiscal Year
1989/90.
FINAL ACTION:
�..APPROVED.
Finance Department
10. MOTION TO APPROVE the transfer of $783,850.00 from TUW
CIAO Budgetary Retained Earnings Account #432-389-115 to
various utility accounts to provide funding for Fiscal Year
1989/90.
FINAL ACTION:
APPROVED.
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10/25/89
.RESOLUTIONS
CommunityDevelopment
�.__.._ . _ _.. - - - - - - -
11. a. MOTION TO ADOPT Temp. Reso. #5583 approving a plat for
MELAUR. MEDICAL PLAZA,
b. MOTION TO ADOPT Temp. Reso.#5584 approving
Deve opment Order It'25-8nd_ aassociated documents for
MELAUR MEDICAL PLAZA.
(to be located on the west side of University Drive, south
of NW 71 Court)
FINAL ACTION:
�ll.a. APPROVED. RESOLUTION NO. R-89-267 PASSED.
APPROVED. RESOLUTION NO. R-89-268 PASSED.
12. MOTION TO ADOPT -Temp. Reso. #5577 authorizing the
appropriate City officials to submit a grant application to
the Florida Department of Community Affairs for an amount.
of $33,061.00 to update the City's Land Development Code.
FINAL ACTION:
a Li 1 -A V J a" .
RESOLUTION NO. R-89-269 PASSED.
13. MOTION TO ADOPT Temp. Reso. #5576 authorizing the
appropriate City officials to execute an agreement with
Broward County relating the disbursement of funds in the
amount of $2,850.00 from the Broward County Tree
Preservation Trust Account to be used for landscaping at.
the Municipal Complex.
FINAL _ACTION:
yTAPPROVED.
Engineering/Utilities
RESOLUTION NO. R-89-270 PASSED.
14. MOTION TO ADOPT Temp. Reso. #5579 approving an agreement
with Motorola Communications & Electronics, Inc., for the
sole source purchase of nine (9) remote terminal units in
the amount of $40,459.59 in order to Inovi.de information
from various pump stations to Utilities.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-271 PASSED.
15. MOTION TO ADOPT Temp. Reso. #5585 approving an agreement
with Cues, Inc., for 1.he sale source purchase of 1000-feet
of cable at a cost of $3,845.000 used for television.
viewing of sewer. mains.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-272 PASSED.
16. MOTION TO ADOPT Temp. Reso. #5575 authorizing the
appropriate City officials to cal-1 the warranty Letter of
Credit #N4872 in the amount of $10,383.63 posted for public
improvements at the 84TH TERRACE SHOPPES project as the
requirements for release have not been met.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-264 PASSED.
1
1
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10/25/89
Fire Department
1
L
1
17. MOTION TO ADOPT Temp_,_ Reso. #5582 approving an agreement
with Ti- co Equipment Corporation for the sole source
purchase of one (1) double -wide trailer which presently
houses the Fire Prevention Bureau at a cost of $16,865.00.
FINAL ACTION:
APPROVED.
General Administrative
RESOLUTION NO. R-89-273 PASSED.
18. MOTION_ To ADOPT Temp. Reso. #5578 authorizing the
appropriate City officials �to submit a grant application irn
the amount of $120,000.00 to the Florida. Department of
Natural Resources for the development of Tamarac Sports
Complex.
FINAL ACTION: RESOLUTION NO. R.-89-274 PASSED.
APPROVED subject to before being sent to the State, the
City Manager is satisfied the City can provide in -kind
services in lieu of cash.
19. MOTION TO ADOPT Temp. Reso. #5586 authorizing the
appropriate City officials to execute an agreement with
Spanish River Enterprises, Inc., for the placement of an
antenna on the Holiday Inn West. Building for the City's
communications system.
FINAL ACTION: RESOLUTION NO. R-89-275 PASSED.
�-.APPROVED.
20. MOTION TO ADOPT Temp. Reso. #5574 awarding Bid #89-53 to
B&B Printing Service for six 4-page issues and to Lawrence
Business Forms for four 8-page issues.
FINAL ACTION_ :
TABLED for more information.
Public Works Department.
21. MOTION TO ADOPT Temp. Reso. #5560 authorizing the
appropriate City officials to execute an agreement with
Broward County pertaining to Trafficways Illumination on
Rock Island Road from Commercial Boulevard to NW 44 Street
(tabled on 10/10/89).
FINAL ACTION:
REMOVED from the agenda.
22. MOTION TO ADOPT Temp. Reso. #5580 declaring certain
equipment as surplus and authorized to be sold at a City
auction to be held on Saturday, November 18, 1989, by Jay
Sugarman Auctioneers.
FINAL ACTION: RESOLUTION NO. R-89-276 PASSED.
r APPROVED.
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10/25/89
PUBLIC HEARING - 10:00 A.M.
Community Development
23. PUBLIC HEARING - MOTION TO ADOPT Temp. Res_o. #5581
concerning�faW request^ by�EUGENE RICHARDS for special
exception to permit a dry cleaning establishment, for
direct customer services, at 7114 University Drive in
FAMILY MART SHOPPING CENTER, which is zoned B-2 (Planned
Business). Petition #33-Z-89
FINAL ACTION: RESOLUTION NO. R-89-277 PASSED.
Public Hearing was held. APPROVED subject to approval by
the Enviornmental Quality Control Board.
ORDINANCES
PUBLIC HEARING - 10:00 A.M.
Community Development
24. a. MOTION TO ACCEPT Affidavits of Publication and Posting
for Tem._ Ord. 1456. Petition #29-Z-89
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1456 on
second -reading concerning -a request by TAMARAC
PARTNERS, LTD., to rezone lands at. the southwest
corner of a parcel of land to be developed as MELAUR
MEDICAL PLAZA on the west side of University Drive at
NW 71 Court from. B-6 (Business District) to B-5
(Limited Business District). Petition #29-Z-89
FINAL ACTION: ORDINANCE, NO. 0-89-35 PASSED.
24.a. ACCEPTED Affidavits.
24.b. Public Hearing was held. APPROVED on second reading.
f
Community Development
25 MOTION 70 ADOPT Temp. Ord. #1460 on first. reading to amend.
Ordinance 0-88--33 by establishing occupational license tax
classifications and fees for nail. technicians.
FINAL ACTION:
Public Hearing was held. APPROVED on first. reading. Second
reading and public hearing will be held on Wednesday,
November 8, 1989 at or after 7:30 p.m.
26. MOTION TO ADOPT_ Temp. Ord._#1459 on first reading to vacate
a 5b foot ingress/egress easement along NW 73 Manor within
WOODMONT TRACT 74.
FINAL ACTION:
Public Hearing was held. APPROVED on firstreading subject
to all releases from utility companies being submitted
prior to November 8, 1989. Second reading and public
hearing will be held on Wednesday, November 8, 1989 at or
after 7 :30 p.m.
Page 6
10/25/89
General Administrative
1
27. MOTION TO ADOPT Temp. Ord. #1457 on first reading adopting
and enacting a new Code for the City of Tamarac (tabled on
10/10/89).
FINAL ACTION_:
Public Hearing was held. APPROVED on first reading.
Second reading and public hearing will be held on
Wednesday, November 8, 1989 at or after 7:00 p.m.
OPEN PUBLIC FORUM
28. 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.
29. City Council
30. City Manager.
31. City Attorney
REPORTS
AGENDIZED BY CONSENT
32. MOTION TO AMEND Temp._R.eso. #5578 authorizing appropriate
City offisia.ls� to� execute an Amendment to the Agreement
with the State of Florida Department of Natural Resources
for the Tamarac Multi -Purpose Center relating to acceptance
of a $250,000.00 grant.
FINAL_ ACTION:
APPROVED.
RESOLUTION NO. R-89-278 PASSED.
33. MOTION TO APPROVE payment to Risk Management Consultant.
FINAL ACTION:
APPROVED payment for services to date with a contractito be
submitted to the City Council.
