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HomeMy WebLinkAbout1989-11-08 - City Commission Regular Meeting MinutesTA 7525 N W. SSth AVENUE TAMARAC, FLORIDA 33321.2401 RECORD OF COUNCIL ACTIONS/DISCUSSION 1 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, NOVEMBER 8, 1989 CALL TO ORDER: 7:00 P.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time w ll 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 Mayor Abramowitz of a proclamation designating November 19-24, 1989, as "POPPY FUND DRIVE WEEK, Edward Goldberg Post 519". 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. 10/11/89 -- Special Meeting 2. 10/23/89 - Special Meeting FINAL ACTION: APPROVED 2.a.1. and 2.a.2. b. MOTION TO APPROVE renewal of a model sales permit for THE COURTS AT WOODLAND (WOODLAND COVE) in Unit 1 of Building 1 at 5811 Woodlands Boulevard for a six-month period from 12/28/89 to 6/28/90. FINAL ACTION: APPROVED. C. MOTION TO APPROVE renewal of a model sales permit for MISSION LAKES CORAL CREEK in Units 107 and 108 at 6900 Southgate Boulevard for a six-month period from 11/24/89 to 5/24/90. FINAL ACTION: REMOVED due to fees in arrears. Page 1 11/08/89 d. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 72-A for a six-month period from 12/11/89 to 6/11/90. FINAL ACTION: APPROVED. e. MOTION TO ADOPT Temp. Reso. #5591 approving a Development Review Agreement offered by Tamarac Partners, Ltd., for the MELAUR MEDICAL PLAZA plat which was approved by the City Council on 10/25/89 (located on the west side of University Drive, south of NW 71 Court) . FINAL ACTION: RESOLUTION NO. R-89-280 PASSED. APPROVED. Engineering/utilities f. MOTION TO ADOPT Temp. Reso.#5588 releasing a cash warranty bond in the amount of $908.50 posted for public improvements by CALIFORNIA FEDERAL SAVINGS AND LOAN. FINAL ACTION: RESOLUTION NO. R-89-281 PASSED. APPROVED. g. MOTION TO APPROVE final payment in the amount of 5,003.04 to Mechanical Technology for the purchase of eight (8) pumps and motors for TUW Project 88-46B. FINAL ACTION: APPROVED. CONSIDERATIONS Cit Attorne 3. MOTION TO APPROVE the settlement documents concerning Comark vs. City of Tamarac. FINAL ACTION: APPROVED. Engineering/Utilities 4. a. MOTION TO ACCEPT the Final Release of Lien as prepared by The Conduit and Foundation Corporation for TUW Project 86-15, West Sewage Pump Station Modifications. b. MOTION TO APPROVE final payment in the amount of 23,276.50 to The Conduit and Foundation Corporation for TUW Project 86-15, West Sewage Pump Station Modifications. FINAL ACTION: APPROVED 4.a. and 4.b. Public Works Department 5. MOTION TO APPROVE rejection of all bids received under Bid 89-48, One 1 Comfort Station for Veterans Park, and AUTHORIZATION to redesign and rebid this project. FINAL ACTION: APPROVED. 1 Page 2 11/08/89 RESOLUTIONS Building Department 6. MOTION TO ADOPT_Temp. Reso. #5589 revising the schedule of building permit fees by decreasing the certification maintenance fee from .02 per $100.00 of estimated cost to .01 per $100.00 of estimated cost. FINAL ACTION: APPROVED. Community Development RESOLUTION NO. R-89-282 PASSED. 7. MOTION TO ADOPT Temp. Reso. #5599 approving a site plan and associated documents for KINDERCARE LEARNING CENTERS. (to be located on the west side of University Drive south of NW 71 Court) FINAL ACTION: TABLED at the request of the applicant. 8. MOTION TO ADOPT Temp. Reso.`#5595 approving a site plan and associated documents for WOODALE. (to be located south of NW 78 Street and east of NW 80 Avenue) FINAL ACTION: TABLED at the request of the applicant. Finance Department 9. MOTION TO ADOPT Temp. Reso. #5600 authorizing the appropriate City officials to execute an agreement with the City of Coconut Creek providing mutual computer back-up aid. FINAL ACTION: APPROVED. General Administrative RESOLUTION NO. R-89-283 PASSED. 10. 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 (tabled on 10/25/89). FINAL ACTION: APPROVED. RESOLUTION NO. R-89-284 PASSED. 11. MOTION TO ADOPT Temp. Reso. #5594 awarding Bid #89-52 in the amount of 1,341,051.00 to Toro Engineering & Construction Corp. for the general contract for the construction of the Multi -Purpose Center and APPROVING the appropriate budget transfer in the amount of 77,000.00 to provide additional funding for this project. FINAL ACTION: RESOLUTION NO. R-89-285 PASSED. APPROVED. Page 3 11/08/89 12. a. MOTION TO ADOPT TemE. Reso. #5602 approving amended Articles 3, 7 and 15 and adding Articles 48 and 49 to the Agreement with the International Association of Firefighters (IAFF), Local 3080. b. MOTION TO ADOPT Temp. Reso. #5601 granting a 4.7% salary increase to the City Manager, City Attorney and all permanent and permanent part time employees and increasing the benefit options program for all individuals outside the collective bargaining units from $1,000 to $1,300. C. MOTION TO ADOPT Temp. Reso. #5603 approving Article 11 entitle "Wages" and Article 13 entitled "Health Insurance" to the Agreement with the Federation of Public Employees (FPE). FINAL ACTION: APPROVED 12.a. RESOLUTION NO. R-89-286 PASSED. APPROVED 12.b. RESOLUTION NO. R--89-287 PASSED. RESOLUTION NO. R-89-288 PASSED. APPROVED 12.c. subject to approval and ratification by the Federation of Public Employees (FPE) no later than 5:00 p.m., November 30, 1989. If ratification by the Federation of Public Employees is not received by 5:00 p.m., November 30, 1989, Paragraphs 11.6 and 11.7 of Article 11 (Wages) are null and void. PUBLIC HEARING - 7:30 P.M. Community Development 13. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5.596 concerning a request by TAMARAC PARTNERS, LTD., for special exception to allow a child care center 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. Petition #30-Z-89 FINAL ACTION: RESOLUTION NO. R-89-289 PASSED. Public Hearing was held. APPROVED. ORDINANCES PUBLIC HEARINGS - 7:30 P.M. Community Development 14. PUBLIC HEARING - MOTION TO_ADOPT Tem . Ord. #1460 on second reading to amend Ordinance 0-88-33 by establishing occupational license tax classifications and fees for nail technicians. FINAL ACTION: ORDINANCE NO. 0-89-36 PASSED. Public Hearing was held. APPROVED on second reading. 15. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1459 on second reading to vacate a 50-foot ingress egress easement along NW 73 Manor within WOODMONT TRACT 74 for the WOODALE project. FINAL ACTION: TABLED to the November 22, 1989 City Council Meeting at 10:00 a.m. 1 Page 11/08/89 16. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1446 on first reading to amend Chapter 18 of the City Code pertaining to off-street parking. FINAL ACTION: P lic Hearing was held. APPROVED on first reading. The second reading and public hearing will be held on Wednesday, November 22, 1989, at 5:05 p.m., Tamarac City Hall. 17. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. #1461 on first reading to amend Chapter 21 of the City Code pertaining to signs. FINAL ACTION: Public Hearing was held. APPROVED on first reading. The second reading and public hearing will take place on Wednesday, November 22, 1989, at 5:05 p.m., Tamarac City Hall. 18. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Tem Ord. #1464. Petition #31-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. #1464 on first reading concerning a request by TRACT 24 ASSOCIATES to rezone lands at the southeast corner of Nob Hill Road and NW 81 Street from R-3U (Rowhouse) to R-4A (Planned Apartments. Petition #31-Z-89 FINAL ACTION: 18.a. ACCEPTED Affidavits. 18.b. APPROVED on first reading. Second reading and public hearing will be held at 10:00 a.m. on Wednesday, November 22, 1989. Voluntary deed restriction will be accepted at the second public hearing which would: 1. Prohibit the construction of any unit thereon with less than a minimum net floor area of 600 square feet. 2. Limit the height of any building (structure) constructed along the subject parcel's property lines adjacent to N.W. 61st Street and N.W. 96th Avenue to two stories (30'). 3. Limit ingress and egress to and from the site to Nob Hill Road and N.W. 81st Street (unless emergency access is otherwise required by the City's Public Safety Department, i.e. police and fire, at other locations, in which case said access would be limited solely to emergency vehicles). 19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1462. Petition #32-Z 89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1462 on first reading concerning a request by REYNOLDS METALS DEVELOPMENT CORP. to rezone lands at the southeast corner of NW 77 Street and Westwood Drive, such lands to be the recreation area for the proposed WESTWOOD PINES development, from R-4A (Planned Apartments) to S-1 (Open Space/Recreation). Petition #32-Z-89 FINAL ACTION: 19.a. ACCEPTED Affidavits. 