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Home My WebLink About1991-04-24 - City Commission Regular Meeting Minutesш╔-x @ - ─ ] ≤ ╜бG √ ■ю t ю t t юt юt юt юt ю ┌ ю┌ ю┌ ю┌ ю┌ ю▓ ю: л ю@ а аA MбM б( u бy бy бy бy бy бy бy бy бy бy бy бy бy б4 ╜б ╜б ╜б C ITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 24, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, April 24, 1991 at 9:00 a.m. in the Council Chambers of City Hall. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser 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 Helen Solomon, who is going to have surgery and whose husband has been very active in civic affairs for the City. He also requested a prayer of thanks for the return of the men and women from the Middle East and a prayer of thanks for the 43rd Birthday Celebration of Israel. *********************************************************************** 8. i. 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. SYNOPSIS OF ACTION: REMOVED from Consent Agenda due to the fees not being paid. V/M Bender MOVED to REMOVE Item 8.i. from the Consent Agenda due to lack of payment of fees, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 10. 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). SYNOPSIS OF ACTION: TABLED at the request of City Manager Kelly. V/M Bender MOVED to TABLE Item 10 at the request of City Manager Kelly, SECONDED by C/M Katz. VOTE: ALL VOTED AYE INTRODUCTION 1. PRESENTATION by City Manager Kelly of service awards to the following employees: Fred Hoffman - Building Department (5 years) Jackie Irizzary - School Crossing Guard (5 years) Charles Turner - School Crossing Guard (10 Years) Lt. Frank Knapfel - Fire Department (15 years) SYNOPSIS OF ACTION: Presentations were made by City Manager Kelly. City Manager Kelly presented awards to Fred Hoffman and Lt. Frank Knapfel. Jackie Irizzary and Charles Turner were on duty and not present at this time (See below). 2. PRESENTATION by Mayor Abramowitz of plaques to BRUCE HOFFMAN and HENRY ROHR in recognition of their many accomplishments while serving on the City Council. SYNOPSIS OF ACTION: Presentations were made by Mayor Abramowitz. Mayor Abramowitz presented plaques to Mr. Hoffman and Mr. Rohr. Mr. Rohr said he misses working with the employees of the City. Mr. Hoffman expressed his appreciation and said he also missed working with the employees. 3. PRESENTATION by Mayor Abramowitz of Certificates of Appreciation to DAVID KRANTZ and MORTON WINTER in recognition of their many accomplishments while serving on the Planning Commission. SYNOPSIS OF ACTION: Presentations were made by Mayor Abramowitz. Mayor Abramowitz presented the Certificates to Mr. Krantz and Mr. Winter. Mr. Krantz expressed his appreciation. 4. PRESENTATION by Mayor Abramowitz of a proclamation designating April 26, 1991, as "ARBOR DAY". SYNOPSIS OF ACTION: Presentation was made by Mayor Abramowitz to Assistant City Manager Dina McDermott, Assistant Public Works Director, Alan Levine, and Assistant Development Review Planner, Abbe Hoctor. Mayor Abramowitz asked Connie Ovell to join him in the front of the Chambers; however, Ms. Ovell was not present. He asked Assistant City Manager, Dina McDermott, Assistant Public Works Director, Alan Levine, and Assistant Development Review Planner, Abbe Hoctor, to join him and presented the proclamation. Assistant City Manager McDermott said the City of Tamarac, in conjunction with the Tamarac Elementary School, will have Arbor Day festivities on Friday, April 26, 1991 at 10:00 a.m. at the Tamarac Multi-Purpose Center. 5. PRESENTATION by Mayor Abramowitz of a proclamation designating May 13-20, 1991, as "UNITED WAY OF BROWARD COUNTY AWARENESS DAY". SYNOPSIS OF ACTION: Presentation was made by Mayor Abramowitz to Ms. Waldman. Mayor Abramowitz presented the proclamation to Ali Waldman on behalf of the United Way of Broward County. Ms. Waldman expressed her appreciation for the City's support for the United Way. 1. PRESENTATION by City Manager Kelly of service awards to the following employees: Fred Hoffman - Building Department (5 years) Jackie Irizzary - School Crossing Guard (5 years) Charles Turner - School Crossing Guard (10 Years) Lt. Frank Knapfel - Fire Department (15 years) SYNOPSIS OF ACTION: Presentations were made by City Manager Kelly. City Manager Kelly presented service awards to Jackie Irizzary-School Crossing Guard (5 years) and Charles Turner-School Crossing Guard (10 Years). 6. 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 regarding the open positions for the various boards and committees. PUBLIC PARTICIPATION 7. 