1: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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
Residential and Commercial Zoning Districts
A-1 - Limited Agricultural
B-1 - Neighborhood. Business
B-2 - Planned Community Business
B-3 - General Business
B-5 - Limited Business District.
B-6 - Business District
I-1 - Institutional
LI- l-- Light Industrial
R-1 - Single Family Residence
R-1B &
R-lC- One Family Dwelling
R-2 - Two Family Dwelling
R-3 - Low Density Multiple
R--3U - Row House
R-4A - Planned Apartment
R-5 - Motel/Hotel
RD-7 - Two Family Dwelling
RM-5 - Residential Multi -Family
RM-10- Planned Apartment
S-1 - Open Space/Recreational
T-1 - Trailer Park
Page 7
10/25/89
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, OCTOBER 25, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, October 25, 1989 at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge o Allegrance followed by a Moment of Silent Meditation on
behalf of the return of Councilman Jack Stelzer.
PRESENT:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
INTRODUCTION
1. a. PRESENTATION by City Manager Kelly of a five --year
employee service award to Thelma Fagelbaum of the Finance
Department.
b. PRESENTATION by City Manager Kelly of ten-year employee
service awards to the following employees in the Utilities
West Department:
1. Norman Bairan
2. John Bragg
3. Robert Charlton
4. Thomas Gagnon
5. John Harvey
6. Angela Losasso
7. Sol Rosenheck
8. Lonny Scott
9. Hollie Solomon
c. PRESENTATION by City Manager Kelly of a fifteen -year
employee service award to Mary Falor of the Personnel
Department.
SYNOPSIS OF ACTION:
PRESENTATIONS for a., b. and c. were
given.
b. Lonny Scott accepted the award for
Hollie Solomon.
City Manager Kelly presented the employee services awards
of a., b. and c. and he thanked the employees for the
years of service for the City. He said the City absorbed
a private Utilities Department 10 years ago and the
awards were being presented to those employees of that
Utilities Department that became City of Tamarac
employees 10 years ago. Lonny Scott accepted the award
for Hollie Solomon who was ill and in the hospital.
Page 1
10/25/89-pw
2. a. PRESENTATION: by Mayor Abramowitz of a proclamation
designating October 29 through November 4, 1989, as "FORGET
ME NOT WEEK".
SYNOPSIS OF ACTION:
PRESENTATION was given to a representative of
the Disabled American Veterans,of Tamarac.
Mayor Abramowitz read the proclamation and presented it
to a representative of the Disabled American Veterans of
Tamarac.
Ben Cherkis, previous Commander of the Disabled American
Veterans, said he was representing the "Forget Me Not"
drive held annually. He asked that the residents
participate in this drive.
AGENDIZED BY CONSENT
2 b. MOTION TO APPROVE naming the gymnasium at the Multi -Purpose
Center as Irving Popeye Vitrofsky Gymnasium".
SYNOPSIS OF ACTION:
AGENDIZED_Fy Consent.
APPROVED.
Mayor Abramowitz said unfortunately, the City lost one of
their great friends this year and, as Liaison to the
Tamarac Elementary School, he would like the City
Council's consent in naming the Multi -Purpose Center's
gymnasium "Irving Popeye Vitrofsky Gymnasium".
C/M Hoffman, V/M Bender, C/M Stelzer and C/M Rohr
approved of this dedication.
* C/M Hoffman MOVED to APPROVE the naming of the gymnasium in
* the Multi -Purpose Center as the "Irving Popeye Vitrofsky
* Gymnasium", SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
CONSENT AGENDA
Engineering/Utilities
3. c. MOTION TO ADOPT Temp. Reso. #5572 releasing a warranty bond
ink amount of $81,233.50 posted for public improvements
at the SPRING HOUSE project.
SYNOPSIS OF ACTION:
REMOVED rod m the Agenda.
* V/M Bender MOVED to REMOVE Consent Agenda Item 3 c., SECONDED
* by C/M Hoffman.
VOTE: ALL VOTED AYE
CONSIDERATIONS
Administrative Reports
4. a. Sidewalks
b. South Florida Water Management District - November
mandatory water restrictions
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10/25/89-pw
1
SYNOPSIS OF ACTION:
a. REMOVED from the Agenda.
b. (SEE PAGE 5 for Final Action)
* V/M Bender MOVED to REMOVE Item 4 a. from the Agenda, SECONDED
* by C/M Hoffman.
VOTE:
RESOLUTIONS
General Administrative
ALL VOTED AYE
18. MOTION TO ADOPT Temp. Reso. #5578 authorizing the appro-
pr' -fate City'o_'Ticia s to submit grant application in the
amount of $120,000.00 to the Florida Department of Natural
Resources for the development of Tamarac Sports Complex.
SYNOPSIS OF ACTION:
DISCUSSED.
V/M Bender asked that Temp. Reso #5578 be REMOVED from the Agenda.
C/M Hoffman asked why this Item was being removed and
City Manager Kelly said he would like to call a special
meeting on this matter; therefore, the Item was not
presentable at this time.
C/M Hoffman asked if the City Council could approve this
Item subject to staff's approval and City Manager Kelly
said this could be done; however, the Item would not be
enacted until he was satisfied.
Mayor Abramowitz said under normal conditions, he would
not agree to the approval subject to staff's approval;
however, the request was for the City to receive
$120,000.00 and he did not want the Item to be detained.
He asked the City Attorney for his opinion.
City Attorney Doody said he understood that the City
would be applying for a grant in the amount of
$120,000.00; however, the City was required to provide
in -kind services. He said he understood that the in -kind
services availability has not been determined. He said
if the City Council did not want the Item brought back, a
Motion could be made to authorize the application to
proceed if it was in a form acceptable to the City
Manager.
Mayor Abramowitz said he would like the Motion to also
include that the application could proceed if it met all
of the criteria.
City Attorney Doody suggested that this Item be acted
upon when it was due to be heard on the Agenda.
(SEE PAGE 19 for Final Action)
Public Works Department
21. MOTION TO ADOPT Temp. Reso. #5560 authorizing the appro-
priate Ca.tyofficials to execute an agreement with Broward
County pertaining to Trafficways Illumination on Rock Island
Road from Commercial Boulevard to NW 44 Street (tabled on
10/10/89).
SYNOPSIS OF ACTION:
REMOVED from the Agenda.
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10/25/89--pw
* V/M Bender MOVED to APPROVE Temp. Reso. #5560, SECONDED by
* C/M Hoffman.
VOTE:
AGENDIZED BY CONSENT
ALL VOTED AYE
32. MOTION TO ADOPT Temp. Reso. #5578 authorizing the
appropriate Cy�icial�s�to execute an Amendment to the
Agreement with the State of Florida Department of Natural
Resources for the Tamarac Multi -Purpose Center relating to
acceptance of a $250,000.00 grant.
SYNOPSIS OF ACTION:
AGENDIZED by Consent. (SEE PAGE 21 for Final Action)
* V/M Bender MOVED to AGENDIZE Temp. Reso. #5578 by Consent
* as Item 32., SECONDED by C/M RoiSr.
VOTE:
City Attorney Doody said he has not reviewed this
agreement and City Manager Kelly suggested that the Item
be Agendized and discussed because it was important.
33. MOTION TO APPROVE the payment for services due to the
Risk Manager Consultant.
SYNOPSIS OF ACTION:
AGENDIZED by Consent. (SEE PAGE 21 for Final. Action)
* V/M Bender MOVED to AGENDIZE this Item by Consent as Item 33,
* SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
CONSENT AGENDA - ITEM 3, a. through d.
City Clerk
3. a. MOTION to APPROVE the minutes of the following City
Councilmeet meetings:
1.
9/13/89 -
Regular
Meeting
2.
9/14/89 -
Special
Budget Meeting
3.
9/21/89 -
Special
Meeting
4.
