HomeMy WebLinkAbout1991-01-23 - City Commission Regular Meeting MinutesCity Council Regular Meeting
1/23/91/KJ
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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.
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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.
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City Council Regular Meeting
1/23/91/KJ
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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
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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
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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
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City Council Regular Meeting
1/23/91/KJ
Page 11
1
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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.
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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.
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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
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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
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City Council Regular Meeting
1/23/91/KJ
Page 17
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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
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