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. Samuel Kaplan, resident of Spring Lake 1, expressed his concern regarding the need for a sidewalk on Southgate Boulevard. He requested that Council consider placing a sidewalk on Southgate Boulevard so that the residents do not have to walk in the gutters or the grass. He said since the Coral Springs Bridge has opened there is a lot more traffic and they speed at approximately 60 m.p.h. in order to beat the light at Pine Island Road. Mr. Kaplan said there are many red ants in the grass and he was attacked by the red ants. Mayor Abramowitz said he will request the sidewalk on the next Agenda. Arthur Ormont, President of Spring Lake 1 Homeowner's Association, said the request for this sidewalk is not exclusively for Spring Lakes. He said this location is a heavily travelled thoroughfare and is needed for safety. He said for some unexplainable reason, a portion of this sidewalk was left out. He said it has been fortunate that nobody has been hit by a car. Melanie Reynolds, resident, said when she filed a complaint with the State Attorney's office regarding violations of the Sunshine Law by not allowing the public to speak at meetings, an assistant attorney wrote to City Attorney Ruf quoting pertinent portions of the Sunshine Law. She said City Attorney Ruf agreed with the State Attorney's office that the public could participate in the Council meetings. She said the public must be informed that the public is permitted under the Sunshine Law to be participants in all meetings and to speak on those subjects appearing on the Agenda. She said the Mayor must see that the public has a chance to be present and to be heard. Harold Newman, resident of Westwood 23, said he feels it is commendable that the City issues service awards to the people who have served the City; however, he feels that these awards are given to those people who support the administration. He said he served on the Board of Adjustment since 1977, with the exception of two years, and has never received a service certificate. Mayor Abramowitz said he will research this and feels that everyone who serves in a volunteer capacity, is entitled to a certificate. C/M Katz said he resigned from the Code Enforcement Board and has not received a certificate either. Mayor Abramowitz said Mr. Newman was given some pins and Mr. Newman said the reason he was given the pins was because only the officers of the President's Council were being given the pins and he had remarked that this was discrimination. Walter Rekuc, resident, said he heard about the City of Tamarac hiring an employee without an application and with a 50% increase in pay. He said he investigated and found that on September 24, 1990, a division supervisor for the Recreation Department was hired at $27,377.00 per year, which is above the top salary range for the position. He said the new employee received a 43.2% increase over his base salary at the previous employment. He said on October 1, 1990, the Finance Director submitted the status as being in the budget and employee number was assigned. He said on October 4, 1990, the employee completed the employment application. He said the position was posted on October 2, 1990, after the employee was hired which is in violation of the City Union contract. He said the position was advertised on October 7, 1990 for a one-day period at a cost of $101.00 with no closing date. He said he feels this was a fault and scam by the City's Personnel Department. Mr. Rekuc said there were two City employees and 15 outside applicants who applied for the position. He said the applicants travelled on their own expense as far as Alabama in response to the phoney advertisement. He said none of the applicants were interviewed by one or two levels of management. He said a few of the applicants met the new employee's relative which was an insult to the applicants. He said the new employee had discrepancies on his application as to employment dates, title of positions held, the names and titles of immediate supervisor, duties of position and he failed to complete the questions and other data. Mr. Rekuc said a Human Resource Department, operating out of a chiropractors office, was contracted to investigate work on the employee before he completed an application. He said the same chiropractor performs physicals for employees. He said he feels there is no need for this separate Human Resource investigation and there is no other City that spends that kind of money. He asked how much money the City spent for this service in the past two years. Mr. Rekuc said he feels the City has cheated its employees, the 19 applicants, and the taxpayers, by not hiring the most qualified candidate. He said the City has lost an employee who was one of the applicants and had failed to be given any consideration. He said the City lost a very valuable, long-term employee. He said he feels the City has discriminated against its valued employees, citizens of Tamarac applying for this position, the veterans, female applicants, racial discrimination and Union employees. Mr. Rekuc recommended that the City terminate the employee, due to discrepancies on his application and eliminate the Personnel Director and Public Works Director for the fraudulent activity which places a shadow on the City of Tamarac. He said he feels both have violated State Statutes, Federal Laws and ethical hiring practice. He said he