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HomeMy WebLinkAbout1991-01-23 - City Commission Regular Meeting MinutesCity Council Regular Meeting 1/23/91/KJ Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JANUARY 23, 1991 CALL TO ORDER* Mayor Abramowitz called this meeting to Order on Wednesday, January 23, 1991 at 9:00 a.m. in the Council Chambers. MEDITATION_ ANDPLEDGE__OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation for the men and women overseas. Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. H. Larry Bender Councilman Henry Schumann Councilman Henry Rohr John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ************************************************************************ 10. MOJQN TO ADQ,$'f,' Tema- Reso. #5954 approving a delegation request by FLH Homes to remove the voluntary deed restrictions from PARCEL R of WOODLAND LAKES located at the southeast corner of McNab Road and NW 88 Avenue (tabled on 12/19/90). SYNOPSIS OF ACTION: Tabled indefinitely at the request of the petitioner. * V/M Hoffman MOVED to TABLE Item 10 indefinitely, SECONDED by * C/M Rohr. VOTE: ALL VOTED AYE 13. MOTION TO ADQPT_TeM2.Reno. 15963 authorizing the City Manager to apply for financial assistance from the Florida Department of Transportation for the beautification of the Sawgrass Expressway median strip within the Tamarac City limits in the amount of $60,000.00. ,JXNOP_ IS --OF- ACT ION : Tabled at the request of the City Manager. * V/M Hoffman MOVED to TABLE Item 13 at the request of the City * Manager, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE C/M Bender requested a workshop meeting covering the subject of an audit of the City's franchise agreements. He said he would like to start action on this and requested the City invite the Municipal Administrative Service Corporation to make a presentation to Council and the public of the need for such an audit. He said the City has never had an audit on franchise agreements. He said he has received a letter dated January 10, 1991, and he spoke with the President of the company, who indicated his willingness to make such a presentation at no cost to the City. He said the Municipal Administrative Service Corporation is located in Texas. He said this does not preclude City Council Regular Meeting 1/23/91/KJ Page 2 hearing from any other companies interested in making simi presentations. He said a date certain should be establish coordination of an agreement with Municipal Administrative Corporation should be accomplished. ?RESSION OF INTEREST: ALL AGREED Mayor Abramowitz requested possible dates for the Municipal Administrative Service Corporation to come to the City. C/M Rohr suggested that C/M Bender contact the Municipal Administrative Service Corporation to find out the dates would be available for their presentation. it lea they C/M Bender requested that City Manager Kelly handle this and A Abramowitz said Council will give dates that Council will b available to City Manager Kelly and allow enough time to coordinate with the Municipal Administrative Service Corpor t� INTRODUQT.L N PRESENTATION by City Manager Kelly of a ten-year service wa RONALD MAIN, Fire Department. � * � NJ �7 f►,=•1 a�:Nl� 5� �•l � Fl PRESENTATION by City Manager Kelly to the City Finance Del of a Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ended 9/30/89. sentation was made. City Manager Kelly read the Certificate of Achievement for Excellence in Financial Reporting. He commended the Financ Department for a job well done. -2 PRESENTATION by City Manager Kelly to Ken Burroughs, former Finance Director, of an Award of Financial Reporting Achiev n for Fiscal Year Ended 9/30/89. r to :nt Fy PUBLIC PARTICIPATION PUBLIC PARTICIPATION - Any member of the public may speak tO any issue which is not agendized for public hearing at this meetin4. Speakers will be limited to three minutes during this item ndl t public hearings. There will be a thirty (30) minute aggreg tel time limit for this item, and speakers are encouraged to si n in advance with the City Clerk prior to their participation Mary Seidel, resident of Kings Point, asked what the progre s on the regulation proposed on the people driving in Tamarac wi repeat violations or with no license. City Manager Kelly said the City is following up with the S at, of Oregon regarding this. He said the City Attorney and the B 0 l have to be involved in anything that is drafted. He said t e ty is trying to develop something that would be feasible and w 11 meet the obvious criteria due to this being a sensitive iss e. Irving Katz, resident of Lakes at Carriage Hills, asked what t present status is on the sale of the old City Hall. He ask d V/M Hoffman contacted the Federation of Public Employees foi a interpretation of what the City Attorney said. V/M Hoffman said he attempted to contacted the Federation o Public Employees three times and Ms. Fisher has not returne calls. 1 1 1 City Council Regular Meeting 1/23/91/KJ Page 3 City Manager Kelly said the prospective buyer of the old City Hall is reviewing the contract the City proposed to them. He said he has not heard from them at present. Mr. Katz said he understood the sale price was $530,000. He asked what the City anticipates receiving in cash versus paper. City Manager Kelly said it was moved to $100,000 initial outlay and approximately $30,000 will go to the broker. Mayor Abramowitz said the City and Council have received approximately four offers for the old City Hall that have been disregarded because they did not fit what the City wants. He said he knows the mortgage business very well. He said the City structured the contract in a way that would be safest and most sound. He said the prospective buyer will not receive the deed until all the money due is paid. He said they are reviewing the contract and discussions will be held after he contacts the City. Mr. Katz said he was not disputing the situation. He said he thought the buyer would pay the broker. Mayor Abramowitz said the broker brought the buyer which means the City pays the broker. V/M Hoffman said due to the provisions under the Sunshine Law, he and the other members of Council do not know anything about what Mayor Abramowitz is discussing. He said when the situation is resolved between City Manager Kelly, City Attorney Ruf, and the prospective buyers, then it will