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HomeMy WebLinkAbout1992-02-26 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 11 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY? FEBRUARY 26, 1992 C. • •:� �� _LUM__&LLOCAT TONS - MOTIONS TO TABLE -- The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. I-NTRODUCTIQN 1. a. PBZSENTATION by City Manager Kelly of five-year service awards to the following: Timothy L. Brown Fire Department James A. Megna Fire Department Scott London Public Services Department b. PRESEXTATTON by City Manager Kelly of ten-year service awards to the following: Nancy E. Glasgow Personnel Department Thelma Herbst Finance Department FINAL AC�ON: Presentations were made. 2. a. IM PRESENTATION by Mayor Abramowitz of certificates of Appreciation to the members of the Redistricting Committee. Helen Massaro Oscar Brawer Joseph Schreiber Ben Sonkin Ray Munitz Jerome Fordin Alfred Wald Carl Alper Sharon Machek the Redistricting Committee in accordance with Section 6.03 of the Charter. FINAL ACTIONe 2.a. Presentations were made to all with the exception of Carl Alper, who was absent. 2.b. APPROVED 2/26/92 Page 1 3. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. 4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 12/18/91 - Special Meeting 2. 1/28/92 - Special Meeting FINAL ACTION: APPROVED b. MOTION TQ APPROVE a model sales facility, waiver of the 300--foot distance requirement for issuance of certificates of occupancy, and approval of five (5) parking spaces in lieu of twelve (12) required spaces for the WATERS EDGE project located on NW 94 Avenue, north of NW 57 Street. C. authorizing the appropriate City officials to execute a Termination of Water & Sewer Developer's Agreement for the WESTVIEW AT COLONY WEST PARCEL R project located on the southeast corner of McNab Road and NW 88 Avenue. •�; A RESOLUTION R-92-23-PASSED d, approving and accepting an Agreement and Covenant Running With The Land offered by Coral Palms Ltd. a/k/a British Colonial Resort Villas pertaining to the construction of a wall adjacent to a utilities easement with a deep sanitary sewer at the COLONY COVE project located on the east side of NW 88 Avenue, north of Lagos de Campo Boulevard. FINAL ACTION: RESOLUTION R-92-24-PASSED Removed for discussion and then APPROVED. 2/26/92 Page 2 5. MOTIQN TO ANZ$QLUX payment in the amount of $1,757,372.00 to Broward County Board of County Commissioners as square one debt adjustment for Tamarac's purchase of wastewater treatment and transmission reserved capacity, with funds to come from Utilities West account entitled Square One Debt Fund. FINA11 ACTION* APPROVED 6. MOTXQX TO APEE= the Selection Committee's recommendation to engage the firm of Fine, Jacobson, Schwartz, Nash, Block and England as bond counsel for the refinancing of outstanding City bonds at a cost not to exceed $26,500.00, including expenses, with all fees to be contingent upon issuance of bonds. + •, EMMUM21 • 7. MOTION TO APPEMIrenewal of a special extended permit for on -premises consumption of alcoholic beverages for three (3) years requested by OASIS LOUNGE at THREE LAKES PLAZA pursuant to Section of the Code. hours 3-5 FINAL &QZLQLL APPROVED the renewal of the existing special extended hours permit of the 7 a.m, opening time and open hours till 4 a.m. on New Year's Eve and St. Patrick's Day only. Council requested that the City Attorney meet with Occupational Licensing regarding the possibility of issuing permits for daily 4 a.m. hours. 8. a. appointing members to the INSURANCE ADVISORY BOARD. FINAL &QLIQN.L RESOLUTION R-92-25-PASSED APPROVED the appointment of Harry Blume and Martin Dranit to the Insurance Advisory Board. b• appointing members to the PARKS AND RECREATION BOARD. RESOLUTION R-92-26-PASSED APPROVED the appointment of Bernard James, John Pellegrini and Ben Zuger to the Parks and Recreation Board. 2/26/92 Page 3 c, appointing members to the CONSUMER AFFAIRS _COMMITTEE. FINAL ACTION.• Council directed the City Manager to prepare a letter to all applicants and members as to the duties of the Consumer Affairs Committee. 9, approving and accepting a Declaration of Restrictions offered by Ulysses G. Telegadis, Trustee, prohibiting auto paint body shops and pawn shops in BROOKWOOD PLAZA (Rezoning Petition #70-Z-91). FINAL ACTION: APPROVED RESOLUTION R-92--27-PASSED 10, concerning a request by Barry S. Eden, Trustee, for special exception to permit a restaurant in Bay 1 of WOODMONT COMMONS, 8001 West McNab Road, which is zoned B-1 (Neighborhood Business). Petition #1-Z--92 FINAL ACTIONS RESOLUTION R-92-28-PASSED APPROVED General Adminigtratiy9k 11. MOTION TO authorizing the appropriate City officials to execute the Ninth Amendment to the Interlocal Agreement with Broward County providing for the division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance. FINAL- ACTION--- RESOLUTION R-92-29-PASSED APPROVED 12, authorizing the appropriate City officials to execute an Agreement with the City of Sunrise to provide natural gas in the City of Tamarac. FINAL ACTION• TABLED at the request of the City Manager. 13. on second reading concerning a request by ULYSSES G. TELEGADIS/BROOKWOOD PLAZA to rezone land on the south side of McNab Road, between NW 70 Avenue and Brookwood Boulevard, from B-1 (Neighborhood. Business District) to B-2 (Planned Community Business District). Petition #70-Z-91 FINAL AQj1ON* ORDINANCE 0-92-11-PASSED Public Hearing was held. APPROVED on second and final reading. F] 2/26/92 Page 4 11 14. ING - on first reading concerning a request by Keith & Schnars, P.A./Smilers Development Corp. to rezone lands at the corner of NW 88 Avenue and NW 75 Street (WOODMONT TRACT 67) from R-4A (Planned Apartments) to R-1 (Single Family Residential) Petition #71-Z-91 FINAL ACTTQN- WITHDRAWN by applicant. 