has been told that the Personnel Director is a personal friend of the Mayor, but there is a question to his capability to work in Personnel. He recommended the City investigate the premiums made to the Human Resources Development as to who authorized and approved this expenditure. He said he feels that Government agencies should be notified of the violations incurred and the corrective action taken. Mr. Rekuc said he feels the City should notify all of the applicants of the fraudulent activity by the City, schedule the applicants for an interview by management and reimburse all of the applicants for the costs incurred in replying to the fraudulent advertisement. He said he is concerned as to the method of spending City money and the quality of the expenditures. He said he feels Personnel Director Peter Mack's letter of regrets, dated October 24, 1991, needs to be recalled. CONSENT AGENDA 8. Items listed under Consent Agenda, Item 8, 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 3/20/91 Special City Council 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 TAMARAC GARDENS in Building 12, Unit 107, for a six-month period from 6/13/91 to 12/13/91. SYNOPSIS OF ACTION: APPROVED c. MOTION TO APPROVE renewal of a model sales permit, waiver of the 300-foot distance requirement for issuance of certificates of occupancy, and waiver of ten (10) temporary parking spaces for DEVON, Building E, Units 115 and 116, for a six-month period from 6/13/91 to 12/13/91. SYNOPSIS OF ACTION: APPROVED d. MOTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six-month period from 5/11/91 to 11/11/91. SYNOPSIS OF ACTION: APPROVED e. MOTION TO APPROVE renewal of a model sales permit for MISSION LAKES/CORAL CREEK in Unit 107 at 6900 Southgate Boulevard for a six-month period from 5/24/91 to 11/24/91. SYNOPSIS OF ACTION: APPROVED Community Development f. MOTION TO ACCEPT the donation of six mahogany trees from NICHOLAS A. CASSAS. SYNOPSIS OF ACTION: ACCEPTED g. MOTION TO ADOPT Temp. Reso. #6038 transferring a special exception for a restaurant from Plate Enterprises, Inc., to V.T., Inc., for the Five Star Restaurant in THE SHOPS OF TAMARAC at 8695 W. McNab Road. SYNOPSIS OF ACTION: RESOLUTION R-91-70-PASSED APPROVED h. MOTION TO ADOPT Temp. Reso. #6043 transferring a special exception for a restaurant from Al's Chicken to Roti Max Boca Corporation Gourmet Chicken Rotisserie at WOODMONT SQUARE, 7178 N. University Drive. SYNOPSIS OF ACTION: RESOLUTION R-91-71-PASSED APPROVED Engineering/Utilities j. 1. MOTION TO ACCEPT a Water and Sewer Developers Agreement offered by Prospect Commercial, Inc., for the AUTO CARE CENTER PHASE II project. 2. MOTION TO ADOPT Temp. Reso. #6025 approving a Blanket Public Safety Ingress/Egress Easement offered by Prospect Commercial, Inc., for the AUTO CARE CENTER PHASE II project. 3. MOTION TO ADOPT Temp. Reso. #6026 approving a Public Utility Easement offered by Prospect Commercial, Inc., for the AUTO CARE CENTER PHASE II project. 4. MOTION TO ADOPT Temp. Reso. #6027 approving a Partial Subordination of Encumbrance to Property Rights offered by Boca Bank for the AUTO CARE CENTER PHASE II project. RESOLUTION R-91-72-PASSED RESOLUTION R-91-73-PASSED SYNOPSIS OF ACTION: RESOLUTION R-91-74-PASSED APPROVED j.1.,2.,3. & 4. Fire Department k. MOTION TO APPROVE the attendance at the National Fire Academy in Emmitsburg, Maryland, of James Budzinski April 22- May 3, 1991, and Rex Van Mehren May 27- June 7, 1991, with registration, travel and lodging expenses being paid by the Fire Academy. SYNOPSIS OF ACTION: APPROVED V/M Bender MOVED to APPROVE the Consent Agenda, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE CONSIDERATIONS Public Works 9. MOTION TO APPROVE final payment in the amount of $40,347.57 to Toro Engineering and Construction Corp. for construction services at the MULTI-PURPOSE CENTER project. SYNOPSIS OF ACTION: APPROVED C/M Katz MOVED to APPROVE Item 9, SECONDED by C/M Schumann. City Manager Kelly said the project has been successfully completed and the work is satisfactory. He said the Certificate of Occupancy has been received and all the releases of liens have been submitted to the City Clerk's Office. He recommended approval. C/M Katz said there is a maintenance bond remaining and City Manager Kelly said a 10% maintenance bond is retained. VOTE: ALL VOTED AYE RESOLUTIONS City Council 11. MOTION TO ADOPT Temp. Reso. #6030 appointing four (4) members to the REDISTRICTING COMMITTEE pursuant to Section 6.03 of the Charter. SYNOPSIS OF ACTION: RESOLUTION R-91-75-PASSED APPROVED Appointing the following to terms to expire on February 26, 1992: District 1 - Helen Massaro District 2 - Oscar Brawer District 3 - Joe Schreiber District 4 - Ben Sonkin City Attorney Ruf read Temp. Reso. #6030 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6030, SECONDED by V/M Bender. Mayor Abramowitz said the Charter calls for a selection of a Redistricting Committee of which four members are to be selected by the Charter Board and four members to be