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HomeMy WebLinkAbout1990-03-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 14, 1990 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, March 14, 1990 at 7:30 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. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, Interim City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Secretary C/M Rohr said he would like to express his thoughts on yesterday's most gratifying election. He said he served the past two years with Mayor Abramowitz and this City Council, which has been a very satisfying experience. He said he was very proud of the accomplishments and successes. He said he felt that the residents have demonstrated that they appreciated what and how the City was being administered and governed. C/M Rohr said the City was very fortunate to have a person like Mayor Abramowitz, who was a warm, knowledgeable and tireless leader. He said he was pleased in having Mayor Abramowitz as his friend. C/M Rohr said Larry Bender has been the research expert of the City Council on many facets, such as the 500KV transmission line and he was pleased to know this would continue in the future. He welcomed C/M Bender and Mayor Abramowitz back and he wished them successful terms. C/M Rohr said he has known C/M Stelzer for approximately 3 years and they have not seen everything eye to eye; however, he will miss C/M Stelzer. He said C/M Stelzer has been very good for the City and his overall knowledge and experience has served the City well. He said he was sorry that health and the Charter provisions would not permit C/M Stelzer to continue serving as a Councilmember. He wished C/M Stelzer well. INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating April as "ENVIRONMENTAL AWARENESS MONTH 1990". SYNOPSIS OF ACTION: PRESENTATION was made to Yona Aslalo and Rhonda McGregor of Coral Springs High School. Page 1 City Council 3/14/90-pw Mayor Abramowitz read the proclamation and presented it to Yana. Aslalo and Rhonda McGregor of Coral Springs High School. Mayor Abramowitz said he was very pleased to see the youth taking interest in the environment and he congratulated them for their activities and efforts. Yona Aslalo thanked the City Council for the proclamation and she asked that everyone continue to support the environmental program for a better world in the future. __--_____.».,....----------------.--------- _---_-------------- Mayor Abramowitz announced that there would be a Town MeetiO on Monday, March 19, 1990 at 6:00 P.M. in the Council Chambers. He said Senator Peter Weinstein, State Representative Ben Graber, State Representative Peter Deutsch and= hopefully, Congressman Harry Johnson would be present. He said it was very important that the residents attend because these Representatives assist and finance the Cities,. He said the more people that showed interest, the more the Representatives worked for them. i Mayor Abramowitz announced that Herb Hayes, President of the Tamarac President's Council, was present and he asked Mr. Hayes to see that the Presidents of each section attend the. Town Meeting. Mayor Abramowitz said on Tuesday, March 20, 1990 at 10:00 A.M., the Swearing -In Ceremony for the newly --elected City officials would be held. At this time, Mayor Abramowitz introduced Henry C. "Hank" Schumann, the newly -elected Councilmember for District 2. Mayor Abramowitz said he and C/M Stelzer have disagreed on several matters; however, he felt C/M Stelzer was very competent, intelligent, and a fighter. He said everyone would miss C/M Stelzer and he wished him the best of health',. He said it was a pleasure, privilege and a learning experience working with C/M Stelzer. CONSENT AGENDA - ITEM 2 a. through g. City Clerk a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 2/02/90 - Special Meeting 2. 2/14/90 - Regular Meeting SYNOPSIS OF ACTION: APPROVED. b. MOTION TO APPROVE renewal of a model sales permit for CLASSIC COMMERCIAL VILLAS for a six-month period from 4/25/90 to 10/25/90. SYNOPSIS OF ACTION: APPROVED. Page 2 City Council 3/14/90-pw Engineering/Utilities 1 1 1 C. 1. MOTION TO ADOPT Temp. Reso. #5729 releasing a cash bond in the amount of 6,800'b0Vposted to insure the installation of a sidewalk along University Drive at MIDWAY PLAZA (880818). 2. MOTION TO ADOPT Temp. Reso. #5727 releasing performance bond #5182-13-88 in the amount of $236,576.00 posted for public improvements for the MIDWAY PLAZA project subject to receipt of a one year warranty bond in the amount of $77,405.22. 3. MOTION TO ADOPT Temp. Reso._#5725 accepting a bill of sale for'the water distribution and sewage collection system improvements for the MIDWAY PLAZA project. 4. _MOTION TO ADOPT Temp.Reso. #5726 accepting Tamarac Utilitiei'west As -built Water and Sewer Utility Easements for the MIDWAY PLAZA project. SYNOPSIS OF ACTION: RESOLUTION R-90--71 - PASSED APPROVED 2*.c,1, 2.c.2, RESOLUTION R-90-72 - PASSED 2.c.3. and 2.c.4. RESOLUTION R-90-73 - PASSED RESOLUTION R-90-74 - PASSED d. MOTION TO ADOPT Temp. Reso. #5476 authorizing the appropriate City officials to execute a quit claim deed granting to Broward County additional right-of- way for the Nob Hill Road extension between Southgate Boulevard and the C-14 Canal. SYNOPSIS OF ACTION: RESOLUTION R-90--75 -PASSED APPROVED. e. MOTION TO APPROVE Change Order #1 to the contract with TLC Diversified^ in the amount of $1, 635.00 for modification to the existing discharge piping and to grant a 60-day extension to the completion date to accomplish this work; this change order increases the contract from $60,425.00 to $62,060.00 and the new completion date is April 30, 1990, for TUW Project 88-12, New Pump at Tract 27 Water Tank. SYNOPSIS OF ACTION: APPROVED. Finance Department/Customer Service f. MOTION TO ADOPT Temp. Reso. #5730 declaring the Water and Sewer Developers Agreement for DESIGN PLAZA WEST in default for non-payment of guaranteed revenues. SYNOPSIS OF ACTION: APPROVED. General Administrative RESOLUTION R-90-76 - PASSED g. MOTION TO AUTHORIZE Scharf & Associates, Inc., to redesign t-he turn lane in front pf the TAMARAC MULTI PURPOSE CENTER in the amount of $2,600.00 for final plat approval by the Board of Broward County Commissioners. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE Consent Agenda Item 2 a. * through g., SECONDED by V/M Bender. VOTE: ALL VOTED AYE Page 3 City Council 3/14/90-pw CONSIDERATIONS Engineering/Utilities 3. a. MOTION TO ACCEPT Final Release of Lien as prepared by Utilities Services, Inc., for TUW Project 87- 18, Construction of Lift Station 39. b. MOTION TO APPROVE final payment in the amount oyf 87,i74.].8 to Utilities Services, Inc., for TUW Project 87--18, Construction of Lift Station 39. gYNOPSIS OF ACTION: APPROVED a. and b. I * a. C/M Hoffman MOVED to APPROVE this Item, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said the contractors who installed Lift Station 39 were required to provide a Final Release of Lien to demonstrate and assure that all of the equipment and labor on this project was paid for. He recommended approval of this Item. VOTE: ALL VOTED AYE * b. C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said the City', withheld 10% of the progress payments to the contractor during the project. He said the project has been completed and operating and he recommended approval. VOTE: ALL VOTED AYE 4. MOTION TO APPROVE a contract with Southeastern Municipal Supply Company (SEMSCO) for the purchase of materials at the unit prices quoted in Bid 89--56 in the following amounts and for the following projects: TUW Project 89-02 Rock Island Road Force Main $ 21,873.92 TUW Project 89-03 Rock Island Road Force Main 103,386.10 Total $125,260.02 SYNOPSIS OF ACTION: APPROVED. Bob Foy, Director of Utilities/Engineering, said Broward County advised this City that Rock Island Road would be widened to four lanes. He said this project was scheduled to begin in November, 1990, and there was presently a substandard asbestos potable water line and cement wastewater force main that had to be brought to Broward County standards. Mr. Foy said this portion of the job represented approximately $40,000.00 of the material for the project and the remaining funds would be used to improve the watei distribution system. He said during this project, the distribution system had to be done at this time. He said the improvement of the distribution system was required to provide additional water supply for the woodlands and east Mainlands communities. Mr. Foy said the costs were established under the staff and City Code requirements. He said there was competitive bidding on this project and the funds were available in i Page 4 City Council 3/14/90-pw the Budget. He said most of the work would be done by the Utilities/Engineering Department; therefore, money would be saved. C/M Stelzer asked if the project would be done on the Sabal Palm side and Mr. Foy said the project would be done on both sides. He said the project would cross Rock Island Road and continue south to the open field. C/M Rohr asked if there was an easement at the Sabal Palm Golf Course and Mr. Foy said the maps indicated that there was not sufficient right-of-way at the golf course. He said there seemed to be a problem in resolving this; therefore, the City was proceeding on the other side of the right-of-way, which would eliminate the City's involvement between the County and Sabal Palm Golf Course. C/M Hoffman asked where the funding was and Mr. Foy said the funding was available in the TUW Revenue Funds. * C/M Rohr MOVED to APPROVE this Item, SECONDED by * V/M Bender. VOTE: ALL VOTED AYE RESOLUTIONS Public Works Department 5. MOTION TO ADOPT Temp. Reso. #5560 authorizing the appropriate City officials to execute an agreement with Broward County pertaining to Trafficways Illumination on Rock Island Road from Commercial Boulevard to NW 44 Street (tabled from 10/25/89). SYNOPSIS OF ACTION: RESOLUTION R-90-77 - PASSED APPROVED. Interim City Attorney Ruf read Temp. Reso. #5560 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5560 , * SECONDED by C/M Rohr. Mike Couzzo, Director of Public Works/Parks and Recreation, said this request was for a joint project with the County to provide illumination along a section of Rock Island Road, south of Commercial Boulevard. He said the project would begin at Commercial Boulevard and continue to Oakland Park Boulevard. He said the illumination area in Tamarac would involve a maintenance agreement. C/M Hoffman asked what the City would have to do to maintain the illumination and Mr. Couzzo said the City would maintain the fixtures, poles and costs for these items. C/M Hoffman asked if Florida Power & Light changed the lights when needed, why was the maintenance agreement needed. City Manager Kelly said the City of Lauderhill was fortunate to be close to the Florida Turnpike and was provided lighting from the Department of Transportation. He said staff asked Florida Power & Light if they would do this for Tamarac. He said Florida Power & Light could provide this service for the residential areas; however, the illumination Florida Power & Light provided would not meet the standards of the Department of Transportation for this project. Page 5 City Council 3/14/90-pw I City Manager Kelly said this project was entirely the County's responsibility and the Cities were responsible for maintaining the fixtures and poles for the lighting. He said the City did not have the type of equipment needed to maintain the poles and fixtures, such as a cherry Picker; therefore, this agreement with the County was delayed. City Manager Kelly said if the City did not agree to the maintenance, the County would not install the lighting. He said the City would have to provide lighting in the future for that area; therefore, it would be better to have this agreement with the County. City Manager Kelly said he contacted the City of Coconut Creek and the City Manager stated that he would discuss with his City Council the possibility of Tamarac using their equipment for maintenance. He said Mr. Couzzo was asked to investigate the cost of a cherry picker or contracting with a private vender and, he felt that the best process would be working out an agreement with the City of Coconut Creek regarding the use of their equipment' when necessary. C/M Rohr asked if the City would have to maintain the lighting on University Drive and City Manager Kelly said they have always had the responsibility of maintaining that area; however, until this time, there was nothing to maintain. VOTE: ALL VOTED AYE PUBLIC HEARING - 7:30 P.M. Community Development 10. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #56951, concerning a request by JEFFREY M.ROSENBERG for limited parking waiver, in accordance with Section 24 584 of the Code, to allow five (5) zero degree parking spaces for a proposed shopping plaza (POINT PLAZA) planned at the northeast corner of Nob Hill Road and Westwood Drive, which is zoned B-1 (Neighborhood Drive). Petition #2-Z-90 (tabled on 2/28/90) YNOPSIS OF ACTION: TABLED at the applicant's request until the March 28, 1990 City Council meeting at 10:00 A.M. Interim City Attorney Ruf read Temp. Reso. #g5695 by title. V/M Bender MOVED to APPROVE Tema. Reso. #5695 , * SECONDED by C/M Rohr. Kelly Carpenter -Craft, Director of Community Development, said the applicant requested that this Public Hearing be Tabled to the March 28, 1990 City Council meeting at 10:00 A.M. *, C/M Hoffman MOVED to TABLE _Temp. Reso. #5695 until * the March 28, 1990 City Council meeting at 10:00 A.M., *' SECONDED by V/M Bender. VOTE: ALL VOTED AYE Page 6 City Council 3/14/90-pw ORDINANCES Communitj Development 11. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1470 on second reading to amend Chapter 24, Division 23, of the Code to delete and add certain permitted uses and to delete and add certain prohibited uses within the LI-1, Light Industrial District. SYNOPSIS OF ACTION: TABLED until the March 28, 1990 City Council meeting at 10:00 A.M. Interim City Attorney Ruf read Temp`Ord. #1470 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1470 on second * reading, SECONDED by C/M Hoffman. w Kelly Carpenter -Craft, Director of Community Development, said staff originally recommended two amendments. She said one amendment was to revise the list of permitted uses in the light industrial district and to include a more extensive list of permissive uses. She said the existing Ordinance was extremely limited and the City worked with the applicant in the West Point Development of Regional Impact (DRI) to surmise a list of more reasonable uses that would more accurately reflect some of the uses that were already approved in the DRI Development Order. Mrs. Carpenter -Craft said in addition, the list of prohibited uses was revised by deleting some prohibited uses. She said the issue of this Ordinance was Section 2, Permitted Uses and Section 24-524, Prohibited Uses. Mrs. Carpenter -Craft said staff tried to provide language which would address the ability to allow electric facilities to serve industry by being a permitted use in industrial designations. She said staff was currently working on a utility zone for the prohibited utility uses. Mrs. Carpenter -Craft said they reviewed several language concerns for Section 2 of the Ordinance and the current language under permitted uses stated, "Wastewater, lift stations and transformers defined as a device used to transfer electrical energy from one circuit to another, especially a pair of multiple round, inductably coupled wired coils that affect such transfers with a change in voltage current, phase or other electric characteristic, which are designed to serve only the industrial use shown on an approved site plan and, which are completely enterprised with an approved site plan and which meet all other site plan requirements may be permitted." Mrs. Carpenter -Craft said staff proposed new language on Page 4, under Section 24-524, which stated, "landfills, resource recovery facilities and transfer stations". She said the words "relay stations" and "power plants", seemed to be too broad terms, which were deleted and the words "electrical generating plants, electrical transmission systems, lines and other facilities, including substations and electric utility distribution substations", were added. Mrs. Carpenter -Craft said the Ordinance did not contain the definitions; however, staff defined the terms in the utility Ordinance, which would be brought before the City Council for action in the near future. Mayor Abramowitz opened the Public Hearing. Page 7 City Council 3/14/90-pw i Robert Heubner, Attorney for Florida Power & Light, congratulated Mayor Abramowitz and V/M Bender for their re-election. He said he always appreciated the manner in which the City Council worked with his client and himself in the past. He said he was pleased that the City Council] who began working on this matter would remain in office. Attorney Heubner asked that the City Council consider delaying their action on this matter for approximately 2 weeks so he, City staff and the DRI representatives could work with the language in their franchise agreement and Chapter 366 of the Florida Statutes. He said he felt that the language could be resolved in two weeks. Attorney Heubner said this delay was no fault of the City's. Mayor Abramowitz asked if Interim City Attorney Ruf objected to this Item being delayed and Interim City Attorney Ruf replied, no. Mayor Abramowitz asked if Mrs. Carpenter -Craft objected to the delay and Mrs. Carpenter -Craft replied, no. City Manager Kelly said the representatives of West Point DRI confirmed that the Item should be delayed. Mayor Abramowitz closed the Public Hearing with no further response. *' C/M Hoffman MOVED to TABLE Temp�,,2rd. #1470 on second *, reading until the March 28, 1990 City Council meeting * at 10:00 A.M., SECONDED by V/M Bender. VOTE: ALL VOTED AYE General Administrative 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1478 on second reading to revise Section-19-3 of thef Code to require that all single-family residences and residential units using curb side refuse service segregate newspapers from all other solid waste materials and to prohibit the theft of any newspaper material designated as recyclable by the City. �YNOPSIS OF ACTION: ORDINANCE R-90-7 - PASSED PUBLIC HEARING was held. APPROVED as amended on second reading. Interim City Attorney Ruf read Temp. Ord. #1478 by title. * C/M Rohr MOVED to APPROVE Temp. Ord. #1478 on second !* reading, SECONDED by V/M Bender. City Manager Kelly said this was the second reading on thel anti -scavenging Ordinance for the recycling program. He said there has been an anti -scavenging provision in the Code for some time; however, the Ordinance was being revised to conform to the new requirements in the recycling program, such as wrapping of newspapers. City Manager Kelly said there were very few complaints and Tamarac was leading the five Cities in supporting the program. He said the percentage of the compliance by the Tamarac residents was the highest of all the Cities. 1 1 Page 8 City Council 3/14/90-pw V/M Bender said he read several articles on the recycling program and he was concerned with what other items could be collected for recycling. He asked if there were any other types of paper besides newspaper that could be included. City Manager Kelly said not at this time. He said the newspapers will be recycled; however, magazines, etc., could not be included. V/M Bender asked if paper shopping bags could be included and City Manager Kelly said most people where bundling their papers in paper bags. V/M Bender said he felt that Waste Management, Inc., has been remiss in not informing the residents what would or would not be accepted. He said the documents he received on the program did not indicate the Do's and Don'ts. City Manager Kelly said he would contact Waste Management, Inc., on this matter. C/M Hoffman said he did not object to fining scavengers $100.00 to $500.00; however, he objected to fining or placing the residents in prison for 90 days for not bundling or participating in the recycling program. Mayor Abramowitz said the intent of the Ordinance was to eliminate the