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Home My WebLink About1991-03-13 - City Commission Regular Meeting Minutes@x- ۥg �� e� � t �t t �t �t �t �t �� - � �� ( � �( � � A #�# �( K �O �O �O �O �O �O �O �O �O �O �O �O �O �4 �� C ITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MARCH 13, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, March 13, 1991 at 7:00 p.m. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation for the men and women overseas. PRESENT: Mayor Norman Abramowitz Councilman Dr. H. Larry Bender Councilman Henry Schumann ABSENT AND EXCUSED: Vice Mayor Bruce Hoffman Councilman Henry Rohr ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ************************************************************************ Mayor Abramowitz congratulated the newly elected Council and Charter Board members as follows: Councilwoman Diane Glasser Councilman Irving Katz Charter Board Member Muriel Davis Charter Board Member David Krantz Charter Board Member Morton Winter 11. a. Discussion and possible action regarding a time extension to respond to the requirements of the Fourth District Court of Appeal on the Referendum Appeal. SYNOPSIS OF ACTION: Agendized by Consent (See Page 8). * C/M Schumann MOVED to ADD Item 11. a. to the Regular Agenda, * SECONDED by C/M Bender. VOTE: ALL VOTED AYE INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating May 5-11, 1991, as "NATIONAL DRINKING WATER WEEK". SYNOPSIS OF ACTION: Presentation was made and accepted by City Manager Kelly. City Manager Kelly expressed his appreciation and he said everyone takes water for granted. He said the City is accepting applications for a lab technician to work in the Utilities Department to oversee the City's quality of water. He said the City has a hold on most of the positions in the City to assure a balanced budget. He said this person monitors and controls the quality of water that all of the residents use daily. He said there is an imposed water restriction, but the residents drink a lot of water. 2. PRESENTATION of a plaque to the City from Child Care Connection in appreciation for funding received for the fiscal year. SYNOPSIS OF ACTION: Presentation was made to Mayor Abramowitz by Karen Langman. Karen Langman, representative from the Child Care Connection, said the Child Care Connection must raise close to $600,000 in local match funds in order to provide subsidized day care for 2,700 needy children in Broward County. She said the State of Florida provides $11.50 to local central agencies who provide this day care for every dollar raised by the Child Care Connection. She expressed her appreciation on behalf of the Child Care Connection to the City of Tamarac for the generous donation of $1,000, which will provide the subsidized day care for three children for one year. Mayor Abramowitz expressed his appreciation on behalf of the City for the presentation. PUBLIC PARTICIPATION 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. Jeanette Davis, resident of Lime Bay, expressed her concerns regarding the recent muggings in Lime Bay. She asked if there will be more protection provided for the residents of Lime Bay. She asked for suggestions on how the residents can protect themselves more thoroughly. Mayor Abramowitz said he had requested three minutes to speak at Lime Bay from Anthony Silvestri, President of Lime Bay. He said the Broward Sheriff's Office has been present in Lime Bay from the moment these occurrences began. He said the BSO has had their SET team, who are undercover detectives, hidden in the bushes and with the residents seeing them in the bushes, were never reported. Mayor Abramowitz said the BSO received a call from Mr. Silvestri on Monday, March 11, 1991, reporting that someone in Lime Bay had seen a vehicle of suspicious nature and Ms. Davis said it was she who made this report. Mayor Abramowitz said that vehicle's tag number was given to BSO and they are working on this case. He said the City Manager has requested that the BSO supply a heavier presence at the closing time of the Lime Bay Clubhouse. He requested that everyone call "911" if they see anything suspicious. He said the men who were involved in the home invasions have been apprehended. City Manager Kelly said the arrest of these men cleared up 92 cases throughout all of South Florida due to two good fingerprints from the scene in Tamarac. Mac Rich, resident of Lakes at Carriage Hills, expressed his concerns regarding the taxes and millage rate in Tamarac. Irving Katz, newly elected Councilman and resident of Lakes at Carriage Hills, expressed his appreciation to those volunteers who participated in the election. He said he feels the residents of the City did themselves a disservice during the course of the election due to an opinion from the Attorney General's