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HomeMy WebLinkAbout1992-08-28 - City Commission Regular Meeting MinutesCity Council Regular Meeting 8/28/92/KJ Page 1 CITY OF TAMARAC CITY COUNCIL RECONVENED REGULAR MEETING FRIDAY, AUGUST 28, 1992 (from August 26, 1992) CALL TO ORDER Mayor Bender called this meeting to order on Friday, August 28, 1992, at 9:00 a.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of Allegiance. Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Joseph Schreiber Councilman Norman Abramowitz Councilman Irving Katz ALSO __PRESENT_:_ John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 3. d. MOTION TO APPROVE the transfer of $11,000.00 from Resources Available Park Impact Fees Account 142-872-588-99C to Tract 27 Drainage Account 142-652-572-6AE for the construction of drainage facilities to remove standing rain runoff along and south of the access road from Nob Hill Road to the concession stand/restrooms. SYNOPSIS OF ACTION: Removed for discussion. (Final Action on Page 3) C/M Schreiber MOVED to REMOVE Item 3.d. for discussion, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE Mayor Bender announced that Items 5 and 6 related to Item 14 and will be heard after the Public Hearings. 21. MOTION TO APPROVE allowing the City Manager to send employees and equipment to Dade County area to work with Disaster Relief Effort. SYNOPSIS OF ACTION: Agendized by Consent. (Final Action on Page 6) C/M Katz MOVED to AGENDIZE Item 21, SECONDED by C/M Abramowitz. VOTE: City Council Regular Meeting 8/28/92/KJ Page 2 22. MOTION TO APPROVE the expenditure not to exceed $5,000 from Contingency for ice and water for disaster area delivdredlby Public Works personnel in refrigerated trucks if need4d. FINAL ACTION Agendized by Consent. (Final Action on Page 7) C/M Schreiber MOVED to AGENDIZE Item 22, SECONDZD by C/M K tz. VOTE; ALL VOTED AYE 1 1 INTRODUCTION 1. SENTATIQN by City Manager Kelly of five-year employee service awards to MICHAEL TANNER and RICAARD LORENZ o the Public Services Department SYNQPS3!S -Or- ACTION: Presentations were made. Mr. Kelly made the award presentations to Michael Tanner a d Richard Lorenz of the Public Services Department. He comme ded he employees of the Public Services, Utilities and the Fire Departments for their outstanding work before, during and after Hurricane Andrew. Mr. Kelly announced that the Day Care item will not be on the Council agenda until October, at the earliest, and the Cou cil has promised to hold an evening workshop to allow the residentz to participate, prior to Council's consideration. He said it u,ill not be placed on the agenda until the City Attorney and Staff hjave time to research and gather necessary information regarding this. LIC PARTICIPATION PII� I 2. EMLIC PARTICIPATION -- Any member of the public may spe k to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will ke a, thirty (30) minute aggregate time limit for this item, I and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. i i Nathan Peretzman, resident, expressed his concerns regarding th Medics Ambulance Service contract. 1 C/M Abramowitz requested that Mr. Peretzman remain until th e enl� of the meeting for the Council reports. He said he has answ red Mr. Peretzman's questions in the past and will not answer h -s questions at this time. He said Mr. Peretzman knows the ans er �o every single question that he asks. He said the Charter for ids', any elected officials to be involved in administrative matt rs.IHe said the elected officials are the legislative body, not thle j administrative body. Marvin Seidel, resident of Kings Point, requested that the City contract outside assistance to work on the canal maintenance to alleviate the problem that currently exists. Melanie Reynolds, resident, expressed her opinion regarding the amending of ordinances. Walter Rekuc, resident, expressed his concerns regarding thy+ oft - street parking occurrences in the City. Mr. Rekuc questioned the hiring practices of the City and requested the removal of mismanagement within the City. Mr. Rekuc expressed his concerns regarding the tax increases within the City and monies taken from Utilities West. City Council Regular Meeting 8/28/92/KJ Page 3 C/M Katz requested that Mr. Rekuc submit a specific complaint about an individual for the record. He said he would like to hear a specific complaint about either someone who works for the City or who was elected to the City. 3. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by ONE NOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MQTIQN TO APPROVE rejection of the late bid submitted by Industrial Waste Services under Bid 92-18, Residential Solid Waste Collection Services. b. XQX&QN TO APPROVE the minutes of the following City Council meetings: 1. 