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Home My WebLink About1991-05-08 - City Commission Regular Meeting Minutes@x- ۥu�� - _ �� t t t t t t t � � � � � � L � $F $ A e e ( � � � � � � � � � � � � � � 4 � � � C ITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 8, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, May 8, 1991 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Henry Schumann Councilwoman Diane Glasser ABSENT AND EXCUSED: Councilman Irving Katz ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation for the return of the City of Tamarac's employee, Alfonso Arteche, from Desert Storm. ****************************************************************** INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation recognizing COURTNEY TIRRI as FLORIDA'S TINY MISS HOMETOWN U.S.A. and PRESENTATION of a plaque to the City. SYNOPSIS OF ACTION: Presentations were made. Mayor Abramowitz presented the proclamation to Courtney Tirri and Miss Tirri expressed her appreciation and presented a plaque to Mayor Abramowitz on behalf of the City. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating May 5-11, 1991, as "MUNICIPAL CLERKS WEEK". SYNOPSIS OF ACTION: Presentation was made by Mayor Abramowitz to Carol A. Evans, Tamarac City Clerk and her staff. Mayor Abramowitz presented the proclamation to Carol A. Evans and her staff. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating May 18, 1991, as "GREAT STRIDES TO CURE CYSTIC FIBROSIS DAY". SYNOPSIS OF ACTION: Presentation was made. Mayor Abramowitz presented the proclamation to Mary Hinkle, representative for Cystic Fibrosis. Ms. Hinkle expressed her appreciation on behalf of the Cystic Fibrosis research. She expressed her appreciation to Herb Hayes, President of the Presidents Council, for his work for the Cystic Fibrosis Committee for Great Strides. 4. PRESENTATION by Mayor Abramowitz of a proclamation designating BROWARD DISCOVER '92, INC., as the official sanctioning and coordinating body for activities to be held in Broward County dedicated to commemorating the quincentennial anniversary of Columbus' voyage. SYNOPSIS OF ACTION: Presentation will be mailed. Mayor Abramowitz read the proclamation into the record. 24. MOTION TO ADOPT Temp. Ord. #1545 on first reading increasing the Planning Commission from five (5) to seven (7) regular members and from one (1) alternate to two (2) alternate members. SYNOPSIS OF ACTION: Agendized by Consent. Final action and discussion on Page 17. V/M Bender MOVED to AGENDIZE Temp. Ord. #1545, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 25. MOTION TO ADOPT Temp. Ord. #1546 on first reading repealing Section 6 of the Ordinance from 1976 which made Florida Power & Light tax exempt. SYNOPSIS OF ACTION: Agendized by Consent. Final action and discussion on Page 17. V/M Bender MOVED to AGENDIZE Temp. Ord. #1546, SECONDED by C/M Schumann. 5. ANNOUNCEMENT of the expiration of the terms of office for positions on the following boards and committees: Board of Adjustment Code Enforcement Board Consumer Affairs Board Insurance Advisory Board Investment Advisory Board Parks and Recreation Board Planning Commission Public Information Committee Social Services Board Veterans Affairs Board If any Tamarac resident is interested in serving on any of the above volunteer boards or committees, please contact the office of the City Clerk for an application. If existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's office. SYNOPSIS OF ACTION: Announcement was made. Mayor Abramowitz made the announcement. PUBLIC PARTICIPATION 6. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Sam Kaplan, resident of Spring Lake I, requested that Council put the sidewalk issue from Southgate Boulevard on the Agenda for discussion. He said the residents need to be able to walk on Southgate Boulevard safely. He said this sidewalk is needed for safety, not beauty. He said one of his neighbors was almost hit by a vehicle. Arthur Ormont, President of Spring Lake I Homeowner's Association, said everyone in the area wants this sidewalk. He said the residents are needing this sidewalk for a heavily travelled street that is owned and operated by Tamarac. He said this one piece of sidewalk was left out and needs to be installed before someone gets hurt. He said this sidewalk will benefit everybody who lives in the area. Jack Friedman, Secretary of Spring Lake Northwood section, said he feels it is imperative that a sidewalk is built on this City property to prevent a future accident which could be fatal. He requested this be put on the Agenda for discussion for the health, safety and welfare of the residents. Janice Ormont, resident of Spring Lake I, expressed her concern regarding the traffic on Southgate Boulevard heading east into the glare of the sun which affects the driver's vision and poses a danger to the walkers in that area. Terry Hobmeier, resident of the Isles of Tamarac, said Southgate Boulevard is a heavily trafficed area. She asked why the City does not have a sidewalk fund for this type of situation. Ms. Hobmeier expressed her appreciation for the street light on NW 108 Terrace near NW 71 Place. Ms. Hobmeier suggested the City have a tree preservation fund because it is important to preserve the natural habitat. She expressed her concern regarding the land plowed down by Leadership Housing. She said there were beautiful Australian Pines and bushes on that property and she felt this was an improper thing to do. EDITOR'S NOTE: See Page 5 for continuation of Item 6: Public Participation. PUBLIC HEARINGS - 7:30 P.M. Community Development 17. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1535 on second reading concerning a request by LEADERSHIP HOUSING, INC., to rezone lands east of Nob Hill Road, 315-feet north of Commercial Boulevard, from A-5 (Agriculture/Excavation) to B-2 (Planned Community Business) to conform to the Broward County Land Use Plan. Petition #16-Z-91 SYNOPSIS OF ACTION: Public Hearing held. TABLED to May 22, 1991 Council meeting at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1535 by title. Kelly Carpenter, Director of Community Development, said this is an application by Leadership Housing to rezone from A-2 to B-5, a tract located at the northeast corner of Nob Hill Road and Commercial Boulevard in Tamarac. She said the Planning Commission voted unanimously in favor of this application at its February 20, 1991 meeting. She said the applicant is requesting to expand the corner commercial parcel at the northeast corner of Commercial Boulevard and Nob Hill Road. She said the area is shown as commercial on the Land Use Plan. She said there is a sliver of property running east and west which was not initially zoned commercial and they are adding this to the remainder of the commercially zoned property. Ms. Carpenter said the applicant has in process a plat of this parcel at present. She said the preliminary plat has already been reviewed by the Planning Commission. She said the surrounding uses are as follows: north- residential RM-10, east-industrial LI-1 and south-commercial B-3. She said the Staff recommendation is for approval. C/W Glasser said since this item directly affects the health, safety and welfare of the residents of the Isles of Tamarac and the residents of the Isles of Tamarac are unable to attend this meeting, she requested this item be tabled until such time as these residents can be in attendance. C/W Glasser MOVED to TABLE Temp. Ord. #1535, SECONDED by V/M Bender. VOTE: C/W Glasser - AYE V/M Bender - AYE C/M Schumann - AYE Mayor Abramowitz - NAY 18. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1537 on second reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 6.331 acre parcel between the Sawgrass Expressway and NW 108 Terrace, north of McNab Road, from R-3U (Row House) and I-1 (Institutional/Educational) to R-4A (Planned Apartments) to conform to the Broward County Land Use Plan. Petition #18-Z-91 SYNOPSIS OF ACTION: Public Hearing held. TABLED to May 22, 1991 Council meeting at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1537 by title. Ms. Carpenter said this is an application by Leadership Housing requesting to rezone from R-3U and I-1 to R- 4A lands on the west side of NW 108 Terrace between Southgate Boulevard and McNab Road. She said the applicant volunteered at the last City Council meeting to amend its application to RM-10. She said due to advertising requirements, it still shows as R-4A but they have committed to take it to RM-10. She said the Planning Commission voted unanimously to recommend denial of this application at its February 20, 1991 meeting. She said the applicant is requesting this rezoning to bring the parcel into a single zoning category. Ms. Carpenter said the request for zoning will maximize the number of dwelling units permitted on this parcel by the Land Use Plan. She said the applicant is also in the process of platting this parcel. She said the preliminary plat has been reviewed by the City Planning Commission. She said the surrounding land uses are as follows: north-low medium residential, 6 to 10 dwelling units to the acre R-3U, east-medium resident, 11 to 15 dwelling units to the acre R-3U permitted at court order at 15 dwelling units to the acre, south- recreation S-1 and west-Sawgrass Expressway. Ms. Carpenter said this zoning is consistent with the Comprehensive Plan and the County and City Land Use Plans. She said Staff has recommended approval. She said the applicant has volunteered at the last Council meeting to provide a deed restriction to limit the minimum net square footage of any dwelling unit to 700 square feet. She said Staff received that deed restriction from the applicant by fax today. She suggested that Council could approve this subject to the deed restrictions being on a subsequent agenda and the alternative would be to table the zoning until such time as the deed restriction can be on the same agenda. C/W Glasser MOVED to TABLE Temp. Ord. #1537, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 19. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1538 on second reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 1.838 acre parcel between the Sawgrass Expressway and NW 108 Terrace, 1347-feet north of McNab Road, from R-3U (Row House) and I-1 (Institutional/Educational) to RM-10 (Planned Apartments) to conform to the Broward County Land Use Plan. Petition #19-Z-91 SYNOPSIS OF ACTION: Public Hearing held. TABLED to May 22, 1991 Council meeting at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1538 by title. Ms. Carpenter said this is an application by Leadership Housing to rezone from R-3U and I-1 to RM-10. She said the parcel is 1.83 acres in size and the zoning application will permit 18 dwelling units to the acre as opposed to the 15 dwelling units to the acre that are currently permitted. She said the site is located on the west side of NW 108 Terrace between Southgate Boulevard and McNab Road. She said the Planning Commission voted to recommend denial of this application at its February 20, 1991 meeting. Ms. Carpenter said this application is being requested in order to bring all of the parcel into one zoning category, RM-10, to allow 10 dwelling units to the acre in accordance with the medium density designation on the County and City Land Use Plans. She said the applicant has a plat in progress and the preliminary plat has been reviewed by the Planning Commission. She said the surrounding land uses are as follows: north- recreation S-1, east-medium density R-3U, 8.5 to the acre and 11.5 to the acre, developed at 15 to the acre by court order, south-low medium density residential, 6 to 10 to the acre R-3U and west-Sawgrass Expressway. She said this application is consistent with the plans and Staff has recommended approval. Ms. Carpenter said the applicant has forwarded their voluntary deed restrictions limiting the minimum unit size to a net 700 square feet per unit. She said this can be handled as previously stated in Item 19. C/W Glasser MOVED to TABLE Temp. Ord. #1538, SECONDED by V/M Bender. TAPE 2 VOTE: ALL VOTED AYE General Administrative 20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1539 on second reading to amend Chapter 14 of the Code to revise the parking ticket fees. SYNOPSIS OF ACTION: Public Hearing held. TABLED to May 22, 1991 Council meeting at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1539 by title. City Manager Kelly requested this item be tabled to the May 22, 1991 City Council meeting for Staff to review this more thoroughly. C/M Schumann MOVED to TABLE Temp. Ord. #1539, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS PUBLIC PARTICIPATION 6. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. EDITOR'S NOTE: Continued from Page 3. Eileen Frolish, resident, said during the Council meeting of April 10, 1991, she and her husband responded to the issue at hand. She said when her husband spoke on the issue, she felt Mayor Abramowitz interrupted him, ridiculed him, and treated him in a condescending manner. She said her husband served in the U.S. Army in World War II, is a world-renowned scientist, has his Ph.d in Physics and is a Professor at the University of Pittsburgh in the Telecommunications Department. She said she feels her husband deserves a public apology for the verbal insult to him on April 10. Ms. Frolish said her husband is waiting for a response from V/M Bender from his phone call several weeks prior. Mayor Abramowitz said he has never knowingly offended or intentionally insulted anyone. He said he will pull the verbatim minutes from the meeting of April 10, 1991. He requested she give the Clerk her phone number and she and Mr. Frolish meet with him and examine the minutes of the meeting. He said if he has offended anyone in any way, he would be the first to apologize. V/M Bender said he had contacted Mr. Frolish and the matter was discussed and it would be taken under consideration. Walter Rekuc, resident, expressed his appreciation to City Manager Kelly for inspecting the road patches on Woodlands Boulevard. He said City Manager Kelly agreed that the job was done poorly. He expressed his appreciation for the inspection of the dirt parking lot north of the Post Office. Mr. Rekuc said he feels Tamarac should strive to keep its roads comparable to Plantation, Coral Springs and Weston. He said there is no benefit of building potholes as in New York City. He said there is no reason that the City should do these repairs eight times. Mr. Rekuc asked why the City has failed to give qualified and experienced personnel an interview for management positions instead of installing questionable management. He asked why Mr. Glass was given his position in view of his lack of experience and training to supervise the maintenance group. He asked why City Manager Kelly has failed to take disciplinary action against Mr. Glass for falsely trying to frame a long time employee two weeks after a quadruple heart operation. Mr. Rekuc asked why City Manager Kelly has failed to discipline Assistant City Manager Couzzo, including Mr. Glass, for the frame up, because Mr. Couzzo received a traffic ticket for speeding and driving without a valid license. He asked if City Manager Kelly has notified the traffic Judge of the reciprocal punishment on a relative of a Sheriff Deputy who issued the traffic ticket. He recommended the elimination of the Public Works Director and the Personnel Director for failure to consider qualified personnel, discriminating against veterans and cheating the taxpayers by failing to provide qualified service. Mr. Rekuc said the work done on Woodlands Boulevard failed to use the proper material, lack of levelling, sealing and proper finishing. He requested the City get the job done by qualified employees. He said the City recently hired a senior foreman with a valid Texas license for $26,000.00 who was earning $18,000.00. He asked why the applicant has failed to completely fill out an employment application. He asked why this applicant has failed to answer traffic violations. He said personnel verifications fail to indicate who they spoke to or a phone number. He suggested the termination of the employee, due to failure to complete his application; the Personnel Director and Public Works Director, for failure to comply with acceptable hiring and promotion practice. Helen Tomas, resident, said she is proud to reside in a City that pursues to be called "The Tree City", by planting, protecting and preserving the trees. She said help is necessary to protect and improve the air quality. She said she would like to donate a few potted trees to be planted on public land to help improve the environment which would include: an oak, a pitchapple (clusia) and a frangipani tree. She said the residents on NW 55 Street also have expressed a desire to the City for donating money to purchase a tree to be planted in the median. She requested Council accept these trees and the residents are willing to work with the Public Works Department in this effort to increase the City's tree canopy. Mayor Abramowitz expressed his appreciation and he said the City will accept these trees. Harold Newman, President of Westwood 23, said he passed by the site of the new Public Works Complex and he suggested the berm be 20 to 25 feet high to camouflage these two ugly buildings. He said he understands that it was the intention of Council not to build a Taj Mahal, but these are a poor example of what the City wants developers to put up in Land Section 7. Mayor Abramowitz said the old Public Works building is what is being seen. He said it has been dismantled and has been built around in the interest of saving money. He said these are two functional buildings. He said these two buildings are for the employees of Public Works and Utilities, not for visitors. He said he is proud of the fact that those buildings are coming in under budget and on time and about two-thirds of the original quoted price. Mr. Newman said the City does need a functional building; however, this should not be an example to what the developers will be building. Mayor Abramowitz said he would not approve anything like that from a developer. Mr. Newman suggested the building should be somewhat of an attraction if and when the developers begin building. He said the money was passed by the residents of the City for the bond issue. Randy Correll, Tamarac Firefighter, said he is currently the elected representative for the Tamarac Firefighters. He said he has read where the City is attempting to save money and has requested automobile donations and the City Manager's office has contacted Broward County looking to eliminate the Tamarac Fire Department and the possibility of saving money to contract out to Broward County as the City did with the Police Department. Mr. Correll said the City has three arbitration cases in the near future which involve three incidents where the Fire Department feels the City has not filed its contract language properly; however, the City feels it has been filed properly. He said these arbitration cases cost approximately $1,000.00 each. He said the Tamarac Firefighters have offered and been denied by the City Attorney to combine these cases which would save the City at least $1,000.00 or more. He requested Council consider combining these cases to save the City's money. Mayor Abramowitz said there has been a request by the residents of Spring Lakes to agendize the sidewalk issue on Southgate Boulevard. He said in a previous discussion, there was a question as to who owns the land which has been investigated and it was found that the land belongs to the City. He said there is a section on Southgate Boulevard which has a sidewalk to the west and a sidewalk to the east and nothing in between. He said the residents of Spring Lake Villas have been petitioning