9/26/89 -
Special
Budget Meeting
5.
9/27/89 -
Regular
Meeting
6.
9/28/89 -
Special
Meeting
SYNOPSIS OF ACTION:
APPROVED.
Engineering/Utilities
b. MOTION TO ADOPT Temp. Reso. #5573 releasing warranty
bond 550-6678 in the amount o?_�29,288.00 posted for water
and sewer improvements at the WOODLAND POINT a/k/a WOODLAND
PLACE project.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-265 - PASSED
c. MOTION TO ADOPT Temp. Reso. #5572 releasing a warranty bond
in he amount of $81,233.50 posted for public improvements
at the SPRING HOUSE project.
d
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10/25/89-pw
SYNOPSIS OF ACTION:
REMOVED from the Agenda on Page 2.
d. 1. MOTION TO ADOPT Temp. Reso. #5570 accepting a bill
of sale —For the water ddistrib tiu on and sewage collection
system improvements at the MISSION LAKES a/k/a CORAL
CREEK.
2. MOTION TO APPROVE the First Amendment to the Water
and Sewer Developers Agreement for MISSION LAKES a/k/a
CORAL CREEK.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-266 - PASSED
APPROVED a. and b.
* C/M Hoffman MOVED to APPROVE the Consent Agenda, Item 3 a.
* through d., except for c., SECONDED by V/M Bender.
VOTE:
CONSIDERATIONS
Administrative Reports
4. a. Sidewalks
ALL VOTED AYE
b. South Florida Water Management District - November
mandatory water restrictions
SYNOPSIS OF ACTION:
a. REMOVED from the Agenda on Page 2.
b. REPORT given by City Manager.
b. City Manager Kelly said the newspapers have reported that
there was a need for water restrictions which have been
imposed and enforced in portions of Broward County and
South Florida. He said the South Florida Water
Management District staff stated that they intended to
recommend mandatory restrictions.
City Manager Kelly said the status of the restrictions
were eased because of the recent rainfall; however, the
rainfall only delayed the restrictions for a few weeks.
He said on November 8, 1989, the South Florida Water
Management District would be meeting to review the
staff's recommendations, which would be to impose
mandatory phase 1 restrictions in Broward County.
City Manager Kelly said Tamarac would be affected by
these restrictions. He said the City's wells contained a
lot of water; however, everyone would be obligated to
comply with the restrictions regardless of what water was
used.
City Manager Kelly said the Tam -A -Gram has suggested how
water could be conserved. He said the City applied for a
Xeriscape grant and Xeriscape landscaping was drought
resistant; however, the Water Management District was
requiring that the City incorporate a Xeriscape
Ordinance. He said South Florida needed water and it
could be a long time process to correct the shortage. He
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10/25/89--pw
said Xeriscape landscaping would have to be used
throughout the City and the residents were being asked to
conserve drastically.
City Manager Kelly said he would be meeting with the golf
course owners after the November 8, 1989, South Florida
Water Management District meeting to inform them of the
restrictions. He said the restrictions would be
publicized for the residents as well. He said the City
would be enforcing the restrictions and sanctions would
have to be imposed even though the City had enough water.
C/M Rohr said the municipalities through the Broward and
Florida League of Cities should enact a program asking
the State to investigate the use of dissemination plants
in Florida. He said he would be bringing this suggestion
to the Broward League of Cities regarding this matter.
He said Key West had dissemination plants and he felt
that the Cities in Broward County should implement this
type of program to avoid the loss of water.
Building Department
5. MOTION TO APPROVE various seminar travel requests for
the Buil-Jing Department during Fiscal Year 1989/90.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender.
City
City
Departments.
Manager Kelly said during the budget review, the
Council approved travel compensation for various
He said the City Council also required that
they give authorization to any staff member that would
stay overnight out of the City.
City Manager Kelly said to simplify the process, staff
provided the annual request as approved during the budget
process and the total amount for this Item was $7,900.00
for the Building Departments travel and seminars.
Mayor Abramowitz said meetings and seminars were very
important because of the new regulations and the
Departments needed the appropriate training to comply
with the regulations.
VOTE: ALL VOTED AYE
City Attorney
6. DISCUSSION AND POSSIBLE ACTION concerning Comark vs. City
of Tamarac.
SYNOPSIS OF ACTION:
APPROVED negotiations of a settlement agreement
in the amount of $130,000.00 with a two year
payment at no interest. Final documents are to
come before the City Council.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender.
City Attorney Doody said the City has been involved in
litigation concerning Comark vs. the City of Tamarac. He
said the litigation has been held in the Federal
Bankruptcy Court in California and the Attorneys of
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10/25/89-pw
Morgan, Lewis and Bockius acted on behalf of the City.
He said Sergio Alvarez Mena was present on behalf of the
firm and would be requesting City Council approval to
enter into a settlement. He said the trustee approved in
concept a settlement in the total amount of $130,000.00
to be paid within two years at no interest.
City Attorney Doody said the settlement documents were
not available at this time; however, he would recommend
authorization from the City Council to settle on these
terms. He said the approval should be contingent upon
the settlement documents being acceptable to the City
Attorney's Office.
Mayor Abramowitz said he was informed of this matter
approximately 8 months ago while he was signing a print
out to authorize payments. He said when he received the
printouts, he reviewed them and questioned items that did
not seem familiar. He said he questioned a legal invoice
for $26,000.00 from Morgan, Lewis and Bockius.
Mayor Abramowitz said he was informed of the Comark
matter and, last week, the City paid approximately
$15,000.00 in legal fees. He said at a meeting with the
Attorneys, he was informed that it would cost the City
more to fight the Case and win as opposed to settle the
Case. He said the Bankruptcy Judge recently decided that
Discovery must occur by the end of November, 1989. He
said he was informed that it would cost the City
approximately $60,000.00 for the Discovery process and a
trial would cost more with the possibility of the Judge
ruling against the City. He said this entire process
could cost approximately $1,700,000.00.
Mayor Abramowitz said he did not want to refer to the
reasons for the matter; however, it would be discussed at
subsequent meetings. He said the City has been trying to
settle this matter within the last year and he commended
the City Attorney and Morgan, Lewis and Bockius for
working in the best interest of the City, which was to
settle this Case.
Sergio Alvarez Mena, Attorney from the firm of Morgan,
Lewis and Bockius, said he represented the City during
the ESM matter and to settle that Case was most effective
to the City. He said the issue regarding the Comark Case
pertained to law and economics.
Attorney Mena said the law in the Case was 50/50 at best
for the City. He said this was because it was a very
unsettled area of the law and it was a combination of
securities and bankruptcy law and the over right was very
indefinite. He said the Judge in Bankruptcy Court had
the inclination to bring assets back into the Estate.
Attorney Mena said the Trustee originally asked for 1.78
million dollars and the Attorneys managed to reduce this
request to approximately 1 million dollars. He said the
location of the Estate was in California, which was very
expensive for the City.
Attorney Mena said the Judge was requesting immediate
action on the Case and, in order to actively defend the
lawsuit, there would be high expenses. He said the
Attorneys were able to negotiate with the Trustees and
Pag e 7
10/25/89-pw
the original offer was being reduced by more than 50%.
He said it was at the point where this Case should be
settled.
Attorney Mena said he tried to hold the expenses in this
Case down and, if the City pursued and won the Case, the
Trustee would appeal. He said this would create further
expenses for the City; therefore, it made no financial
sense for the City to continue with the litigation.
Attorney Mena said the Trustee was willing to settle this
Case for $130,000.00 total paid over two budget years,
which would be $95,000.00 at this time and $35,000.00
next year. He said this was the recommendation of
Morgan, Lewis and Bockius.
City Attorney Doody said the City Attorney's Office also
recommended that the settlement be approved.
C/M Hoffman asked what the legal expenses would be if the
Case was pursued and Attorney Mena said if the Case was
pursued through the appeal process the costs could easily
reach $100,000.00.