7/30/92 - Special Meeting SYNOPSIS OF -AQTION* APPROVED LybliC gorvicaS„.,�0,partmat C. releasing warranty Letter of Credit #31143 in the amount of $8,111.60 posted for the sanitary sewer system at KINGS POINT, GRANVILLE, PHASE I. SYXQ$SI3 of $QZLQR� RRSOLUTION R-92-133-PASSED APPROVED e. MOTION ZO APPROVE the transfer of $10,000.00 from Contingency Account 001-872-588-975 to Propane Account 001--417-539-436 to provide adequate funds for remainder of fiscal year to purchase propane gas necessary to maintain a safe and proper level of the C-14 Canal during the rainy season. C/M Abramowitz MOVED to APPROVE the Consent Agenda, with the exception of 3.d., SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 3. d. the transfer of $11,000.00 from Resources Available Park Impact Fees Account 142-872-588-99C to Tract 27 Drainage Account 142--652-572-6AE for the construction of drainage facilities to remove standing rain runoff along and south of the access road from Nob Hill Road to the concession stand/restrooms. $YNOPSI9 „QF ACTION,;` Removed for discussion and then APPROVED C/M Schreiber said the City is taking $11,000.00 from this fund to correct the drainage problem in that area. He expressed his City Council Regular Meeting 8/28/92/KJ Page 4 concerns regarding the drainage on NW 71 Street between N010 Hill Road and said NW 108 Terrace has been a problem for several ye4rs. He asked why the City cannot find the funds to correct thi$ problem. He said the City has a Trafficways and Road Improleme t Fund of over $800,000.00 which could possibly be used to a..lev ate this problem. Mayor Bender said the $800,000.00 referred to is no longer $800,000.00. C/M Abramowitz said none of this money can be used to work on ITW 71 Street. He said this money is from impact fees and can only be used for new construction. He said the City spent approximately $12,000.00 to survey NW 71 Street in order to find a solution for the problem. He said the cost estimates to correct this problem were from $250,000.00 to $400,000.00. He said the engineering report is available to be reviewed by anyone. He said he visited NW 71 Street after the hurricane came through and there wa$ wa er collection. He said he visited it the following day and th re lad been water dissipation. He said he cannot compare the spen ingiof $11,000.00 with spending from $250,000.00 to $400,000.00. V/M Schumann MOVED to APPROVE Item 3.d., SECONDED by C/M Katz. VOTE: ALL VOTED AYE CONSIDERATIONS General Adminintrative 4. MOTION TO APPROVE the purchase of gasoline and dies 1 el for the City's fleet of vehicles and equipment under Brow rd County's Co-op Bid No. D-04-92-17-19 (tabled on 8/12/92). SYNOPSIS OF ACTION: - APPROVED C/M Abramowitz MOVED to APPROVE Item 4, SECONDED by V/M Schumann. Mr. Kelly said there was a question raised regarding the c st Oer gallon. He said the contract 4uns from July 1, 1992 througt January 31, 1994 with a one year renewal option which the tityi would be able to exercise. He said this is part of a coop grans with Broward County and othef'cities. He said the basic cost i approximately 65 cents per gallon and will vary. He said every Monday, there may be a slightly different price. He said these fuel will also run approximately 65 cents per gallon. C/M Schreiber asked why the City does not accept the lowest b i der and Mr. Kelly said the City accepts the lowest responsible bider. C/M Schreiber asked if there was any indication as to why P w s not considered responsible and V/M Schumann said they have',a contract clause stating that they have to favor a vendor over manufacturer. VOTE: ALL VOTED AYE I City Council Regular Meeting 8/28/92/KJ Page 5 7. MOTION TO ADOPT___Temp_ RERQ_ ifia4l approving a request by Carmelo Gonzales d/b/a DAY i NITS AUTO SALES, INC., for special exception to permit an auto repair facility located at 3825 NW 49 Street which is zoned B-3 (General Business). Petition #22-Z-92 RESOLUTION R-92-136-PASSED APPROVED with the following conditions: a. All major repairs to be performed within an enclosed building. b. Outside storage or display of parts and used tires is prohibited. C. Outside merchandise display is limited to petroleum products and new tires only, and these products shall not be displayed beyond the pump island area. d. Outside storage of vehicles is restricted to vehicles with valid license plates. All vehicles stored outside after business hours shall be parked in an orderly manner and only in approved parking spaces and shall not be physically dismantled and shall not appear to be junked or abandoned. e. Paint and body shops and paint and body work are prohibited. Mr. Kraft read Temp. Reno. #6343 by title. C/M Katz MOVED to APPROVE Temp. Remo. #6343. C/M Abramowitz asked if this is an auto repair or auto sales business and Ms. Carpenter said this is to permit the operation of an auto repair facility. She said the words, "Auto Sales" is in the name of the corporation. C/M Abramowitz asked if the applicant is permitted to sell automobiles under the license and Ms. Carpenter said they are allowed to sell the automobiles without the special exception in the 5-3 zone. Ms. Carpenter said the applicant is requesting the ability to repair those vehicles in the B-3 zone, which needs a special exception. Martin Feldman, attorney representing Carmelo Gonzales, said this is an auto repair facility with a small sales business of used vehicles and there will only be indoor repairs done. C/M Abramowitz asked if there will be storage of auto parts visible and Mr. Feldman said all parts will be stored inside. C/M Abramowitz said he would like assurance that there will not be auto parts and tires stored outside. Ms. Carpenter said the ordinance requires and will be incorporated into the Findings of Fact, the following: 1) All major repairs are to be performed within an enclosed building, 2) Outside storage or display of parts is prohibited, which includes junk, tires, etc., 3) Outside merchandise display is limited to petroleum products and tires only, and these products shall not be displayed beyond the pump island area, 4) Outside storage of vehicles is restricted to vehicles with valid license plates. All vehicles stored outside after business hours shall be parked in an orderly manner and only in approved parking spaces and shall not be physically dismantled and shall not appear to be junked or abandoned, 5) Paint and body shops and paint and body work are prohibited. V/M Schumann asked if the display is limited to petroleum products and new tires only and Ms. Carpenter said conditions concerning used tires could be placed into the language also. Ms. Carpenter said Council is free to add any additional conditions they may have and V/M Schumann agreed. 