19.b. APPROVED on first reading. Second reading and public hearing will be held at 10:00 a.m. on Wednesday, November 22, 1989. Page 5 11/08/89 General Administrative 20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1457 on second reading adopting and enacting a new Code for the City of Tamarac. FINAL ACTION: TABLED to the November 22, 1989 City Council Meeting at 10:00 a.m. 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 City Council 25. MOTION TO ADOPT Temp. Ord. #1465 on first reading to amend Article X, Section 14-75 of the City Code to provide that bingo shall not be permitted at any specific site, location or address more than four (4) times a week. FINAL ACTION: Public Hearing was held. APPROVED on first reading. Second reading and public will be held on Wednesday, November 22, 1989 at 10:00 a.m. AGENDIZED BY CONSENT 26. MOTION TO AUTHORIZE an agreement with the firm of Burke, Bosselman and Weaver for the professional services of Lisa N. Mulhall with a cap of $2,000 to monitor the Florida Power and Light proceedings concerning the transmission lines. FINAL ACTION: APPROVED. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk Page 6 11/08/89 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 8, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, November 8, 1989 at 7:30 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for The Pledge of Allegiance of owed by a Moment of Silent Meditation. PPrgrN7m. ABSENT AND EXCUSED: ALSO PRESENT_ Mayor Norman Abramowitz Councilman Bruce Hoffman Councilman Henry Rohr Vice Mayor Dr. H. Larry Bender Councilman Jack Stelzer John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary CONSENT AGENDA City Clerk 2. C. MOTION TO APPROVE renewal of a model sales permit for MISSION LAKES/CORAL CREEK in Units 107 and 108 at 6900 Southgate Boulevard for a six-month period from 11/24/89 to 5/24/90. SYNOPSIS OF ACTION: REMOVEI] from the Agenda because fees were in arrears. * C/M Hoffman MOVED to REMOVE Consent Agenda Item 2 c., from * the Agenda because there were fees in arrears, SECONDED by * C/M Rohr. VOTE: RESOLUTIONS Community Development ALL VOTED AYE 7. MOTION TO ADOPT Temp. Reso. #5599 approving a site plan and associated documents tor KINDERCARE LEARNING CENTERS. (to be located on the west side of University Drive south of NW 71 Court) SYNOPSIS OF ACTION: TABLED. C/M Hoffman MOVED to TABLE Temp. C/M Rohr. Reso. #5599, SECONDED by * VOTE: ALL VOTED AYE Page 1 11/ 8/ 89-pw 8. MOTION TO ADOPT Temp. Reso. #5595 approving a site plan and associated documents for 90-0LALE. (to be located South of NW 78 Street and east of NW 80 Avenue) SYNOPSIS OF ACTION: TABLED. * C/M Hoffman MOVED to TABLE Temp. Reso. #5595, SECONDED by * C/M Rohr. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT 12. c. MOTION TO ADOPT Temp. Reso. #5603 approving Article 11 . entitled "Wages" and Article 13 entitled "Health Insurance" to the Agreement with the Federation of Public Employees (FPE) . SYNOPSIS OF ACTION: AGENDIZED by Consent. (SEE PAGE 20 for Final Action) * C/M Hoffman MOVED to AGENDIZE Item 12 c., by Consent, SECONDED * by C/M Rohr. VOTE: ALL VOTED AYE INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating November 19-24, 1989, as "POPPY FUND DRIVE WEEK", Edward Goldberg Post 519". SYNOPSIS OF ACTION: PRESENTATION was given to representatives of the War Veterans of America. Mayor Abramowitz read and presented the proclamation to xefjresentatives of the War Veterans of America. A representative of the War Veterans of America thanked the City for the proclamation and asked that the residents participate in the Poppy Fund Drive. CONSENT AGENDA - ITEM 2 a. through g. City Clerk 2. a. MOTION TO APPROVE the minutes of the following City Counc lmeetzngs 1. 10/11/89 - Special Meeting 2. 10/23/89 -- Special Meeting SYNOPSIS OF ACTION: APPROVED 1. and 2. b. MOTION TO APPROVE renewal of a model sales permit for THE COURTS OF WOODLAND (WOODLAND COVE) in Unit l of Building 1 at 5811 Woodlands Boulevard for a six-month period from 12/28/89 to 6/28/90. SYNOPSIS OF ACTION: APPROVED. Page 2 u 11/8/89-pw c. MOTION TO APPROVE renewal of a model sales permit for MISSION LAKES/CORAL CREEK in Units 107 and 108 at 6900 Southgate Boulevard for a six-month period from 1.1/24/89 to 5/24/90. SYNOPSIS OF ACTION: REMOVED from tFie Agenda on Page 1. d. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 72-A for a six-month period from 12/11/89 to 6/11/90. SYNOPSIS OF ACTION: APPROVED. e. MOTION TO ADOPT Temp. Reso. #5591 approving a Development Review Agreement--o—ffered by Tamarac Partners, Ltd., for the MELAUR MEDICAL PLAZA plat which was approved by the City Council on 10/25/89. (located on the west side of University Drive, south of NW 71 Court) . SYNOPSIS OF ACTION: RESOLUTION NO. R-89-280 - PASSED APPROVED. Engineering/Utilities f. MOTION TO ADOPT Temp. Reso. #5588 releasing a cash warranty bond in the amount o 908.50 posted for public improvements by CALIFORNIA FEDERAL SAVINGS AND LOAN. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-281 - PASSED APPROVED. g. MOTION TO APPROVE final payment in the amount of $5,003.04 to Mechanical Technology for the purchase of eight (8) pumps and motors for TUW Project 88-46B. SYNOPSIS OF ACTION: APPROVED. * C/M Hoffman MOVED to APPROVE Consent Agenda Item 2 a. through * g, with the exception of c., SECONDED by C/M Rohr. VOTE: CONSIDERATIONS City Attorney ALL VOTED AYE 3. MOTION TO APPROVE the settlement documents concerning Comark vs. City of Tamarac. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. City Attorney Doody said at the previous City Council meeting the City Council authorized his office to enter into negotiations and reach an agreement with the trustee for Comark to settle the lawsuit for a total payment of $130,000.00, of which $95,000.00 would be paid this year and $35,000.00 would be paid next year. Page 3 11/8/89-pw City Attorney Doody said the documents before the City Council would place this settlement into effect. He said the documents made clear that neither side would admit culpability or guilt in this matter. He said the settlement would simply place an end to the litigation. City Attorney Doody said the trustee was very interested in trying to preserve their right to reopen the lawsuit if the City did not tender payment for the second year. He said this was a concern and, by negotiations, the only item that would be outstanding would be the payment of the settlement. He said future litigation over this matter was not anticipated. He recommended approval of this settlement and execution of the documents. Mayor Abramowitz said he thoroughly reviewed the documents and he asked if the City, under the agreement, was precluded from seeking redress to the situation in the event that any culpability was found with anyone associated with the City of Tamarac. City Attorney Doody said this agreement did not preclude the City of Tamarac from pursuing that course of action. Mayor Abramowitz said he asked City Attorney Doody to get a second opinion from the Attorneys handling the Case and he asked City Attorney Doody what the response was from the Attorneys. City Attorney Doody said the Attorneys' position was the same as his. Mayor Abramowitz said the agreement did not preclude the City of Tamarac from seeking redress in the event of culpability and City Attorney Doody replied, no. VOTE: ALL VOTED AYE Engineering/Utilities 4. a. MOTION TO ACCEPT the Final Release of Lien as prepared by The Conduit and Foundation Corporation for TUW Project 86-15, west Sewage Pump Station Modifications. b. MOTION TO APPROVE final payment in the amount of $23,276.50 to The Conduit and Foundation Corporation for TUW Project 86-15, West Sewage Pump Stations modifications. SYNOPSIS OF ACTION: APPROVED a. and b. * a. C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said this request was for a Release of Lien from a contractor who installed nine lift stations. He said the lift stations were completed for one year and he recommended approval. VOTE: ALL VOTED AYE * b. C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mr. Foy said this request was for a final payment to the contractor who installed the nine lift stations. He said the lift stations were inspected and approved; however, Page 4 11/8/89-pw the final payment was not paid for over one year because the contractor did not provide the Release of Lien until recently. He recommended approval of the final payment. Mayor Abramowitz asked if there were any other lift stations to be rehabilitated and Mr. Foy said approximately 20 of the 67 lift stations have been rehabilitated and nine others were under contract for rehabilitation in the near future. He said the lift stations were old and needed to be replaced and all of them would be rehabilitated; however, it would take time to complete the project. City Attorney Doody asked Mr. Foy what the substantial completion date was for the project and Mr. Foy said it was approximately one year ago. *Mayor Abramowitz asked if there were problems with the documents and City Attorney Doody said he thought the date of substantial completion was effective recently and Mr. Foy said the lift stations have been in operation for over one year. City Attorney Doody said the bond made reference to Section 13.12 of the contract, which stated that the one year correction period began at the date of substantial completion. Mayor Abramowitz suggested that the Motion include that the documents be approved contingent upon City Attorney Doody's approval. City Attorney Doody suggested that the documents be approved contingent upon an appropriate bond and Mr. Foy said the maintenance bond was not necessary because it was part of the original performance bond. City Attorney Doody said he was concerned because the backup indicated Item 4 as a maintenance bond, which was included in the items for approval. He said if Mr. Foy was indicating that the maintenance bond was not needed, he withdrew his concerns. Mr. Foy said the contract was expired and City Attorney Doody said he withdrew his objections. VOTE: Pubic Works Department ALL VOTED AYE 5. MOTION TO APPROVE rejection of all bids received under Bid #89-48, One (1) Comfort Station for Veterans Park, and AUTHORIZATION to redesign and rebid this project. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mike Couzzo, Director of Public Works, said due to the fact that the bids came in over priced, the request was to reject these bids and rebid the project with significant changes. He said the architect redesigned the project at no cost to the City and he recommended Page 5 11/8/89-pw approval of this project. He said a grant application was submitted for an extension of $20,000.00, which was approved; therefore, there was a grant for $50,000.00 from the Florida Boating Group. VOTE: ALL VOTED AYE RESOLUTIONS Building Department 6. MOTION TO ADOPT TempReso. #5589 revising the schedule of building permitees by decreasing the certification maintenance fee from .02 per $100.00 of estimated cost to .01 per $100.00 of estimated cost. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-282 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5589 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5589, SECONDED by * C/M Hoffman. City Manager Kelly said the fees collected for the certification maintenance were reserved for education and schooling of the building inspectors to maintain their certification with the South Florida Building Code. City Manager Kelly said during the budget process some fees were increased and more money was being generated than needed; therefore, the recommendation was to decrease the fees, which placed more money into the General Fund. VOTE: ALL VOTED AYE Finance Department 9. MOTION TO ADOPT Temp. Reso. #5600 authorizing the appro- priate City Officials to execute an agreement with the City of Coconut Creek providing mutual computer back-up aid. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-283 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5600 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5600, SECONDED by * C/M Rohr. City Manager Kelly said this agreement was to provide the Cities of Tamarac and Coconut Creek with mutual computer back-up. He said the Cities utilized the same mainframe computer system and this was recommended to the City of Coconut Creek by their Auditors last year. He said the Auditors were now contracted with the City of Tamarac as well and staff strongly recommended approval of this Item. VOTE: ALL VOTED AYE General Administrative 10. 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 (tabled on 10/25/89). Page 6 11/8/89-pw SYNOPSIS OF ACTION: RESOLUTION NO. R-89-284 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5574 by title. * C/M Hoffman MOVED to APPROVE Tem2.. Reso. #5574, SECONDED by * C/M Rohr. City Manager Kelly said the Tam -A -Gram consisted of 10 issues per year and there were two advertisements for bids provided. He said there were nine responses and the previous vendor, B&B Printing Service, was providing the entire service to the City for both the 4--page and 8-page issues. He said the City was permitted to provide different companies for the project and it was in the City's best interest to allow B&B Printing Service to provide service for the 4-page issue and Lawrence Business Forms to provide service for the 8-page issue. Mayor Abramowitz asked if the concerns of the Chairman of the Public Information Committee were resolved and City Manager Kelly replied, yes. VOTE. ALL VOTED AYE At 7:25 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 7:32 P.M. with ALL PRESENT. PUBLIC HEARING - 7:30 P.M. Community Development 13. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5596 concerning a request request by TAMARAC PARTNERS, LTD., or special exception to allow a child care center 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. Petition #30-Z-89 SYNOPSIS OF ACTION: Public Hearing was held. APPROVED. RESOLUTION NO. R-89-289 - PASSED City Attorney Doody read Temp. Reso. #5596 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5596, SECONDED by * C/M Rohr. Kelly Carpenter -Craft, Director of Community Development, said this request was for a special exception to allow a child care center. She said the Tamarac Land Use Plan designated the site as commercial and the parcel was rezoned to B-5 (Limited Business District), which allowed day care centers as a special exception. She said the child care center was proposed to be located on lands that were being platted as part of the Melaur Medical Plaza. She said the surrounding Land Uses are: North Community Facility South Commercial West Commercial East Commercial Mrs. Carpenter -Craft said staff and the Planning Commission recommended approval of this request. Page 7 11/8/89-pw Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE ORDINANCES Community Development 14. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1460 on second reading to amend Ordiinance 0-88-33 by establishing occupational license tax classifications and fees for all nail technicians. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-36 - PASSED Public Hear nx g was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1460 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1460 on second reading, * SECONDED by C/M Rohr. Kelly Carpenter -Craft, Director of Community Development, said this request was to change a fee schedule for full service nail salons separate from beauty salons in the City and staff would like the nail salons licensed separately. Mayor Abramowitz Opened the Public Hearing. Anthony Grimaldi, Resident, asked if Tamarac was the only City classifying nail salons separately. He asked if Tamarac was chasing businesses out of the City by making these separate classifications. Mrs. Carpenter -Craft said this change benefited the very large nail salons and the smaller nail salons would be paying more than they were paying under beauty salons. She said there were six nail salons operating in Tamarac and there was no opposition by the salons to this change. Mr. Grimaldi said he was very concerned with this matter and he did not know if Mrs. Carpenter -Craft answered his question. Mayor Abramowitz said there were nail salons in every City and they must be licensed as either nail salons or beauty salons. Mr. Grimaldi said if the City began charging large fees for this type of business in the City, this industry may not be able to operate in the City. He said there were several nail salons operating in the City of Sunrise which were not being charged a fee separate and apart from beauty salons. He said he was not pleased when the City collected fees that were not needed. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1459 on second reading to vacate a 50-f—oot ingress egress easement along NW 73 Manor within WOODMONT TRACT 74 for the WOODALE project. Page 8 11/8/89-pw SYNOPSIS OF ACTION: TABLED until the November 22, 1989 City Council meeting at 10:00 A.M. City Attorney Doody said staff was recommending that this Item be Tabled to a time certain since it was part of the Woodale project. Kelly Carpenter -Craft, Director of Community Development, said the applicant did not suggest a time that they may be willing to have the site plan reconsidered; however, she suggested that this Item be Tabled until the November 22, 1989 City Council meeting at 10:00 A.M. She said if this time was not appropriate, the applicant could change this in the future. * C/M Hoffman MOVED to TABLE Temp. Ord. #1459 until the * November 22, 1989 City Council meet ng at 10:00 A.M., * SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 16. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1446 on i�rst reading to amend Chapter 1$ of the City Code pertaining to off-street parking. SYNOPSIS OF ACTION: Public Hear ni g was held. APPROVED on first reading. Second reading will be heard on Wednesday, November 22, 1989 at 5:05 P.M. City Attorney Doody read Temp. Ord. #1446 by title. * C/M Rohr MOVED to APPROVE Temp. Ord. #1446 on first reading, * SECONDED by C/M Hoffman. Kelly Carpenter -Craft, Director of Community Development, said this Item was previously tabled because of concerns regarding the width and stripping line stipulations in the Ordinance. She said the provisions were deleted from the Ordinance and the existing Ordinance indicated that appropriate stripping shall be provided and this language would remain in the Ordinance. Mrs. Carpenter -Craft said there were concerns from the residents regarding the need to decrease the size of their existing parking spaces and the following language was added: "This requirement was intended to be the minimum parking space size requirement and is not intended to require existing parking spaces to be decreased in size to meet this requirement. In the alternative, larger parking spaces than required are always acceptable when measured against the minimum size requirement." Mrs. Carpenter -Craft said this meant that parking spaces would not have to be decreased if they exceeded the amended Ordinance requirement. C/M Hoffman asked if the Ordinance would affect commercial parking and Mrs. Carpenter -Craft said this Page 9 11/8/89-pw amendment would decrease the parking spaces from 20 to 18 feet in length; however, the width would remain at 10 feet. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE City Attorney Doody announced that the second reading for Temp. Ord. #1446 would be heard on Wednesday, November 22, 1989, at 5:05 P.M. in the Council Chambers. 17. PUBLIC HEARING _ MOTION TO ADOPT Temp. Ord. #1461 on Tirrst�'reading to amend Chapter 21 of tthe City Code pertaining to signs. SYNOPSIS OF ACTION: F is Hear ni g was held. APPROVED on first reading. Second reading will be heard on Wednesday, November 22, 1989 at 5:05 P.M. City Attorney Doody read Temp Ord. #1461 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1461 on first reading * SECONDED by C/M Rohr. Kelly Carpenter -Craft, Director of Community Development, said there were three changes, one was the height being measured at the edge of the pavement as opposed to the crown of the road. She said another change allowed the location of signs within the public right-of-way and, in cases where a government was holding a road right-of-way which was not being used by a street, an applicant may request to locate a ground sign in the right-of-way providing the applicant met the following criteria: 1. Provide a letter from the government owning the right-of-way indicating that they did not object to the proposed location. 2. Provide a Hold Harmless agreement with the City of Tamarac and the government holding the right - of --way. 3. Provide a non -lapsing bond to the City in the amount of 150% of the cost for removal of the sign. 4. Provide an agreement with the City that when the owner of the right-of-way stated intention to use the right-of-way, the applicant would remove the sign within 10 days of notice from the owner. Mrs. Carpenter -Craft said this intended to address situations along State Road 7 and University Drive where there were 4-feet of excess right-of-way on each side of the road. Mayor Abramowitz said he was very pleased with this amendment because it solved several concerns of the businesses. Mayor Abramowitz Opened and Closed the Public Hearing with no response. Page 10 11/8/89-pw City Attorney Doody announced that the second reading for Temp. Ord. #1461 would be heard on Wednesday, November 22, 1989, at 5:05 P.M. in the Council Chambers. 18. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Pos17ng _ or Temp. Ord. #1464. Petition #31-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1464 on first reading concerning a request by TRACT 24 ASSOCIATES to rezone lands at the southeast corner of Nab Hill Road and NW 81 Street from R-3U (Rowhouse) to R-4A (Planned Apartments). Petition #31-Z-89 SYNOPSIS OF ACTION: Public Heari g was held. a. ACCEPTED b. APPROVED on first reading. * a. C/M Hoffman MOVED to ACCEPT' Affidavits of Publication, Mailing * and Posting for Temp. Ord. #1464, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1464 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1464 on first reading, * SECONDED by C/M Rohr. Kelly Carpenter -Craft, Director of Community Development, said the request was to rezone lands from R-3U (Rowhouse) to R-4A (Planned Apartments). She said staff requested the applicant to rezone this parcel of land and the land was covered by a 1972 Court Order, which established the dwelling units. She said this parcel had 20.017 acres and a limit of 300 dwelling units. She said in order to achieve the 300 dwelling units, R-4A Zoning was required because R-3U only allowed a density of 8.5 dwelling units to the acre. Mrs. Carpenter -Craft said 300 units required a density of 15 dwelling units to the acre, which was only allowed in an R-4A Zone. She said the use was surrounding by the following Land Uses: North R--1C Commercial and Residential South Med. Density Residential - 15 (D/UA) East Low 5 (D/UA) Residential West Med. Density Residential - 15 (D/UA) and Commercial Mrs. Carpenter -Craft said the Planning Commission denied this request at their October 14, 1989 meeting. She said staff was contacted by the applicant who indicated that he would voluntarily agree to place restrictions on the property by using Deed Restrictions. She said these documents would be provided to the City Council at the second reading. She read the volunteered restrictions into the record as follows: 1. Agreed to prohibit the construction of any unit with less than a minimum floor area of 600 square feet. 2. Agreed to limit the height of any building constructed along the parcel's property lines adjacent to NW 81 Page 11 11/8/89-pw TAPE 2 Street and NW 96 Avenue to two stories. 3. Agreed to limit ingress/egress to and from the site to Nob Hill Road and NW 81 Street (unless emergency access was otherwise required by the City's Police and Fire Departments at other locations; namely, NW 96 Avenue. In which case, access would be limited solely to emergency vehicles) . Mrs. Carpenter -Craft said with these voluntary restrictions, staff recommended approval of the rezoning request. Mayor Abramowitz Opened the Public Hearing. Joseph Schreiber, Resident, said he opposed this request. He said the City was being restricted by a Court Order issued by Judge Weissing in 1972, which forced the City to exceed specific things that were not allowed under the City Code. He asked the City Council to review this matter thoroughly because the density of the development would create havoc in the area. He said this development would be generating a lot of traffic on Nob Hill Road and NW 81 Street and would create an unsafe condition to the people of the community. Mr. Schreiber said the community was primarily single-family homes and condominiums and the proposed development was not appropriate in the community. He said the applicant could now sell the property at a higher price because an R-4A Zone was more valuable. He said there was a For Sale sign existing on the property at this time and the City should not assist the applicant in receiving more money for the property. He said the Planning Commission denied the application and the development was in conflict with the City of Tamarac's Master Plan. Irving Katz, Resident, had concerns the apartments and, based on the fact that the Planning Commission denied the application, he felt the City Council was able to deny this application. Harold Newman, Resident, said he lived in the community adjacent to the property and he hoped that the City learned by their experience with Cardinal Industries. He said it was incumbent upon the City Council to avoid having another Cardinal Industries type of development. He said there could be several relief people dwelling in the development. Mayor Abramowitz said Mr. Newman should know better than to make a remark about relief people on public record and Mr. Newman said he felt this was what the City would be opening the door to. Mr. Newman said he was asking the City Council to deny this request and take the matter to court if need be because this was very important to the surrounding community. Anthony Silvestri, Resident, said for 15 years he has been hearing the Court Orders of Judge Weissing. He said there was a report in the City records indicating that Judge Weissing released the City from a ruling which was in effect for 15 years. City Attorney Doody said Judge Weissing issued an Order which indicated that he would no longer be handling 1 1 Page 12 11/8/89--pw development issues; however, Judge Weissing clearly stated that the existing stipulations would remain in effect and this was what the City was bound by. He said he would be happy to provide these documents to Mr. Silvestri. Mayor Abramowitz Closed the Public Hearing with no further response. C/M Hoffman said he would be affected by this development because the rear of his