come to Council for negotiations. Anthony Grimaldi, resident of Heathgate, asked if any provisions have been made to give the employees in Operation Desert Storm their full salaries and other benefits or to balance their salaries with the income of the rank in the military. City Manager Kelly said the City has one employee, Alfonso Arteche, who is serving in the Gulf at present. He said the City extended to him the 30 days of additional salary that the State Statutes provide. He said the City extended all of his health and insurance benefits to his wife and family who remain in the United States. He said he had worked full time for Broward County, also. Mr. Grimaldi said Senators Forman and Lippman in Tallahassee, are presenting Legislation to the State to compensate all of the draftees and everyone referred to Operation Desert Storm to balance whatever they receive in the military. Zeke Feldman, resident, said at the City Council Workshop meeting on December 31, 1990, on the bottom of Page 6, Mayor Abramowitz said, "the public is to let them know what is going on." He said he will do it for the Mayor. He said he is quoting from the minutes of December 31, 1990. He requested proof of the statements made at this meeting by Mayor Abramowitz and V/M Hoffman. He read from the minutes, Page 1, Paragraph 3, "total of all of the expenses for Council and Mayor is $11,000.00 annually," and, "that the cost of monitoring these expenses is far more than the amount of money expended." Mr. Feldman read from Page 5, Paragraph 3, "V/M Hoffman said he feels the Charter is, at present, in violation with the State Law." He asked where the proof is for this. He read from Page 5, Paragraph 6, "V/M Hoffman said they have a right under the Charter to hire an attorney and set his salary, but they do not have the right to raise the money to pay for him." He asked how anybody can have the right to spend money they do not have without the right to collect it." Mr. Feldman asked where the proof is to show that the Charter Board does not have the power to raise money. He said the money is given to the Charter Board out of the budget to operate. He read from Page 6, Paragraph 1, where Mayor Abramowitz said, "that City Council Regular Meeting 1/23/91/KJ Page 4 the Charter Board spent $17,000.00 and the result of this was $30.00 repayment or collection over a dinner receipt." He ask for proof of this. He said it did not cost the City one ce t because it came out of his personal funds. Nathan Peretzman, resident, said it appears to him that thele iav be a possibility of impropriety in the ambulance contracts tetieen the City of Tamarac and Medics Ambulance Service. V/M Hoffman said this has been going on for a long time since Peretzman has a particular grievance with the City. He saic t City is not paying the ambulance service for carries per call ary more than the City pays the Fire Department for each fire t ey rmit out. He said the City has a service to the residents which gives them police protection, fire protection, and, at present, ambulance service. He said this is not a "per call" servic . V/M Hoffman said it is Mr. Peretzman's prerogative to feel that the City is not entitled to ambulance service. He said the Council, prior to his serving, decided that the residents o Tamarac should not be forced to pay for ambulance service a d 1,17, t this should be given as a matter of right. He said the Cit should not be accused of impropriety unless there is something specific to claim, but not the fact that the City will not up his wife a taxi service when she has to go for weekly or ma th treatments. He said he is the liaison for the ambulance se vi � which is why he answered the question. Items listed under Consent Agenda, Item 5 are viewed to be ou e and the recommendation will be enacted by ONE MOTION in thef listed below. If discussion is desired, then the item(s) will! removed from the Consent Agenda and will be considered separately. Clerk a. MOTION TO APPROVE the minutes of the following City ou lil meetings: 1. 12/19/90 - Regular Meeting 2. 01/04/91 - Special Meeting j IN b. MOTION TO APPROYg renewal of a permit for the use of a model sales facility at another location (Kings Point Professional Plaza) for ASHMONT for a six-month period f 1/27/91 to 7/27/91. 9 C. MOTION TO APPROVE renewal of a model sales facility or BANYAN LAKES, 6096 Pinetree Lane, Units 13, 14, 15, aid 115, for a six-month period from 2/22/91 to 8/22/91. cTc nr brmrnwT. 1a d, approving a request py the Tamarac Chamber of Commerce to hold its 8th Annual Sp 'mg Street Fair on Saturday, 3/2/91, from 9:00 a.m. to dus , NW 57 Street from University Drive to NW 81 Avenue. RESOLUTION #R-91--6-PA4SS 09 City Council Regular Meeting 1/23/91/KJ Page 5 e. MOTION TO APPRM a Water for WOODMONT COUNTRY CLUB green north of NW 81 Street so SXNOPSTS OF •, APPROVED �L and Sewer Developers Agreement COMFORT STATION on the 5th and east of Pine Island Road. f. MOTION TO APPROVE a Water and Sewer Developers Agreement for LA RESERVE, WOODMONT TRACT 70, for the installation of a water meter for landscaping along NW 75 Street. • - • • , A . . . • r g• releasing warranty bond #1113-256--3088 in the amount of $17,887.50 posted for the water distribution system improvements at UNIVERSITY PAVILION project. SYNOPSIS QF ACTION, RESOLUTION #R-91-7-PASSED APPROVED h• turning over a cash performance bond in the amount of $38,600.00 to Robert Trauner, Trustee in Bankruptcy for the J.M. Beeson Company, which was posted for paving, curbing and landscaping at THREE LAKES PLAZA (840118, 840119). SYNOPSIS OF ACTIOH* RESOLUTION #R-91-8-PASSED APPROVED * C/M Bender MOVED to APPROVE Items 5.a. through 5.h. of the * Consent Agenda, SECONDED by V/M Hoffman, VOTE: ALL VOTED AYE 6. MOTION, TO APPOINI a competitive selection committee to interview qualified firms to provide architectural and engineering services to the City on a term -contract basis, which committee shall consist of the following members: John Kelly Michael Couzzo Kelly Carpenter Robert Foy Bill Land SXNOPSTS OF •, APPROVED City Manager Director of Public Works Director of Community Development Director of Utilities/Engineering Purchasing Officer * C/M Rohr MOVED to APPROVE Item 6, SECONDED by C/M Schumann. City Manager Kelly said throughout the course of the years, it becomes necessary for the City to occasionally