the City for the past couple years for the building of a sidewalk in this section. Mayor Abramowitz said these residents walk to the area shopping center and must either walk on the grass, which is hindered by red ants or on the street, hindered by cars passing by. He said this presents a danger to the health, safety and welfare of the residents in this area. He said the question was raised that there is no money in the budget; however, this is the purpose of the Contingency Fund. He said it has been estimated by City Staff that this sidewalk would cost approximately $8,000.00. He said he feels this sidewalk is a necessity for the health, safety and welfare of the people. Mayor Abramowitz MOVED to AGENDIZE the building of a sidewalk on Southgate Boulevard near Spring Lake Villas, with no second. Mayor Abramowitz said the Motion dies for lack of a second. CONSENT AGENDA 7. Items listed under Consent Agenda, Item 7, 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 3/27/91 City Council Regular meeting. SYNOPSIS OF ACTION: APPROVED b. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300- foot distance requirement for issuance of certificates of occupancy for LAKE COLONY (BROOKWOOD GARDENS), Units 94 and 95, for a six-month period from 6/13/91 to 12/13/91. SYNOPSIS OF ACTION: APPROVED Community Development c. MOTION TO ADOPT Temp. Reso. #6044 transferring a special exception for a restaurant from Pizza Hut to Bagel City to allow a take-out bagel bakery where only a take-out/delivery pizza parlor was permitted at FAMILY MART SHOPPING CENTER, 7110 N. University Drive (tabled on 4/24/91). SYNOPSIS OF ACTION: RESOLUTION R-91-82-PASSED APPROVED Engineering/Utilities d. MOTION TO APPROVE a Water and Sewer Developers Agreement for SHELL OIL COMPANY, 5001 N. State Road 7, for sanitary sewer service. SYNOPSIS OF ACTION: APPROVED e. MOTION TO ADOPT Temp. Reso. #6047 releasing performance bond #K03917277 in the amount of $164,080.00 posted for public improvements at WESTWOOD PINES APARTMENTS subject to receipt of a one-year warranty bond in the amount of $52,350.63. SYNOPSIS OF ACTION: RESOLUTION R-91-83-PASSED APPROVED V/M Bender MOVED to APPROVE the Consent Agenda, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE CONSIDERATIONS Public Works Department 8. MOTION TO APPROVE final payment in the amount of $11,500.00 to Hardrives Specialties Division for completion of four (4) tennis courts (Bid #90-31) (tabled on 4/24/91). SYNOPSIS OF ACTION: APPROVED V/M Bender MOVED to APPROVE Item 8, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 9. MOTION TO APPROVE the purchase of one 1991 crew cab fleetside pickup truck on State Contract #070-700-91-1 at a cost of $16,151.00 and APPROVAL of the appropriate budget transfer to fund this purchase. SYNOPSIS OF ACTION: APPROVED V/M Bender MOVED to APPROVE Item 9, SECONDED by C/W Glasser. C/M Schumann said as previously discussed in a Council workshop meeting on this item, he is in favor of the purchase of the truck less the air conditioning. He said he feels this is a work vehicle to be used on short trips and the people utilizing the vehicle will be in and out of the truck working lawn mowers. He said he sees no reason for air conditioning in a work vehicle. Mayor Abramowitz said he feels it is dangerous to put five or six men in a car when it rains and there is no air conditioning. C/M Schumann asked if the men cut grass in the rain and Mayor Abramowitz said they drive in the rain, fix roads in the rain and have cut grass in the rain. Mr. Couzzo said the vehicle will be used during rainy conditions to do catch basin and drainage work. Mayor Abramowitz asked if this vehicle will be used as a rescue vehicle and Mr. Couzzo said, yes. City Manager Kelly said he feels it is not fair to the employees to not have air conditioning comfort during the heat of the summer months. He said the cost is $660.00 for the air unit and he strongly requests approval. VOTE: C/W Glasser - AYE V/M Bender - AYE C/M Schumann - NAY Mayor Abramowitz - AYE RESOLUTIONS City Council 10. MOTION TO ADOPT Temp. Reso. #6049 appointing regular and alternate members to the PLANNING COMMISSION. SYNOPSIS OF ACTION: RESOLUTION R-91-84-PASSED APPROVED appointing Joseph Schreiber, Anthony Silvestri and Harold Rosen as regular members for terms to expire 4/15/93. Sam Levine was appointed as a regular member to fulfill a term to expire 4/15/92. William Sherman was appointed as an alternate member for a term to expire 4/15/92. City Attorney Ruf read Temp. Reso. #6049 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6049, SECONDED by V/M Bender. City Clerk Carol Evans said the City needs three regular members for terms to expire in 1993 and one regular member to fulfill a term expiring in 1992. She said the City needs an alternate member for a term expiring in 1992. Discussion was held and the nominations are as follows: V/M Bender 1993 Joe Schreiber Harold Rosen Anthony Sylvestri 1992 Sam Levine 1992 Alternate Gerald Lehman C/M Schumann 1993 Irwin Goldwein Joe Schreiber Anthony Sylvestri 1992 Harold Rosen 1992 Alternate William Sherman C/W Glasser 1993 Joe Schreiber Anthony Sylvestri Harold Rosen 1992 William Sherman 1992 Alternate Dr. Alfred Wald Mayor Abramowitz 1993 Joe Stokvis Abe Garr Anthony Sylvestri 1992 Joe Schreiber 1992 Alternate Harold Rosen TAPE 3 With further discussion and nominations the results were as follows: 1993 Joe Schreiber Anthony Sylvestri Harold Rosen 1992 Sam Levine 1992 Alternate William Sherman City Attorney Ruf read Temp. Reso. #6049 in its entirety including the newly appointed Planning Commission members. C/W Glasser MOVED to APPROVE Temp. Reso. #6049 as amended, SECONDED by V/M Bender. VOTE: ALL VOTED AYE Community Development 11. MOTION TO ADOPT Temp. Reso. #6048 authorizing the appropriate City officials to execute a Tri- Party Agreement between Broward County, Florida Power & Light Company and the City of Tamarac to allow FP&L to obtain building permits prior to recordation of the CONSERVATION SUBSTATION PLAT. SYNOPSIS OF ACTION: RESOLUTION R-91-85-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6048 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6048, SECONDED by V/M Bender. Ms. Carpenter said this is an application by Florida Power and Light Company to receive City approval of an agreement that would be between the City, Broward County and FP&L which would allow FP&L to pull building permits for the Conservation Substation prior to the Conservation Substation plat being recorded. She said the Broward County Land Use Plan and the Broward County Charter give the County, County-wide