home was on NW 96 Avenue. He said he would be viewing the development from his rear patio and he would like the City to be financially able to buy the land for recreational purposes; however, the City could not make parks on every piece of land for which unwanted developments were proposed. C/M Hoffman said people had the right to use their property within the law. He said he attended the Planning Commission meeting, at which there was a lot of opposition. He said it was felt that efficiency apartments should not be permitted in the area, which consisted of 500 square feet and the City's Zoning Code permitted this. He said there was concern that three story buildings would allow people to sit on the patios and view the homes below. C/M Hoffman said the applicant voluntarily answered these objections by stating that the development would not contain efficiencies and the smallest unit would be a minimum of 600 square feet. He said the City of Coral Springs permitted apartments of 570 square feet; therefore, this development would contain larger units. C/M Hoffman said the applicant voluntarily agreed that there would not be three story buildings on the perimeter of NW 96 Avenue and NW 81 Street, which would prevent people from sitting on their patios and viewing the community below. He said the applicant agreed to have NW 96 Avenue remain as a two way road and would be voluntarily providing ingress/egress elsewhere. C/M Hoffman said he did not feel that the applicant would be able to have 15 units per acre when the three story buildings on the perimeter were eliminated. He said the beautiful community of Kings Point had a density of 15 units per acre as well. He said he would like to build a wall around his residency to keep everyone out; however, this was not how things were done. C/M Hoffman said he would like to make the past Court Orders from Judge Weissing disappear; however, he has been advised that the owner of the property had the right to go to court and get a ruling that would force the City to permit him to build 300 units per acre, three story buildings at any place in the development and have ingress/egress at any location. He said he felt that the applicant's voluntary restrictions were in the best interest of the City. He said he would not be objecting to this rezoning request. C/M Rohr asked if the units would be one bedroom and Mrs. Carpenter -Craft said the applicant has not submitted a site plan; therefore, the proposed plan was not known; however, the applicant voluntarily agreed not to have dwelling units less than 600 square feet. Page 13 11/8/89-pw City Attorney Doody said he wanted the City Council to be aware that the type of people which could rent this development was not the appropriate ground to either approve or deny a project. He said the residents had the right to object to what they felt; however, if the City Council made their decision based on the type of people that resided in the development, they could be opening themselves up to a lawsuit and he advised the City Council to base their decision on whether or not the property should be rezoned as requested. Mayor Abramowitz said the City wanted developments and businesses that would beautify the City as well as benefit the City. He said it was easy for the residents to say that the law did not make the final decision; however, the residents making these statements were the same people questioning the legal fees that the City spent. Mayor Abramowitz said he reviewed this matter for several hours with the City Attorney and the Court Order was specific. He said the Court Order stated that the applicant was allowed 300 units on the property. He said he did not want to go into the process of litigation over this matter. Mayor Abramowitz said this matter had nothing to do with the Cardinal Industries matter because Cardinal Industries was detained by the Judge and the City granted Cardinal Industries permission to proceed. He said the Judge executed a Court Order on this project and the City had to follow this Order. He said he would not approve of the project if it was not for the Court Order. He said the Community Development Department raised objections and the applicant met the objections voluntarily. Mayor Abramowitz said the City had no other choice but to follow the Court Order with the voluntary restrictions in a legal manner and make sure that the development was as beautiful as it possibly can be with the compliance of the Court Order. Irving Katz, Resident, asked how many units of 600 square feet there would be and C/M Hoffman said it was not the City Council's function at this time to determine what would be built on the land. C/M Hoffman said the request before the City Council was for rezoning and the City Council would be making their decision based on the law. He said the applicant was voluntarily giving up some of his rights by providing Deed Restrictions. He said when the applicant presented a site plan to the City Council, there could be discussions regarding the development. He said at this point in time, the City Council did not have the right to ask the applicant what his development intentions were. Mayor Abramowitz said the City Council did not have the right to ask an applicant during the rezoning process what his intentions were and C/M Hoffman said under normal circumstances the City Council made the decision on rezoning. C/M Hoffman said because of the requirements in the Court Order, the City had no choice but to rezone the property to accommodate those restrictions. Page 14 11/8/89-pw Mr. Katz said he understood that there was a Court Order allowing 600 square feet units and he asked that the applicant limit the amount of the units. C/M Hoffman said if he was still serving on Council when the applicant brought forth a site plan, he would not approve the site plan if the applicant was over loaded with one bedroom units. Anthony Grimaldi, Resident, said the residents of Sunflower/Heathgate fought to stop the development of apartments in their area in 1984 because the development would decrease the property value of the area. He said this development was approved by the City Council and it turned out to be the worse area in the City. He said last year there were additional two story buildings built in the area over the private homes. Mr. Grimaldi suggested that the City fight the Court Order of Judge Weissing and C/M Hoffman said if this happened, the concessions that the applicant recently volunteered could be withdrawn and more astringent stipulations may be applied. Mayor Abramowitz asked Mr. Grimaldi if he recently questioned the City Council regarding the expenditures for consulting attorneys and Mr. Grimaldi said he questioned why the City Council was giving an increase to a consulting attorney when there was a City Attorney that should be given enough work to do. Mayor Abramowitz Closed the Public Hearing with no further response. C/M Hoffman asked if the Deed Restrictions would be available to the City Council for the second reading if they approved this Item on first reading and City Attorney Doody said the voluntary restrictions would be submitted to the City before the second reading. VOTE: ALL VOTED AYE 19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1462. Petition #32-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1462 on first reading concerning a request by REYNOLDS METALS DEVELOP14ENT CORP., to rezone lands at the southeast corner of NW 77 Street and Westwood Drive, such lands to be the recreation area for the proposed WESTWOOD PINES development, from R-4A (Planned Apartments) to S-1 (Open Space/Recreation). Petition #32--Z-89 SYNOPSIS OF ACTION: Public Hear ni g was held. a. ACCEPTED. b. APPROVED on first reading. * a. C/M Rohr MOVED to ACCEPT Affidavits of Publication, Mailing * and Posting for Ted' Ord. #1462, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1462 by title. Page 15 11/8/89-pw * C/M Hoffman MOVED to APPROVE Temp. Ord. #1462, SECONDED by * C/M Rohr. Kelly Carpenter -Craft, Director of Community Development, said this request was to rezone a 0.609 acre parcel from R-4A (Planned Apartments) to S-1 (Open Space/Recreational). She said the Community Development Department requested the applicant to rezone the parcel and the surrounding Land Uses are as follows: North Low Medium Density Residential South Low Density Residential West Medium Density Residential East Low Medium Density Residential Mrs. Carpenter -Craft said the Planning Commission recommended approval at their October 18, 1989 meeting and she recommended approval of the request to rezone. Mayor Abramowitz Opened and Closed the Public Hearing with no response. ktffl" General Administrative ALL VOTED AYE 20. PUBLIC HEARING - MOTION TO ADOPT Temp- Ord. #1457 on second reading adapt nropt g and enacting a new Code for the City of Tamarac. SYNOPSIS OF ACTION: TABLED until the November 22, 1989 City Council meeting at 10:00 A.M. City Attorney Doody read Temp. Ord. #1457 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1457, SECONDED by * C/M Rohr. Mayor Abramowitz said the City Council recently received the new Code last week and the volume of the Code was large.