15. PLMLIC RMING - on first reading concerning a request by Martin Riefs/Lennar Homes to rezone lands described as the TRENT Recreation Area from R-3U (Rowhouse District) to S-1 (Open Space/Recreational District). Petition #2-Z-92 Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on Wednesday, March 11, 1992 at or after 7:30 p.m. 16. on first reading concerning a request by Martin Riefs/Lennar Homes (MALVERN project) to rezone lands along Westwood Boulevard, east of Nob Hill 'Road (a portion of HIDDEN HOLLOW APARTMENTS), from R-4A (Planned Apartments) to R-3 (Low Density Multi --Family Residential). Petition #3-Z-92 FINAL ,ArTLON : TABLED to Council meeting of Wednesday, March 25, 1992 at or after 10:00 a.m. 17,ADOPT-Tamp.on second reading to amend Section 24-81 of the Code concerning restructuring the membership .of the Plan Adjustment Committee. FINAL &QZLQV... TABLED for a revision of the Ordinance title for advertising purposes. Second reading and public hearing will be held on Wednesday, March 11, 1992 at or after 7:30 p.m. 18.TOMR- Ord,on second reading to amend Section 6-147 of the Code by increasing the threshold amount for competitive bidding from $2,000.00 to $10,000.00 to comply with the Charter. FINAL =ION; ORDINANCE 0-92-12-PASSED Public Hearing was held. APPROVED on second and final reading. 19. PUBLIC UARING - on second reading to amend Section 6-150 of the Code by deleting from "Open Market Procedure" language regarding purchases between $2,001.00 and $5,000.00 to comply with the Charter. FINAL ACTION- ORDINANCE 0-92-13-PASSED Public Hearing was held. APPROVED on second and final reading. 2/26/92 Page 5 20. PUBLIQ REARINra, - on second reading to amend Section 6-151 of the Code by providing that one (1) source purchases in excess of $10,000.00 require a formal written contract approved by the City Council to comply with the Charter. FINAL AQTTON: ORDINANCE 0-92--14-PASSED Public Hearing was held. APPROVED on second and final reading. 21. PIMLIC HEARING - on second reading to amend Section 6-156 of the Code by providing that the City Manager may authorize change orders in contracts not in excess of $10,000.00 to comply with the Charter. ORDINANCE 0-92-15-PASSED Public Hearing was held. APPROVED on second and final reading. 22. on second reading to create a Section 16-228(f) of the Code to provide a cost of living adjustment benefit for pension participants receiving a normal retirement benefit. ORDINANCE 0-92-16-PASSED Public Hearing was held. APPROVED on second and final reading. 23. 24. City _Manager F, The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. [7 Carol A. Evans City Clerk 2/26/92 Page 6 City Council Regular Meeting 2/26/92/KJ Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 26, 1992 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, February 26, 1992 at 9:00 a.m. in the Council Chambers of City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. OF ALLEGIANCE„ & MEDITATI4N Mayor Abramowitz called for the Pledge of Allegiance followed by a moment of silent meditation. Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilwoman Diane Glasser Councilman Henry Schumann Councilman Irving Katz ALSO PRESENT: John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ****************************************************************** INTRODUCTION 1. a. PRESENZATTON by City Manager Kelly of five-year service awards to the following: Timothy L. Brown Fire Department James A. Megna Fire Department Scott London Public Services Department b. E=ENTATION by City Manager Kelly of ten-year service awards to the following Nancy E. Glasgow Personnel Department Thelma Herbst Finance Department SYNOPSTS Or ACTION* Presentations were made. 2. a. PRESENTATION by Mayor Abramowitz of certificates of Appreciation to the members of the Redistricting Committee. Helen Massaro Oscar Brawer Joseph Schreiber Ben Sonkin Ray Munitz Jerome Fordin Alfred Wald Carl Alper Sharon Machek b• MOTION TO DISCHARGE the Redistricting Committee in accordance with Section 6.03 of the Charter. 2.a. Presentations were made to all with the exception of Carl Alper, who was absent. 2.b. APPROVED 2.b. C/W Glasser MOVED to APPROVE the discharge of the Redistricting Committee, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Council Regular Meeting 2/26/92/KJ Page 2 4. d. MOTION TQ h OPT_Temn. Reso. 46228 approving and accepting an Agreement and Covenant Running With The Land offered by Coral Palms Ltd. a/k/a British Colonial Resort Villas pertaining to the construction of a wall adjacent to a utilities easement with a deep sanitary sewer at the COLONY COVE project located on the east side of NW 88 Avenue, north of Lagos de Campo Boulevard. SYNOPSIS OF ACTION: RESOLUTION R-92-24-PASSED Removed for discussion. (See Page 3 for final action.) C/M Katz MOVED to REMOVE Item 4.d. for discussion, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 12. MOTION TO ADOPI Tenn_. Rego- #6223 authorizing the appropriate City officials to execute an Agreement with the City of Sunrise to provide natural gas in the City of Tamarac. SYNOPSISS OF.. ACTION TABLED at the request of the City Manager. V/M Bender MOVED to TABLE Item 12 at the request of the City Manager, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 3. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Ray Munitz, resident, requested that Council consider the appointment of a Feasible Study Committee to determine whether it is in the best interest of the City to go towards single member district voting. Mayor Abramowitz suggested that Mr. Munitz forward his request to the Charter Board to handle and Mr. Munitz said he does not feel that forwarding this to the Charter Board at this time is feasible. Melanie Reynolds, resident, suggested that Council hold a workshop to do a self -evaluation and to stop the City Manager from creating policy. 4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 12/18/91 - Special Meeting 2. 