scavenging and C/M Hoffman said he approved of this; however, he was concerned with the City being able to put a homeowner in jail for 90 days for not participating in the program. Interim City Attorney Ruf said the Ordinance would be violated if the papers were not separated from the regular garbage. C/M Hoffman said he agreed with this regulation; however, he felt the penalty was severe and Interim City Attorney Ruf said the Ordinance could be changed to what the City Council wanted. He said he was frightened by the possibility of a resident being put in jail for 90 days for not participating with the recycling program. Interim City Attorney Ruf said he has been prosecuting Municipal Ordinances in Florida for 15 years and New York for 10 years in which he has not witnessed a Judge placing anyone in jail for violating a Municipal Ordinance. He said the Ordinance was available to prevent people from being constant violators. He said there should be some type of penalty for people who did not separate their newspapers from their regular trash. C/M Hoffman said he agreed with the penalty for savaging; however, he did not feel that the same penalties should be imposed on the residents who did not put papers in the front of their homes. C/M Rohr said he agreed with the penalty clause because there will be people who would not assist in the recycling program. He said when aluminum and bottles became part of the program, there had to be penalties for violators. TAPE 2 V/M Bender suggested that the Ordinance indicate that there would be penalties imposed on a person if they did not comply after a Notification of Compliance. Mayor Abramowitz opened the Public Hearing. Anthony Grimaldi, Resident, said the residents in his neighborhood were terrorized about this Ordinance. He said some people have a tendency to forget and may do Page 9 City Council 3 /14 /90-pw something wrong without realizing it. He said the penalty clause was very frightful; however, the residents have not been educated about the provisions of the Ordinance. He said there was no information concerning the recycling program available for the residents. He said the residents should be educated before penalizing them. He said the residents used to receive money for recycling paper; however, they were now being charged $.76 per month to bundle and place it by the curb side. Mayor Abramowitz said the recycling program was mandated by the State and anyone who was unhappy with this program should attend the Town Meeting on Monday, March 19, 1990 at 6:00 P.M., because the State representatives would be present to discuss this matter. Mayor Abramowitz said he was amazed to hear that Sunflower/Heathgate was terrorized by the Ordinance. He said he heard good suggestions and he hoped that the City Council, City Manager and City Attorney knew better than to put someone in jail for not putting out paper. Mayor Abramowitz said an Ordinance could not be made for each individual or each incident. He said he agreed that the education process for recycling needed to be expanded;' however, Tamarac had the highest compliance in the program. Mayor Abramowitz said he has been monitoring the program closely and each day the program was being improved. He said Waste Management, Inc., asked the Cities for approximately 2 weeks to resolve some of the problems. He said if nothing was resolved in two weeks, the City Council would inform Waste Management, Inc., of their concerns. C/M Hoffman suggested Paragraph C, remained for scavenging as follows: "Violations of Ordinance. Penalties for the unauthorized collection of recycled materials shall be a fine of not less than $100.00 or more than $500.000. C/M Hoffman said he would like to add a new Section D, which should read, "Penalties for failure to comply with the newspaper recycling program.... shall be punishable by a fine not to exceed $100.00. Mayor Abramowitz asked what should be done to those people who were constantly in violation, notified several times but would not comply. C/M Hoffman said the residents could pay a fine of $100.00' every time they were given a citation. Mayor Abramowitz said the City Attorney recently said he never observed a Judge ruling on a Municipal Ordinance. He said',he would prefer V/M Bender's recommendation, which was, "after proper notification". He said he agreed with the scavenging penalties; however, he would like "proper notification" inserted in the Ordinance because he did not'want any area of the City to be terrorized. V/M Bender suggested that a clause, "after being notified for non-compliance" be inserted after, "penalties for the failure to comply". C/M Stelzer said this discussion seemed to pertain to the enforcement of the penalty. He asked if the Broward Sheriff's Office or Code Enforcement Officers would be providing the citations to the violators. He said it had to be determined who would be the enforcer of the Ordinance and the people assigned for enforcement should decide what the fines should be. 1 Page 10 City Council 3/14/90-pw I 1 Mayor Abramowitz said the recycling program was very important and an Ordinance had to be available for enforcement. Mayor Abramowitz said there were two suggestions made by the City Council and they should express their interests in the suggestions. Mayor Abramowitz asked if the Interim City Attorney agreed with V/M Bender's suggestion. Interim City Attorney Ruf said he understood V/M Bender's suggestion to require a notice of non-compliance with Section A; however, Section B would remain the same. V/M Bender agreed with this statement. All but C/M Hoffman agreed with V/M Bender's suggested amendment. Mayor Abramowitz asked Interim City Attorney Ruf to read the amendment and Interim City Attorney Ruf said he would assume that the amendment would read, "Penalties for the failure...". Mayor Abramowitz said he did not want the amendment change to be assumed. He said he would like to know the exact language the City Council would be voting on. Interim City Attorney Ruf said he would do his best to place the amendment appropriately, which would read, "Penalties for the failure to comply with the newspaper recycling program, after appropriate notice is given for failure to comply or, for the unauthorized collection for recycling materials, etc.". Mayor Abramowitz asked if the amendments could be separated and Interim City Attorney Ruf replied, yes; however, he would need a 5 minutes recess. Interim City Attorney Ruf said the violation section should be divided by a Section C, pertaining to the violations for Section A, and a Section D, pertaining to the violations of Section B. He said he would need a few minutes to devise the new Sections. C/M Hoffman said he did not feel that the amendments should be done in 5 