selected by the City Council and between the eight members, they will select another member to make it nine and the Board will then select a chairman. He said he has given up his selection due to only four members to do the selecting as follows: APPOINTEES District 1 C/M Katz..................Helen Massaro District 2 C/M Schumann..............Oscar Brawer District 3 C/W Glasser...............Joe Schreiber District 4 V/M Bender................Ben Sonkin Mayor Abramowitz read the appointees made by the Charter Board as follows: District 1................Jerome Fordin District 2................Dr. Al Wald District 3................Carl Alper District 4................Sharon Machek Mayor Abramowitz said these are the appointees and they will be notified of their first Redistricting Committee meeting. TAPE 2 VOTE: ALL VOTED AYE Engineering/Utilities 12. MOTION TO ADOPT Temp. Reso. #6024 authorizing the appropriate City officials to execute an Emergency Water Agreement with the City of North Lauderdale in the event of a water system failure causing an emergency in either City. SYNOPSIS OF ACTION: RESOLUTION R-91-76-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6024 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6024, SECONDED by C/M Schumann. City Manager Kelly said Bob Foy, Director of Engineering/Utilities, has announced his retirement effective April 30, 1991. He presented a plaque to Mr. Foy for his service to the City. He said there will be a small party to be held for Mr. Foy by the employees. Mayor Abramowitz expressed his appreciation to Mr. Foy for his work and services with the City. C/M Katz said all of his contacts with the Engineering Department were always favorable and he expressed his appreciation to Mr. Foy. Bob Foy, Director of Engineering/Utilities, expressed his appreciation to the Council and to everyone in the City. Mr. Foy said this is an inter-local agreement that is requesting authorization from Council for the appropriate City official to sign. He said this agreement will provide for an additional 12-inch water inter- connect with the City of North Lauderdale. He said the City has an existing 8-inch inter-connect, but that will only provide approximately one million gallons per day compared to the 12-inch inter-connect providing up to three million gallons of water per day to exchange between the two cities. He said the Broward County Health Department strongly supports an inter-connect such as this and he recommended approval. VOTE: ALL VOTED AYE Mayor Abramowitz said the party being held for Mr. Foy is not going to be paid for by City funds and everyone will be paying for their own dinner. General Administrative 13. MOTION TO ADOPT Temp. Reso. #6042 awarding Bid #91-02 to Countywide Printing, Inc., for the annual printing of the City newsletter "Tam-A-Gram" on recycled paper at a cost of $42.00 per thousand for a 4-page issue and $82.00 per thousand for an 8-page issue. SYNOPSIS OF ACTION: RESOLUTION R-91-77-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6042 by title. V/M Bender MOVED to APPROVE Temp. Reso. #6042, SECONDED by C/W Glasser. City Manager Kelly said there were nine bids received on this which were evaluated and the recommendation came back to go ahead with Countywide Printing, Inc. VOTE: ALL VOTED AYE REPORTS 15. City Council C/M Schumann - No report. C/M Katz said he had discussed with City Manager Kelly and Assistant City Manager McDermott the fact that the City has to pursue development in Land Section 7. He said he reads in the newspaper daily that there is another major national corporation that is moving into Broward and Palm Beach counties and Tamarac is not getting its fair share. He said he feels the City needs to move in a positive direction. C/W Glasser said she had mentioned in a previous Council meeting that the City was remiss in not placing a plaque on the Multi-Purpose Center for Senator Weinstein and Representatives Ben Graber and Peter Deutsch. She said these people were instrumental in securing a large grant which the City received over a period of two years which enabled the City to build the Multi-Purpose Center. She said the plaque has been ordered and the City will be receiving it in a few weeks. She said she feels this is very important because the City will need to look to them in the future for more grants. Mayor Abramowitz said V/M Bender would like to wait until after the Public Hearing for his report. Mayor Abramowitz said he has a letter from the Mayor of Coconut Creek regarding hazardous waste materials seeping into the ground and possible contamination of water. He said the Broward League of Cities has been very instrumental in trying to make sure that the County provides a safe place for the disposal of all of these items. He said Broward County is currently constructing a household hazardous waste collection facility at 2780 N. Powerline Road in Pompano Beach. He said he is pleased that this facility will be far from Tamarac. He said this facility will be open on