1/28/92 - Special Meeting 11 11 City Council Regular Meeting 2/26/92/KJ Page 3 b. MOTION To jERROVE a model sales facility, waiver of the 300-foot distance requirement for issuance of certificates of occupancy, and approval of five (5) parking spaces in' lieu of twelve (12) required spaces for the WATERS EDGE project located on NW 94 Avenue, north of NW 57 Street. c• authorizing the appropriate City officials to execute a Termination of Water & Sewer Developer's Agreement for the WESTVIEW AT COLONY WEST,PARCEL R project located on the southeast corner of McNab Road and NW 88 Avenue. SYNOPSIS OF _ACTION: RESOLUTION R-92-23-PASSED APPROVED C/M Katz MOVED to APPROVE the Consent Agenda, with the exception of Item 4.d., SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 4. d. approving and accepting an Agreement and Covenant Running With The Land offered by Coral Palms Ltd. a/k/a British Colonial Resort Villas pertaining to the construction of a wall adjacent to a utilities easement with a deep sanitary sewer at the COLONY COVE project located on the east side of NW 88 Avenue, north of Lagos de Campo Boulevard. RESOLUTION R-92-24-PASSED Removed for discussion on Page 2. APPROVED with conditions. City Attorney Kraft read Temp. Reso. #6228 by title. C/M Katz said his concern is with the names involved. He said British Colonial Resort Villas is no longer the name of the people responsible for this property. He said their name was changed to Coral Palms Limited and requested the names be changed accordingly. C/M Schumann said "a/k/a" or "also known as Coral Palms Limited" is indicated in the backup which should be sufficient. Mike Couzzo, Director of Public Services, said this had been reviewed by former City Attorney Alan Ruf who agreed that the "a/k/a" was sufficient. Mr. Kraft said Coral Palms Limited is indicated on the signature page• C/M Katz MOVED to APPROVE Temp. Reso. #6228 based on the clarification by the City Attorney, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Council Regular Meeting 2/26/92/KJ Page 4 CONSIDERA`T�ON$ General_ Adminiat-rative 5. XQTIQX XQ AUTHORIZE payment in the amount of $1,757,372.00 to Broward County Board of County Commissioners as square one debt adjustment for Tamarac's purchase of wastewater treatment and transmission reserved capacity, with funds to come from Utilities West account entitled Square One Debt Fund. C/M Schumann MOVED to APPROVE Item 5, SECONDED by C/M Katz. Mary Blasi, Finance Director, said in 1988, Council decided to dismantle the City's WasteWater Treatment Plant due to a feasibility study for the cost of expanding that plant in comparison to going to a regional wastewater facility, which was called the 201 Plan. She said Council had approved a large user wastewater agreement with'Broward County Utilities requesting that they purchase so many million gallons per day of reserved capacity. Ms. Blasi said at that time, the County did not have enough capacity to serve all of Tamarac; therefore, Tamarac leased from Deerfield Beach and Pompano Beach the required reserved capacity and paid them monthly. She said Broward County went to an expansion program required by a large user agreement, so that Tamarac would have sufficient capacity in January, 1992. She said the expansion has been completed and the permits have been issued. She said Tamarac is required to pay for the additional capacity; Tamarac currently owns 8.8% of the reserved capacity. She read from the Large User Agreement. Ms. Blasi said all of the large users will be receiving checks as of March 1, 1992 because their total percentage of the plant went down due to not requiring as much with the expansion. She said Tamarac's debt service charges were previously based on a net increase of 3% for treatment which amounts to $1,757,372. Mayor Abramowitz said he had been signing checks in the amount of $20,000 monthly for this. He expressed his appreciation to Ms. Blasi for her insight regarding this. Ms. Blasi said the money has been reserved since 1988. VOTE: ALL VOTED AYE 6. MOTION TO APPROVE the Selection Committee's recommendation to engage the firm of Fine, Jacobson, Schwartz, Nash, Block and England as bond counsel for the refinancing of outstanding City bonds at a cost not to exceed $26,500.00, including expenses, with all fees to be contingent upon issuance of bonds. SYNOPSIS OF ACTION: APPROVED C/M Katz MOVED to APPROVE Item 6, SECONDED by C/M Schumann. Mayor Abramowitz requested that Selection Committee recommendations be brought before Council prior to Regular Council meetings. Mr. Kelly said in attempting to reissue and refinance the outstanding bonds of the City, Council appointed a Selection Committee to review the qualifications of the proposed Financial Advisors. He said the Selection Committee consisted of Leo Platz, Chairman of the Investment Advisory Board, Mary Blasi, Finance Director, and himself. City Council Regular Meeting 2/26/92/KJ Page 5 Mr. Kelly said the City received five applications; one of which was received the day of the meeting. He said of the four applications previously received, the fee range was between $20,000 to $57,000 for their services to be provided. He said expense caps range from $2,500 to $6,000. He said overall the fee proposed by Fine, Jacobson was the lowest until the proposal by Tillinghouse, Collins and Graham was received at a proposed fee of $18,500 or $130 to $210 per hour. Mr. Kelly said in reviewing the applications, the Committee determined that Fine, Jacobson was the most appropriate and most qualified firm to be selected based on their past experience in the issuance of all previous City bond issues. He said Gerry Heffernan of Fine, Jacobson has been available to the City without charge any time the City has had questions regarding bond issues. He recommended approval. Mayor Abramowitz requested clarification of "fees being contingent upon the issuance of bonds". Gerry Heffernan, attorney for Fine, Jacobson, et.al., said this means that if the bonds are never closed, they proceed with the attempt to do this financing until it is no longer feasible or no longer makes economic sense to do the transaction and the time spent is not charged, unless the bonds are issued. He said when the bonds are issued and are sold, then the fee will be charged. Mayor Abramowitz asked if the determination of the selling price is