platting authority. She said under this platting authority, the County requires that municipalities may not issue building permits unless a plat is recorded in the public records of Broward County. She said the platting regulations of Broward County allow deviation from that requirement. She said once a plat has been approved by the City and the County, an applicant may seek an agreement among the three parties described previously, to pull the building permit while the plat is in the process of being recorded. She said Staff sees no reason to object to this application by FP&L. C/M Schumann asked what the time period is for the plat to be recorded and Ms. Carpenter said she has no indication of when this might be; however, the applicant is present to answer such questions. Robert Huebner, representative of FP&L, said there is no date available at present due to a title matter being handled. He said FP&L has had a court ruling that he will give the names of the beneficiaries. He said that was appealed at the Fourth District Court who upheld FP&L's affirmative decision and those names are forthcoming and have been given to FP&L. He said he would like to guess that within a month or two this will be cleared up. C/M Schumann asked where the City stands in the event that this plat cannot be recorded and the City pre- approves this. Mr. Huebner said where it stands is it will be FP&L's obligation to take down whatever has been put up according to this agreement. He said he does not see that happening under nearly any circumstances because of the authority of FP&L. He said FP&L can even condemn that land on another procedure that would take longer. He said FP&L is obligated under agreements to have that recorded by December, 1991 and, if not, the plat would not be any good. He said this agreement requires FP&L to remove anything that has been built. C/W Glasser asked City Attorney Ruf if he sees the City having any problem with this pre-approval at present. City Attorney Ruf said the City has approved similar agreements in the past. He said he knows of no problem that the City has had with any prior approved agreement and he feels the City has had a good working relationship with FP&L on this situation. He said he would expect that the provisions that require FP&L to remove anything that they have put in if they do not get their plat approval is a guarantee that the City will be safe in approving this agreement. VOTE: ALL VOTED AYE General Administrative 12. MOTION TO ADOPT Temp. Reso. #5876 authorizing the appropriate City officials to execute a Tri- Party Bus Shelter Agreement between the Florida Department of Transportation (FDOT), Florida Power & Light Company (FP&L) and the City of Tamarac to access electricity for bus shelters from FDOT street lighting circuits (tabled on 9/26/90). SYNOPSIS OF ACTION: RESOLUTION R-91-86-PASSED APPROVED City Attorney Ruf read Temp. Reso. #5876 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #5876, SECONDED by C/M Schumann. City Manager Kelly said that Dan Wood, Chief Building Official, has spent approximately two years on this project negotiating with Public Advertising, Inc., FP&L, FDOT and attorneys trying to get this accomplished. He commended Mr. Wood for the work he has done. Mr. Wood said the City has an agreement with Public Advertising, Inc. to provide illuminated bus shelters throughout the City. He said several areas, including the west sides of University Drive and State Road 7, have no available electric other than street pole lighting. He said FP&L cannot sell electric to a commercial entity from these pole lines and; therefore, necessitated this Tri-Party agreement with the City, as the customer, FP&L and the FDOT. He said the Building Department recommends approval of this agreement. V/M Bender asked if the City will be buying the electricity and reselling it to the advertising firm and Mr. Wood said, yes. V/M Bender said he feels it is in order for the City to request a deposit from the advertising company. City Attorney Ruf said he feels this may be so and would be in the next item which is the agreement the City has with Public Advertising, Inc. Mayor Abramowitz said the City is going to receive $250.00 for every shelter that the electricity is brought to. He said a contract was signed a few years ago where the City did not receive any money from Public Advertising, Inc. He said the City receives $500.00 per year for each bus shelter within the City at present and, if this agreement is passed, the City will receive an additional $250.00 for each lit bus shelter. C/W Glasser asked how the City knows that $250.00 is enough or too much for the charge of the electricity. City Attorney Ruf said this will be answered in the next item. He said this is just an agreement between FP&L, FDOT and the City. VOTE: ALL VOTED AYE 13. MOTION TO ADOPT Temp. Reso. #6050 authorizing the appropriate City officials to execute an Amendment to the Agreement between the City of Tamarac and Public Advertising, Inc., for erecting and maintaining bus stop shelters within the City. SYNOPSIS OF ACTION: TABLED City Attorney Ruf read Temp. Reso. #6050 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6050, SECONDED by V/M Bender. C/M Schumann asked if the current monthly usage of electricity will be paid by the contractor and if the $250.00 is just a fee the City receives. Mayor Abramowitz said the $250.00 is a fee the City is charging. C/M Schumann said it states in the agreement that if Public Advertising, Inc. uses more than $250.00 in electricity, the City will bill them and if less than $250.00 is used, the City is to remit back to them. He asked if the $250.00 is for electric usage. Mr. Wood said the $250.00 was set up as a deposit escrow of which FP&L gave the City an estimation as to how much electric would be required for each shelter and from that escrow, the bill from FP&L would be paid. C/M Schumann said the City would be paying the electric bills monthly and Mr. Wood agreed. C/M Schumann said it states in the agreement that if it exceeds $250.00, Tamarac shall then bill the contractor for the balance at reasonable intervals per interval. He said he wants to make sure the City collects any money that is incurred over the $250.00. Mr. Wood said the $250.00 was based on a period of a year for each shelter and at any particular point in time, the City can bill them if the City sees that the money is running behind. Mayor Abramowitz said he is not satisfied with this. C/M Schumann said this seems to be very vague. He said the City is receiving $250.00 and if the electricity runs over, the City bills