go out to secure architectural or engineering services. He said it is usually done when a major structure is to be built and the City solicits specific consultants to provide that service. He said the City does not have a specific project at present but would like to have someone aboard to do the little things that may become necessary during the year, such as designing a restroom facility, a concession stand or any other item for which the City does not have an architect. City Council Regular Meeting 1/23/91/KJ Page 6 City Manager Kelly said the City will go through the compet ti negotiation selection process, as provided by the Competitive Negotiations Act, which requires that the City must designate Competitive Selection Committee which will receive the applications from the various consultants, select them, int ry them, and make a recommendation to Council about whether or no the City would want to negotiate with them. He said the Commi would then get authorization from Council at a subsequent meet to authorize that Committee to then proceed with negotiatio s. said after the negotiations, it would come back to Council wit recommendation to enter into a contract for that purpose. City Manager Kelly said there is no cash outlay or any money t designated at present for this. He said there will be no m ni incurred until such time as such service may become necessary. said he feels that it would be efficient to have the services such a consultant available to the City. ,e )e C/M Bender suggested that in the reviewing process, the Commit obtain several contracts for these services, so that, in the e, f t the City may need these services, an alternate source would be available. Mayor Abramowitz said this goes into the mainstream of the reorganization of the City. E: ALL VOTED AYE RESOLUTIONS 1ding DeFartment MOTION TO ADOPT Temp. Reso. #5965 establishing a petiti n If�e of $125.00 for persons seeking a waiver and exception to th provisions of the sign ordinance. I. L RESOLUTION #R-91-9-PALS 101 City Attorney Ruf read Temp. Reso. #5965 by title. V/M Hoffman MOVED to APPROVE Temp. Reso. #5965, SECONDED �b C/M Bender. i City Manager Kelly said Council has the right to establish it g fees to be paid with submittals of petition forms. He said th is to try to assure that the City receives the offsetting administrative costs for it. V/M Hoffman said Council had looked at some signs throughou t City and Council felt some corrections to the Ordinance wer needed. He asked how City Attorney Ruf has progressed on t is City Attorney Ruf said this and the problem with directory is under review and a proposed Ordinance should be ready wit days. t611" ALL VOTED AYE ibj hit 180 1 City Council Regular Meeting 1/23/91/KJ Page 7 8. repealing Resolution 86-379 pertaining to rules and procedures of Council meetings with respect to public participation at all meetings of the City Council. SYNOPSIS OF ACTIONS RESOLUTION #R-91-10-PASSED APPROVED City Attorney read Temp. Reso. #5975 by title. * V/M Hoffman MOVED to APPROVE Temp. Reso. #5975, SECONDED by * C/M Bender. City Manager Kelly said Items 8 and 9 are basically housekeeping. He said the previous Agenda was changed to reflect the Public Participation portion of the Agenda was moved from the end of the meeting to the beginning and Items 8 and 9 address this. Mayor Abramowitz said this was done to try to save the City thousands of dollars of frivilous law suits. He said this is the legal way of changing the Agenda. VOTE: ALL VOTED AYE 9. NOTION TO ADOPT Temn_ Reso_ #5974 amending Resolution 86-376 regarding public participation at all meetings of the City Council. SYNORSIS. .-OE N• RESOLUTION #R-91-11--PASSED APPROVED City Attorney Ruf read Temp. Reso. #5974 by title. * V/M Hoffman MOVED to APPROVE Temp. Reso. #5974, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE 11. approving a delegation request by Carnahan and Associates, Inc., to add a notation to the plats of DEVON, EXETER, GRANVILLE, HUNTINGTON, LOMBARDY, ROCKFORD, SEDGEFIELD, TRENT (formerly THORNBY), WELDON, YORKSHIRE, ASHMONT and FAIRFAX that these plats are intended for "Housing For Older Persons"; and also that the DEVON plat will be reduced from 333 residential units to 325 units. City Attorney Ruf read Temp. Reso. #5968 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5968, SECONDED by * V/M Hoffman, Kelly Carpenter, Director of Community Development, said the petitioner is present. She said this is an application by Carnahan and Associates, Inc., for Lennar Homes, Inc., for a delegation request to change the note on the face of the plats read by City Attorney Ruf. She said those plats constitute approximately all of Kings Point and exceed 3,000 units. She said the language that is being proposed to be changed reads, "This plat is intended for housing for older persons as defined within the Federal Fair Housing Amendments Act of 1988 and/or the Broward County Human Rights Act, Chapter 83.437 Laws of the State of Florida as amended by Chapter 83.437 of the Laws of the State of Florida. The units constructed on this plat are either to be solely occupied by persons 62 years of age or older or at least 80% of the units are to be occupied by at least one person 55 years of age or older per unit." City Council Regular Meeting 1/23/91/KJ Page 8 Ms. Carpenter said since 1979, when the County entered the business of impact fee collection, the County has required in Land Development Code currently at Chapter 5, Article 9, in t Broward County Code of Ordinances, that notes be placed on th plat which limit the uses, and that limitation of uses is wha used to determine impact fees. She said the number of units the type of units are used to assess traffic impact fees, sch impact fees and park impact fees. Ms. Carpenter said in this instance, the applicant is usinc t language under Chapter 5, Article 9, to limit its uses as 11 through the County process and to decrease the amount of s ho impact fees, which are required by the County to be paid tc t County on these units. She said Staff does not object to the language on its face as a purely planning issue. She said St has not objected to that note being placed on the face of the from a narrow planning perspective. V/M Hoffman said he feels there are two issues involved. He the first is to change the wording to have this remain as an TAPE 