minutes. * C/M Hoffman MOVED to TABLE Temp. Ord. #1478 on second * reading. `- ** Motion FAILED for lack of a Second. At 8:00 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 8:05 P.M., with ALL PRESENT Interim City Attorney Ruf said Paragraph C, will read, "Any occupant of a single-family residence or residential unit who fails to comply with the newspaper recycling program, shall be given a notice to comply. If the occupant fails to comply with the recycling program after receipt of said notice, then the penalty shall be a fine of not less than $100.00 nor more than $500.00 or imprisonment not exceeding 90 days or, by such, both fine and imprisionment each day shall constitute a separate offense." Interim City Attorney Ruf said Paragraph D, will read, "The penalty for the unauthorized collection of recycling materials shall be a fine of not less than $100.00 nor more than $500.00 or imprisionment for a term not exceeding 90 days or, by both, such fine and imprisionment each day shall constitute a separate offense." Interim City Attorney Ruf said the penalties for the violation described in Sections A ad B, have been broken down in Sections C and D. Page 11 City Council 3/14/90-pw C/M Hoffman asked if the penalties would pertain to the condominiums once a recycling program was enacted. He asked if everyone in the building would be placed in jail for not participating. Interim City Attorney Ruf said when a recycling program fo, the condominiums was enacted, a separate Ordinance would have tkc be provided. He said this Ordinance covered single-family residences and newspaper pick up only. C/M Stelzer asked what actions were taken presently when the residents did not comply with an Ordinance and Interim City Attorney Ruf said the people were cited and, if there was nc compliance after the citation, the people were taken to court. Interim City Attorney Ruf said there were some Ordinances that were enforced through the Code Enforcement Board and the Ordinances that were not handled by the Code Enforcement Board, had the violators taken to Court. Mayor Abramowitz said he did not know of any Board in the City that had the power to send someone to jail. He said the decision of the violation and penalty was generally decided by the Courts. Mayor Abramowitz said the City was attempting to pass an Ordinance setting the rules and regulations and stipulatin* what was legal and illegal. He said this matter had to be' addressed and could be decided by the Courts if it needed tc go further. C/M Rohr said he was Liaison to the Public Information Committee and he would see that every issue of the Tam-P.-Gran contained information on recycling. He said this would inform the residents of their responsibilities. City Manager Kelly said he agreed with C/M Hoffman's concern about the penalty. He said he was concerned with the possibility of spending 90 days in jail for not participating in the program. He said the penalty seemed like a blue law that would create embarrassment and the Interim City Attorney was more experienced in drafting the law; therefore, he would not disagree with the need for a penalty. Mary Seidel, Resident, asked what the State could do to the City if the City did not comply with the recycling program; Mayor Abramowitz said the City would not be given their Re enue Sharing. *' C/M Rohr MOVED to AMEND his Motion to Approve Temp. Ofd,. #1478 on second reading, subject to the amendments as * sta_ted by Interim City Attorney Ruf, V/M Bender AMENDED *' his Second. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Nay C/M Rohr - Aye C/M Stelzer - Nay ** Motion CARRIED by a 3 to 2 Vote. � I I Page 12 City Council 3/14/90-pw 6. a. MO_TI_O_N_T_O_ADOPT Temp. Reso. #5731 authorizing the appropriate City officrals to execute a one-year lease with F and R Tamarac, Ltd., for temporary housing of the Public Works Department, Administrative Division and Fleet Maintenance Division, at 7409 and 7407 Pine Island Road (Friedes Commercial Center), and providing the necessary budgetary transfers to accomplish said occupancy at a cost of $1,500.00 per month. b. MOTION TO ADOPT Temp. Reso. #5732 authorizing the appropriate City officials to execute a one-year lease with Plaza Associates for temporary housing of the Public Works Department, Administrative Division and Fleet Maintenance Division, at 8757/8759 NW 57 Street (Plaza del Sol), and providing the necessary budgetary transfers to accomplish said occupancy at a cost of $1,227.96 per month. _SYNOPSIS OF ACTION: RESOLUTION R-90-78 - PASSED APPROVED a. and b. as RESOLUTION R-90-79 - PASSED Amended. Interim City Attorney Ruf said he was informed that the Resolution did not provide for the funding of the Lease Agreements and improvements to the properties; therefore, the Resolution would be amended to provide the necessary budgetary transfers to accomplish the occupancy. Interim City Attorney Ruf read Temp. Reso. #5731 as amended, by title. * a. C/M Hoffman MOVED to APPROVE Temp. Reso. #5731 as * amended, SECONDED by C/M Rohr. City Manager Kelly said this Item pertained to moving the Public Works Fleet Maintenance and Administration Departments into the Friedes Commercial Center. He said the Public Works Department investigated several possible sites, there were two selected and, at this time, the City presently paid approximately $18,000.00 per month to Jeff Berkowitz, owner of the property where the existing Public Works Department was located. City Manager Kelly said this proposal was for 13 months and the cost would be $1,500.00 per month for the first 11 months. He said there were improvements needed because the bays were shells. He said the cost for the improvements, such as bathrooms, was approximately $9,000.00; however, the work may be done in-house, which would provide a savings for the improvements. City Manager Kelly said the cost was approximately $7.35 per square foot and the average cost in the area was either $11.00 or $13.00 per square foot. He said this cost was very good. City Manager Kelly said Mr. Berkowitz was concerned with his proposal and whether the City was committing to the evacuation of the property. He said with this proposal, the total cost for 13 months would be $16,500.00. City Manager Kelly said Mr. Berkowitz would have his staff at the site on March 21, 1990 doing a soil survey and, once the property was investigated and approved, a building permit would be issued to Mr. Berkowitz and the rent to Mr. Berkowitz from the City would end. Page 13 City Council 3/14/90-pw City Manager Kelly said the Public Administration Complex project in Land Section 7 would be advertised in May, 1990. He said the construction for this project should begin in June, 1990 and the Complex should be completed in approximately 