them and if it goes less, the City reimburses them. Mr. Wood said this results because of the agreement that FP&L cannot bill the contractor and must bill the City. He said the City is trying to set up a means of assuring that Public Advertising, Inc. would be paying for this electricity. C/W Glasser asked how the usage of electricity is monitored. Mr. Wood said there will be a meter placed on each shelter for which Public Advertising, Inc. pays for the cost of installation. C/W Glasser said she understood that this would be running off of the street lights and Mr. Wood said it would be accessed from the street lighting pole through a hand hole at the base of the pole where there will be a meter and transformer. C/M Schumann asked if these shelters will remain lit all night or turn off at a specific time and Mr. Wood said they would remain lit all night. Mayor Abramowitz said he feels it is important that these shelters be lit. He asked if the $250.00 is going to be applied to the electric bill or is it an additional fee for the City to allow them to put electric in these shelters. City Attorney Ruf said it is a deposit to be used as a credit against the cost of supplying the electricity and it is not an additional fee. Mayor Abramowitz asked why the City cannot make the deposit higher and City Attorney Ruf said that is an option available to Council. Mayor Abramowitz asked why the City should take a chance on doing a billing program and refund them the unused money at the end of the year. He said he would rather hold their money than having to look for the money from the vendor. Mr. Wood said presumably the City will be receiving the bills monthly and will be able to tell if the electricity is running above or below the estimated amount. City Manager Kelly said FP&L's prediction is below $20.00 per month. Mayor Abramowitz asked if Staff is going to be tabulating electric bills and not getting paid for it. He said he likes the safety factor of having electric; however, he cannot vote for this as is. He said he feels this needs to be reworked. C/W Glasser asked if the City is getting paid for the currently lit bus shelters and Mr. Wood said this tri-party agreement was strictly for those areas where there was no private electric, such as parking lot lighting poles that could be accessed. He said this is a case where there is no lighting. C/W Glasser asked if the existing bus shelters are using electricity that the City is paying for and Mr. Wood said, no. V/M Bender asked how many bus shelters are there at present that electricity is being used and paid for by the owner of Public Advertisement, Inc. and Mr. Wood said approximately 21. V/M Bender asked how many there are that do not have electricity that this agreement is to cover and Mr. Wood said eight or ten, which is a small percentage. Mayor Abramowitz said there may be ten at present, but there may be more bus shelter installed later. City Manager Kelly said the City has been trying to put additional bus shelters in different areas in the City. He said Public Advertising, Inc. has been unable to do that because they have been unable to get the electricity to provide the lighting at night on University Drive. He said in order to move ahead with the direction from Council to install more bus shelters in the areas in which they are needed, the electricity needs to be accessed through the City. He said FP&L has projected that, based on existing bus shelters, this will be at a rate of approximately $250.00 per year. V/M Bender asked if the $250.00 is more or less what the vendor needs for this. Mayor Abramowitz asked why the City should have to go through a series of bookkeeping and not get paid for it and C/M Schumann agreed. Mr. Wood said the City will be receiving a fee of $500.00 per year for each bus shelter that is built and Mayor Abramowitz said the City receives that $500.00 anyway. Mayor Abramowitz said he is unhappy with this arrangement as is. He said he feels this has not been drawn in a way to benefit the City. He said he would like more work and more direction of Council going into this. He suggested that the deposit amount be higher, such as $350.00 or $375.00. City Manager Kelly suggested this item be tabled. Mayor Abramowitz said he wants Public Advertisement, Inc. to pay for this service that is definitely needed. C/M Schumann MOVED to TABLE Item 13, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 14. MOTION TO ADOPT Temp. Reso. #6051 establishing fees for use of the RECREATION CENTER and MULTI-PURPOSE CENTER during evening hours. SYNOPSIS OF ACTION: RESOLUTION R-91-87-PASSED APPROVED as amended. City Attorney Ruf read Temp. Reso. #6051 by title. Assistant City Manager Couzzo said this is similar to the Resolution that was passed by Council, approving Recreation Center use fees during the day. He said this Resolution is for the fees during the evening which reflects an approximate differential of a position with 15% added onto the rates that were previously approved. Mayor Abramowitz said he has received numerous phone calls that this has come into being and he feels this is a marvelous service that the City is providing to the residents. V/M Bender MOVED to APPROVE Temp. Reso. #6051, SECONDED by C/M Schumann. C/M Schumann asked if the Multi-Purpose Center and the Recreation Center will be opened on Sundays and Assistant City Manager Couzzo said the Parks and Recreation Department is studying those possibilities at present. Assistant City Manager Couzzo said there have been requests from the Tamarac Athletic Federation because of the enrollment in the basketball program for which they have received 195 registrations. Mayor Abramowitz said after opening the children's basketball league, the Tamarac Athletic Federation has 25 teams in one week. C/W Glasser said she would like to see a better description of the wording, "annual fee". Assistant City Manager Couzzo said the annual fee is based on a once a month use on a 12-month basis. VOTE: ALL VOTED AYE ORDINANCES General Administrative 15. MOTION TO ADOPT Temp. Ord. #1544 on first reading establishing a service charge for processing requests for lien information and preparation. SYNOPSIS OF ACTION: Approved on first reading. Public hearing and second reading will be held on May 22, 1991 at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1544 by title. City Manager Kelly said the City Clerk's office receives requests throughout the year from title companies or attorneys to search City records for any liens that are imposed by the City. He said some time is spent researching these liens and the inquiries are