office which was erroneous, of which it was proven that they could have held Candidates' Nights during the course of the election campaign. He said the people were not served properly in that they were not allowed to hear the candidates, their credentials, their qualifications, and what they stood for to the public. He said he feels something should be done so that a candidate can visit every clubhouse in every section and condo and make his presence known. Mr. Katz said he would be participating in the March of Dimes, WalkAmerica on April 6, 1991 as a Councilman of Tamarac. Lillian Greenberg, resident of Lime Bay, said that Lime Bay is a very open community which cannot be fenced off to allow private security. She asked if it would be possible to place "No Trespassing" signs on the grounds to prevent people from fishing in the canals in Lime Bay. She asked if it would be possible to stop people from posting flyers on the Lime Bay residents' doors. Mayor Abramowitz said there has been a fishing problem for many years; however, the canals are public waterways and are available to anyone in the State. He said the only person who can have a person removed from a location is the owner of the property or the Condo Association representative. He said he feels the Condo Association has every right to prohibit the placement of flyers. He suggested that Mr. Silvestri contact the City Manager and the Code Enforcement Department regarding this. Kori Popkin, resident of Lime Bay, asked if Lime Bay can place Crime Watch signs near the entrance and Mayor Abramowitz said he will get Crime Watch signs for Lime Bay. Anthony Silvestri, president of Lime Bay, said he sent a letter to Mayor Abramowitz containing a complete breakdown of the situation in Lime Bay. He said Lime Bay has been working with the BSO on the special detail that they have. He said the residents of Lime Bay have a right to be frightened, but they knew that the BSO was present. He said he is pleased that no one asked for protection at specific times. Mr. Silvestri said there are six new "No Fishing" signs on the Lime Bay property. He said there will be a presentation of how to set up for better protection at the next meeting of the Board of Directors on March 28, 1991. Mayor Abramowitz requested that Captain Goldstein or another representative of the BSO attend that meeting. Murray Storch, resident of Lime Bay, suggested that part-time off-duty police security be hired for Lime Bay. He said it would cost the residents approximately $6 per month. Mayor Abramowitz said the security is not drawn from the local precinct when someone requests and pays for security service. He said they are drawn from outside the City. CONSENT AGENDA 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. City Clerk a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 2/20/91 - Special Meeting 2. 2/27/91 - Regular Meeting 3. 3/01/91 - Special Meeting SYNOPSIS OF ACTION: APPROVED Community Development b. MOTION TO ADOPT Temp. Reso. #6001 vacating a temporary utility easement for spray irrigation purposes at SABAL PALM GOLF COURSE as recorded in O.R. Book 11735, Page 544, of the public records of Broward County, Florida (tabled on 2/27/91). SYNOPSIS OF ACTION: RESOLUTION R-91-41 - PASSED APPROVED Engineering/Utilities c. MOTION TO ADOPT Temp. Reso. #6004 accepting two (2) 15-foot Tamarac Utilities West Water and Sewer Utility Easements offered by Pebb Enterprises to contain two (2) fire hydrants at POINT PLAZA SHOPPING CENTER. SYNOPSIS OF ACTION: RESOLUTION R-91-42 - PASSED APPROVED d. 1. MOTION TO APPROVE the First Amendment to the Water & Sewer Developers Agreement for WALGREENS/WOODMONT SHOPPES. 2. MOTION TO ADOPT Temp. Reso. #6005 approving an Assignment of the Water & Sewer Developers Agreement from Weicholz Management Corporation of N.Y. to Build To Suit Partners II for the WALGREENS/WOODMONT SHOPPES project. 3. MOTION TO APPROVE refund of $598.10 in Water & Sewer CIAC fees to Weicholz Management Corporation of N.Y. based on recomputed figures for the WALGREENS/WOODMONT SHOPPES project. SYNOPSIS OF ACTION: RESOLUTION R-91-43 - PASSED APPROVED d. 1., 2., and 3. General Administrative e. MOTION TO ACCEPT donation of a 1985 4-door Mitsubishi Gallant from City Manager John Kelly to the City of Tamarac. SYNOPSIS OF ACTION: APPROVED f. MOTION TO APPROVE the attendance of Dina M. McDermott, Assistant City Manager, at the Florida City and County Management Association May 15-18, 1991, in Pensacola, Florida. SYNOPSIS OF ACTION: APPROVED * C/M Bender MOVED to APPROVE the Consent Agenda, SECONDED by * C/M Schumann. VOTE: ALL VOTED AYE CONSIDERATIONS General Administrative 5. DISCUSSION AND POSSIBLE ACTION regarding the settlement of Claim #90-3, Onorato vs. City of Tamarac, in the amount of $25,000.00. SYNOPSIS OF