based on market evaluation and Mr. Heffernan said, yes. Mayor Abramowitz asked if the City has the ability to say no if it is not desired and Mr. Heffernan said, yes, and the Underwriter who is selected will come before Council with the details and if the Council is not satisfied with those details, based upon the Financial Advisor's considerations, Council can at any time decide not to go forward with the bond transaction. VOTE: ALL VOTED AYE Occupational Licenaea 7. MOTXOX TO APPROVE renewal of a special extended hours permit for on -premises consumption of alcoholic .beverages for three (3) years requested by OASIS LOUNGE at THREE LAKES PLAZA pursuant to Section 3-5 of the Code. FINAL ACTTQN- APPROVED the renewal of the existing special extended hours permit of the 7 a.m. opening time and open hours till 4 a.m. on New Year's Eve and St. Patrick's Day only. Council requested that the City Attorney meet with Occupational Licensing regarding the possibility of issuing permits for daily 4 a.m. hours. C/M Schumann MOVED to APPROVE Item 7, SECONDED by C/W Glasser. Mr. Kelly said the Oasis Package Lounge is located at Three Lakes Plaza and is contiguous to other municipalities and jurisdictions and there are lounges in those areas which remain open later which takes business away from them. He said the applicant is requesting a special permit for extended hours daily, including Sundays, for the hours of sale to be extended to 7:00 a.m., which is one hour earlier than the standard 8:00 a.m. opening. Mr. Kelly said for New Year's Eve, December 31st, the hours may be extended to 4 a.m. as well as for St. Patrick's Day, March 17th. He said the special permit is for a three year period and was originally approved by Council on July 10, 1985. Mayor Abramowitz asked what the permitted hours of operation are at present and Mr. Kelly said 2 a.m. City Council Regular Meeting 2/26/92/KJ Page 6 Mayor Abramowitz asked if the applicant is requesting permission to remain open until 4 a.m. and Mr. Kelly said the applicant has requested that the extended permit for consumption be considered to be renewed for an additional three year period under the terms previously stated. Mr. Kelly said this would be one hour earlier and until 2 a.m. as at present. After much discussion concerning the applicant's request, Robert Tooke, owner of the Oasis Lounge, said the request is for a renewal of a special permit he obtained in 1985. He said he had sent a letter to the Council and Mayor in the past, requesting that his hours be extended until 4 a.m. daily. He said he is permitted to remain open til 4 a.m. on New Year's Eve and St. Patrick's Day at present. C/M Schumann asked if he is looking to open at 7 a.m. instead of 8 a.m. and Mr. Tooke said he has been opening at 7 a.m. since he has been in operation. Mr. Tooke said the application is for the one hour earlier and the two days remaining open until 4 a.m.; however, he would like to extend it to be open until 4 a.m. daily, based on his competition's hours. C/W Glasser asked if the competition is in Tamarac and Mr. Tooke said the competition is in Broward County jurisdiction. Mayor Abramowitz said Mr. Tooke paid $500 for this special extended permit. Ms. Carpenter said she feels this should be addressed by Judy Yacobellis in Occupational Licensing. She said she reads this as the extended hours are solely for New Year's Day and St. Patrick's Day and no other days. Mr. Kelly said there is not a waiver provision in this section of the Code for Council to provide the waiver to the additional hours, which would need to be addressed first. Mr. Kraft said he interprets this request as being for those two specific days and the applicant is looking for a waiver. Mayor Abramowitz asked if there is a provision in the Code, if Council decided to address this problem and Mr. Kraft said he does not see a provision for this. TAPE 2 Mr. Kelly said Council may renew the application as is. Mayor Abramowitz asked if there is a provision in the Code which would give Council the right to make a decision to permit his remaining open until 4 a.m. daily if there is an actual request to pursue it and Mr. Kraft said he is not aware of it. C/W Glasser asked if there is another establishment in Tamarac which is open until 4 a.m. and Mayor Abramowitz said, no, there is no provision in the Code to permit it. Mayor Abramowitz requested that Council act on this request as is and for City Attorney Kraft to meet with Occupational Licensing to make the determination as to whether Council has the right to make a waiver of this type, other than going to Referendum and a change in the Code. VOT$: C/M Schumann - NAY C/W Glasser - AYE V/M Bender - NAY C/M Rats - AYR Mayor Abramowitz - AYE 1 City Council Regular Meeting 2/26/92/KJ Page 7 8. a . 1=ION TO ADOPT Tem^, R&so _ 46222 appointing members to the INSURANCE ADVISORY HOARD. b. MOTION TO ADOPT,jg=_ Reno_ #6229 appointing members to the PARKS AND RECREATION BOARD. C. XQTION TO ADOPT TemR. ReSQ„,_ #6230 appointing members to the CONSUMER AFFAIRS COMMITTEE. SYNOPSIS OF ACTION! final action. a. See Page 13 for b. See Page 14 for final action. C. See Page 15 for final action. 8.a. Mr. Kraft read Temp. Reso. #6222 by title. Mayor Abramowitz said the Insurance Advisory Board and the Parks and Recreation Board have not been able to hold meetings due to lack of a quorum. He said there have been applications received from people interested in attending and participating on these Boards. C/M Katz requested that Items 8.a., 8.b. and 8.c. be placed as the last item on the agenda in order to continue with the business on the agenda involving Staff members. C/W Glasser suggested this be done at a Special Council meeting in order to be sure the applicants have the appropriate background for these Boards as well as the time needed to serve. Mayor Abramowitz agreed to move these Items to the end of the meeting. 