Attorney Mena said his firm was a defendant and not
prosecuting the lawsuit; therefore, the actions of the
Attorneys was based on what the Trustee did. He said it
would be in the City's best interest to settle the case
at $130,000.00 as opposed to continuing.
VOTE:
ALL VOTED AYE
Mayor Abramowitz asked the City Attorney to bring the
documents relating to the settlement back to the City
Council for execution.
Attorney Mena said the final documents would be submitted
shortly.
C/M Rohr suggested that the City Attorney submit a Report
on the reasons for the Case and Mayor Abramowitz said
this documentation was already available.
Mayor Abramowitz asked if the Criminal Conspiracy charge
was dropped and City Attorney Doody said there were
allegations of Fraud and not Criminal Conspiracy charges.
He said the settlement being proposed would eliminate
all dealings with the Case.
7. MOTION TO APPROVE an hourly rate increase for the law
firm of RuT & Carsky, P.A., as follows:
Alan F. Ruf $100.00
Christine M. Carsky 90.00
Kimberly Register 75.00
SYNOPSIS OF ACTION:
APPROVED.
* V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
City Attorney Doody said a letter from the Firm of Ruf &
Carsky was submitted requesting a rate increase. He said
the proposed per hour rate for Alan F. Ruf was $100.00,
$90.00 for Christine Carsky and $75.00 for Kimberly
Register and Associates.
11
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City Attorney Doody said he conducted a survey in 1987
concerning legal fees paid by the surrounding
municipalities for Counsel. He said the firm of Ruf &
Carsky charged less than the standard municipal Attorney
fees. He said he was very pleased with the services of
Ruf & Carsky because the City received personal service
from the firm, which had a long history with the City of
Tamarac. He said Attorney Ruf was the City Attorney for
Cooper City and received $100.00 per hour. He said the
average fee for an Attorney in Broward County was $125.00
per hour. He recommended approval of the increase.
V/M Bender said he reviewed the backup information and
the increase was substantiated with the charges of the
surrounding Cities.
City Attorney Doody said to receive services from
Christine Carsky at $90.00 was very good.
C/M Rohr said the type of service received from the firm
of Ruf & Carsky has been very good because the firm
considered the City's needs and he approved of the
increase.
Mayor Abramowitz said this matter has been considered
within the last year and the services of the firm was
very good. He said the firm has been very receptive of
the financial problems of the City and he approved of the
increase.
Anthony Grimaldi, resident, asked if Attorney Ruf was the
only Attorney for Cooper City.
City Attorney Doody said he was not familiar with the
operations of Cooper City and he asked Attorney Ruf to
answer this question.
Attorney Ruf said every member of his firm was employed
by Cooper City and Cooper City had outside labor and
litigation Counsel.
Mr. Grimaldi asked if Cooper City had a City Attorney and
Attorney Ruf replied, no. Mr. Grimaldi asked if the
charge of $100.00 to Cooper City was for representation
of the entire City. He said there were two Attorney's
representing the City of Tamarac and he suggested that
City Council review this matter more thoroughly since the
employees of the City were not given an increase.
City Attorney Doody said there was no other City in
Broward County that had a population of 45,000 people and
only one In -House Attorney. He said two more Attorneys
were needed in this City.
TAPE 2
C/M Hoffman said the City of Sunrise paid $200.00 per
hour to their Consulting Attorneys and they had an
In-house Attorney, the City of Parkland had an In -House
Attorney and paid $125.00 per hour for their Consulting
Attorney, the City of Deerfield Beach paid $150.00 per
hour for their Consulting Attorney and had an In-house
Attorney and the City of Davie paid $150.00 per hour for
a Consulting Attorney and had an In --house Attorney.
C/M Hoffman said he felt that the City was receiving a
bargain by retaining the services at the fees being
charged by Ruf & Carsky.
Page 9
10/25/89-pw
City Attorney Doody said Cooper City had 12,000 people
and Mayor Abramowitz said Cooper City had approximately
200% less lawsuits than Tamarac.
Mr. Grimaldi said he was not questioning the ability of
the Attorneys; however, he was concerned that the
employees were not receiving increases.
C/M Hoffman said the City was still negotiating with the
unions and employees.
C/M Stelzer said he objected to the public discussions
evaluating a man's personal and professional services.
He said if Attorney Ruf felt that his services would cost
$100.00 per hour and, if the City did not pay these fees,
the services would not be provided with 100% of his
attention.
VOTE:
Community Development
ALL VOTED AYE
8. MOTION TO APPROVE a model sales facility for CLASSIC
COMMERCIAL VILLAS for a six-month period from 10/25/89 to
4/25/90.
SYNOPSIS OF ACTION:
APPROVED.
* V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said this was an application for a model sales permit for
Classic Commercial Villas at 4750-4850 W. Commercial
Boulevard. She said over the last year, the City Council
approved the plat, site plan, zoning and variances
necessary for this project to proceed. She said staff
recommended approval of this request contingent upon the
applicant not crossing the non -vehicular line on NW 50
Street. She said the applicant agreed to this.
VOTE:
Engineer ing/Utilities
ALL VOTED AYE
9. MOTION TO APPROVE various seminar travel requests for
t—TFe—utilities Engineering Department during Fiscal Year
1989/90.
SYNOPSIS OF ACTION:
APPROVED.
* V/M Bender MOVED to APPROVE this Item, SECONDED by V/M Bender.
City Manager Kelly said this Item was similar to Item 5
whereby the City Council approved the travel and seminar
expenses during the budget process for the
Utilities/Engineering Department. He said the seminars
would improve the services of the employees and certify
them to operate the Department. He recommended approval
of this Item.
Mayor Abramowitz asked if the City Manager reviewed the
requests for seminars and City Manager Kelly replied,
yes.
VOTE:
ALL VOTED AYE
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L
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1
Finance Department
10. MOTION TO APPROVE the transfer of $783,850.00 from TUW
CIAC Budgetary Retained Earnings Account #432-389-115 to
various utility accounts to provide funding for Fiscal Year
1989/90.
SYNOPSIS OF ACTION:
APPROVED.
* V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Ken Burroughs, Finance Director, said these items related
to the sewer disposal and treatment of the 201 Program.
He said this was the third year that CIAC Funds were used
to help pay these costs.
Mayor Abramowitz asked if this request was for a transfer
of funds and Mr. Burroughs said this request was to
provide funding for the three items.
C/M Stelzer asked if this matter was investigated to see
if it was legal and Mr. Burroughs replied, yes.
VOTE:
ALL VOTED AYE
At 9:55 A.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 10:00 A.M. with ALL PRESENT, except C/M Stelzer who
WITHDREW because of a previously schemed doctor's
appointment.
PUBLIC HEARING - 10:00 A.M.
Community Development
24. a. MOTION to ACCEPT Affidavits of Publication and
-Pog—Tor Temp. Ord. #1456. Petition #29-Z-89
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1456 on
second reading concerning a request by TAMARAC PARTNERS,
LTD., to rezone lands at the southwest corner of a parcel
of land to be developed as MELAUR MEDICAL PLAZA on the
west side of University Drive at NW 71 Court from B-6
(Business District) to B-5 (Limited Business District).
Petition #29--Z-89
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-35 -- PASSED
Public Hearing was held.
a. ACCEPTED Affidavits.
b. APPROVED on second reading.
* a. V/M Bender MOVED to APPROVE Affidavits of Publication and
* Posting for Temp. Ord. 01456, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
b. City Attorney Doody read Temp. Ord. #1456 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1456 on second reading,
* SECONDED by C/M Hoffman.