2 community. He said the second is to excuse them from pays g impact fees and he requested time to research this. He sa'd does not feel he is in the position to vote to excuse anyb dy the payment of impact fees without a lot more information nt that decision. Mayor Abramowitz said he has been heavily involved in the Eai Housing Act and is not in the position to give a legal opi io He said he does not feel the notation on the plat would do anything to determine this as fair housing under the Fair Fou Act with his knowledge of the Fair Housing Act. He said he c understand the reasons for the petitioner looking to do this. said he agrees that more information is needed to vote on thi He said he would not deter anyone from the ability to comply the Federal Government, the State of Florida and Broward Ccun making a determination that it was, in fact, an over 55 or an older adult community, because that is the language that m st used. He said he cannot handle this until he has much more information on this. C/M Rohr said he is bothered when he hears an avoidance of ta to Broward County for schools. He said he would like to hear something from Broward County regarding this type of situat'o because if the applicant does not pay the tax that they are obliged to pay, the people in Broward County have to pay it. requested that City Manager Kelly access information from B o County on whether or not they look favorably on the avoidan e the impact fees. V/M Hoffman said this will not affect the taxes of the pure a of the units. He said this only refers to the builder's im a fees. He said the people will still need to pay their scho 1 taxes whether or not Council passes this. He said this would relieve the developer of the necessity of paying impact fee . Jerry Knight, attorney representing the applicant, said in County, there is a school impact fee at the County level fo anybody who is platting residential development. He said s the County school impact fees have been in effect, the Coun always granted a reduced school impact fee to any residents development that was restricted to adults only. He said th impact fees are applied at platting and, in order to qualif the reduced impact fee, a restriction had to be placed on t: stating that it was restricted to adults only. Mr. Knight said this has been going on for years throughout County. He said there are many developments within the Cou that have this type of restriction on their plat and are pa lower school impact fees. He said all of the residential p Kings Point have been restricted to adults only and have be paying the lower impact fees over the years. He said earli year, when the applicant went back to the County to amend t is 's d at d It om C e h in n c�e y 4 s 1; f e at th tyl in at s 'n n r t e City Council Regular Meeting 1/23/91/KJ Page 9 notes on Ashmont and Fairfax to reduce the number of units, the County Attorney's office said the applicant also needed to amend the restriction on adults only to conform to the new Fair Housing Act. Mr. Knight said during the past year, the applicant has been negotiating and discussing with the County Attorney's office what the new language should be. He said the language presented at this meeting is a result of those discussions with the County Attorney's office, who has determined that this language conforms to the new Fair Housing Act with respect to housing for the elderly. He said the County Attorney's office is requiring this be placed on the plat. He said this does not have to do with taxes, only school impact fees, which the developer pays as he develops the units. He said it does not mean that the builder or the homeowner is escaping anything. He said the developer does have to pay an impact fee, but it is a reduced impact fee because there are no students living there. He said the County has determined that if there are no students, the developer does not have to pay the full rate. Mr. Knight said the placement of this language on the plat is a formality and it is not to comply with the Fair Housing Act. He said the condominium and homeowner's documents in this development have already been amended to comply with the Fair Housing Act. He said this is strictly to satisfy the County that this plat would not have students and; therefore, qualify for a reduced impact fee. Mayor Abramowitz said no one can guarantee that this will comply with the Fair Housing Act. He said if these notations are placed, in the future a determination could be made that the sections in Kings Point do not comply with the HUD regulations. He said Council is not trying to stop the applicant. He said the condo documents do everything the applicant wants done when the notation is placed on the plat. He said it does not allow the applicant to reduce the school impact fees with the County. He said no one knows what the final determination will be. He said he cannot vote until he has acquired more information and will not place the burden of additional taxes to the people that should be paid by the developer. C/M Schumann said "either/or" is questionable. He said if they have residences to be solely occupied by persons 62 years of age or older, 100% occupancy, no HUD certification is needed because that is part of the Fair Housing Act. He said when "or" is placed in the language and allows at least 80% of these units to be occupied by one person 55 years of age or over, the 20% is open for anybody because the Fair Housing Act wiped away all previous deed restrictions as to familial status. He said in order to qualify under the 80/55 rule, the applicant must receive a HUD certification. He said the Fair Housing Act states that not only does the development have 80% of residents 55 years or older, but also must have significant facilities and other amenities and nobody has been able to determine what HUD means by what they stated in the law, not even HUD. C/M Schumann said there is a bill pending with Congressmen Shaw and Johnston to have this portion struck out because no one can get a definitive absolute response as to what the government meant when they made these statements. He said he does not know how HUD will certify something that states, "either/or." Mr. Knight said the applicant is trying to place language on these plats which the County Attorney's office is requiring them to do in order to stay in the same