certain days at least one day per week to every resident of Broward County at no charge. He read a list of products that should not be thrown in the garbage as follows: drain cleaners oven cleaners rug & upholstery cleaners spot removers toilet bowl cleaners disinfectants bleach mildew removers furniture polish shoe polish paint brush cleaners paint thinner paint removers glues permanent markers roof preservatives air fresheners moth crystals insecticides herbicides gasoline used motor oil antifreeze brake fluid button batteries fluorescent bulbs Mayor Abramowitz said these are items that should not be put into the main waste stream of trash. He said he is pleased that Broward County has reacted to the Broward League of Cities. He said he will have the Tam-A-Gram print the schedule for this facility for everyone to be aware of this. Mayor Abramowitz RECESSED and RECONVENED at 10:00 a.m. with all present. PUBLIC HEARING - 10:00 A.M. Community Development 14. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #6037 concerning a request by BONAIRE DEVELOPMENT PARTNERSHIP for a limited parking waiver to approve a site plan which allows for 14 rows of parking with 11 spaces where the City Code limits the number of spaces without a landscape island to 10 for a tennis court addition to the residential complex of WOODMONT TRACT 75, which is located south of NW 78 Avenue, west of University Drive. Petition #21-Z-91. SYNOPSIS OF ACTION: RESOLUTION R-91-78-PASSED Public Hearing was held. APPROVED City Attorney Ruf read Temp. Reso. #6037 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6037, SECONDED by V/M Bender. Kelly Carpenter, Director of Community Development, said this is an application by Bonaire Development Partnership which has developed the Water Place Apartments in Woodmont Tract 75, which is located on the south side of NW 78 Avenue and wraps in behind the Tamarac Elementary School. She said the applicant has requested a limited parking waiver of Section 24.578, Subparagraph b., Subparagraph 1., to approve a site plan which allows 14 rows of 11 parking spaces where the City Code allows no more than 10 spaces without a landscape island. She said this request is being made in order to allow a tennis court addition to the residential complex. Ms. Carpenter said the site plan has already gone through the Plan Adjustment Committee and received approval pending this parking waiver being permitted by the Council. She said the City allows 10 parking spaces in a row and they are requesting 11 in a row before they put in a landscape island. She said they will provide the same amount of parking that is currently in place. She said the City has reduced the requirements for the size of the parking spaces since the time of their site plan approval. She said the Staff and Planning Commission are recommending approval. C/M Katz said he understands that the Council had previously approved 9 x 18 parking stalls in residential areas and Ms. Carpenter agreed. C/M Katz asked if the applicant voluntarily tried to conform to the parking fees suggestion for each parking stall and Ms. Carpenter said that is not currently in place and they did not volunteer that. Melanie Reynolds, resident, said in view of the City Attorney's letter dated April 3, 1991 concerning dual office holding, in reference to David Krantz and Morton Winter, it would seem that the Planning Commission meeting on that day was illegally held. She asked if all votes were rendered null and void with Mr. Krantz and Mr. Winter's votes. She said if the Planning Commission Petition is based on a waiver of Section 24-578- B-1 of the Code, which states that the Planning Commission and Council must determine that under Chapter 11, the landscaping requirements have been met. Ms. Reynolds said this apparently was not determined by the Planning Commission. She said the Petition, although based on Section 24-578-B-1, seems more appropriate based on Section 11-9-B-1 (Multi-Family), which mandates that parking areas shall have no grouping of parking spaces that exceed ten in a row. She asked if it is quite dangerous to squeeze 11 in the same area. She said under Chapter 11, the Code calls for 20 square feet of interior landscaping for every required parking space. She asked if this has been done. Ms. Reynolds asked if the handicapped parking that must be 12 feet in width is involved with this application. She asked if Council has determined if the landscaping requirements have been met. Walter Rekuc, resident, said he feels the City employee should have these plans on display to show what the applicant wants to do. He said he does not feel the Council should consider the application unless there is a picture describing the action to be done. Mayor Abramowitz said the plans are coming up and are being presented after the public speaks because the Petitioner can then have the opportunity to answer any questions that are presented. Larry Kramer, Architect for the project, displayed the presentation. He said in order to