10, concerning a request by Barry S. Eden, Trustee, for special exception to permit a restaurant in Bay 1 of WOODMONT COMMONS, 8001 West McNab Road, which is zoned B-1 (Neighborhood Business). Petition #1-z-92 ,AYNOPSIS OF. ACTION: RESOLUTION R-92-28-PASSED APPROVED with conditions Mr. Kraft read Temp. Reso. #6224 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6224, SECONDED by C/W Glasser. Ms. Carpenter said this is an application by Barry Eden for a restaurant at Woodmont Commons located at the northeast corner of McNab Road and NW 70 Avenue. She said the specific request is for Bay 1 comprised of 1,320 square feet of space. She said Woodmont Commons is currently zoned B-1 and designated commercial on the Land Use Map. She said Woodmont Commons was platted in 1971 and is not restricted as to uses. Ms. Carpenter said the surrounding land uses are as follows: north -residential (R3-U), south -residential (R4-A), east - commercial (B-1) and west -commercial (B-6). She said the applicant has established, and Staff concurs, that the eleven required parking spaces are currently available on site. Ms. Carpenter said the applicant has supplied a letter indicating that the required dumpster and garbage pickup are supplied. She said the dumpster is properly located on the site plan. She said the applicant has submitted his intention by letter to provide the required odor control plan. She said the Bay is at least 100 feet from the nearest residential property line and the site was posted. City Council Regular Meeting 2/26/92/KJ Page 8 Ms. Carpenter said the application meets all requirements for special exception as delineated in the restaurant section of the Master Business List. She said the applicant does not know who the tenant is going to be; however, the Code has no prohibition against the applicant bringing it forward without a known tenant and Staff does not object to it. Ms. Carpenter said the Planning Commission and Staff recommend conditions based on not knowing who the tenant may be as follows: a) limit the hours of operation to 11 p.m., b) no on -premises consumption of alcohol, c) no dancing or cabaret, d) if there is carry -out, a limitation for no food consumption in the parking lot, e) no pizza restaurants, f) provide an odor control plan prior to receipt of a building permit, and g) a special exception tied to the Bay, so that all of the conditions are met by the applicant, which could be administratively transferred as long as all fees are paid and business is not closed for more than 60 days. Ms. Carpenter said the Planning Commission recommended approval. VOTE: ALL VOTED AYE 11. MOTION TO ADOPM,Tpmp_ Rego_ #6232 authorizing the appropriate City officials to execute the Ninth Amendment to the Interlocal Agreement with Broward County providing for the division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance. SYNOPSIS OF ACTION: RESOLUTION R-92-29-PASSED APPROVED Mr. Kraft read Temp. Reso. #6232 by title. C/M Katz MOVED to APPROVE Temp. Rosh. #6232, SECONDED by C/M Schumann. Mr. Kelly said if the City wants to receive the proceeds from the distribution of the local option gas tax money, the City must sign this agreement. He said the Broward County Commission approved a 30 year extension of the six cent Local Option Gas Tax. He said the City's share of this is 1.536 based on their new formula and base the City's population as 46,140. VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED at 9:58 a.m. and RECONVENED this meeting at 10:00 a.m. with ALL PRESENT. 13. on second reading concerning a request by ULYSSES G. TELEGADIS/ BROOKWOOD PLAZA to rezone land on the south side of McNab Road, between NW 70 Avenue and Brookwood Boulevard, from B-1 (Neighborhood Business District) to B-2 (Planned Community Business District). Petition #70-Z-91 SYNOPSIS OF ACTION, ORDINANCE 0-92-11-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1596 by title. C r L City Council Regular Meeting 2/26/92/KJ Page 9 C/M Katz MOVED to APPROVE Tamp. Ord. #1596, SECONDED by C/M Schumann. Ms. Carpenter said this is a request to rezone from B-1 (Neighborhood business) to B-2 (Community business). She said the applicant voluntarily amended his request to eliminate any B-3 uses and is proceeding solely with B-2 in front of Council. Ms. Carpenter said this parcel constitutes 9.16 acres and contains an existing 20,000 square foot shopping center, of which approximately 30% is currently vacant. She said this request was engendered by the City's refusal to license a printer at this location, for which a B-2 designation is required. Ms. Carpenter said the parcel is currently designated commercial on the City's Land Use Map and is surrounded by the following: north -low -medium density residential and commercial, south -low density and low -medium density residential, east --commercial, and west -commercial. Ms. Carpenter said this parcel was platted in 1979 and is in compact deferral. She said no site plan can be approved or building permit issued for the undeveloped parcels until the applicant sets forth an action plan which will solve the parcel's travel problems. Ms. Carpenter said the recommendation is to rezone the entire parcel to B-2 which is supported by the Planning Commission and Staff. She said during the first reading, Council expressed its desire to not have an auto body and paint shops or pawn shops on the premises. The applicant has volunteered this in the form of a restrictive covenant (Item 9 on the agenda). She recommended approval. Mayor Abramowitz asked what happens if Council approves this at present and the applicant refuses the restrictive covenant in Item 9 and Mr. Kraft said Council can rescind the Ordinance. C/M Schumann asked if Mr. Kraft is satisfied with the Declaration of Restrictions and Mr. Kraft said, yes. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 14. - on first reading concerning a request by Keith & Schnars, P.A./Smilen Development Corp. to rezone lands at the corner of NW 88 Avenue and NW 75 Street (WOODMONT TRACT 67) from R-4A (Planned Apartments) to R-1 (Single Family Residential). Petition #71-Z-91 SYNOPSIS OF ACTION - WITHDRAWN by applicant. Mr. Kraft read Tamp. Ord. #1599 by title. Ms. Carpenter said she received a phone call with written confirmation from the applicant requesting this item be withdrawn. V/M Bender MOVED to WITHDRAW Temp. Ord. #1599, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE City Council Regular Meeting 2/26/92/KJ Page 10 15. PUBLIC HEARIXrZ MOTION TO ADOPT Temn _ Q=d,, #1600 on first reading concerning a request by Martin Riefs/Lennar Homes to rezone lands described as the TRENT Recreation Area from R-3U (Rowhouse District) to S--1 (Open Space/Recreational District). Petition #2-Z-92 Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on Wednesday, March 11, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1600 by title, C/M Katz MOVED to APPROVE Temp. Ord. #1600, SECONDED by C/M Schumann. Ms. Carpenter said this is a request to rezone a 1.601 acre tract in the Trent subdivision from R-3U to S-1. She said the area proposed for the rezoning will contain recreation features of the Trent project. She said the City can use these properties which are zoned for recreation to meet the City's requirements for parks under the County Land Use Plan. Ms. Carpenter said the surrounding uses are as follows: north -low medium density residential, south -medium density residential, east and west -low -medium density. She said the zoning is compatible with the surrounding land uses and supports the policies of the Comprehensive Plan concerning the preservation of residential neighborhoods, compatible uses, and the provision of open space and recreation lands. Ms. Carpenter said the site plan for Trent has already been approved and the park and impact fees were paid at the time of plat approval. She said the Planning Commission and Staff recommend approval. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 16. ING - on first reading concerning a request by Martin Riefs/Lennar Homes (MALVERN project) to rezone lands along Westwood Boulevard, east of Nob Hill Road (a portion of HIDDEN HOLLOW APARTMENTS), from R-4A (Planned Apartments) to R-3 (Low Density Multi -Family Residential). Petition #3-Z-92 SYNOPSIS OF ACTION: TABLED to Council meeting of Wednesday, March 25, 1992 at or after 10:00 a.m. Mr. Kraft read Temp. Ord. #1601 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1601, SECONDED by C/W Glasser. Ms. Carpenter said Staff requested this item be Tabled to March 25, 1992 at 10:00 a.m. due to technicalities between Staff and Lennar Homes. C/M Schumann MOVED to TABLE Temp. Ord. #1601, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Council Regular Meeting 2/26/92/KJ Page 11 17. on second reading to amend Section 24-81 of the Code concerning restructuring the membership of the Plan Adjustment Committee. SYNOE=- OF ACTION: TABLED for a revision of the Ordinance title for advertising purposes. Second reading and public hearing will be held on Wednesday, March 11, 1992 at or after 7:30 p.m. Mr. Kraft read Tamp. Ord. #1578 by title. C/M Katz MOVED to APPROVE Tamp. Ord. #1578, SECONDED by C/M Schumann. Ms. Carpenter requested a Tabling of this item. She said when it was discussed on October 23, 1991, the public raised some questions which have been corrected in the Ordinance; however, it changed the title and the old title was advertised. She requested this be placed on the March 11, 1992 agenda. C/M Katz MOVED to TABLE Tamp. Ord. #1578, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE EDITOR'S NOTE: Temp. Ord. #1578 was not on March 11, 1992 City Council agenda, but on March 25, 1992 agenda instead. 18. - on second reading to amend Section 6-147 of the Code by increasing the threshold amount for competitive bidding from $2,000.00 to $10,000.00 to comply with the Charter. ORDINANCE 0-92-12-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Tamp. Ord. #1591 be title. C/M Schumann MOVED to APPROVE Temp. Ord. #1591, SECONDED by V/M Bender. Mr. Kelly said the Referendum that was held provided that the City increase the threshold for competitive bidding which was down to the limit of $2,000. He said the Code does not comply with this and this is to change,the Code to comply with the Charter. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 19. - on second reading to amend Section 6-150 of the Code by deleting from "Open Market Procedure" language regarding purchases between $2,001.00 and $5,000.00 to comply with the Charter. ORDINANCE 0-92-13-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1592 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1592, SECONDED by V/M Bender. Mr. Kelly said the City has deleted from the Code the phrase regarding purchases between $2,001 and $5,000 in bidding. City Council Regular Meeting 2/26/92/KJ Page 12 C/M Katz said this is to allow for the $2,000 to $10,000 and Mr. Kelly agreed. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 20. RIML= HEARING - on second reading to amend Section 6-151 of the Code by providing that one (1) source purchases in excess of $10,000.00 require a formal.written contract approved by the City Council to comply with the Charter. SYNOPSIS -OF ACXION: ORDINANCE 0-92-14-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1593 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1593, SECONDED by C/M Schumann. Mr. Kelly said this is for $10,000 instead of $2,000. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: I ALL VOTED AYE 21. on second reading to amend Section 6-156 of the Code by providing that the City Manager may authorize change orders in contracts not in excess of $10,000100 to comply with the Charter. SYNOPSIS _OF, A!r.IT ON: ORDINANCE 0-92-15-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1594 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1594, SECONDED by V/M Bender. Mr. Kelly said this provides the City Manager with the authority to make change orders that do not exceed $10,000. He suggested that Council adopt a policy that these actions be referred to Council in order to allow for Council input. He suggested that a policy, separate from the Code, be adopted by Council if it would be more comfortable. He said this has been discussed with the City Attorney who agrees it is not appropriate for the Code. C/M Katz said his concern is that some of the change orders Council has had to approve were after -the -fact. He said he feels that some of those change orders were unnecessary and should have been picked up by the architect or engineer and was not the fault of the City. He said Council should be aware that a change order is coming up prior to the City Manager making this authorization. He said he agrees that a separate item can be made part of it, based on the City Attorney preparing such a document. Mayor Abramowitz OPENED the Public Hearing. Melanie Reynolds, resident, said she had understood that Council had agreed to eliminate the use of change orders in the past and Mr. Kelly said the City cannot do away with change orders. Mayor Abramowitz CLOSED the Public Hearing with no further response. VOTE: ALL VOTED AYE City Council Regular Meeting 2/26/92/KJ Page 13 22• PUBLTC RMARTNr. - on second reading to create a Section 16-228(f) of the Code to provide a cost of living adjustment benefit for pension participants receiving a normal retirement benefit. ORDINANCE 0-92-16-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1595 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1595, SECONDED by C/M Schumann. Peter Mack, Personnel Director, said this is a no cost item to the City and to the Pension Board. He said this provision provides for a cost of living adjustment which would only be done if there is an actuarial gain experienced and would only be in the amount of a maximum of 2% and granted only to normal retirees and would not be cumulative. C/M Schumann asked if this excludes disability retirees and Mr. Mack said that is correct, it is only for normal retirees. Mayor Abramowitz asked about the increase cap and Mr. Mack said this is a maximum of 2% if there is an actuarial gain, not annually and not cumulative. Discussion was held regarding this. Mayor Abramowitz OPENED the Public Hearing. Melanie Reynolds, resident, said she feels this is a bonus rather than a cost of living adjustment and Mr. Mack disagreed. TAPE 3 C/M Katz asked if there is a 2% increase, and another increase occurs, would the initial increase be compounded and Mr. Mack said it would not be cumulative. C/M Schumann explained that if a retiree is receiving $100 and there is a 2% increase, it would become $102 and if there is another 2% increase next year, it would remain $102, which would be 2% of the initial $100, not on the $102. Ray Munitz, resident, said the expression is that the amount that is being granted is not compounded. Mayor Abramowitz CLOSED the Public Hearing with no further response. VOTE: ALL VOTED AYE 8. a. appointing members to the INSURANCE ADVISORY BOARD. RESOLUTION R-92-25-PASSED APPROVED the appointment of Harry Blume and Martin Dranit to the Insurance Advisory Board. Mr. Kraft read Temp. Reso. #6222 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6222, SECONDED by C/M Schumann. Mayor Abramowitz said he has been besieged by Chairman Assenzio requesting that Council appoint members who are interested in attending the meetings of the Insurance Advisory Board in order to handle business with the Risk Manager, which cannot be done City Council Regular Meeting 2/26/92/KJ Page 14 without a quorum. He said two applications have been received for these positions. C/M Schumann MOVED to APPROVE the appointment of Harry Blume and Martin Dranit to the Insurance Advisory Board, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 8• b• appointing members to the PARKS AND RECREATION BOARD. SYNOPRTR Or ACTION: RESOLUTION R-92-26-PASSED APPROVED the appointment of Bernard James, John Pellegrini and Ben Zuger to the Parks and Recreation Board. Mr. Kraft read Temp. Reso. #6229 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6229, SECONDED by C/M Schumann. C/M Schumann said the Parks and Recreation Board has two vacancies and the Chairperson has not attended the past few meetings. Mayor Abramowitz asked what the rule is on absenteeism of these meetings and Mr. Kelly said the rule is being absent from three consecutive meetings. C/M Schumann requested that three appointments be made at present. Nominations were as follows: C/M Schumann - Bernard James John Pellegrini Ben Zuger C/M Katz - Bernard James John Pellegrini Ben Zuger C/W Glasser - Bernard James Nat Berg Murray Schwartzman V/M Bender - John Pellegrini Ben Zuger Bernard James Mayor Abramowitz - Ben Zuger John,Pellegrini Bernard James VOTE: C/W Glasser V/M Bender C/M Katz C/M Schumann - Bernard James Nat Berg Murray Schwartzman - John Pellegrini Ben Zuger Bernard James - Bernard James John Pellegrini Ben Zuger - Bernard James John Pellegrini Ben Zuger Mayor Abramowitz - Bernard James John Pellegrini Ben Zuger City Council Regular Meeting 2/26/92/KJ Page 15 Mayor Abramowitz requested that the problem which arose during the discussion be brought before the Parks and Recreation Board for discussion and recommendations for Council and C/M Schumann agreed. 8. c. MOTION TO ADOPT Tema. Recto_ 16230 appointing members to the CONSUMER AFFAIRS COMMITTEE. SYNOPSIS QF ACTION - Council directed the City Manager to prepare a letter to all applicants and members as to the duties of the Consumer Affairs Committee. Mr. Kraft read Temp. .Reso. #6230 by title. C/W Glasser said there are two vacancies and two alternates needed for the Consumer Affairs Committee. She said the problem with this Committee is that most people who apply for it are not fully aware of the necessary qualifications and requirements and the fact that there is more than just one meeting per month. C/W Glasser said there are at least two days per month that the Board members have to spend in the office handling incoming cases. Mayor Abramowitz suggested that the City Manager send a letter to each applicant and Board member explaining the duties of the position and all agreed. 