Page 11
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Kelly Carpenter -Craft, Director of Community Development,
said this request was to rezone properties on University
Drive. She said the property was currently zoned B--6
(Business District) and the request was to rezone to B-5
(Limited Business District). She said the applicant
intended to locate a child care facility on the site,
which required a special exception in a B-5 Zone. She
said the site contained .861 acres and the surrounding
uses and zoning are as follows:
North
B-6
Community Facilities
South
B-1
Commercial
West
B-6
Commercial
East
B-2
'Commercial
Mrs. Carpenter -Craft said the Planning Commission
recommended approval of the request at their September
20, 1989 meeting and she recommended approval.
Mayor Abramowitz Opened the Public Hearing.
Melanie Reynolds, Resident, said nurseries and
kindergartens were allowed in the B-5 Zone. She asked
why a special exception was needed.
Mayor Abramowitz said the item before the City Council
was for rezoning and not a special exception.
Mrs. Reynolds said Mrs. Carpenter -Craft said a special
exception was needed to have a day care center on the
property; however, a B-5 Zone allowed this type of use.
Mayor Abramowitz said he would not act upon an Item that
was not before him and the Item before the City Council
was a rezoning request.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
RESOLUTIONS
Community Development
ALL VOTED AYE
23. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5581
concerning request EUGENE RICHARDSz spe iac 1 exception
to permit a dry cleaning establishment, for direct customer
services, at 7114 University Drive in FAMILY MART SHOPPING
CENTER, which is zoned B-2 (Planned Business). Petition
#33-Z-89
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-277 - PASSED
Public Heart g was held.
APPROVED subject to approval by the
Environmental Quality Control Board.
City Attorney Doody read Temp. Reso. #5581 by
title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5581, SECONDED by
* C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
read the Findings of Fact as follows:
1
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1. Eugene Richards is seeking approval of a special
exception to permit a dry cleaning establishment,
for direct customer services, at 7114 University
Drive in Family Mart Shopping Center, zoned B-2
(Planned Business).
2. Mr. Richards received Council approval on June 28,
1989, for his dry cleaning business to be located
at 7110-A University Drive, in Family Mart Shopping
Center (Petition #8-Z-89) and, through no fault of the
City, was unable to occupy that space.
3. The proposed store also consists of 1,200 square
feet in the Family Mart Shopping Center building,
which has a total of 68,538 square feet of floor space.
4. The parcel is designated Commercial on the City's Land
Use Plan and the Zoning Code allows the operation of dry
cleaning establishments, for direct customer service
as a special. exception.
5. The current land use and zoning on the abutting property
is:
North B-2
South B- 3
East R-4A
B- 3
West B-6
6. Since the plaza is in a zone 3
a license may be required from
Control Board.
7. The Planning Commission voted
approval at their October 18,
RECOMMENDATION:
The Community Development Department
special exception request, subject to
required Tamarac Code conditions.
Commercial
Commercial
Low Medium Residential
(5-10 D/UA)
Commercial
of the Tamarac Wellfield,
the Environmental Quality
to recommend Council
1989 meeting.
recommends approval of the
conformance with all
V/M Bender said Family Mart Shopping Center has been
renamed as Woodmont Shopping Plaza.
Mayor Abramowitz said the records still listed the Center
as Family Mart and Mrs. Carpenter -Craft said the
applicant had to inform staff where the facility was on
the site plan. She said the site plan in Broward County
indicated the Center to be Family Mart Shopping Center.
C/M Rohr asked why it was necessary for a special
exception if the use was permitted.
Mrs. Carpenter -Craft said Zoning Codes very often had
provisions for special exceptions and Tamarac has
approximately 25 special exceptions. She said in a
commercial zone there may be 5 things that were
permitted; however, extra requirements were needed to
prove that the use was not obnoxious in the zone. She
said there was usually set criteria to meet in those
zones, such as a dry cleaner needing to meet
specifications for boilers, solvents, etc. She said
special exceptions were generally dealing with uses that
may be obnoxious.
C/M Rohr asked why the Community Development Department
could not be responsible for monitoring the requirements
as opposed to bringing it before the City Council for
approval.
Mayor Abramowitz said the Code would have to be amended
to provide this change.
Page 13
10/25/89-pw
Mrs. Carpenter -Craft said special exceptions were brought
to the City Council for review and approval so that the
specifications were met. She said most of the special
exceptions were handled by the Legislative Body as
opposed to staff level.
Mayor Abramowitz said the Code stated that the only one
who could grant a special exception was the Legislative
Body of the City. He said if C/M Rohr disagreed with
this, he favored the Code being changed.
Mrs. Carpenter -Craft said she did not disagree with
spelling out the criteria and staff operating under the
criteria; however, zoning matters should be authorized by
the Legislative Body.
VOTE:
ORDINANCES
Community Development
ALL VOTED AYE
25. MOTION TO ADOPT Temp. Ord. #1460 on first reading to amend
Ordinance 0-88-33 by establishing occupational license tax
classifications and fees for nail technicians.
SYNOPSIS OF ACTION:
APPROVED on First reading.
City Attorney Doody read Temp. Ord. #1460 by title.
* C/M Rohr MOVED to APPROVE Temp. Ord. #1460 on first reading,
* SECONDED by V/M Bender.
Kelly Carpenter -Craft, Director of Community Development,
said in 1988, the City Council amended most of the
Occupational License fees; however, nail salons were not
addressed. She said in most cases, there was no fee
change from the old Ordinance; however, ranges were
applied as follows:
1 to 3 operators - $ 90.00
4 to 6 operators - $150.00
7 or more -- $200.00
Mrs. Carpenter -Craft said there were 6 existing nail
salons in the City and the fee would be effective in
1990/91.
Mayor Abramowitz asked if the fees were comparable to the
surrounding Cities and Mrs. Carpenter -Craft replied, yes.
VOTE: ALL VOTED AYE
26. MOTION TO ADOPT Temp.- Ord. #1459 on first reading to
vacate a 50-toot ingress egress easement along NW 73 Manor
within WOODMONT TRACT 74.
SYNOPSIS OF ACTION:
APPROVED on first reading subject to all
releases from utility companies being
submitted prior to 11/8/89.
I
Page 14
10/25/89-pw
City Attorney Doody read Temp. Ord. #1459 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1459 on first reading,
* SECONDED by C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said Plat Book 108, Page 39, indicated a 50--foot
ingress/egress easement labelled as "NW 73 Manor". She
said the applicant was proposing to vacate NW 73 Manor
within Woodmont Tract 74 and there would be a site plan
reviewed on November 8, 1989, which proposed alternative
access. She said staff recommended approval of this
request; however, the applicant has not submitted written
statements from the Utilities indicating that they dial
not object. She said there were verbal statements and
the documents would be available at the next meeting.
Mayor Abramowitz asked if approval could be given
contingent to the submission of the appropriate documents
and Mrs. Carpenter -Craft said if the documents were not
received before the second reading, the Item would not be
brought to the City Council for final action.
VOTE:
General Administrative
ALL VOTED AYE
27. MOTION TO ADOPT Temp. Ord. #1457 on first reading adopting
and enacting a new Code or the City of Tamarac (tabled on
10/10/ 89) .
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temp. Ord. #1457 by title.
City Attorney Doody said the City contracted several
years ago with the Municipal Code Corporation of
Tallahassee. He said the Codes should be bound every
year and the City's new Codes arrived. He said this
Ordinance was reenacting the entire Code again. He said
there were housekeeping changes, such as "City Planner,"
was changed to "Director of Community Development", the
new addition of Roberts Rules of Order was cited in the
Code, Investment Advisory Board was changed to
"Investment Advisory Committee" as per the City Charter,
Public Information Board was changed to "Public
Information Committee" as per the City Charter and there
was a reference to the Code Enforcement Board that they
could only serve one successive term; however, the State
Statutes were amended and the Code Enforcement Board
members could not succeed themselves. He said the
Department of Parks and Recreation was changed to "Public
Works Department" and the Director of Parks and
Recreation was changed to "Director of Public Works". He
said the Master Land Use Plan was changed to
"Comprehensive Land Use Plan".