ACTION: DENIED * C/M Schumann MOVED to APPROVE Item 5, SECONDED by C/M Bender. C/M Schumann said he feels this matter should be disapproved for settlement in this amount. He said this is a case involving an accidental injury on City property. He said he feels the case file is lacking investigative information. He said in reading the file, he is not able to decipher how the accident occurred and will not approve a settlement in this amount based on the information in the case file. City Manager Kelly said this case refers to an accident that occurred at the Veteran's Park site where James Onorato was walking on the site and allegedly fell through the dock which was missing two planks that were to be replaced. He said Mr. Onorato fell through and sustained an injury as a result. He said Mr. Onorato filed a claim of $65,000 against the City following this occurrence. He said Staff had then recommended to Council that the dock be removed because it was more of a liability than it was providing the pleasure the City had hoped for. City Manager Kelly said the Risk Manager conducted an investigation and had the settlement reduced to $30,000 and then $25,000. He said the doctor's reports indicate that Mr. Onorato has some percentage of limitation. He said he feels it is a good decision to deny the claim at this time and have it discussed further and that the City is not going to settle on any claim without satisfaction. City Attorney Ruf said a "NO VOTE" will disapprove the settlement. VOTE: ALL VOTED NAY TAPE 2 6. DISCUSSION AND POSSIBLE ACTION to approve a salary adjustment for Public Works Operations Manager, Alan Levine, in the amount of $2,650.00. SYNOPSIS OF ACTION: Motion died for lack of a Second. * Mayor Abramowitz MOVED to APPROVE Item 6 with no SECOND. RESOLUTIONS Community Development 7. a. MOTION TO ADOPT Temp. Reso. #6002 approving a plat entitled ASH PLAT NO. 1. b. MOTION TO ADOPT Temp. Reso. #6003 approving Development Order No. 275 along with a Development Review Agreement and a Blanket Public Safety Ingress/Egress Easement for ASH PLAT NO. 1. (located on the south side of McNab Road, west of the proposed Hiatus Road) SYNOPSIS OF ACTION: RESOLUTION R-91-44 - PASSED APPROVED 7. a. and b. RESOLUTION R-91-45 - PASSED City Attorney Ruf read Temp. Reso. #6002 by title. * 7.a. C/M Bender MOVED to APPROVE Temp. Reso. #6002, SECONDED * by C/M Schumann. City Manager Kelly said Ash Plat No. 1 is a 7.14 acre site in the north central part of Land Section 7 which is located on the south side of McNab Road, west of the proposed Hiatus Road. He said the plat is designated industrial on the Land Use Plan and is zoned LI-1 (Light Industrial). He said the note on the face of the plat restricting the parcel to 40,000 square feet of light industrial use will be required before final recordation. He said the application is in compliance with all of the elements of the Tamarac Comprehensive Plan. He said the applicant has submitted an agreement to the City that all required public services and facilities will be available or paid for at the time of site plan approval. City Manager Kelly said the Planning Commission approved this final plat on January 16, 1991 and Staff recommends approval of the final plat application. VOTE: ALL VOTED AYE City Attorney Ruf read Temp. Reso. #6003 by title. * 7.b. C/M Bender MOVED to APPROVE Temp. Reso. #6003, SECONDED * by C/M Schumann. City Manager Kelly said these are the documents that implement the plat. VOTE: ALL VOTED AYE General Administrative 8. MOTION TO ADOPT Temp. Reso. #5968 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 and YORKSHIRE, 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 (tabled on 2/27/91). SYNOPSIS OF ACTION: No action. City Attorney Ruf read Temp. Reso. #5968 by title. City Manager Kelly said this had been brought to Council previously on two occasions and was withdrawn by the applicant for further information. He said the concern expressed by Council at that time was that the Council is in support of the intent by Kings Point to proceed with an "Adult" community; however, the concern has been that by approving this notation the City would not be protected from any possible problems in the future. City Manager Kelly said the Kings Point developer needs this notation now in order to not pay impact fees to Broward County's School Board because it will not be generating younger children or school-age children. He said this was typical of all developments in Broward County prior to the Fair Housing Act coming in. He said Broward County held up the filing of all of these plats by attempting to develop the proper wording that would satisfy the Federal Fair Housing Act. He said the designation was made after two years as being, "Housing for Older Persons". City Manager Kelly said Broward