status that all of the plats have been in since Kings Point had been developed, which is restricted to adults only. He said the language that was on all of the plats stated that it was restricted to 18 years of age and older. He said Broward County said the language, "restricted to 18 years of age and older," can no longer be used because of the Federal Law. He said this is the language that the County Attorney's office said is acceptable to the County and they will be using throughout City Council Regular Meeting 1/23/91/KJ Page 10 OTT the County on any plat that wants to restrict to adults only C/M Schumann asked what validity it would have if someone d ci to disagree and this becomes a law suit and the courts strike County Attorney out. Mr. Knight said placing this language on the plat does not qua a development as housing for the elderly. He said they wou d still have to do everything the Fair Housing Act states, pu t restrictions in their own documents and provide the ameniti s. Marty Riefs, representative of Lennar Homes, Inc., said the de restrictions are documents that are provided to the County. H said the 20% shall still not be less than 18 years of age. He said that 20% conforms to the documents where they have to le 18 years of age, but they can be between the ages of 18 and 55 He said Lennar Homes, Inc., has attended various hearings over period of time and at those hearings, they demonstrated what, t of amenities they have that cater to older people, such as an internal bus system that provides transportation to medical offices, the ability for a resident to have immediate emerg nc assistance, handicapped accessibility and ramps and other t in that would conform to adaptability for older people. �r Mayor Abramowitz said he does not know of any place that is cl or to conformity than Kings Point. He said the new Bill statec t4at nobody will make a determination until it gets to court and th Judge makes the determination. Mr. Riefs said Lennar Homes, Inc., is conforming to the pre en law that is in place. Mayor Abramowitz said he needs to get more information to h n this in the proper fashion. C/M Schumann said the present contracts are showing a deed restriction that no one is permitted under 18 years of age. said Broward County's Human Rights Act portion was repealed, was the discrimination of not keeping out people between the of 18 and 54. He said this went out in the last election, T brings it back to the Fair Housing Act which states no discrimination because of familial status. He said somethir wrong with a contact to sell when it recites such a thing. said Broward County was in conflict with the Federal Statute anytime a municipality or State which tries to pass somethir stronger than the Federal Law, something is wrong with it, x the Federal Law is the law of the land until it is attacked courts. V/M Hoffman MOVED to TABLE Temp. Reso. #5968, SECONDED C/M Rohr. ALL VOTED AYE w Ch a s hi g i He, a�. g ec se in I he b 1 1 City Council Regular Meeting 1/23/91/KJ Page 11 1 1 concerning a request by THREE LAKES PLAZA/WINN DIXIE for a limited parking waiver to approve a site plan (1) with 503 parking spaces when 559 are required; (2) with 9-foot wide parking spaces (City standards require 10-foot wide parking spaces) along rear of site to be used by employees of shopping center; and (3) which allows for one row of 12 parking spaces (in front parking lot area) and five rows of 11 parking spaces (in rear along west side of site) where City Code limits number of spaces without landscape island to 10; location: southwest corner of NW 31 Avenue and Commercial Boulevard. Petition #37-Z-90. SYNOPSIS OF ACTION: Tabled at the request of the petitioner to Wednesday, February 27, 1991 at 10:00 a.m. City Attorney Ruf read Temp. Reso, #5967 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5967, SECONDED by * C/M Bender. Ms. Carpenter said that the applicant has requested a table to the meeting of February 27, 1991, at 10:00 A.M. * C/M Rohr MOVED to TABLE Temp. Reso. #5967, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE 19. PUBLIC___ HEARING -- MOTION TO , OPT TeM . Ord. #1521 on second reading to amend Section 2-29 of the Code concerning rules governing conduct of spectators at council meetings. SYNOPSIS QE ACTION: ORDINANCE #0-91-1-PASSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read Temp. Ord. #1521 by title. * C/M Bender MOVED to APPROVE Temp. Ord. #1521, SECONDED by * V/M Hoffman. Nathan Peretzman, resident, said Section 2-29(d) of the Code states members of the public may speak. He said the word that should be used is "shall" speak. He said there is no mention of three minutes in this paragraph. He said under Section 2-29(d), Paragraph 2, there is a possibility that Paragraph 2 may run into violation of Amendments 1, 5, and 14 of the Constitution. He said Section 2-29(d), Paragraph 4, "disruptive, belligerent or abusive conduct." He said the definitions of disruptive, belligerent, and abusive conduct should be listed, such as the Statutes of Florida has at the beginning of each chapter. He asked the meaning of Section 2, "All sections or part of sections of the Code of Ordinances, Resolutions in conflict are hereby repealed to the extent of such conflicts." Mayor Abramowitz this Ordinance takes precedence over any other previous legislation the City may have had in tact. Anthony Grimaldi, resident of Sunflower Heathgate, said a recommendation was made by C/M Bender to include members that sit on the dais also as part of the spectators and Mayor Abramowitz City Council Regular Meeting 1/23/91/KJ Page 12 agreed. City Attorney Ruf said he had heard that discussion from C/ Bender, but did not have any follow through from any of the othe Council members about it. He said his personal opinion is who would judge the Council. Mayor Abramowitz said he feels this is not only the rules governing the spectators, but also as a legal document that ano e sitting on the dais cannot be abusive in their power. He said t e courts are a much higher authority. He said everything in t eel meetings is a matter of public record and they are recorded on tape. He said he understands what is being questioned. He sa & rules and regulations are set to be followed and enforced. He said he feels that everyone can lose their temper, but it is t el ability to control the temper that makes