9. MOTION TO ADOPT ,Temp. Reno. #6231 approving and accepting a Declaration of Restrictions offered by Ulysses G. Telegadis, Trustee, prohibiting auto paint body shops and pawn shops in BROOKWOOD PLAZA (Rezoning Petition #70-Z-91). SYNOPSIS OF ACTION: RESOLUTION R-92-27-PASSED APPROVED Mr. Kraft read Temp. Reso. #6231 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6231, SECONDED by C/M Schumann. Ms. Carpenter said this is a restrictive covenant which goes along with the Rezoning Case #70-Z-91 prohibiting auto paint body shops and pawn shops in Brookwood Plaza. VOTE: ALL VOTED AYE 23. City Council C/M Schumann -- No report. C/M Katz said he had spoken at different condo and homeowner associations regarding the fitness room at the Multi -Purpose Center. He said there has been an increase from 5 people per day to over 60 on a waiting list. He suggested Council consider switching the Game Room and the Fitness Room around to accommodate more people and possibly add another treadmill. C/M Katz said at the previous Council meeting, a carnival was approved. He said there is concern as to the Jaycees providing adequate protection for the time or hours they are open. Mr. Kelly said the Jaycees do provide for coverage for 30 hours out of the 34 hours they will be open. He said Council needs to make a determination as to whether or not police protection is needed for the entire 34 hours or longer. He said he has received complaints from the area residents complaining about the carnival City Council Regular Meeting 2/26/92/KJ Page 16 people coming to their homes requesting water or electrical hookups. C/W Glasser said Council needs to provide the parameters of conduct for the health, safety and welfare of the residents prior to the approval of a carnival. Mayor Abramowitz said the City Manager's recommendation was to deny the carnival based on too many inconsistencies; however, it was approved and Council should force the Jaycees to provide for police protection for the full 34 hours that they are open. Mr. Kelly recommended that the Jaycees provide full police coverage. EXPRESSION OF INTEREST: ALL AGREED C/W Glasser - No report. V/M Bender - No report. Mayor Abramowitz said he received information from Jane Carroll's office, Supervisor of Elections, regarding Precinct 25J and 20J. He said Precinct 25J had permanently been changed from All Saint's Lutheran Church to Tamarac Recreation Center. Mayor Abramowitz said he received notification from Jane Carroll's office that the branch office in the Tamarac Library will be closed as of March 9, 1992 and the new branch office is located at 8020 W. McNab Road in the Shoppes of Tamarac in North Lauderdale. C/W Glasser asked if the new office is in operation at present and Mr. Kelly said it has been in open since February 24, 1992. Mr. Kelly said discussion will be held with Jane Carroll regarding having a branch office in City Hall and Mayor Abramowitz agreed. Mayor Abramowitz referred to Mr. Kraft and stated his concerns regarding Mr. Kraft's involvement in the pending litigation between C/W Glasser, V/M Bender and the City. He said every member of Council has the right to advice from the City Attorney regarding the City and every written response should be copied and sent to every member of Council, including the Mayor. He said the City Attorney works for the City Council as a whole. C/W Glasser said she had asked Mr. Kraft to respond to what she thought was a conflict of interest. She said this had occurred in past meetings with former City Attorney Ruf as to whether or not she had a conflict of interest on particular matters. TAPE 4 C/W Glasser referred to past situations utilizing the City Attorney's services. Mayor Abramowitz said he has no objection to C/W Glasser speaking with Mr. Kraft, but his meeting with the attorneys involved in this suit. He said he feels this is a conflict of interest and will refer this to the Bar Association, State's Attorney office and the Ethics Commission for their opinion in this. 24. CitX Manager Mr. Kelly said the Jehovah's Witnesses are still in the process of pulling their permits and there has been no activity there to warrant any additional supervision. Mr. Kelly said 950 lights out of the 1,234 total have been replaced by FP&L and the remainder should be installed by the end of July, 1992. He said there is a balance due of $113,971 to the City in order to complete the lighting upgrade. He said he will be looking in the budget for the additional costs. Mr. Kelly said at the next Council meeting, there will be an amendment to the agreement adding $26,000 to the group cities for recycling efforts. City Council Regular Meeting 2/26/92/KJ Page 17 E LJ Mr. Kelly said he has received several complaints regarding activities in Land Section 7, such as the use of all -terrain vehicles and shotguns being fired. He said he requested that Mr. Stacker place "No trespassing" signs on the property. He said he informed the BSO that the City has an Ordinance on the books stating that any all -terrain vehicle must have written permission from the owner of the property to utilize their property. Mr. Kelly said the second step for the refinancing of the City's bond issue will be held in the afternoon to meet with the three selected Financial Advisors which include Florida Municipal Advisors, Barnett Bank and First National Bank. He said the Committee has since reconsidered their selection of Barnett Bank, due to the fact that they are out of Orlando; therefore, the considerations would be between Florida Municipal Advisors and First National Bank. Mr. Kelly said he will be meeting with the General Consulate of Japan on Friday evening, February 28, 1992 and with the German Consulate on March 2, 1992. Mayor Abramowitz announced that Tamarac is one of the first to go on the new, "We Care" program, of which he is the Chairman. He said the Social Services Board has been requesting this for a long time and will kick-off next week. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:25 a.m. CAROL A. EVANS CITY CLERK BENDER MAYOR CITY OF TAMARAC APP VED AT MEETING, -OF City Clerk