County is now attempting to process all of these plats that were held back. He said Kings Point wants to move forward with the platting process. He said most of the developments did not pay impact fees for school children. He said the concern expressed by Council is whether or not by approving the request that the City and all of the Broward County taxpayers would be liable for the potential tax burden that could be imposed to offset the impact of the impact fee short fall that could result if Kings Point was found to be not in compliance with the Fair Housing Act that is now adopted. City Manager Kelly said if Kings Point should allow that if a younger person moves in that has a teenage child should not Kings Point be paying for that impact. He said the concern of Council is whether or not the City will be liable and there are no assurances from Kings Point that the Federal government will not come back at a later date and state that Kings Point does not meet the Fair Housing Act. City Manager Kelly said the final review by Broward County on the recordation of this plat is scheduled for March 19, 1991. He said Broward County's position on this is that they do not care if Tamarac takes a position on this notation. He said they do not care if Tamarac approves or denies or takes no action on it. He said they would like to see something in the record that shows Tamarac is doing something. He said a letter has been submitted to Mayor Abramowitz from Broward County stating that the delegation request has been filed and requested any written comments. He said Broward County will move ahead no matter what the comments are from Tamarac. City Manager Kelly said he proposed that the City of Tamarac will not approve the delegation request by Carnahan and Associates as stipulated in this item to add such a notation. He said the City is strongly supportive of Kings Point development as originally intended, but the concern is that the City does not want to go on the record as taking action on this notation. He said he is looking for direction from Council to proceed. Mayor Abramowitz said City Manager Kelly has his direction. He said one of the reasons Council has refused to act on this matter is that there is no one, including the Federal government, the State of Florida, or Broward County, that can tell what exactly the Fair Housing Act means. He said not one nickel of this proposed school tax affects the City of Tamarac. He said all of these funds go to the Broward County School Board, but if it could happen and if the Federal Government decides to make it clear as to what constitutes an "Adult Community" and Kings Point does not fall under that description, then there will be a short fall of school taxes which means that everybody in the City will have to pay more school tax. He said based on the Council action, Council will not act on this and the letter being sent to Broward County is proper and ALL AGREED. 9. MOTION TO ADOPT Temp. Reso. #6006 authorizing the appropriate City officials to execute an Amendment to the Agreement with Southern Sanitation for newspaper, glass and aluminum recycling services, and establishing a fee of $.76 per residential unit for these services. SYNOPSIS OF ACTION: Tabled at the request of City Manager Kelly. City Attorney Ruf read Temp. Reso. #6006 by title. City Manager Kelly said it would be simple to say that all this is is an amendment to the agreement with Waste Management to expand the existing services by including glass and aluminum in addition to newspaper and that the fee is remaining at 76 cents for the residential units, but on March 12, 1991, the City received approximately 6 to 8 pages of modifications from Coconut Creek, which is administering the program for the five cities, that came through from Waste Management. He said part of these modifications was that Waste Management stated that they were willing to defer the implementation of a cost of living increase and in addition, the stated that the five cities had to approve this by April 1, 1991. City Manager Kelly said this is a positive situation; however, he does not like the intimidation aspect of this. He said he has discussed this with Mayor Lieberman of Lauderhill and the City Manager from Coconut Creek and advised them that it would be his recommendation to Council that this item be tabled until the Council meeting on March 27, 1991 which will allow time for discussions with Council. * C/M Bender MOVED to TABLE Item 9, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 10. MOTION TO ADOPT Temp. Reso. #6007 authorizing the appropriate City officials to execute the Eighth Amendment to The Interlocal Agreement with Broward County for 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-91-46 - PASSED APPROVED City Attorney Ruf read Temp. Reso. #6007 