Mayor Abramowitz asked if the new Code was available and
City Attorney Doody said the Codes were available;
however, they were not distributed because the changes
were not enacted.
Page 15
10/25/89-pw
Mayor Abramowitz asked if the City Council would have the
opportunity to review the Code before the second reading.
City Attorney Doody said the Codes were available in the
City Clerk's Office. He said nothing comprehensive was
changed in the Code and Mayor Abramowitz said he would
like to review the Code before the second reading.
* V/M Bender MOVED to APPROVE Temp. Ord. #1457 on first reading,
* SECONDED by C/M Hoffman.
VOTE:
RESOLUTIONS
Community DeveloEgent
ALL VOTED AYE
11. a. MOTION TO ADOPT Temp. Reso. #5583 approving a plat for
MELAUR MEDICAL PLAZA.
b. MOTION TO ADOPT Temp. Reso. #5584 approving Development
Order #25$ anT—associated documents for MELAUR MEDICAL
PLAZA.
(to be located on the west side of University Drive, south of
NW 71 Court)
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-267 - PASSED
APPROVED a. and b. RESOLUTION NO. R-89-268 -
PASSED
a. City Attorney Doody read Temp. Reso. #5583 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5583, SECONDED by
* V/M Bender.
Kelly Carpenter -Craft, Director of Community Development,
said this was the final plat for Melaur Medical Plaza and
the Tamarac Land Use Plan designated the lands as
commercial. She said the parcel was currently zoned B-6
(Business District) and a portion was proposed for
rezoning to B-5 (Limited Business District). She said
the applicant complied with all of staff's comments and
the County DRC comments were submitted and not adverse.
She said the Land Use and Zoning on the surrounding
properties are:
North
B-6
Community Facilities
South
B-1
Commercial
East
B-2
Commercial
West
B-6
Commercial
Mrs. Carpenter -Craft
said the
Planning Commission
recommended approval
at their
September 20, 1989 meeting
and she recommended
approval.
She said the plat included
the parcel on which
the Kinder
Care facility was
proposed.
VOTE:
ALL VOTED AYE
b. City Attorney Doody
read Temp.
Reso. #5584 by title.
* V/M Bender MOVED to
APPROVE Temp. Reso. #5584, SECONDED by
* C/M Hoffman.
Page 16
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L_J
11
Kelly Carpenter -Craft, Director of Community Development,
said all of the fees were paid, recreation fees were not
due and traffic impact fees were due during site plan
review.
VOTE:
ALL VOTED AYE
12. MOTION TO ADOPT Temp. Reso. #5577 authorizing the appro-
priate Cxty- officials to subm t a grant application to the
Florida Department of Community Affairs for an amount of
$33,061.00 to update the City's Land Development Code.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-269 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5577 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5577, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, Director of Community Development,
said the City was applying for a $33,061.00 Grant from
the State Department of Community Affairs in order to
update the City's Land Development Code. She said the
funding was entitlement and it was basically a
non-competitive grant. She said the funds would be used
to compensate Robert K. Swarthout and Seimon, Larson and
Purdy who were contracted to update the Land Development
Code and review the Traffic Impact Fees.
vnTF-
ALL VOTED AYE
13. MOTION TO ADOPT Te-em]2r Reso. #5576 authorizing the appro-
pr a e City�_oTficials to execute an agreement with Broward
County relating to the disbursement of funds in the amount of
$2,850.00 from the Broward County Tree Preservation Trust
Account to be used for landscaping at the Municipal Complex.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-270 - PASSED
City Attorney Doody read Temj2. Reso. #5576 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5576, SECONDED by
* V/M Bender.
Kelly Carpenter -Craft, Director of Community Development,
said the County enforced their Tree Preservation
Ordinance, Chapter 33-1/2, which referred to tree removal
and replacement. She said the County collected a fee and
the City's share of the fee was $2,850.00. She said
staff prepared a proposal to the County to use the
funding for additional landscaping at the City
Hall/Police Facility Complex. She said when the
additional landscaping was implemented the County would
release the funds to the City and they had the right to
inspect the landscaping.
C/M Rohr asked what happened to the free trees from the
County and Mrs. Carpenter -Craft said she was not aware of
this matter.
C/M Rohr said Public Works was investigating this matter
and Mayor Abramowitz said this was done; however, the
trees were not appropriate.
Page 17
10/25/89-pw
VOTE:
Engineering/Utilities
ALL VOTED AYE
14. MOTION TO ADOPT Temp. Reso. #5579 approving an agreement
with Motorola Communications & Electronics, Inc., for the
sole source purchase of nine (9) remote terminal units in
the amount of $40,459.59 in order to provide information from
various pump stations to Utilities.
SYNOPSIS OF ACTION: RESOLUTION NO. R--89-271 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5579 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5579, SECONDED by
* V/M Bender.
Bob Foy, Director of Utilities/Engineering, said this
Item was budgeted and was part of the continuing program
to update the lift stations to a remote reporting basis.
He said this would assist malfunctions in any of the 70
lift stations throughout the City. He said the lift
stations operated every day of the year and, if there was
a malfunction, there would be sewage in the yards or
streets. He said this system would report to the
Utilities Department in advance and he recommended
approval.
Mayor Abramowitz asked how many more stations needed the
equipment and Mr. Foy said after this purchase there
would be 10 lift stations remaining.
VOTE:
ALL VOTED AYE
15. MOTION TO ADOPT Temp. Reso. #5585 approving an agreement
wi h Cues, Inc., for the sole source purchase of 1000-feet of
cable at a cost of $3,845.00 used for television viewing of
sewer mains.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-272 -- PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5585 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5585, SECONDED by
* C/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said this
item was budgeted and was the cord between the television
camera that was inserted into the gravity sewer system.
He said the existing cord was frayed and created
insertion problems. He recommended approval of this
item.
VOTE:
ALL VOTED AYE
16. MOTION TO ADOPT Temp. Reso. #5575 authorizing the appro-
priate City offici s to call -the warranty Letter of Credit
#N4872 in the amount of $10,383.63 posted for public
improvements at the 84TH TERRACE SHOPPES project as the
requirements for release have not been met.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-264 - PASSED
City Attorney Doody read Temp. Reso. #5575 by title.
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* V/M Bender MOVED to APPROVE Temp. Reso. #5575, SECONDED by
* C/M Rohr.
Bob Foy, Director of Utilities/Engineering, said the only
item outstanding was the required television inspection
of the sewer. He said the City contacted the business
several times and tried to get this inspection done or
extend the bond; however, nothing has been done. He said
the bond must be called as per the Code. He said the
Letter of Credit had to be sent to New York by tomorrow
and he recommended approval.
VOTE:
Fire DeRartment
ALL VOTED AYE
17. MOTION TO ADOPT Temp. Reso. #5582 approving an agreement
w fi— Eq iu pment Corporation for the sole source purchase
of one (1) double -wide trailer which presently houses the
Fire Prevention Bureau at a cost of $16,865.00.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89--273 - PASSED
City Attorney Doody read Temp. Reso. #5582 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5582, SECONDED by
* C/M Hoffman.
City Manager Kelly said during the budget process it was
determined that it would be more feasible to purchase the
trailer as opposed to leasing it. He said the double
wide trailer was used by the Building Department at the
old City Hall and was transferred in 1988 to the Fire
Department. He said the trailer was being used by the
Fire Prevention Bureau. He recommended approval of this
Item.
VOTE:
General Administrative
ALL VOTED AYE
18. MOTION TO ADOPT Temp. Reso. #5578 authorizing the appro-
pr ate City officials to subii a grant application in the
amount of $120,000.00 to the Florida Department of Natural
Resources for the development of Tamarac Sports Complex.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-274 - PASSED
APPROVED subject to the City Manager's
approval regarding in -kind services in
lieu of money before the grant application
is sent to the State.