1�k City Council Regular Meeting 8/28/92/KJ Page 6 C/M Abramowitz asked if the Petitioner,would agree to these' stipulations and Mr. Gonzales said, yes, i V/M Schumann requested that a prohibition against visibility of used tires be incorporated into the Motion and C/M Katz ame�ded the Motion to include this. ' " f Mr. Gonzales said the business will be open for six days f a.m. to 7 p.m. C/M Schreiber SECONDED the Motion. VOTE: ALL VOTED AYN C] 8. a. approving an Agreement with Coral Springs Improvement District (C. for Emergency Water Interconnect at Nob Hill Roa anc Southgate Boulevard to provide emergency potable wate b. awarding Bid #92-19 in the amount., of $71, 933.76 to Chaz Equipment Company, Inc., to, nstall'a 12-inch emergency potable water supply interconnect at Nob Hill Road and S uthc_ Boulevard, TUW Project 90-04. C. MOTION TO_APPROVE the transfer of $10,946.00 f om ' Contingency Account 425-371-588-975 to TUW Project 9( Account 425-364-533,-6HD to properly fund the Cit 's portion of this project. i:RESOLUTION R-92-137-PASS*D SYNOP31S OP ACTQN RESOLUTION R-92-138-PASS#D APPROVED 8.a., 8.b., and 8.c. 8.a. Mr. Kraft read Temp. X"o. #6332 by title. ID) to 04 C/M Abramowitz ,MOVED to. APPROVE "Temp. 'Reno. #6332, SECONDED by V/M Schumann. Mr. Kelly said this is an interconnect program with the City of! Coral Springs to provide for emergency water service and is'a gpod backup for the City. in case,,there is an emergency. He said ordinarily when this type of ,item is brought before Council, it' has already been approved by;the other parties. He said the Coral Springs Improvement District is difficult to get in contact wit ; therefore, when Council approves this, it will be subject t approval by the Coral Springs Improvement District before I ems 8.b. and 8.c. can be in effect: TAPE 2 C/M Schreiber asked why Tamarac:is required to spend more money than Coral Springs for this connect and Mike Couzzo, Director 0� Public Services, said there is a section which crosses over'the ll canal, which is being split equally; however, there is a $50,000.00 section that Tamarac needs to install to get to �wher the mutual connection will be. Mr. Couzzo said Coral Springs is doing whatever they need t do to get to the point where they are mutually contracted. VOTE: ALL VOTED AYE i 8,b. Mr. Kraft read Temp. Peso. #6344 by title. i C/M Katz MOVED to APPROVE Temp. Reno. #6344, SECONDED by � V/M Schumann. C/M Abramowitz asked if this money is coming from the CIAC'Fund! and Mr. Kelly said this is a budgeted amount which Council previously approved. City Council Regular Meeting 8/28/92/KJ Page 7 C/M Abramowitz asked why this cannot come from the CIAC Fund being new construction. Mary Blasi, Finance Director, said this item will not be able to be paid by CIAC Funds because it is not for new development or new water customers, but is to service emergency situations of the existing customers. She said this is being funded from the TUW Operations Fund. aelkl g ALL VOTED AYE $.c. V/M Schumann MOVED to APPROVE Item B.c., SECONDED by C/M Katz. VOTE: ALL VOTED AYE 21. MOTION TO APPROVE allowing the City Manager to send employees and equipment to Dade County area to work with Disaster Relief Effort. AYNOPATA OF ACTION: Agendized by Consent on Page 1. APPROVED C/M Katz said the Red Cross has set up a field headquarters for the coastline disaster relief. He said the City is prepared to send men and equipment to the devastated area in Dade County on Monday, August 31, 1992 to help with the Hurricane Relief effort. C/M Abramowitz MOVED to APPROVE Item 21, ,$ECONDZD by V/M Schumann. C/M Abramowitz said he believes that there are some personnel currently in Dade County and Mr. Kelly said the Fire Department had volunteered with others and are currently in a convoy with Coral Springs and Lauderhill to provide assistance. Mr. Kraft said the City will be sending volunteer employees and will have some employee status and there are certain risks and liabilities which may arise out of this. VOTE: ALL VOTED AYE 22. MOTION TO APPROVE the expenditure not to exceed $5,000 from Contingency for ice and water for disaster area delivered by Public Works personnel in refrigerated trucks if needed. FINAL AC�;LON" Agendized by Consent on Page 2. APPROVED C/M Schreiber said he has been in communication with people in Kendall who lost their homes and the item that is needed most is ice and water. He said there is a possibility that there will be reimbursement by FEMA for this. Mayor Bender said FEMA is providing kitchen facilities and water. He suggested that the City find out if there is a need to supply this. C/M Abramowitz said the VA Hospital in Miami is without water to drink. He said the Broward League of Cities has begun a Broward County relief effort and suggested that Mr. Kelly check with the VA Hospital for their condition. City Council Regular Meeting 8/28/92/KJ Page 8 V/M Schumann suggested this not be limited to Kendall but tq and area that may need the water and ice. i C/M Schreiber MOVED the expenditure for ice and water for devasted area to include any area that may be in need, S8 by V/M Schumann. ALL VOTED AYE Mayor Bender RECESSED this meeting at 9:58 a.m. and RE the meeting at 10:00 a.m with ALL PRESENT. 