10 months. City Manager Kelly said the contracts for Item 6 a. and b., should allow enough time for the completion of the Public Administration Complex. He said the proposal waE very good and he recommended approval. City Manager Kelly said for one month's rent for the property containing the existing Public Works Department, the proposed leases and improvements could be done for an entire year. C/M Stelzer had concerns with the Fleet Maintenance Department being in the Friedes Commercial Center. Mike Couzzo, Director of Public Works/Parks and Recreation, said there were similar types of facilities on the site. He said some of the work currently done by the Department would have to done outside. Mayor Abramowitz asked how the City was assured that Mr. Berkowitz would not take his time and City Manager Kelly said Mr. Berkowitz was presently carrying the loan, which he wanted to eliminate. City Manager Kelly said Mr. Berkowitz has been working very well with the staff and was very anxious to get his project done. Mayor Abramowitz said he wanted to make sure that staff was informed that this matter should be handled expediently,and City Manager Kelly said staff was aware of this. City Manager Kelly said as per the Finance Director, $45,000.00 for the two leases and improvements would be transferred from the existing Rental/Lease Account for Mr. Berkowitz's property into a Public Services Construction_ Fund Account. He said there would be two rental accounts and an incidental account for any necessary improvements. Mayor Abramowitz said he was pleased with this transition and, as soon as the City took action, the sooner the City would benefit from it. VOTE: ALL VOTED AYE Interim City Attorney Ruf read Temp. Reso. #5732 by title. * b. C/M Hoffman MOVED to APPROVE Temp. Reso. #5732 * SECONDED by V/M Bender. City Manager Kelly said the Plaza del Sol facility was north of the existing,Public Works Department. He said the cost on the Agenda of $1,388.00 per month should be changed to $1,227.96. He said this was an annual fee of $14,735.52 and was a square footage cost of approximately $6.50 per square foot. He recommended approval of this item. VOTE: ALL VOTED AYE LJ 1 I Page 14 City Council 3/14/90-pw Community Development 7. MOTION TO ADOPT Tema. Reso. #5733 approving a site plan and a Water and Sewer Developers Agreement for POINT PLAZA. (to be located at the northeast corner of Nob Hill Road and Westwood Drive) SYNOPSIS OF ACTION: TABLED to the March 28, 1990 City Council meeting. Interim City Attorney Ruf read Temp. Reso. #5733 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5733 , * SECONDED by V/M Bender. Kelly Carpenter -Craft, Director of Community Development, said the applicant asked that this Item be deferred to the March 28, 1990 City Council meeting. * C/M Rohr MOVED to TABLE Temp. Reso. #5733 , SECONDED * by C/M Hoffman. VOTE: ALL VOTED AYE 8. MOTION TO ADOPT Temp. Reso_. #5724 concerning a delegation request to amend the WOODMONT TRACT 67 plat to allow 224 dwelling units instead of 192. SYNOPSIS OF ACTION: RESOLUTION R-90-80 -PASSED APPROVED as amended. Interim City Attorney Ruf read Tema. Reso. #5724 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #572.4 * SECONDED by V/M Bender. Kelly Carpenter -Craft, Director of Community Development, said this application was filed by the owners of Woodmont Tract 67, which was the vacant parcel across the street from City Hall. She said the plat had a series of notes on the face of the plat and one of the notes indicated that the maximum allowed dwelling units on the plat was 192. Mrs. Carpenter -Craft said the applicant was requesting to increase the note to allow the maximum units to be 224. She said it was the applicant's choice in the past to make the units 192; however, they would like the units to be changed to 224. Mrs. Carpenter -Craft said the zoning was currently R-4A, which allowed a dwelling unit density range of 10 to 15 dwelling units to the acre. She said the 192 units would provide a density of 10.3 dwelling units to the acre and the proposed 224 units would have a density of 12.1 dwelling units per acre. She said this was an allowed range in the R-4A zoning district. Mrs. Carpenter -Craft said in 1976, the Court Orders governing the lands in Sections 4, 5 and 6 designated this property for 12.1 dwelling units to the acre or 224 units. Page 15 City Council 3/14/90-pw Mrs. Carpenter -Craft said the applicant was trying to get the benefit of their full Court Ordered number of units of 224 as opposed to the lesser number of units of 192 chosen', several years back. She said staff did not object to this, request since the Court provided that the applicant could have 224 units on the property. She said this amendment would not require a change of zoning and the applicant wes Present to answer questions. C/M Rohr asked what the size of the units would be and Mrs. Carpenter -Craft said this information was not presented to the City. She said the owners were considering offers for the sale of the property. C/M Rohr asked if the number of units were increased, the units would be smaller and Mrs. Carpenter -Craft replied, not necessarily. She said the R--4A district allowed 500 square feet and Westwood Pines was at the maximum of 15 dwelling units to the acre with their minimum unit approximately 800 square feet. C/M Hoffman asked if this Item could be delayed until a site plan was available and Mrs. Carpenter -Craft said she did not object to this procedurally= however, the applicant had to clear up questions concerning what could be built on the site; therefore, the change to 224 dwelling units would eliminate questions about what was being sold. C/M Hoffman asked if the applicant planned to build or sell the property and Mrs. Carpenter -Craft said the applicant was considering selling the property. V/M Bender had concerns with the units being increased to 224. He asked if water and sewer services were available for this amount of units and Mrs. Carpenter Craft said the utilities were available for a 224 unit facility. Mayor Abramowitz asked if the City Council could deny the 224 units since the applicant chose in the past to have 192 units. Interim City Attorney Ruf said several years ago he argued; a Case in front of Judge Weissing, who indicated that if there was no stipulation or an approved site plan, future developments in Land Sections 4, 5 and 6 would be pursuant to City Code. Interim City Attorney Ruf said if the applicant could comply with all of the City Codes, the applicant was entitled to up to 15 dwelling units per acre. He said he was not concerned about the Court Order at this time. C/M Hoffman had concerns with the applicant wanting 15 units per acre in the future. He said the City Council