City Attorney Doody read Temp. Reso. #5578 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5578, SECONDED by
* V/M Bender.
City Manager Kelly said the City was seeking funding to
do the Tamarac Sports Complex project. He said
$120,000.00 was available from the Florida Department of
Natural Resources and the concession and restroom
facilities at the Tamarac Sports Complex were needed.
City Manager Kelly said he wanted to make sure that the
City was able to meet their local commitment to provide
for their share. He said Dina McDermott, Assistant to
the City Manager, has been investigating the matter to
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TAPE 3
see if the value of the land which the Complex would be
could be accepted in lieu of money. He said if the land
could be used it would have to be appraised.
City Manager Kelly said he would not send the application
to the State until he was satisfied that the City could
expend their fair share.
Mayor Abramowitz commended Mrs. McDermott for doing such
a good job.
City Attorney Doody said the City Manager was not
satisfied that the City could meet their fair share of
the grant; however, the City had a deadline for
submitting the application. He said if the City Council
wanted to approve this Item, the Motion should be
approval subject to the City Manager's satisfaction that
in -kind services could be provided.
* C/M Hoffman AMENDED his Motion to Approve contingent upon
* the City Manager's satisfaction that in --kind services could
* be provided in lieu of cash, V/M Bender AMENDED his Second.
VOTE: ALL VOTED AYE
19. MOTION TO ADOPT Temp. Reso. #5586 authorizing the appro-
priate Cityy officials to execute an agreement with Spanish
River Enterprises, Inc., for the placement of an antenna on
the Holiday inn West Building for the City's communications
system.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-275 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5586 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5586, SECONDED by
* C/M Rohr.
City Manager Kelly said this was the third and final
antenna agreement to provide for the City's communication
system. He said the Holiday Inn agreed to the
installation of the antenna on top of their building and
the agreement provided for a termination date, written
notice regarding access to the facility and a monthly fee
of $60.00 per month for use of the facility. He
recommended approval.
VOTE: ALL VOTED AYE
20. MOTION TO ADOPT Temp. Reso. #5574 awarding Bid #89-53 to
B&B Printing Service fo s x 4-page issues and to Lawrence
Business Forms for four 8-page issues of the TAM -A -GRAM.
SYNOPSIS OF ACTION:
TABLED for more information.
City Attorney Doody read Temp. Reso. #5574 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5574, SECONDED by
* V/M Bender.
City Manager Kelly said the printing of the Tam -A --Gram
went to bid and there were several responses. He said
the Purchasing Department recommended that the printing
be divided between the most cost effective vendors. He
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said B&B Printing Service would be printing six 4-Page
issues and Lawrence Business Forms would be printing four
8-Page issues.
Mayor Abramowitz said the Chairman of the Public
Information Committee indicated that the existing printer
provided a good service by printing a specific number of
issues as opposed to a mandated amount of issues. He
said the Chairman indicated that it was a very important
portion of the distribution, which was done very
efficiently.
City Manager Kelly said he has not received an answer on
this matter and Mayor Abramowitz said he wanted to
approve the Item because it was very cost effective to
the City; however, he did not want to interrupt the
distribution of the Tam -A -Gram.
Mayor Abramowitz said he would like this matter
investigated before approval was given and City Manager
Kelly said it was a very important matter; therefore, he
recommended that the matter be detained until further
information was received.
* C/M Hoffman MOVED to TABLE Temp. Reso. #5574, SECONDED by
* V/M Bender.
VOTE:
ALL VOTED AYE
22. MOTION TO ADOPT Temp. Reso. #5580 declaring certain
equipment as surplus and aut oozed to be sold at a City
auction to be held on Saturday, November 18, 1989, by ,lay
Sugarman Auctioneers.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-276 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5580 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5580, SECONDED by
* C/M Rohr.
City Manager Kelly said there was a lot of surplus
equipment, such as radios, vehicles, shelving, etc. He
said the various Departments reviewed their equipment and
found that these items were surplus. He said in order to
place the items for sale, approval by the City Council
was needed.
Mayor Abramowitz asked that a complete list of what was
sold be submitted to the City Council after the auction.
VOTE: Mayor Abramowitz - Aye
V/M Bender - Aye
C/M Hoffman - Absent
C/M Rohr - Aye
AGENDIZED BY CONSENT
32. MOTION TO ADOPT Temp Reso. #5578 authorizing the
appropriate City officTalln to execute an Amendment to the
Agreement with the State of Florida Department of Natural
Resources for the Tamarac Multi -Purpose Center relating to
acceptance of a $250,000.00 grant.
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SYNOPSIS OF ACTION: RESOLUTION NO. R-89--278 - PASSED
AGENDIZED by Consent on Page 4.
APPROVED.
City Attorney Doody read Temp. Reso. #5578 by title.
City Attorney Doody said the title of the Resolution
would be amended to state "amendment to the agreement".
Mayor Abramowitz said this Item pertained to the grant
allocated this year in the amount of $250,000.00 for the
Multi -Purpose Center and the grant in the amount of
$250,000.00 last year for the project. He said this was
the document needed for the State in order for the City
to receive the funding.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5578 as amended,
* SECONDED by V/M Bender.
VOTE:
ALL VOTED AYE
33. MOTION TO APPROVE the payment for services due to the
R�sc�Manager Consultant.
SYNOPSIS OF ACTION:
AGENDIZEDZy Consent on Page 4.
APPROVED payment for services to date
with a contract to be submitted to the
City Council.
City Manager Kelly said the budget provided $35,000.00
for the Risk Manager position and Susan Tillman,
Consulting Risk Manager, has been working with the City
during the budget process to finalize some of the
insurance costs. He said Ms. Tillman recently passed her
Bar Exam and was working for a law firm and the City
would like to continue using Ms. Tillman as a Consulting
Risk Manager at the rate of $35.00 per hour not to exceed
$35,000.00, which was budgeted.
City Manager Kelly said the request was to authorize the
payment due to Ms. Tillman for services previously
rendered. He said Ms. Tillman would not be a regular
employee but a consultant.
City Attorney Doody said an agreement would be brought
back to the City Council for approval because a Letter of
Intent was not appropriate.
Mayor Abramowitz said he was very pleased with the
professionalism and knowledge of Ms. Tillman. He said
the City Council was very pleased about the recent
recommendations and review on the City's insurance
policies.
* V/M Bender MOVED to APPROVE the one time payment for the
* previous services rendered by the Consulting Risk Manager,
* SECONDED by C/M Rohr.
VOTE:
OPEN PUBLIC FORUM
28. OPEN PUBLIC FORUM
ALL VOTED AYE
Melanie Reynolds, Resident, said when Kelly
Carpenter -Craft, Director of Community Development,
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discussed the Comprehensive Plan, she indicated that the
City had approximately 50 acres of recreational property.
She said she submitted information regarding City -owned
land to inform the City Council that there was actually
100 acres of recreational property owned by the City.
She said in 1976, the City was given 109 acres of
recreational property and since then, the Wildlife
Reserve and Capperella Park were added.
Mrs. Reynolds asked if the City Manager investigated the
deferred compensation under Chapter 112 and City Manager
Kelly replied, no.
Mrs. Reynolds asked why the City Manager and City
Attorney were under the ICMA Plan as opposed the State
Statute for deferred compensation.
City Manager Kelly said the Charter did not allow the
City Attorney or City Manager to participate in the
City's Pension or Retirement programs.
Mrs. Reynolds said under Chapter 112, deferred
compensation was referred to and City Attorney Doody
asked what Chapter 112 stated.
City Attorney Doody asked Mrs. Reynolds if she had a
specific question regarding Chapter 112 and Mrs. Reynolds
said she was questioning why the City Manager and City
Attorney were under the ICMA compensation.
City Attorney Doody asked why this was inconsistent with
Chapter 112 and Mrs. Reynolds suggested that City
Attorney Doody read the Statute. City Attorney Doody
said he could answer Mrs. Reynolds's questions if she
presented them to him.