9. PUBT-Tir HEARING - MOTION To ADOPT TAM- O3rr1___JLL" second reading to amend Section 2-2 of the Code to est4 the City's mileage allowance to be the amount allowably deduction as set by the Internal Revenue Service. SYNOPSIS OF -_ACTION: ORDINANCE 0-92-40-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1615 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1615, SECONDED b+ V/M Schumann. li$h foi Mr. Kelly said this is to allow for the gradual increase inthe mileage costs. He said the City's mileage cost is presently set 21 cents and this will raise it to the mileage set by IRS acid w provide changes whenever made by IRS so that it will not ha4e t come before Council each time the rates are changed. He said th current rate is set by IRS as 27-1/2 cents per mile. Mayor Bender OPENED and CLOSED the Public Hearing with NO: RESPONSE. VOTE: ALL VOTED AYE 1 10. PUBLIC HEARING - MOT ON TO ADOPT Tamp_ _Ord__ 11620 ork second reading approving three-year agreements between'thel City and the following firms to provide commercial waste hauling services within the City: 1. All Service Refuse Company 2. Browning Ferris industries of Florida, Inc. 3. County Waste, Inc. 4. Industrial Waste, Inc. 5. Southern Sanitation, Inc. ORDINANCE 0-92-41-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1620 by title. V/M Schumann MOVED to APPROVE Temp. Ord. #1620, SECONDED bl C/M Katz. Dina McDermott, Assistant City Manager, said this is the second! reading of an ordinance approving a three-year, non-exclusive agreement individually between the City of Tamarac and the at 11 L, City Council. Regular Meeting 8/28/92/KJ Page 9 following waste haulers to provide commercial waste hauling services within the City and area businesses: 1. All Service Refuse Company 2. Browning Ferris Industries of Florida, Inc. 3. County Waste, Inc. 4. Industrial Waste, Inc. 5. Southern Sanitation, Inc. Ms. McDermott said the agreements provide for a 10% franchise fee. She said the City received approximately $148,000.00 in revenue in 1991/92 and in the new 1992/93 budget, it is anticipated to be approximately $160,000.00 in revenue. C/M Abramowitz asked about Larry O'Connor Sanitation Services and Ms. McDermott said Larry O'Connor has withdrawn from the contract. C/M Katz said there have been a number of requests for relief of the six -day pickup requirement of the Code. He asked if the prospective revenue projection takes into consideration these requests and Ms. McDermott said it does and it also includes the increase of the tipping fee at the land fill. Mayor Bender OPENED and CLOSED the Public Hearing with NO RESPONSE. VOTE: ALL VOTED AYE 11. - HQTIQN TO ADOPT TeM2. QXSI. 11581 on second reading to add a new Section 14-39 to the Code prohibiting the parking or display of motor vehicles, trailers and boats for sale on any public right-of-way, easement, swale or other public or non -exclusively private area within the City. SYNOPSIS OF- AQJIONG ORDINANCE 0-92-42-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1581 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1581, SECONDED by V/M Schumann. C/M Abramowitz asked if this prohibits anyone from selling their own vehicle in their own driveway and Mr. Kraft read Provision C-2 of the ordinance. Mayor Bender OPENED the Public Hearing. Muriel Brown, resident of Kings Point, asked if the condominiums are addressed in this ordinance along with the private dwellings. C/M Schreiber said the condo associations usually prohibit the sale of private vehicles. Anthony Grimaldi, resident of Heathgate Sunflower, asked if he could sell his car in the swale in front of his home and C/M Abramowitz said the law indicates that parking is not permitted on the swales. Mr. Grimaldi asked why he cannot utilize the swale in a manner he would like, based on the fact that he maintains it and C/M Abramowitz said every home has a right-of-way in the front of the property, but those rights -of --way and utility easements do not belong to the homeowner. He said the purpose of this ordinance is to prevent Tamarac from looking like a used car lot. City Council Regular Meeting 8/28/92/KJ Page 10 Joe Padwa, resident, asked about the empty trucks which are parked in empty lots for advertising purposes and C/M Katz said that is addressed in the Sign Code which allows Code Enforcement tolcit these violators. I Mayor Bender CLOSED the Public Hearing with no further res�ons�. VOTE: 12. ALL VOTED AYE first reading concerning a request by the CITY OF TA 1A to rezone lands at the northwest corner of McNab Road rnd N.W. 108 Terrace from B-1 (Neighborhood Business) District to R-3U (Rowhouse) District. Petition #20-Z-92 SYNOPS,I,g, OF ACTION_ Public Hearing was held. APPROVED on first reading. Public hearing and second readin wi 1 be held on Wednesday, September 23, 1992 at or after 10:00 �-m.� Mr. Kraft read Temp. Ord. #1625 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1625, SECONDED y V/M Schumann. Ms. Carpenter said this is an application by the City to prDcess a rezoning for a parcel at the northwest corner of McNab Road and NW 108 Terrace. She said this parcel has been designated commercial since 1976 and the Council thought it in the best interest Df the City to change it from commercial to residential to be comp�tib e with the surrounding neighborhood. 