the difference. He s i this Ordinance sets the rules and regulations for these meetin s even if it does not specify everyone by name or title. Mr. Grimaldi said he has no objection to rules and regulati ns governing the meetings; however, the word "spectators" lets th public presume it is only the audience who is being governe . V/M Hoffman said he cannot agree with this. He said the pr si officer has the right to speak and the person he speaks to has right to appeal to the Council. He said if this person feels the presiding officer is being unreasonable, under all rules o parliamentary procedure, he can appeal the Chair's ruling tc t Council. He said if the Council agrees that the presiding cff is incorrect, they will handle accordingly. He said he feels electorate is more intelligent than to elect a bunch of incompetent people to sit on Council. He said when they do vo for people, they do respect the fact that they have intelli en and will observe the rules of common decency. He said the le officials are screened by the public, but through the Counc'1 Chamber doors, anybody can walk in and anything can happen. V/M Hoffman said the public has selected people to represent t and the public should have enough confidence in them to feel t they will be represented fairly. He said there are four other appeal to if one person on Council does not represent them fai Mr. Grimaldi said everyone should be governed if the conduc o the spectators has to be governed and he feels this should e incorporated. Herb Hayes, resident, said the word "spectators" could be a delineation which would not even cover many of the people i audience because some are spectators and some are participa He recommended the reconsideration of the wording from "spe to "participant". Mayor Abramowitz said he feels the word "spectator" means ar who is looking on. He said everyone in the meeting is looki the proceedings. He said he has witnessed people saying thi these meetings that are absolutely untrue and not factual. said rules and regulations are needed to govern these meetir. He said he feels that whoever sits on Council has the commor to know that people do have a right to speak. He said he fe there is no problem to disagree, but do not be disagreeable. Stan Bernard, resident, asked if there is any mention of ti limits or number of minutes a person can speak and limiting total time the public can speak in the Ordinance. t s a g g e s s 1 h4 Mayor Abramowitz said the time limit is left to the presidi g officer. He said the ruling from the Attorney General is t at this Ordinance is legal. �g t r If n e L City Council Regular Meeting 1/23/91/KJ Page 13 Carl Alper, resident of Section 23, said he feels every governing body requires rules of conduct for the protection of the officers and the public. He said Council can change the rules if a particular aspect of a rule is not workable. VOTE: ALL VOTED AYE END OF PUJILIC HEARINGS 12. a. approving a revised site plan for ST. MALACHY CATHOLIC CHURCH reflecting the addition of 1,800 square feet of floor area for a vestibule and two confessionals. b. MOTION TO ADOPT Temp. Reso, #597 accepting a restrictive covenant stating that no additional occupancy will be created by the construction of a vestibule and two confessionals at ST. MALACHY CATHOLIC CHURCH. RESOLUTION #R-91-12-PASSED SYNOPSIS OF ACTJON: RESOLUTION #R-91-13-PASSED 12.a. APPROVED subject to and taking effect at the time the traffic impact fees are paid and the restrictive covenant is delivered to the City in recordable form. 12.b. APPROVED subject to receipt by the City of the restrictive Covenant in recordable form. City Attorney Ruf read Temp. Reso. #5976 by title. * 12. a. V/M Hoffman MOVED to APPROVE Temp. Reso. #5976, * SECONDED by C/M Rohr. Ms. Carpenter said this is an application by St. Malachy Catholic Church for a revised site plan. She said the application consists of an amendment to the site plan adding 1,800 square feet of floor area for a vestibule and two confessionals. She said these items are identified in language written on the site plan. She said the parcel was platted in 1979 and the plat does not contain notes concerning limitations on uses or square footage of uses nor did the applicant pay County impact fees at that time. She said this site is located in a Broward County compact deferral area because of traffic deficiencies on University Drive, Commercial Boulevard, and McNab Road. Ms. Carpenter said the City is required to insure that no additional trips are added on these trafficways through the Broward County Charter and Land Use Plan or to insure that the applicant has accomplished any one of the following actions: 1) prepare a traffic study which provides a traffic solution for the overcapacity trips on the effected links including the trips proposed to be added by the applicant; 2) prepare an action plan which provides for a traffic solution for the trips to be added by the applicant to the effective links. Ms. Carpenter said the applicant has chosen, in response to these alternatives, to place a restrictive covenant on the land that will run with the land which affirms that no additional occupancy will be created by the construction of the vestibule and two confessionals which would add trips on the Broward County trafficways system. She said this stipulation results in the applicant creating no new trips and the site plan can be approved from a traffic concurrency standpoint. She said the covenant is to be recorded in the.public records of Broward County by the time or prior to the applicant pulling building permits. Ms. Carpenter said the Site Plan and Plat Review Committee has reviewed this site plan at its November 27, 1990, December 11, 1990, and January 15, 1991, meetings and the Planning Commission reviewed this on January 16, 1991, recommending approval subject to receipt of the restrictive covenant; however, at present, she cannot document that St. Malachy's has paid its $290 traffic City Council Regular Meeting 1/23/91/KJ Page 14 impact fees. Mayor Abramowitz said he would like this passed with a qualification that nothing is done until they have paid the fees. He said the Bishop has been out of town and St. Malac Church should be contacted regarding this. y V/M Hoffman suggested St. Malachy's be given a week to pay tie impact fees. Ms. Carpenter said Staff is not in the position of ever recommending this before, and she does not want to set a pre e e t that the City is in the position of accepting site plans wit a t the traffic impact fees having been paid. She said the cove a t is handled in Item 12.b. She said she cannot document the traffic impact fees as being paid at present. Mayor Abramowitz said he understands and Ms. Carpenter is do'n exactly what she is supposed to do. He recommended to City Manager Kelly that the Council take action on these two items based on receipt of the $290 traffic impact fees and the covenn . 