build the proposed tennis courts, the parking needs to be readjusted. He said there has been no removal of parking spaces or landscaping. He said the changes do not affect the handicapped parking areas. He said no parking is less than nine feet wide, which is totally within the confines of the City. C/M Schumann asked how the Petitioner is to get around the Code which requires only ten spaces. Mr. Kramer said this is a request for a parking waiver in order to allow the additional one space within 100 feet which will put the project back into compliance and add the tennis courts. Mayor Abramowitz said he feels a tennis court will add to the quality of life to the residents in that area. He said the City has had many of the complexes who have conformed to the new size of the parking spaces. He said he has not received many negative comments about the new sizes. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS REPORTS 15. City Council (continued) V/M Bender said he would like to report on two of the franchise agreements in the City which are Florida Power & Light Company dated back to January, 1977 and Community Antennae Television System franchise agreement dated back to February, 1973. He said neither of these companies were ever audited by the City for a validation of their monetary obligation to the City. He said he had started an investigation for the purpose of seeking an increase of revenues from these companies. V/M Bender said the current Continental Cable franchise agreement states that the City is to receive 3% of the gross revenue earned by the company each year. He said Continental Cablevision has steadfastly stated that they are complying with all of the requirements of their franchise agreement. He said on April 12, 1991, a hand delivered letter was received by City Manager Kelly from Continental Cablevision and the subject of that letter was underpayment of franchise fees. He said the letter further stated that inadvertently, the company underpaid $17,705.00 and submitted a payment of this amount to the City for the period from 1984 through 1990. He said further action is required to seek interest on these funds and to determine whether additional franchise fees are due the City dated back to 1973. V/M Bender said the franchise agreement with FP&L was established by Ordinance 76-57 on January 12, 1977. He said Section 6 of that agreement granted FP&L the right not to pay the City any personal property and real estate taxes. He said the investigation surfaced information which indicates that a previously presiding Tamarac Council may have had no authority to grant any tax benefits. He said a Florida Supreme Court ruling hailed that a municipality lacks power to contract a rate, its taxing authority over property used for private purposes. V/M Bender said the Ordinance that was granted to FP&L involving the franchise agreement, is in part illegal. He said when a final legal determination is made on this case, it may result in an increase of the City's franchise revenue by hundreds of thousands of dollars covering the period from its inception to the present period time. 16. City Manager City Manager Kelly said from the Legislative Appropriations Update, there are some organizations in the area that provide service to the residents of Tamarac that have received funding such as the Area Agency on Aging, the North Broward Regional Health Center and the Community Center for the Elderly. He said the City's request for the appropriation for $150,000.00 for the Senior Service Vans was not funded in this session. City Manager Kelly said the City passed a Resolution to have the speed limits on NW 58 Street from University Drive east to NW 70 Avenue and sent it to the County, the City received correspondence back from the County indicating that a work order had been implemented to get the speed limit changed. 17. MOTION TO APPROVE expenditure of $3,200.00 to KIP CRANE SERVICE for delivery and installation of 100 concrete barriers to place along NW 108 Terrace and McNab Road, provided there is approval from the landowners holding the City harmless. SYNOPSIS OF ACTION: APPROVED City Manager Kelly said in response to the complaints regarding McNab Road and NW 108 Terrace and the chain-link fence, this is a great area for the all terrain vehicles to cut through and the chain-link fence appears to be a challenge to them. He said the City has cited the landowners who have replaced the fence and the City has replaced it on some occasions. He said at present there is approximately 50 or 60 feet of the fence down. He said he had asked at a previous Council meeting if some concrete barriers could be accessed to place in this area. City Manager Kelly said he is pleased to report that the DOT will donate to the City, free of charge, 100 concrete barriers which value $72.00 each; however, the City does not have the capability to transport 100 concrete barriers to the City. He said Kip Crane Service of Miami will be able to deliver and place these concrete