- He said he asked the City Attorney if the City Council could detain action on this Item until they had more time to review it. He asked the City Council if they agreed to Table this Item until the next meeting. * C/M Rohr MOVED to TABLE Temp. Ord. #1457 until the * November 22, 1989 City Council meeting aat 10:00 A.M., SECONDED * by C/M Rohr. VOTE: ALL VOTED AYE RESOLUTIONS General Administrative 11. MOTION TO ADOPT Temp. Reso. #5594 awarding Bid #89-52 in the amount of $1,342,051.00 to Toro Engineering & Construction Corp., for the general contract for the construction of the Multi -Purpose Center and APPROVING the appropriate budget transfer in the amount o $77,000.00 to provide additional funding for this project. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89--285 - PASSED City Attorney Doody read Temp. Reso. #5594 by title. 1 Page 16 11/8/89-pw * C/M Hoffman MOVED to APPROVE Temp. Reso. #5594, SECONDED by * C/M Rohr. City Manager Kelly said staff was very pleased that they were able to make this recommendation to approve this Bid. He said there were 5 responses to the bidding procedure and the amount of $1,341,051.00 was the best bid. He commended the Architects, Scharf and Associates, for their input during the bidding process. He said the bids were very tight, which was evidence that homework was done on the project. He said Toro Engineering & Construction Corp., was a very good firm and staff was delighted that they would be constructing the project. City Manager Kelly said there were several Addendums, add-ons and deductions to the project and all of the deductions were being used in awarding this bid to Toro Engineering & Construction Corp. He said there would be a ground breaking ceremony for the project on December 15, 1989, at 10:00 A.M. Gary Kuhl, Architect from Scharf & Associates, exhibited a conceptual drawing of the proposed Multi -Purpose Center. He said the building would contain a new gymnasium, senior citizen center, game room, lockers, exercise room, interior courtyard and an exterior patio area. Mike Couzzo, Director of Public Works, said staff was looking forward to beginning this project and, if approved, the Notice to Proceed would be submitted to the contractor this week. He said the bonding and insurance requirements were completed and submitted by the contractor to the Building Department. He thanked the City Manager for working very closely with staff and the Architects in getting this project this far. Mayor Abramowitz commended Mr. Couzzo for his tremendous efforts in taking the City's position in getting this project started. He said the City had several families entering the City every day and this Center would assist the children, parents and senior citizens. He said there were several problems with gangs in the Cities and Tamarac was not free from this problem. He said a solution was to get the children to participate in events at a young age. Mayor Abramowitz said Mr. Couzzo did a wonderful job in getting this project started and he congratulated Mr. Couzzo for his accomplishments. VOTE: ALL VOTED AYE 12. a. MOTION TO ADOPT TemE Reso. #5602 approving amended Artic es 3, 7 and 15 and adding Articles 48 and 49 to the Agreement with the International Association of Fire- fighters (IAFF,, Local 3080. b. MOTION TO ADOPT Tem . Reso. #5601 granting a 4.7% salary increase to the City Manager, City Attorney and all permanent and permanent part time employees and increasing the benefit options program for all individuals outside of the collective bargaining units from $1,000.00 to $1,300.00. c. MOTION TO ADOPT Temp. Reso. #5603 approving Article 11 entitled "Wages" and Article 13 entitled "Health Insurance" to the Agreement with the Federation of Page 17 11/8/89-pw Public Employees (FPE). SYNOPSIS OF ACTION: APPROVED a. and b. c. was AGENDIZED by Consent on on Page 2 and approved. RESOLUTION RESOLUTION RESOLUTION NO. R-89-286 - PASSED NO..'.R-89-287 - PASSED NO. R-89-288 - PASSED a. City Attorney Doody read Temp. Reso. #5602 by title. C/M Hoffman MOVED to APPROVE Te_ mp. Reso. #5602, SECONDED by C/M Rohr. City Manager Kelly said the negotiations with the International of Association of Firefighters was successfully completed and they agreed to the terms of the contract, which provided for several items, such as a 4.7% wage increase retroactive to October 1, 1989, all of the employees next year would be receiving a minimum of 3% increase, there would be an apprentice program established in the amount of $19,000.00 next year and increased insurance coverage provided by Humana Health Care Plans. He said the contract was accepted by the Firefighters and he recommended approval. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Reso. #5601 by title. C/M Hoffman MOVED to APPROVE Tem2. Reso. #5601, SECONDED by C/M Rohr. City Manager Kelly said all of the employees, with the exception of the Firefighters, had a benefit option program. He said the previous allocation was $1,000.00 per employee annually for employees that were not Federation of Public Employees; however, now all employees would be receiving a benefit option in the amount of $1,300.00. Harold Newman, Resident, asked when the benefit option increases would become effective and City Manager Kelly said the increases would be effective retroactive to October 1, 1989. Mr. Newman said the newspapers reported that the City Council would not be aware until internal auditing would be done in October, 1989, if monies would be available for employee increases. He said during the budget public hearings, the City Council informed the Firefighters that increases would be considered for them and he was pleased to see everyone would be receiving an increase. Mr. Newman asked where the money came from and Mayor Abramowitz said there was an Executive meeting held last week with the Finance Director. He said the City's Finance Director would never answer questions without the appropriate factual information in front of him. Mayor Abramowitz said the City Manager was asked to inform the Finance Director that the City Council was very interested in providing wage increases to the City's staff. He said there were concerns about having the funds available for the increases and the Finance Director said this answer could not be given until the auditors informed the City of their standings. 1 J 1 Page 18 11/8/89-pw Mayor Abramowitz said during the Executive meeting, the City Councilmembers asked the Finance Director how much money was available. He said the funding was from surplus monies. TAPE 3 Mayor Abramowitz said until the auditors submitted their reports to the Finance Director at the end of the month, the funds available were not known. He said the monies were not found mysteriously because they were never missing. Mr. Newman said he approved of the increases; however, he was concerned with how the monies were always available after the fact. He said the employees did not receive a benefit option increase last year and the City Attorney and City Manager were receiving another increase. City Manager Kelly said he and the City Attorney did not receive a benefit option increase at the beginning of the Fiscal Year. C/M Hoffman said during negotiations for contracts, the amount of money available was not generally used for negotiations. C/M Rohr said once the auditors submitted their report to the Finance Director, the information would be made available to the public. City Manager Kelly said the Finance Director was familiar with the amount of money available and he was informed by the Finance Director of the monies available; therefore, he did not want the public to think that the Finance Director was not aware of the funds in the City. He said during the budget process, the Finance Director was ultra conservative and stated that he was not sure that there were sufficient monies available to cover raises for the employees. City Manager Kelly said the Finance Director wanted to wait until the auditors submitted their report before making a statement. He said V/M Bender stated during the budget process that he was sure that there were surplus monies available. He said the Finance Director stated that he was hoping that there were more funds than V/M Bender thought there was; however, he would not know this until the auditors submitted their report. City Manager Kelly said as soon as the Finance Director was comfortable discussing the finances, he asked that an Executive Session be held. VOTE: ALL VOTED AYE C. City Attorney Doody read Temp. Reso. #5603 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5603, SECONDED by * C/M Rohr. City Manager Kelly said during the negotiating process with