by title. * C/M Schumann MOVED to APPROVE Temp. Reso. #6007, SECONDED by * C/M Bender. City Manager Kelly said each year the interlocal agreement that provides for the distribution of the Local Option Gas Tax to the municipalities is based on the population. He said the rate the City receives increases accordingly each year as the population changes. He said the Broward County attorneys draft an amended agreement each year which reflects the latest population figures for each municipality. He said the City of Tamarac's population has increased which is better; however, gas consumption has reduced. He said it is required that the City execute this Ordinance in order to continue receiving these monies that are being distributed from the gas tax. C/M Bender asked how long this agreement is valid and City Manager Kelly said, one year. VOTE: ALL VOTED AYE Public Works Department 11. MOTION TO ADOPT Temp. Reso. #6008 requesting that Broward County Traffic Engineering Division investigate the need for reducing the speed limit to 25 miles per hour on NW 58 Street from University Drive east to NW 70 Avenue. SYNOPSIS OF ACTION: RESOLUTION R-91-47 - PASSED APPROVED City Attorney Ruf read Temp. Reso. #6008 by title. * C/M Schumann MOVED to APPROVE Temp. Reso. #6008, SECONDED by * C/M Bender. City Manager Kelly said the City has been sending many requests to Broward County for lower speed limits on Northwest 58 Street. He said Broward County has stated that a Resolution is required in order for the petition to be studied; therefore, this is a formal request by Council to Broward County's Traffic Engineering Division to review and make the determination as to whether or not the speed limit change is warranted at this location. VOTE: ALL VOTED AYE 11. a. Discussion and possible action regarding a time extension to respond to the requirements of the Fourth District Court of Appeal on the Referendum Appeal. SYNOPSIS OF ACTION: Agendized by Consent on Page 1. APPROVED City Attorney Ruf said Council authorized an appeal of Judge Streitfeld's decision regarding the striking down of the Referendum ballot language from the September 19, 1990 Referendum. He said when the most recent hearing on that matter was held on March 8, 1991, Judge Streitfeld required all the parties to agree to an expedited appeal. He said the Fourth District Court of Appeal has responded to the expedited appeal process by setting forth certain time limits when the parties must respond and must file briefs. He said since the challengers have been elected, much of the case is now moot. City Attorney Ruf said he feels it would be appropriate for this Council to direct the Legal Counsel to ask the Fourth District Court of Appeal to extend all of those time limitations so that the newly elected Council members plus the current Council members have an opportunity to discuss the ramifications of that appeal. He requested direction from Council on this matter. Mayor Abramowitz said he would not act on this without a full Council present and all agreed. * C/M Schumann MOVED to APPROVE Item 11.a., SECONDED by * C/M Bender. VOTE: ALL VOTED AYE REPORTS 12. City Council C/M Schumann - No report. C/M Bender - No report. Mayor Abramowitz - No report. 13. City Manager City Manager Kelly said the City's Internal Auditor began working this week and is currently reviewing the Continental Cable Television Franchise. He said C/M Bender had requested a workshop relative to the cable franchise operation. He said once the new Council has been seated, one of the first workshops will be regarding the cable franchise operation. He said he has attended a conference on the cable franchise along with other cities in which there is a lot of valuable information regarding this. City Manager Kelly said a Special Council Meeting is scheduled for Tuesday, March 19, 1991 at 10:00 a.m. in the Council Chambers for the swearing in of the newly elected Council and Charter Board members. He said the selection of the new Vice Mayor will be done at this meeting. City Manager Kelly said his nephew will be coming home from Saudi Arabia on Tuesday, also. City Manager Kelly said the Natural Gas proposal with the City of Sunrise is very near completion and a workshop meeting will need to be scheduled with a full Council. He said this proposal will provide for natural gas to be provided to the City of Tamarac by the City of Sunrise with franchise fees being paid to the City of Tamarac, which will be primarily used towards Land Section 7. He said this is another potential revenue source. With no further business, Mayor Abramowitz ADJOURNED this meeting at 8:05 p.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $104.28 or $2.32 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." 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