1 Ms. Carpenter said the Planning Commission has recommended approval of this rezoning case and Council has approved the Lan Use Plan amendment. C/M Katz said he had read an article in the newspaper regarding DCA approving the City's Land Use Plan under certain conditions and asked if this was included in that approval. Ms. Carpenter said the ad in the newspaper referred to the 1992,, amendment and this item was approved by DCA in 1991. Mr. Kelly questioned the title on the ordinance and on the agenda stating B-1 to R-3U and B-1 to R-1 and Ms. Carpenter said the ordinance and agenda should read R-3U. She said the item was advertised correctly. Mayor Bender said Council can vote on this as is on first reading and then have it corrected. Mr. Kraft said everywhere it states, 11R-1" will be amended to read, "R-3U—Rowhouse". C/M Katz AMENDED his Motion to include the City Attorneys' recommendation, SECONDED by V/M Schumann. Mayor Bender OPENED and CLOSED the Public Hearing with NO RESPONSE. VOTE: ALL VOTED AYE 1 City Council Regular Meeting 8/28/92/KJ Page 11 13. PUBLIC REARING - MOTION TO ADOPT Tema_ Ord_ 61621 on second reading concerning a request by Regency Homes, Inc., Agent, to rezone lands platted as NOODNONT TRACT 67 and located on the northeast corner of NW 88 Avenue and NW 75 Street from R-4A (Planned Apartment) District to R-1 (Single Family Residential) District. Petition #24-Z-92 SYNOPSIS, OF &Q%l = ORDINANCE 0-92-43-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1621 by title. C/M Abramowitz MOVED to APPROVE Temp. Ord. #1621, SECONDED by C/M Schreiber. Ms. Carpenter said this is the second reading of an application by Regency Homes to rezone a parcel from R-4A to R-1 located directly across the street from City Hall. She said the Planning Commission and Staff are recommending approval. C/M Schreiber asked if the applicant has acquired title to the property and Ms. Carpenter said the applicant has not, but there are letters received from Park West Construction giving Regency Homes permission to apply as the owner with four conditions in the letter. C/M Abramowitz said there was a stipulation during the first reading that in the event that title did not change hands, this would not be in effect. Ms. Carpenter said this was based on the approval in writing from Park West Construction, which was received. She said the owners set conditions for the buyer and the buyer is present to demonstrate these conditions. V/M Schumann questioned the notification to Park West of the Council meeting being postponed until August 28 and Ms. Carpenter said Regency Homes notified Park West about the change in the meeting date. Cynthia Paddock, representative for Regency Homes, said Park West was notified that the hearing was postponed until August 28, 1992. She referred to the letter dated August 25, 1992 from Park West which explained the conditions. Ms. Paddock said Park West and Regency Homes has closed in escrow but nothing has yet been recorded. She submitted the documents to the City Clerk. C/M Katz asked if the deed restriction qualifies the property as R-1 and Ms. Paddock said it will be rezoned to R-1. Mayor Bender OPENED and CLOSED the Public Hearing with NO RESPONSE. VOTE: ALL VOTED AYE City Council Regular Meeting 8/28/92/KJ Page 12 14. 04 second reading amending Chapter 21 of the Code by adding h new Division 6 entitled "Delegation Request" to provid procedures to be consistent and compatible with the Co my platting requirements. SYNOPSIS OF ACTION: ORDINANCE 0-92-44-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1618 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1618, SECONDED by C/M Abramowitz. Ms. Carpenter said this is the second reading proposing to imen Chapter 21 of the Code by adding a new Division 6 dealing with delegation request. She said Broward County has a slightly different platting procedure than the City of Tamarac and whenn the City attempts to amend plats which have been approved by Co nci , but not yet recorded into the public record, there is a can lic between the Broward County requirements and the City requir men s. Ms. Carpenter said the City has no provision for amending r corded plats with respect to the notes and language on the plat ani this ordinance will set forth a procedure for amending the notes on recorded plat. Mayor Bender OPENED the public Hearing. Melanie Reynolds, resident, questioned the meaning of the t rm, "delegation request" and Ms. Carpenter attempted to explain the term by stating that there are three cases in which a delegotio� request would be considered for purposes of platting. I Ms. Carpenter said when an owner of a platted piece of propOrty or of an overall plat seeks to change a note on the face of thy: pl t, Staff is not allowed to change the note without the approval of; Council and Broward County cannot change the note without the comment of Council. She said the City does not have a procedures spelled out in the Code for handling this type of project, but the City has been doing it and calling it a delegation request.!Shell said this codifies it. Ms. Reynolds said she did not want to know the types, but who delegation is, to whom they are requesting and what does it m Ms. Carpenter said the person who owns the plat is the person wlo makes the delegation request. ! I Mayor Bender said there is a title assigned to this particu ar type of action and Ms. Reynolds asked why. Ms. Carpenter said it is a term of art which has been develpped by Broward County and adopted by the City describing a process 'which allows minor amendments to recorded and unrecorded plats, which' are the second and third type, without having to go through a formal procedure. TAPE 3 Ms. Reynolds said it is important for the residents to unde sta d what is being discussed. C/M Katz asked if this is the new procedure and Ms. Carpenter said this is a new procedure which does not currently exist in the City of Tamarac and does not deal