City Attorney Doody suggested Mrs. Reynolds submit her
questions in writing to the City Attorney's Office so
that the questions could be understood and answered
appropriately.
Mrs. Reynolds said she would need the ICMA information in
order to ask the appropriate questions.
Mrs. Reynolds had concerns with the employees not being
provided with an increase except for the Code Enforcement
Officers.
City Manager Kelly said there were previously 4 Code
Enforcement Officers; however, one retired. He said the
City had 3 Code Enforcement Officers that were assigned
to overtime duties. She said there were employees in the
Building Department who received raises as well.
Mrs. Reynolds
revenues away
said it did not seem proper to
from the Building Department.
take
She said the
Department of
Development Services was created in ah in-
appropriate way
because the City Council did
not approve
this change.
She said $100,000.00 of the revenues were
taken from the
Building Department to create
the
Department of
Development Services.
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10/2 5/89-pw
Mrs. Reynolds had conerns regarding the Sign Ordinance.
She said it seemed that the Sign Ordinance was not
proofed because there were several typing errors. She
said the people revising the Ordinance did not visit the
areas of the City to see what was needed. She said the
editing was not done properly because there was a lot of
duplication and conflicts in the Ordinance.
-----------------------------------------------------------------
Harry Jast, Resident, had concerns with what the City
would be doing regarding the water shortage.
Mayor Abramowitz said this matter was addressed by the
City Manager earlier in the meeting and mandatory
restrictions would be implemented in the near future.
Mr. Jast had concerns with Land Section 7 being used for
commercial development. He suggested that the City
consider using the property for a park or recreation
area.
C/M Hoffman said Mr. Jast's concerns were valid; however,
the City did not have the funds to buy the lands to
create a park and the tax base funds were needed from a
developed area. He said he would be happy to discuss
this matter further with Mr. Jast after the meeting.
Paul Popkin, Resident, said recently a sign was erected
at Westwood 22 to replace the previous sign that was
knocked down by a car during an automobile accident. He
said he was informed by the Code Enforcement Department
that there were requirements for the sign.
Mr. Popkin said when he came to the City to comply with
the requirements, he found that there were so many
problems it was almost impossible to get a sign.
Mr. Popkin said his community wanted to have a well
installed and he could not find a company that would do
the work in the City because there were too many
problems. He said the fees in the City were high and he
asked the City Council to consider these problems to
prevent hardships on the residents and businessmen.
City Manager Kelly said he would discuss this matter with
Mr. Popkin after the meeting.
REPORTS
29. CITY" COUNCIL REPORTS
C/M Rohr reported on his recent attendance at the 63RD
Annual Conference of the Florida League of Cities. He
said over 1,600 delegates attended the meeting and there
were 3 days of meetings and seminars on subjects, such as
daily operations and actions in the Cities.
C/M Rohr said as the appointed voting delegate, it was
incumbent upon him to attend the business session of the
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Conference. He said the Second Vice President for 1990
was selected by closed ballot and Sadie Martin was
elected.
C/M Rohr said
the Florida League of Cities was the
largest and strongest
in the Nation and was involved in
all areas of
the government. He said in order to
accomplish a
thorough report he would divide his report
into two sessions.
He said the next report would be
given at the
November 8, 1989 City Council meeting.
C/M Rohr said
during the meetings, Governor Martinez, Tom
Gustufson and
Senator Stewart spoke. He said Senator
Stewart spoke
on his proposal to obtain the passage of a
$.10 per gallon
gas tax. He said there were numerous
meetings each
day and the meetings had to be selected
carefully because
it was impossible to attend every
meeting.
C/M Rohr said there was a Workshop on the Comprehensive
Plan compliance and the level of service on State roads.
He said 54% of municipal and 73% of County local
Comprehensive Plans were rejected by the Florida
Department of Community Affairs as of August 30, 1989.
He said the major problems with the plans concerned the
proliferation of urban sprawl through ineffective or
non-existent strategies to promote urban unfilled
development and redevelopment.
C/M Rohr said there was an unacceptable level of service
standards on State roads. He said the discussion
included appropriate strategies to curtail urban sprawl
and establish a level of service standard on State Roads
to promote growth in urban areas.
C/M Rohr said there was a Workshop on Campaign Strategies
necessary to secure voter approval for the Constitutional
Amendment III, passed by the 1989 Legislators and would
appear on the November, 1990 ballot. He said the
Amendment limited State mandates without funding the City
and County Governments.
C/M Rohr said his next report would pertain to the
Cities' renovations and his overall thoughts regarding
the Convention.
C/M Hoffman said despite the fact that the newspapers
reported that he found Jacksonville, Florida, as
porno -City, they did not report that he found the
convention very light on several items. He said C/M Rohr
was doing a great job reporting on the convention;
therefore, he would defer his report on the convention at
this time.
C/M Hoffman said he was very pleased that on Friday,
October 20, 1989, the City received competitive bids from
many qualified contractors for the Multi -Purpose Center
and the bids were within the City's budget. He said he
was informed that the City Council would be asked to
approve a general contractor for the project.
C/M Hoffman said the ground breaking ceremony may take
place during December, 1989, and the exact date would be
publicized as soon as it was known. He said the project
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was expected to be completed by September, 1990, and they
would like to have the "Irving Popeye Vitrofsky
Gymnasium" completed before the beginning of the next
school term.
C/M Hoffman said the Multi -Purpose Complex would have a
full-sized gymnasium and he was pleased that it was being
dedicated to Irving Vitrofsky. He said there would be a
Senior Center for games, arts, crafts and meeting rooms,
with an atrium between the gymnasium and the Senior
Center. He said the City received grants for the project
and the balance of the grant monies would be submitted
very shortly.
C/M Hoffman said he was pleased that Phase I of the
Tamarac Sports Complex was completed. He said additional
funding were needed for the concession stand and tennis
courts, which were needed in the City. He said the City
was investigating additional grants from the State for
the completion of the Tamarac Sports Complex.
C/M Hoffman said Impact Fees would be received from
developers for recreational purposes and it was expected
that a portion of the fees would be earmarked for the
completion of the Tamarac Sports Complex.
C/M Hoffman said he was very pleased that the projects
planned for several years would be completed soon. He
said he hoped that the City would continue to supply
adequate recreation facilities to the residents in the
future.
V/M Bender - No Report.
Mayor Abramowitz reported that the 1990 Census would be
eldd very soon and it was very important for the
financial aspect of the City. He said the census would
be done by mail and he appointed a Census Task Force
comprised mostly of major condominium facilities in the
City. He said the Census Task Force consisted of 7
people who were recommended by the Presidents of the
condominiums. He said Dina McDermott, Assistant to the
City Manager, was appointed to assist the Census Task
Force.
Mayor Abramowitz said all of the funding received by the
Federal, State and County Governments was determined by
the population figures. He said the existing map did not
include the residents east of State Road 7 and the map
was used during the last Census. He said this cost the
City a lot of money because the population was larger
than what the State and County has registered.
Mayor Abramowitz said the Federal Government called a
Seminar last week at the University of Miami and Mrs.
McDermott went to the Seminar to find that it was
cancelled. He said the City was not informed about the
cancellation and he was very upset with this. He said
the next Seminar would be held in the City and it was
very important that every resident participated in the
Census because the funding from the Government was very
important to the City. He said without the appropriate
population being implemented, the City would lose money.
30. CITY MANAGER REPORT - No Report.
31. CITY ATTORNEY REPORT - No Report.
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With no further business, Mayor Abramowitz ADJOURNED this
meeting at 11:20 A.M..
NORMAN ABRAMOWITZ, MAYOR
CAROL A. E ANS, CITY CLERK
"This public document was promulgated at a cost of $148.32 or $18.54 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 `1`AMARAC
APPROVED AT MEETING OF. //
City perk
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