the Federation of Public Employees there was a final offer made by the City to provide an option of carriers for health insurance coverage. He said the second provision was that the City's contribution for the health insurance would be increased by 50%. He said all of the wage increases of 4.7% were to be retroactive to October 1, 1989. Page 19 11/8/89--pw City Manager Kelly said subsequent to the offer at the bargaining table, the Cigna Insurance Company contacted the City and indicated that if they were not the exclusive health insurance carriers of the City, they would be withdrawing their policy. He said this company did withdraw and the final offer on the table by the City was no longer valid. City Manager Kelly said the Union was advised that the only coverage would be with Humana Health Care Plans. He said the ratification provided for the double offer and the Union accepted all other offers. He said the ratification letter indicated that the negotiating committee was offering all or nothing in the negotiated contract. City Manager Kelly said the City advised the Union that Cigna would not be offered and the Union has not reacted to this change and the ratification did include the Cigna Company coverage. At this time, City Manager Kelly read Temp. Reso. #5603 in its entirety. VOTE: ALL VOTED AYE ORDINANCES City Council 25. MOTION TO ADOPT Temp. Ord. #1465 on first reading to Emend Article X, Section 14-75 of the City Code to provide that bingo shall not be permitted at any specific site, location or address more than four (4) times a week. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1465 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1465 on first reading, * SECONDED by C/M Rohr. Kelly Carpenter -Craft, Director of Community Development, said currently the City regulated bingo at two places in the Code of Ordinances, which were Chapters 14 and 28. She said the Ordinance being proposed would appear in Section 14 of the Code and provide that the activity of bingo would be allowed no more than 4 times at any one location in the City. Mrs. Carpenter -Craft said this provision was being placed in the licensing section of the Code because it was the most appropriate place to regulate bingo. Marilyn Roden, Resident, said she came to Tamarac with the option of wanting to begin bingo for the organizations. She said the City of Tamarac informed her that the organizations were allowed to operate bingo two nights per week. She said she asked if this pertained to any specific organizations and she was informed that it did not matter. Ms. Roden said she submitted her application yesterday to the Occupational License Supervisor and everything was 1 Page 20 11/8/89-pw accepted. She said at this time, the City Council would be making a decision to restrict the amount of time to 4 times per week. She said the existing Ordinance did not indicate anything about 4 times per week. Mayor Abramowitz said approximately 9 months ago there was publicity regarding the bingo in areas throughout the State. He said he discussed this matter with the City Attorney and Tamarac had several religious institutions and organizations that held bingo events. He said during his discussions with the City Attorney, he asked the City Attorney to investigate what the laws were throughout the State because he wanted to avoid bingo parlors that did not pertain to the spirit of the law. Mayor Abramowitz said he was not condemning bingo events in the City and, during the City Attorney's investigation, the Cities of North Lauderdale and Sunrise had adverse publicity regarding bingo halls and the Police closed a bingo parlor in both Cities. He said he was not qualified to judge the newspaper reports; however, it seemed that there were extreme irregularities in running those bingo parlors. Mayor Abramowitz said recently he informed the City Attorney about the matters with the other Cities and asked that the City Attorney immediately bring a recommendation to the City Council. He said the proposed Ordinance was a result of months of conversation and legal research. He said it was very unfortunate that this was occurring when Ms. Roden was beginning to assist the organizations in creating bingo events. He said he was against bingo parlors in the City of Tamarac because it was not appropriate for the quality of life in Tamarac. Ms. Roden said she was upset that the City did not inform her of this matter before she went through the procedures and Mayor Abramowitz said the Occupational License Supervisor's duty was to accept applications. He said the City Council made the legislative decisions in the City. Milton Steppel, Resident, asked why the limit of 4 times per week was being enacted. C/M Hoffman said he believed that the State allowed bingo for the specific purpose of permitting non-profit and religious organizations to secure enough money to function. He said he did not believe that it was the State's intention to permit people to open bingo parlors for gambling. He said the City Council felt that 4 bingo games per week at any one location would be sufficient enough for an organization to raise money needed to function and stay within the limits of the State's intention. Mr. Steppel said he researched the State Statute, which did not indicate the number of times per week bingo games could be held and C/M Hoffman said the State Statute mentioned the reasons for permitting bingo for non-profit and charitable organizations. Mr. Steppel said the applications of the organizations filed with the City yesterday were non-profit and C/M Hoffman said the organizations had the right to ask for bingo within their own premises. Page 21 11/8/89-pw Mr. Steppel had concerns with the bingo events being held in rented bays that required more than 4 times per week to use the bay. Mayor Abramowitz said 4 times per week was decided after researching the matter and there were several bingo events run in the City. He said he questioned how many times per week an organization needed bingo in order to accommodate their needs and, after investigation, 4 times per week was established. Mr. Steppel said the expenses of the events were not considered and the area in which the bingo events would be held was 90% vacant. He said since the bingo hall was negotiated, there were other applicants that wanted to rent space in the area. He said having the bingo hall in the area would increase the tax base of the City. C/M Rohr said it was not the City Council's responsibility to see that landlords of a development make a profit by leasing their spaces. He said the City Council looked at what was appropriate for the residents of the City and he did not feel that a bingo parlor open 7 days a week in the City would be appropriate. He said he would vote to approve this Ordinance. VOTE: OPEN PUBLIC FORUM 21. OPEN PUBLIC FORUM ALL VOTED AYE Irving Katz, Resident, said he was a tutor for the Broward County Literacy "Learn to Read" Program. He said this program was in need of qualified tutors that had the patience to teach and he would like the City to assist in publicizing this Program. Mayor Abramowitz asked Mr. Katz to submit a written request to the City Manager regarding this matter and C/M Rohr said this Program could also be publicized in the City's Tam -A -Gram. Sol Regan, Resident, said several months ago the City was considering an arrangement with the surrounding Cities in creating a recycling program. He asked if there has been any progress with this program. Mayor Abramowitz said there have been several meetings recently held on this matter and there was only one vendor to handle the recycling program. He said the Cities of Tamarac and Lauderhill were uncomfortable with the contracts; however, the concerns were being negotiated and the Cities were very close to a final agreement. Mayor Abramowitz said all of the City Managers worked very hard in proposing a contract and, when it was presented to the Cities, it was not accepted. He said by next week there may be positive news regarding a recycling program. Anthony Grimaldi, Resident, said he was very surprised in hearing that there were monies found to provide increases to the employees and Mayor Abramowitz said there were no monies found. Page 22 11/8/89-pw Mr. Grimaldi said two years ago during the budget hearing there were several proposals for increases, utility taxes, etc. He said before a utility tax was imposed, monies were found to prevent this taxation. He said during this budget process there were appeals from the employees regarding an increase; however, because of Union negotiations, the City Council could not make comments on these matters. Mr. Grimaldi said it was unfair to not allow the residents to know exactly where they stand financially and the City Manager should be in the position to inform the residents of the City's financial position. REPORTS 22. CITY COUNCIL REPORTS C/M Rohr said at the previous City Council