with the site plan at all, but to revision of a plat. C/M Abramowitz said the Kings Point community would like to add the words, "adult community" to their plat, and asked if there Is a lack of procedure for Kings Point to do this at present and M$. Carpenter agreed. City Council Regular Meeting 8/28/92/KJ Page 13 I C/M Abramowitz said the City is attempting to place a procedure in the Code which indicates the proper way to do this. He said Broward County constantly is telling the City that a procedure must be developed. He said this does not remove any powers from Council to legislate and Ms. Carpenter agreed. Sam Garber, resident, expressed his opinions regarding the Adult Communities and the Fair Housing Act. C/M Abramowitz said there are communities throughout the entire City which have the adult community terminology. Mr. Kraft announced that the item before Council is a general process for a delegation request to make changes on the face of the plat. He said the specifics regarding the Fair Housing Act is not addressed by this ordinance. Mayor Bender CLOSED the Public Hearing with no further response. VOT$: 15. Pj� LIC!.,. $ZARING MOTION TO ADOPT Temn _ Ord_ #1616 on second reading placing an amendment to Section 6.04 of the Charter on the 11/3/92 ballot establishing single member districts for Councilmembers. SYNOPA —ACTION: ORDINANCY 0-92--45-PASSZD Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp.. Ord. #1616 by title. V/M Schumann MOVSD to APPROV$ Tamp. Ord. #1616, SZCONDED by C/M Schreiber. C/M Abramowitz stated he had objected to this item when it was initiated. He said some of the rationale that was brought forward by members of Council was that it took a lot of money to run for office in Tamarac. He said in the last election, the person who received and spent the most money was not elected. C/M Abramowitz said the reason he objects to this is because it eliminates the area of responsibility of a Council member. He said elected officials should and are interested and made to understand when the electorate appears and indicates that they are not in favor of a proposed piece of legislation. C/M Abramowitz said he has reviewed single -member districts which were put into place in cities or counties where there was a huge minority population. He said these minorities were denied the right to hold office, which does not take place in the City of Tamarac. C/M Abramowitz said it would be an injustice and a start of a bad process in the City to have single -member districts, which would take away from the electorate, their right to choose all of the members on Council. V/M Schumann said single -member districts will prevent forces from outside a district coming in and placing anyone into an office as desired, but could have them placed on the ballot. He said things like this will happen in the future in Tamarac. C/M Schreiber said he is in favor of this because it makes it easier and less expensive for people to run for office and it encourages new people to run for office. He said it also dilutes the power of encumbancy. He said a Council member cannot get City Council Regular Meeting 8/28/92/KJ Page 14 anything accomplished if he only concerns himself with his district. C/M Schreiber said it brings public officials much closer voters and makes it easier to identify and make them more accessible and responsive. He said this allows the voters district to choose their own local leader to represent the said it helps to overcome domination of City politics by a of special interest groups in a very large residential com said all of the U.S. House and Florida Legislative members elected from single -member districts. C/M Katz said whether the single -member districts become a not, any credible elected official will and should do what the best interest of the City as a whole. He said he had v sidewalks in Springlake, which is not in his district, as certain concessions to Malvern and Kings Point and other a in his district, but they were in the best interest of the t lean He .iand ul Lex . He are act or s i ed Eor 11 is as iot ityl. C/M Abramowitz referred to the Congress being single -member districts. He said this should be a reason to vote against ing�e- member districts. V/M Schumann said the responsibility of Council is to everyne the City. Mayor Bender OPENED the Public Hearing. Abe Garr, President of the Northwest Broward Coalition, exp ess d his concerns regarding single -member districts. He said to ut he residents into four separate single -member districts would e a disservice to all involved and may create a sense of person individuality and Councilmembers to satisfy their constituents 6f the districts that have elected them, instead of voting for;thel common good of all. He said single -member districts were implemented in large cities where minorities were excluded 4rom proper representation. He said Tamarac is a well-balanced city and Council was elected to represent everyone with complete accountability to all residents. Bernard Mann, resident of Section 7, expressed his concernsi n he creation of single -member districts because anybody elected fro a particular district will be obligated to those individuals rath r than all of the residents in the City. He said the elected officials will have a prior obligation to the people in their district rather than anybody else in the entire City. He said tie Council should be elected from the entire City. I Clara Berkowitz, resident of Belfort, Kings Point, said Ta rac not large enough to fragment into four districts. She said he City government will be adversely