barriers, which provides two men to pick them up and place them, at a cost to the City of $3,200.00. He said he feels this would be a worthwhile investment because the City would retain the 100 concrete barriers permanently and could be used throughout the City where needed. He requested authorization to find the $3,200.00 to secure the equipment to have these barriers in the City's permanent inventory. C/M Katz asked if this would change the City's risk exposure and City Manager Kelly said this is being reviewed at present. City Manager Kelly said the landowners have agreed to utilize these barriers on the property. C/M Katz asked if the City needs to access a right-of-way approval from the landowners to place these on their property and City Manager Kelly said he would work all of this out. City Manager Kelly said he feels very confident that the landowners are very eager to do this. C/M Schumann asked if this would be sufficient to completely seal this area or will it give the violators access to knock another part of the fence down. City Manager Kelly said he feels the 100 barriers should handle the situation. He said this has caused a lot of frustration to the residents and the BSO, who have had their vehicles and helicopters watching the area. Mayor Abramowitz said the BSO helicopters discovered a marijuana farm with a street value of approximately $450,000.00 in the western area. C/W Glasser MOVED to APPROVE the expenditure of $3,200.00 to KIP CRANE SERVICE for delivery and installation of 100 concrete barriers to place along NW 108 Terrace and McNab Road, provided there is approval from the landowners holding the City harmless, SECONDED by C/M Katz. VOTE: ALL VOTED AYE City Manager Kelly said he would like a concensus from Council to agendize the sidewalk issue at the next Council meeting. Mayor Abramowitz said there is a special Council meeting scheduled for the beginning of next week and he would like to discuss the sidewalk issue at that time. C/W Glasser suggested a workshop meeting be held to discuss the sidewalk issue and C/M Katz agreed. City Manager Kelly said the City has been working for some time with FP&L regarding street lighting. He said the representative from FP&L, Jim Butcher, has been extremely cooperative with the City and they have done the analysis on the street lighting in the City. He said there are approximately 1,578 lights existing within the City of Tamarac of which 100 cannot be located at present. He said FP&L will retrofit and upgrade free of charge to the City, 1,222 lights because they are over 15 years old. He said that is approximately 78% out of the inventory bank. He said by using that formula, the total cost to the City will be $73,856.00; however, energy costs will be separate. City Manager Kelly said FP&L does not charge the City for putting up new lights, but the City gets charged for the energy cost for wherever there are not lights and new ones are installed. He said the retrofitting, which was a substantial cost of the two million dollars, is cut drastically. He said the Referendum did not address those costs which are on-going as operating costs into the General Fund. V/M Bender said he feels uncomfortable that FP&L cannot locate some of the poles that the City has records of. He asked if the City pays the bills based on the number of poles. He suggested that the records should coincide with each other and City Manager Kelly agreed. C/W Glasser asked if the cost will be effected after the lumins are changed and City Manager Kelly agreed. 15. City Council (continued) Mayor Abramowitz said it is known that this is a bad year for the municipalities in Tallahassee. TAPE 3 Mayor Abramowitz said there are four or five bills being considered in Tallahassee which are devastating to the tax structure and the monies received by the municipalities. He said the impact fee which is effecting the City at present is that Tallahassee wants to take a portion of the occupational licenses money away from the municipalities and give it to the unincorporated areas in Broward County. Mayor Abramowitz said there was a tremendous effort by the municipalities last year and Proposition 3 was passed and now Tallahassee is trying to change some language that will negate Proposition 3. He said the issue that Proposition 3 was based on is devastating to the taxes in all municipalities. He said there has been an extreme, concentrated effort by the Broward League of Cities and the Florida League of Cities. He said Tamarac has let every Representative and every Senator in the Florida Legislature on these committees and involved in these bills, know how Tamarac feels about these issues. Mayor Abramowitz commended City Manager Kelly and Assistant City Manager McDermott for following up on these issues. With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:30 a.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $138.23 or $3.07 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." 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