was constantly informed that they could not ask property owners what they intended for the land during the rezoning; process; however, this Item was not a rezoning and he would like to know what would be done that required more density. He said he did not want this Item to continue until the City Council was informed of the plans for the site. Mayor Abramowitz said the City Code allowed a minimum of 500 to 600 square feet per unit. He asked if the applicant could ask for 15 dwelling units per acre if they'. met all of the City Codes. Interim City Attorney Ruf said the applicant would have to ask for a change of the notation on the plat. He said thee. City Council could ask the applicant to deed restrict the property to a specific amount of units. Page 16 City Council 3/14/90-pw C/M Hoffman said he was concerned with property owners asking for the maximum allowance, selling the property without knowing what would be done on the property. He said as long as the City Council could exercise control, it should be done. He said he probably would not object if there was a site plan available for the property. He said he felt that this applicant was asking the City to sign a blank check. Sheila Rose, Representative from Keith & Schnars, Inc., said her client was making this request because there has been several offers to purchase the property. She said the property owner lived in Chicago, Illinois, and was not in the position to develop the property. She said her client has been pursuing purchasers for the property for approximately 5 years. TAPE 3 At this time, Ms. Rose exhibited the original configuration of the property and said there was a road located on the site which would be eliminated to ease the opportunity for flexible and creative site planning. She said this application was to amend the plat with the City and Broward County to allow flexibility and site planning. She said her client had no desire to develop the property and did not have the ability to develop the property. Mrs. Rose said her client discussed construction with several local builders and hoped to commence more serious negotiations upon the finalization of this request. She said the number of dwelling units was very important in selling the property. Ms. Rose said the applicant restricted the dwelling units to 192 because it was planned to be a townhouse type development with large retention and asphalt area. She asked the City Council to consider approving this Item. Mayor Abramowitz said the Interim City Attorney stated that the City could ask the applicant to submit a deed restriction on the property. He said this would make the City Council more comfortable. Ms. Rose said on behalf of her client, she could commit to a deed restriction of 224 units on the property. C/M Hoffman said he would like know what was intended for the property and Ms. Rose said this could take several years because her client was intending to sell the property. She said when a site plan was available, the City Council would be introduced to it. Mayor Abramowitz said the property has been vacant for several years and C/M Hoffman said he would not object to a deed restriction of 224 units. Mayor Abramowitz asked the Interim City Attorney to state what the Motion should be. Interim City Attorney Ruf said the Motion should be Approved subject to the Petitioner supplying the City Attorney's Office with a Deed Restriction restricting the dwelling units to 224 and being acceptable to the City Attorney's Office in recordable form. * C/M Hoffman MOVED to AMEND his Motion to Approve * Temp. Reso. #5724 , subject to a Deed Restriction * keeping the dwelling units to 224 and being * acceptable to the City Attorney's Office in final * form, C/M Rohr AMENDED his Second. VOTE: ALL VOTED AYE Page 17 City Council 3/14/90-pw General Administrative 9. _MOTION TO ADOPT Temp. Reso. #5728 authorizing the appropriate City officials to execute an Agreement between Coconut Creek, Lauderhill, Margate, North Lauderdale, Tamarac and Broward County for Second Year Recycling Grant Program. SYNOPSIS OF ACTION: APPROVED. RESOLUTION R-90-81 - PASSED Interim City Attorney Ruf read Temp. Reso. #5728 by title. C/M Rohr MOVED to APPROVE Temp.Reso. #5728 SECONDED by V/M Bender. y City Manager Kelly said the second year of the recycling contract was upcoming and the grant money in the amount Df $132,606.00, which would be shared by the 5 Cities, had to be spent by September 1, 1990. He said the future proposal would include a request for two more vehicles. He said this matter was being discussed; however, he understood that the City Councils were interested in expanding the recycling program beyond newspapers. He recommended approval of this Item. City Manager Kelly said there were several complaints concerning the $.76 charge to the residents. He said the residents were concerned that the City was receiving this money and he wanted to assure everyone that the City did not make money on the recycling program. Mayor Abramowitz said before the Cities bought more trucks, Waste Management, Inc., was obligated to do more public relations work regarding the program. He said he would not approve of another vehicle being bought until the existing program was corrected. City Manager Kelly said the Cities were receiving 50% compliance to the program. He said there were several matters that would be corrected. VOTE: Community Development ALL VOTED AYE 13. MOTION TO ADOPT Temp. Ord. #1477 on first reading creating a Land Development Regulatory Commission as provided for in Chapter 163.3164(21), Florida Statutes. !S�NOPSIS OF ACTION: APPROVED on first reading. Second reading will be held at 10:00 A.M. on Wednesday, March 28, 1990. Interim City Attorney Ruf read Temp. Ord. #1477 by title. * C/M Rohr MOVED to APPROVE Temp. Ord. #1477 on first *I reading, SECONDED by V/M Bender. Kelly Carpenter -Craft, Director of Community Development, said staff was pleased -with this Ordinance because it would add to the duties of the Planning Commission. She said Chapter 163.3164(21) of the State Growth Management Act described the requirement for the establishment of a Land Development Regulation Commission. Mrs. Carpenter -Craft said the Commission was to be established by the local government to develop and 1 1 [_I Page 18 City Council 3/14/90-pw I 1 1 recommend to the local governing body land development regulations which implement the Comprehensive Plan. She said this responsibility may be given to the local planning agency; however, it was not required. She said the Commission was to be established by Ordinance pursuant to the State Law. Mrs. Carpenter -Craft said the Planning Commission in the City was currently designated the local planning agency and the City Council may designate