affected. He said the Cou cil currently works for the entire City, but single -member dirt ict would have Councilmembers protecting their own districts. S e s the door should be open for consideration by all Councilmembers She said with single -member districts, special interest groups control a Councilmember by large campaign contributions. Shp sa developers favor single -member districts because it is less expensive for them to control that particular district. Ms. Berkowitz said Palm Beach County voted in single -member districts in the 1940's. This was in place for one year and the reversed, which was costly. She said single -member district3 we again voted in about three years ago, and has fragmented th effect of the government body in Palm Beach County. She request that this be rejected. Anthony Grimaldi, resident of Heathgate Sunflower, expressel hi concerns regarding single -member districts and the populati n is the various areas in Tamarac. He requested that this item b rejected. i I is id 11 City Council Regular Meeting 8/28/92/KJ Page 15 Walter Rekuc, resident, said when a Councilmember is elected, it is hoped that the majority of the people in his district elected him. He said the City needs district voting to show that there is a representation of those people. He said there are minority groups that are backing out of elections because they do not want to spend a lot of money to be elected to a $3,000.00 per year job. He said the City is not getting the qualified people or the representation of any particular district in office. He said fraud and mismanagement can only be decreased is by representation from each district. Sam Garber, resident, expressed his objections to single -member districts. He said members of Congress fight for their own districts. He said he is in favor of an election at -large in the City of Tamarac. Bernie Hart, resident of Kings Point, said as long as there is a two -term limit in the Charter, nobody will be able to run forever in the City. He said the State Representatives and Senators are all elected by single -member districts, who work for everyone in the City and State. He said a Dade County judge called off the election for the County Commission and Mayor and ordered single - member districts because of minorities. He read a portion of the article from the newspaper regarding single -member districts. He said this was passed by a four to one vote on first reading to place it on the ballot. He requested that Council allow the people to decide by voting in favor to place it on the ballot. Irving Polk, resident, said in Pennsylvania, where single -member districts were in effect, there were people continuously re- elected to office because the community and organizations received gifts from the candidate and they voted for him. He said he would like the opportunity to have his voice heard throughout the City. He expressed his objections to single -member districts. TAPE 4 Alice Norian, resident of Mainlands 1 & 2, said this ordinance can be discussed favorably or unfavorably. She said with the size and character of the City of Tamarac, the City should not be separated. She said the residents are concerned with the City and conditions can be managed. Stan Bernard, resident, said this is a proposition to give the people of Tamarac the right to vote on this question. He said the people of Tamarac have enough sense to vote appropriately. Helen Massaro, resident of Section 7, said she was elected for Council in the past because she worked for the people. She said any member of Council will be re-elected if they work for the people. She said the elected officials are supposed to care about all of the residents in the City. She said currently, an individual runs for office from the district in which he or she lives, but is elected by the voters of all districts. She said the Councilmember must then be aware of the residents of the City, not just the needs of those in his district. She said this form of representation has made it possible for each Councilmember to become well known throughout the City and to be aware of the needs of all of the people in the City. Ms. Massaro said all of the residents pay taxes equally according to what is owned and the City officials should represent all of the resident. She said this creates a cohesiveness within the City and its people. She said single -member districts would lose the cohesiveness. C/M Katz said any elected official should do what is in the best interest of the entire City. He said the electorate should make the final decision regarding single -member districts. Sonny Winnerman, resident of Ashmont, Kings Point, requested this be placed on the ballot for the electorate to make a choice. City Council Regular Meeting 8/28/92/KJ Page 16 C/M Abramowitz said every Councilmember represents a distri t i the City. He responded to a comment regarding the voter's bock in Kings Point. Mayor Bender CLOSED the Public Hearing with no further re VOTE: C/M Katz - AYE V/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - NAY Mayor Bender - NAY 16. MOTION TO ADOPT TOM2. Ord- Itl - second reading placing an amendment to Sections 8.02 d of the Charter on the 11/3/92 ballot limiting the duties powers of the Charter Board. SYNOPSIS OF ACTION: ORDINANCE 0-92-46-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1622 by title. V/M Schumann MOVED to APPROVE Temp. Ord. #1622, C/M Schreiber. Mr. Kraft said this item limits the duties and powers of Charter Board to proposing Charter amendments to Council involvement in the redistricting process. He said other responsibilities