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.
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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.
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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.
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Engineering/Utilities
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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
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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.
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* 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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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City Council
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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
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City Council
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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.
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City Council
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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.
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City Council
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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
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City Council
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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
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City Council
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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
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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
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City Council
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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
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