the Planning. Commission as the local planning agency to be the Land Development Regulatory Commission. She said staff was recommending that the City Council appoint the Planning Commission as the Land Development Regulatory Commission. Mrs. Carpenter -Craft said the duties would be that the Land Development Regulatory Commission develop and recommend to the local governing body land development regulations which implement the adopted Comprehensive Plan. She said the Commission would also review land development regulations for consistency with the adopted Comprehensive Plan and report their findings to the City Council, whereby recommendations are to be made within two months of the reference of the Land Development Regulation. Mrs. Carpenter --Craft said this sounded like a lot of new work; however, it was not. She said the Ordinance was indicating that the Local Planning Agency was also the agency that proposed and reviewed land development regulations with recommendations to the City Council. VOTE: OPENJUBLIC FORUM 14. OPEN PUBLIC FORUM ALL VOTED AYE Mary Seidel, Resident, asked if the City Council would be investigating a bond issue to provide sidewalks and street lighting since the proposed 1% Sales Tax was defeated. Mayor Abramowitz said the City Council and staff would be looking into every aspect available for funding. He said priority would be determined within the next few weeks. Melanie Reynolds, Resident, said the Charter indicated that certified copies of any Ordinance may be received in evidence in all Courts. She asked if this was true. Interim City Attorney Ruf asked if the Charter said "may" or "shall" and Mrs. Reynolds said the Charter stated, "may be". Interim City Attorney Ruf said this was true. Mrs. Reynolds said she understood that the City Code had Ordinances that were adopted by several City Councils. She asked if the contents of the City Code could be used as evidence and Interim City Attorney Ruf replied, yes. Mrs. Reynolds suggested that the City Code be reviewed, revised and eliminated because the Ordinances referred to were not the same Ordinances approved by the City's Councils. REPORTS 15. City Council Reports C/M Stelzer - No Report.. Page 19 City Council 3/14/90-pw C/M Rohr reported that he would be riding next week in garbage trucks to see the recycling program in the City of Oakland Park for condominiums. C/M Rohr said there was a resident that confronted him during the Recess concerning the residents putting the bundles of paper on their grass as opposed to the driveway and the water from the sprinklers were soaking the papers. He said further information regarding keeping the papers in+ a dry area should be provided to the residents. Mayor Abramowitz suggested that C/M Rohr include this information in the Tam -A -Gram. C/M Hoffman - No Report. V/M Bender - No Report. Mayor Abramowitz - No Report. 16. C__ity Manager Report City Manager Kelly said the City Manager of the City of Oakland Park called him concerning C/M Rohr's tour with them. City Manager Kelly said the City Code indicated that he weal able to refund two people up to $50.00 and anything over this was to be approved by the City Council. He said a resident came to visit him regarding a check for the resident's water and sewer hook up being misplaced; thereby, the resident was threatened with having his water turned off. He said the resident paid another check meanwhile, the first check was found in the amount of $62.04. City Manager Kelly said he could not remit the money to this resident until the next City Council meeting. He asked the City Council to consider raising the amount of refund to $500.00 to avoid problems, such as accidental double payments. He said it was not fair to make the residents wait for small amounts of money. Mayor Abramowitz said he knew of several instances where the residents were furious because they had to wait for a small amount of money. He said he agreed with the refund amount being increased to $500.00; however, he wanted the City Council informed of every refund over $50.00, with the purpose and amount of the refunds. City Manager Kelly said he would supply monthly reports to the City Council. C/M Hoffman asked if a Resolution or ordinance should be passed for this amendment and Interim City Attorney Ruf said the City Code would have to be amended. Mayor Abramowitz asked the City Manager to state exactly what was needed and City Manager Kelly said he was requesting that the City Council authorize him to refund upl to $500.00. Mayor Abramowitz said the City Council was to get a mandatory monthly report. City Manager Kelly said he talked to the original appraiser! of the old City Hall, which was done in June, 1986. He said there has been discussion about holding an auction to I Page 20 City Council 3/14/90-pw sell the property. He said he would like the property reappraised and the original appraiser volunteered to do the reappraisal for the amount of $2,000.00. He said the appraiser was recommending the appraisal be on the land only because the building was not worth anything. He said the building's evaluation would be 3% to 19% of the value of the land. He said this information could be available on April 15, 1990. Mayor Abramowitz said he felt that the cost was too high and he would like the appraisal on the land portion and an interpretation of the appraisal with the building. C/M Hoffman said he would like an indication of what it would cost to demolish the building. City Manager Kelly said at the last meeting, Harold Newman, Resident, asked about the Broward Sheriff's Office report. He said he would provide this information as soon as it was available. City Manager Kelly said the City of Tamarac led the County in DUI arrests. He said it was not necessarily residents but because of the many main thoroughfares in the City. He said it was staggering to see the number of DUI, drug, suspended license and non -insurance arrests in the City. City Manager Kelly said because Tamarac was a training area, the Police coverage was massive in the City. He said there were major burglaries solved and 52 crimes in Tamarac alone were solved. He said he would have a comprehensive analysis for the residents at the next meeting. City Manager Kelly said the Multi -Purpose Complex was on time and staff was pleased with the work. He said they were looking for the Complex to be finished sooner than expected. 17. City_Attorney Report - No Report With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:05 P.M. N RMAN ABRAMOWITZ, MAYOR CAROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $110.07 or $13.76 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." CITY OF TAMARAC/ APPROVED AT MEETING OF , 44I/���9a City Clerk Page 21 City Council 3/14/90-pw