then forwarded to Customer Service to search for any unpaid utility bills or assessments. He said the City of Sunrise is charging $25.00 for each inquiry or folio number. He said in the first three months of 1991, the City had 19 such requests and in 1990, there were 91 requests, in 1989, there were 77 requests and in 1988, the City had 298 such requests. City Manager Kelly said the City Clerk's office has recommended that the City review this to try and recoup some of those costs and he recommended approval. He suggested a minimum of $25.00 with $25.00 per hour additional time. C/M Schumann MOVED to APPROVE Temp. Ord. #1544, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 16. MOTION TO ADOPT Temp. Ord. #1543 on first reading to adopt Parts I and II of Chapter 162, Florida Statutes, concerning the Code Enforcement Board. SYNOPSIS OF ACTION: Approved on first reading. Public hearing and second reading will be held on May 22, 1991 at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1543 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1543, SECONDED by C/M Schumann. City Manager Kelly said Council held a workshop meeting and City Attorney Chris Carsky discussed this. He said he feels this helps the City, process is more efficient, and the Broward County form of citation issued requires payment or appearance for trial rather than for appearance first for arraignment and then for a later scheduled trial. He said this all moves toward a greater compliance to the Code and he recommended approval. VOTE: ALL VOTED AYE 21. MOTION TO ADOPT Temp. Reso. #6034 granting a waiver to the Sign Code to allow a permanent ground directory sign to be located in the right-to-way of State Road #7 for LAKESIDE PLAZA, 5481 N. State Road 7. (Tabled from 4/10/91 Regular Council meeting) SYNOPSIS OF ACTION: RESOLUTION R-91-88-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6034 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6034, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 24. MOTION TO ADOPT Temp. Ord. #1545 on first reading increasing the Planning Commission from five (5) to seven (7) regular members and from one (1) alternate to two (2) alternate members. SYNOPSIS OF ACTION: Agendized by Consent and APPROVED on first reading. Second reading and public hearing will be held at the May 22, 1991 Council meeting at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1545 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1545, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 25. MOTION TO ADOPT Temp. Ord. #1546 on first reading repealing Section 6 of the Ordinance from 1976 which made Florida Power & Light tax exempt. SYNOPSIS OF ACTION: Agendized by Consent and APPROVED on first reading. Second reading and public hearing will be held at the May 22, 1991 Council meeting at or after 9:00 a.m. City Attorney Ruf read Temp. Ord. #1546 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1546, SECONDED by C/M Schumann. V/M Bender referred to Ordinance 76-57 concerning the legality of Section 6 contained therein. He said it is this section that previously presiding Tamarac Council members granted FP&L the exemption from paying any personal property and real estate taxes to the City of Tamarac. He said a Florida Supreme Court ruling in Lykes Brothers vs. the City of Plant City held that a municipality lacks power to contract away its taxing authority over property used for private purposes. He requested the amendment of Section 6 of Ordinance 76-57, to delete the waiver of tax exemption since it apparently was illegally done. Mayor Abramowitz said he has no objection to this request. He said he received a five-page Ordinance and has not been able to review it at present. He said he understands that it is basically what the City had in the past with a new provision added. He said at the last Board of Directors meeting of the Broward League of Cities, the City of Hollywood instituted this lawsuit against FP&L. He said every City of the 28 cities present generally agreed with the City of Hollywood, but did not want to go into litigation. He said they wanted to let the City of Hollywood fight it out and if they won, the other cities would follow in their footsteps. Mayor Abramowitz said he would like to know more about what he is voting on and he would like to have some legal research on this situation. V/M Bender said he researched this thoroughly and he feels it is necessary for Tamarac to repeal that part of the Ordinance which would give the City the ability to enter negotiations with the legal aspects against FP&L at a reduced rate because Tamarac would be riding along with Hollywood. He said if Tamarac does not repeal this, the City would be losing a lot of time. He said there are three lines in the Ordinance with which the City gave away the right to collect personal property and real estate taxes from FP&L. He said they are paying the City at present approximately $100,000.00 per year. He said with the new substation, it could go close to $250,000.00 per year. He said the City has the right to amend City Ordinance franchise agreements. Mayor Abramowitz said he cannot vote without a Council workshop for more information and Council will be having workshop meetings on other items that are far less important than this. TAPE 4 City Attorney Ruf said he feels that the escape valve that Council has is the effective date of the Ordinance which is either at acquiescence by FP&L in the change or a decision by the appropriate court that declares the privilege of offsetting real property taxes against the franchise fee as being inappropriate and unconstitutional. He said the effective date is postponed until either FP&L agrees or until the court says the City is properly interpreting this as unconstitutional. C/M Schumann asked if Council reappealled this portion of the Ordinance, would the City have any legal basis for forcing FP&L to pay the City the ad valorem. City Attorney Ruf said not until one of those two events are finalized. He said this is first reading and there will be time between first and second reading to address any problems. He said the Ordinance which changes the franchise agreement is not going to be effective until either FP&L agrees or a court of competent jurisdiction indicates that what the City has done is appropriate. City Attorney Ruf said the attorney for the City of Hollywood invited the City of Tamarac to participate in the costs of the lawsuit. He said that lawsuit has not yet been filed. C/M Schumann asked if the three lines in Section 2 will be removed if Council passes this at present. City Attorney Ruf