3 City Attorney Ruf suggested that the Motion be revised to in i a e that approval does not take effect until the fees have been Vaid. 12. a. V/M Hoffman MOVED to AMEND the Motion to read that approval be subject to taking effect at the time the traffic impact fees are paid and the restrictive covenant is delivered to the City in recordable form SECONDED by C/M Schumann. E: ALL VOTED AYE City Attorney Ruf read Temp. Reso. #5977 by title. 12. b. C/M Sender MOVED to APPROVE Temp. Reso. #5977 subject to receipt by the City of the restrictive Covenant in recordable form, SECONDED by C/M Roh . .W4F)v 1: ALL VOTED AYE MOTION TO ADOPT Temy. Reso. #5971 authorizing the City an jer to apply for financial assistance from the Florida Department f Transportation for the beautification of the Nab Hill Road medlarl strip from Commercial Boulevard to the 6000 block of Nob Hill Road in the amount of $30,000.00. 1 RESOLUTION #R-91-14- AS b City Attorney Ruf read Temp. Reso. #5971 by title. V/M Hoffman MOVED to APPROVE Temp. Reso. #5971, SE C/M Schumann. City Manager Kelly said this is for grant assistance to ena City to beautify the median strip on Nab Hill Road. He sai amount of money will be used towards landscaping with xeros type materials and the City will be responsible for the maintenance of this landscaping. 0 TIE : ALL VOTED AYE t�e� 1 1 1 City Council Regular Meeting 1/23/91/KJ Page 15 1 15. MOTION TO ADOPT Temp. Reso. #596f authorizing the appropriate City officials to execute Amendment #1 to the Agreement between Broward County and the Northwest Broward Cities for Second Year Recycling Grant Program in the maximum amount of $147,324.00. RESOLUTION #R-91-15-PASSED City Attorney Ruf read Temp. Reso. #5966 by title. * C/M Schumann MOVED to APPROVE Temp. Reso. #5966, SECONDED by * C/M Rohr. City Manager Kelly said this is providing the City with approximately $15,000 additional money. He said when the County reviewed the unspent funds from the previous years, the City assigned the funding level to be increased from $132,606 to $147,324. He said all the Council is doing is accepting the additional funding and he recommended approval. VOTE: ALL VOTED AYE 16. MQTIQN TO ADOPT TernR. Reso. #5979 deleting a Data Entry Operator position in the Building Department and creating a Data Entry Operator position within the City Clerk's Department. SYNOPSIS OF AQjION: RESOLUTION #R-91-16-PASSED APPROVED City Attorney Ruf read Temp. Reso. #5979 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5979, SECONDED by * V/M Hoffman. City Manager Kelly said Items 16 and 17 are related which involve simple transfers of positions from one department to another with no costs involved. He said he has met with the unions and they have acknowledged the City's right to make such a transfer. He said the City Clerk's Department does a lot of microfilming work to reduce some of the records the City has to be in a more manageable form. He said many of the City records are secured in storage in Miami which is costly to maintain, retrieve, and to provide insurance. He said the City Clerk had looked to expand her work force last year to try to accommodate this and was unable to do so. City Manager Kelly said in reviewing the situation in the Building Department, they provide similar service. He said Bob Jahn, previous Chief Building Official, insisted that he wanted to have control of the microfilming activities in his department and had a similar position there. He said this Resolution will transfer that responsibility and equipment to the City Clerk's office to coordinate all of that activity to provide increased productivity, efficiency and cost effectiveness. He said it will provide for cross -training of personnel which will become more important when the money crunch gets tighter in looking to streamline the departments. VOTE: ALL VOTED AYE City Council Regular Meeting 1/23/91/KJ Page 16 0. MOTIdeleting an Occupat: License Supervisor position in the Community Development Department and creating an Occupational License Supervisor position within the Code Enforcement Department. 101 RESOLUTION #R-91-17 P ROVED City Attorney Ruf read Temp. Reso. #5980 by title. V/M Hoffman MOVED to APPROVE Temp. Reso. #5980, S C/M Bender. City Manager Kelly said in many municipalities the Occupat o License Supervisor's responsibility is a part of the Code Enforcement Department. He said Judy Yacobellis, Occupation License Supervisor, will be moved to work with the Code Enforcement Department and will assume some code enforceme t responsibilities educating the code enforcement people in occupational license activities and there will be a cross- r of all this personnel. He said there will be an increase f effectiveness of all the personnel involved. Mayor Abramowitz said he consulted with Lauderhill who found they gathered approximately $30,000 more revenue by having th work force go out and check every business in the City. He s he is pleased with this move within the City. He said this a Code Enforcement to look for people operating within the City without the proper licensing. He said he is a member of t e legislative committee of the Broward League of Cities who las tried to have Broward County monitor the licensing of the cit and the cities cross -monitor theirs. He said Broward Coun y not want to be bothered with policing the City's problems. H, said he feels the City will produce a lot of revenue from hi. type of enforcement. Irving Katz, resident of Lakes at Carriage Hills, said he Vice -Chairman of the Code Enforcement Board. He said at p the Code Enforcement Board has a budget well over $100,000 very little income. He said he would not like to know tha type of move would be done to justify or lend more credita to the fact that there has been very little income