regular meeting he promised to complete his report regarding the 63rd Annual Convention of the Florida League of Cities. He said he would be making a proposal to the City Council because on 'Friday, October 13, 1989, he attended a Seminar introducing the City Amigos Program. He said the Florida League of Cities Incorporated proudly introduced an Intra-State Sister Cities Exchange Program. C/M Rohr said Cities Amigo meant "friendly Cities" and advocated former linkage between Cities from northern, central and southern Florida. He said such partnerships would seek out innovative and constructive ways to maintain and enhance the quality of the Cities. He said Cities and their citizens would have the opportunity to exchange people, ideas and cultures and a variety of education, municipal, institutional, professional, technical and youth projects. C/M Rohr said there was more information to provide on this program and he suggested that the City Council call a workshop meeting in which he would inform the City Council further about this program. C/M Rohr said the City of Hialeah would be a very interesting City for Tamarac to become associated with through the Cities Amiga program. He said during other meetings, the Cities were asked to contact the Legislatures regarding refraining from asking financial assistance to wage the war on drugs. C/M Rohr said there was a meeting on City Planning which discussed the 5 overall goals to be considered; namely, trade and commerce, protection for citizens, shelter, culture and opportunities for growth in all spheres. He said any time a person could increase their knowledge and gain further experience in their work, it would help in achieving their positions. He said his attendance at the Conference gave him greater insight to accomplish the many problems that he faced each day as a City Councilman. C/M Hoffman said he prepared a report regarding the Convention and there were two Resolutions passed. He said the Cities were asked to consider passing similar Resolutions which pertained to the Florida League of Cities urging the President of the United States and Page 23 11/ 8/ 89-pw Congress to recognize and affirm the language and power of the Tenth Amendment, which governed and balanced the respective powers of the State and Federal Government. C/M Hoffman said the feeling was that the Federal Government has been gradually usurping the powers granted by the Constitution to the various States and the Florida League of Cities was asking that this stop. C/M Hoffman said the other Resolution passed was from the Florida League of Cities urging Florida citizens to support Constitutional Amendment #3 on the November, 1990 Ballot limiting unfunded State mandates on Cities and Counties. He said these two Resolutions were very important and should be considered by the City Council. He submitted this information to the City Manager for distribution to the City Council. Mayor Abramowitz said at 10:00 A.M., Saturday, November 11, 1989, at Veterans Park the annual Veterans Day Celebration would be taking place. He asked everyone to attend this ceremony because it was a dedication to those who have died in service to their Country. Mayor Abramowitz said he had the privilege of taking part in the Halloween Celebration and there were several children participating in the parade and events. He said the children were of all ages and it was delightful to see their excitement. Mayor Abramowitz said he had the privilege of speaking at the Junior Orange Bowl Contest and this year there were 26 contestants. Mayor Abramowitz said Bill George, Representative of the Tamarac Athletic Federation (TAF), was present in the audience and he commended Mr. George for his participation and care for the children. He said the Parks and Recreation Board, Parks and Recreation Department and TAF did a tremendous job for the children. Mayor Abramowitz said he received a plaque from TAF, which -would be hung in the atrium of City Hall. He commended TAF and Mr. George for the devotion to the children. 23. CITY MANAGER REPORT City Manager Kelly said at the Convention referred to by C/M Rohr, there were several innovative programs around the State recognized. He said approximately 6 programs from the City of Tamarac were recognized, such as the Tam -A -Gram distribution program by volunteers, volunteer Social Services program, fire prevention program and the birthday program. City Manager Kelly said Sunday, November 12, 1989, there would be a benefit held for a member of TAF, Kevin Duffy, who recently had triple by-pass surgery. He said Mr. Duffy has been very dedicated to the sports programs of the City and he wished Mr. Duffy a speedy recovery. City Manager Kelly announced that Joseph McIntosh, Chief Deputy Sheriff, of the Broward Sheriff's Office recently transferred to Commander of the Special Operations Group for the Broward Sheriff's Office. He said he would like a proclamation presented at the next City Council meeting to Commander McIntosh for his services with the City of Page 24 11/8/89-pw Tamarac. He said Commander McIntosh would be personally introducing his successor at that meeting, which was Captain Michael Goldstein and his Executive Officer Lieutenant McFrier. TAPE 4 24. CITY ATTORNEY REPORT City Attornty Doody announced that the hearings concerning the Florida Power & Light Transmission Line would begin next Monday. He said the City has taken a strong position in the hearings and he was directed to present the City's Case. He said there has been discussions regarding the difficulty for him to monitor the 3 to 5 week hearings and continue running the City Attorney's Office. City Attorney Doody said he distributed a letter from Lisa Mohoel from the Firm of Burke, Bosselman and Weaver. He suggested that the City Council authorize him to attend the hearing next week and all of the Broward representatives felt that it would be more advantageous to work out an arrangement where one Attorney would sit and monitor the proceedings on behalf of the Cities. City Attorney Doody said the Attorney would not represent the Cities and parties involved would be Broward County, Coral Springs, Davie, Parkland, Sunrise, Pembroke Pines, Coral Ridge Properties, Silver Lake Partnership, William Lyons Company, Centrust Savings Bank, Tamarac and the South Florida Regional Planning Council. City Attorney Doody said it was proposed that for a sum not to exceed $2,000.00, a representative from Burke, Bosselman and Weaver, would attend every hour and day of the proceedings. He said the person would be able to update him on the outcome of the proceedings and contact him to attend the meeting at any time an item relating to Tamarac was being heard. He said this would allow the City to cover the hearings and continue running the City Attorney's Office efficiently. C/M Rohr said there would be 15 suggestive parties that would-be joined in this arrangement and it was anticipated that the total fees may be approximately $20,000.00 for a 5 week hearing. He said the $2,000.00 fee was contingent upon the parties entering into the joint arrangement. He suggested that the City Council authorize the City Attorney to enter into an Agreement with the firm of Burke, Bosselman and Weaver to monitor the proceedings of the Florida Power & Light Transmission hearings at a cost not to exceed $2,000.00. City Attorney Doody said if there would be any changes to this cost because a number of parties withdrew from the hearings, he would have to handle the hearings himself. He said this type of program would be of benefit to the City because there would be a constant monitor at the proceedings. Mayor Abramowitz said he favored this because Florida Power & Light felt that the individual Cities would not be able to follow the proceedings financially. He said this joint monitoring program would benefit all of the parties involved. Page 25 11/8/89-pw 26. MOTION TO APPROVE the City Attorney entering into an Agreement with the firm of Burke, Bosselman and Weaver to have a representative attend and monitor all of the proceedings during the Florida Power & Light Transmission Line hearing at a cost not to exceed $2,000.00. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE the City Attorney entering into * an Agreement with the firm of Burke, Bosselman and Weaver * to have a representative attend and monitor all of the * proceedings during the Florida Power & Light Transmission * Line hearing at a cost not to exceed $2,000.00, SECONDED by * C/M Hoffman. Sol Regan, Resident, asked if the City Council could allow this expenditure without approval from the residents and C/M Hoffman replied, yes. 041" ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:30 P.M. N7RVMAN ABRAMOWITZ, MAYOR AROL A. EVANS, CITY CL K "This public document was promulgated at a cost of $176.60 or $22.08 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 APPROVED AT MEETING OF �� 8 Clerk Page 26 1 1