said Section 2 states that FP&L will not any longer be able to use as a credit against the franchise fee, the real property and personal property taxes; however, the effective date is postponed until either FP&L agrees or the courts have indicated that the action the City has taken is appropriate. Mayor Abramowitz said he is going to assume that FP&L is not going to agree. He asked if there is anything wrong with the City waiting another week or two to gather a little more information. V/M Bender said Council will have the two weeks with the second reading. He said if something surfaces by the second reading, Council can change their minds. He said he feels it is beneficial to the City to join the City of Hollywood in their litigation based upon his personal investigation of the situation which would be a separate issue. C/W Glasser said if Council votes on this at present it will be a first reading and there will be a second reading. City Attorney Ruf said Council must have a second reading and a public hearing before this Ordinance will be effective. VOTE: C/W Glasser - AYE V/M Bender - AYE C/M Schumann - AYE Mayor Abramowitz - NAY REPORTS 22. City Council C/M Schumann - No report. C/W Glasser said she has been inundated with many phone calls and letters from residents that use the City's public parking facilities. She said she understands that Council has voted and passed new fees; however, it may be possible that Council was a little too quick. She said an 80% increase and the elimination of a yearly fee for a two month exemption seems to be a bit exorbitant. She requested City Manager Kelly supply Council with a report on what the City's costs have been to maintain this area and what the income was during the same period of time. She said she feels that Council is almost forcing some people out and possibly giving them a reason to violate the City Code. C/W Glasser said she had voted for sidewalks. She said she agrees that sidewalks are desperately needed; however, when the City had its Referendum in 1990, the City residents voted against sidewalks. She said she cannot see how Council can vote to pay for sidewalks in any particular area. She said there are many areas within the City that have the same problems that Spring Lakes has and she would like all of them to get sidewalks in some future time. C/W Glasser said she would like to see a new Referendum go on with a better explanation to the people so they understand it and; therefore, everyone can benefit from the sidewalks. She said the area, 4J, voted down sidewalks. She asked that Council look into working up another Referendum to put it back on the ballot one more time. V/M Bender said he would like to report on the progress of the City looking into getting a cable television service. He said the City sent out 13 letters to companies who do turn-key operations which is where a company takes over the construction, building and completion of a TV cable system and gives the City the key to walk in and operate the company. He said the City is researching all aspects as to the possibility and probability of customers that would go with the City's cable television company. He said the City should have some definite facts within the next few weeks. Mayor Abramowitz said in the past couple months, City Manager Kelly's plans for reorganization have come before Council. He said the first time this was brought before Council and Council agreed with it, there were a few people who were unhappy with the reorganization. He said everyone is entering into difficult times and the choices are not easy. He said most of the cities in the newspaper are having layoffs. He said the City of Tamarac is anxious not to have layoffs. He said City Manager Kelly has been reorganizing Staff for the past year. Mayor Abramowitz said the Broward Legislation Committee has tried to pass legislation in Tallahassee allowing the cities to collect for occupational licenses from the City and the County; get the money, charge the County a percentage for collection fee and pass the money to the County. He said City Manager Kelly had told him that he was working on a reorganizational plan for Code Enforcement. He said he was very pleased about City Manager Kelly's reorganization plan in that area. Mayor Abramowitz said City Manager Kelly's reorganization plan took occupational licenses from Planning and Zoning and put it into the Code Enforcement Department. He said there was a sweep by Code Enforcement beginning on April 1, 1991 and the revenue in April for people who do not have occupational licenses in Tamarac brought $16,000.00 into the City. He said the reorganization that City Manager Kelly has done and is proposing is a way for the City to cope with the difficult times at present. He said if the City receives the revenue this is a plus. He said the only option the City has is the ad valorem taxes. He said last year, the City of North Lauderdale's taxes increased 76%. He said the City is trying very hard to provide the services and not the taxes. He said he is pleased with the reorganization at present. 23. City Manager City Manager Kelly said Council will need a workshop meeting to discuss a reorganization proposal he has developed. He said it would be preferable to have a full Council present. City Manager Kelly said he was faxed a report from the County on the cleanup of the old Public Works site. He said the Broward County Office of Natural Resource Protection has approved the Remedial Action Plan (RAP) for the former site and is being forwarded to the State of Florida Department of Environmental Regulations. He said normally it takes 10 to 15 days from that date, but he was contacted by the County Administrators Office and they have advised him that they are rather confident that they expect that result to come back next week. He said the City has a tentative time schedule to have the final cleanup on or about July 5, 1991. City Manager Kelly requested that Council consider setting up workshop meetings regarding the sale of the old City Hall. City Manager Kelly said he does not ordinarily respond to criticisms from the public; however, Mr. Rekuc's comments were exaggerated and are a tremendous disservice to the employees of the City, in particular, Mr. Couzzo, who he has singled out. He said he feels Mr. Rekuc is wrong in this. He said he has great confidence in Mr. Couzzo and Mr. Mack. He said their handling of the personnel actions of the City has been proper and reviewed. He said Mr. Rekuc has been bringing up issues that are three years old or more. 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