to the Enforcement Board because of the efforts and compliance th City was looking for. He said he is hopeful that there is conflict to Statute 162 and this was not being done due to lack of income to the Code Enforcement Board. City Manager Kelly said that is not the justification but i the peripheral result of this move. Mayor Abramowitz said it is a result. He said he has documentation that the City will get a revenue shortfall fr revenue sharing of $167,275. He said he will do anything t revenue into the City, not additional taxes. He said this regarding people who are working without the appropriate licensing. He said the purpose for the move is to acquire efficiency and proficiency and to reorganize and modernize layoffs. OTE : ALL VOTED AYE C/M Schumann - No report. C/M Rohr - No Report C/M Bender said Tamarac has been experiencing difficulty wi current television cable company. He said there have been numerous complaints ranging from refusing to renew existing 3ED )y ng t ws s s Inq es n , with I ti i i 1 t ado �o I :h� s et Jr: it ut 1 City Council Regular Meeting 1/23/91/KJ Page 17 C I contracts to refusing to offer credit for nonavailability of service. He requested a workshop meeting be scheduled for Council to explore the possibility of Tamarac having its own cable company. He said serious consideration should be given to obtaining new sources of generating revenues with current revenue sources being diminished. He said he feels that Tamarac can achieve this objective and suggested this be pursued. Mayor Abramowitz agreed about a workshop and asked C/M Bender to gather whatever information regarding the legalities and the cost of doing this. V/M Hoffman said he is in favor of the workshop and suggested contacting other cable companies who might be interested in competition with Continental Cablevision. He said this should be opened to complete discussion and review of the cable situation and what can be done to improve this for the residents of Tamarac. He said there is a possibility at present, that Continental Cablevision is in violation of their franchise agreement. He said they are not treating all sections of the City equally. He said they have contracts with bulk rates for one section and deny it to another section, cancel service in one section and continue service in other sections. He said this may be a violation of their franchise agreement that should be pursued. Mayor Abramowitz said Mayor Chuck Flanagan of Pembroke Pines, has a war going with their cablevision company and is doing a $15,000 study on the advisability of doing their own cable television. He said Mayor Flanagan has offered to share the results of this study with Tamarac. C/M Bender said a possibility would be to contract this out rather than franchise it out if it looks that it will be too costly for the City to have its own cable system. He said he is looking for a source to obtain additional revenues for the City. EXPRESSION OF INTEREST: V/M Hoffman - No Report ALL AGREED Mayor Abramowitz said on Monday, January 28, 1991, at 6:30 p.m., in the Council Chambers, the City will have a Town Meeting with Senator Peter Weinstein and Representative Peter Deutsch. He said he would like a good turnout. He said he received a phone call that Congressman Harry Johnston will be joining them. He said he contacted Herb Hayes, President of the Presidents' Council, and asked him to mention to everyone that Congressman Harry Johnston will be in town. He said he felt this was important to show the support on the new proposed bill regarding the Fair Housing Act. He commended Section 16 on the request they sent out for the letters supporting the bill. He said they offered an AARP drop box for these letters to be mailed by the Civic Association. He said a notice was placed on 19 bulletin boards notifying the people of the upcoming Town Meeting. 21. City Manager City Manager Kelly said he expects to have an internal auditor working for the City by the end of February. He said this will tie in with some of the concerns of the franchises and will give the City the in-house capabilities to handle these situations. City Manager Kelly said on Thursday, January 24, 1991, he will be meeting with Florida Power and Light Company in response to the mandate on the referendum regarding street lighting to determine a timeframe for implementation to better look at the financing aspect of it and then will be able to make a recommendation to Council. City Manager Kelly said the City was successful in securing another grant which is an education outlay grant with the Broward County School Board. He commended Assistant City Manager Dina City Council Regular Meeting 1/23/91/KJ Page 18 McDermott on a job well done. He said the City is receiving $90,850 for an outdoor learning center to be located next to t Multi --Purpose Center. He said it will consist of a gazebo w't theme garden with xeroscape plants with a lot of the school. children doing much of that planting. He said this will be learning experience for the children with the planting to at r butterflies and will be like a theme park. He said this wil allow for tours by the residents of the City. He said the g a is $90,850 with $30,000 coming from the City. He said the C't $30,000 will be inkind service works and will not be a cash payment. He said the inkind work will be performed by Dina McDermott, Assistant City Manager, Alan Levine, Supervisor o Parks and Recreation and Abbe Hoctor, Development Review Pla n Mayor Abramowitz said this is legally for all of the membersl0 the community. City Manager Kelly said the accellator was first projected t 2.2 million dollars, which had been set aside for it, with t e money coming from bond residuals and CIAC funds. He said th final bid came in at $1,623,000, which is a savings of approximately a half million dollars. He said all worked out for the City in this instance. Mayor Abramowitz asked everyone to remember the men and overseas. With no further business, Mayor at 11:00 a.m. �ROL A. EVANS CITY CLERK Abramowitz ADJOURNED this v NORMAN ABRAMOWITZ MAYOR e "This public document was promulgated at a cost of $182.80 or $4. 6 cDpy to inform the general public, public officers and employees Df recent opinions and considerations of the City Council of the Cit Tamarac. 11 CITY OF A tl AR A( APPRQVED AT MEETING OF 2/ /3 City Cie Im I� 1