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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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,
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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
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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).
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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.
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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
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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
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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
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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
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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
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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.
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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
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* 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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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