will be eliminated. R am liffil duties it C/M Katz said this amendment was taken out of context of this Charter Board meetings where the Charter Board Attorney, Pal Novack, presented his position where certain duties of the �har:er Board were illegal. He said this amendment explains exactlywha the duties and responsibilities are of the Charter Board. H6 sa d if the electorate chooses to leave the duties as they are sell d out in the Charter, that would be the will of the people. He sa'd Mr. Novack had made certain suggestions and gave his legal opinion, which are included in this ordinance. C/M Abramowitz said joint meetings of the Charter Board and! Council were held in order to discuss common problems that had occurred in the past. He said there have been Charter Board4s w: did many investigations and some that were run for political expediency. He said the current Charter Board is the best that been elected in the past. C/M Abramowitz said there are things in the Charter that heidoe not agree with regarding the powers of the Charter Board. He sa'd there are things that may be illegal and should not and may not fall under the jurisdiction of the Charter Board. He said i reviewing this with the Charter Board, his impression was t at both elected bodies were going to discuss this and come to e conclusion as to what should be done, such as the ability to subpoena. ! C/M Abramowitz requested that the Charter Board meet with C unc'l to discuss the powers and duties. He said it is time to make changes. He said he does not support this amendment to the Charter. Mayor Bender asked if there is a time limitation to get thib itBm on the ballot and Mr. Kraft said in order for this to be on the November ballot, it must be forwarded to Jane Carroll's office �y August 31, 1992. i V/M Schumann said this matter has been discussed extensively. Ho suggested this be placed on the ballot for the residents to decide. s 11 11 City Council Regular Meeting 8/28/92/KJ Page 17 Mayor Bender OPENED the Public Hearing. Sam Garber, Charter Board member, requested the denial of this item because on a number of occasions the Charter Board was assured that Council was not looking to diffuse the powers of the Charter Board. Mr. Garber said City Manager Kelly is adamant about forcing this issue. He said the Charter Board is willing to cooperate with Council and will do anything within the Board's means to amend some of the provisions of the Charter which are not necessary. Nathan Peretzman, resident, said Council may be violating Florida Statutes #166.031 and the Charter #12.11 if this is passed. He read portions of Chapters #166.031 and #166.041. He expressed his opinions regarding the Charter Board. Irving Polk, resident, expressed his opinion regarding the existence of a Charter Board in the City. He said the Charter Board seems to be a "Watchdog Committee" and should not be necessary. Alice Norian, resident, expressed her concerns regarding the violation of this ordinance to the Charter. Melanie Reynolds, resident, said Council was elected to benefit the people of the City, not to deprive them. She said the Charter Board is part of the people's representative government and should not be deprived of them. She said it would be a disservice to the people if they are deprived of the Charter Board. David Krantz, Charter Board member, said Section 8.02 of the Charter delineates the powers and duties of the Charter Board, specifically to investigate complaints of nonfeasance, misfeasance and malfeasance, fraud, dishonesty, illegal personal gain at public expense, misappropriation of City funds, violation of conflicts of interest and other such actions. Mr. Krantz said in pursuing such actions, Charter Board members may make inquiries of all elected or appointed officials. He said if warranted, the Charter Board may hold public hearings, subpoena witnesses and take testimony. He asked what agency can take appropriate action if a Councilmember is guilty of any wrong doing. He asked if this is a clear case of conflict of interest. He requested this amendment be considered carefully and vote against the ordinance. Oscar Brawer, Charter Board member, said to eliminate the Charter Board would be to eliminate an inherent American privilege. He said this ordinance will emasculate the duties and powers of the Charter Board almost completely. He requested this not be approved and to approve the increase of the duties and powers of the Charter Board. Abe Garr, resident, said the Charter Board is not a rigid body and is flexible in their interpretation of what the laws are according to a common sense approach. He asked why the City wants to eliminate a board that has a positive point of view of what the City is all about and as an agency, serves a functional purpose in the City. He requested that this amendment be defeated. Walter Rekuc, resident, said outside auditors had recommended that the City hire an internal auditor and Council had failed to act on that recommendation. He said the Charter Board has the power to investigate. He asked why Council wants to undermine their authority if there has been no wrongdoing. City Council Regular Meeting 8/28/92/KJ Page 18 TAPE 5 Mr. Rekuc said the Charter Board should be given the power �o strengthen the Charter for the welfare of the residents. I Muriel Davis, Charter Board Chair, said the essence of this ordinance, as it relates to the duties and powers of the Ch rte Board, clearly indicates that this is a power struggle and political issue whereby four members of Council have submit ed the dictates of an appointed official, Mr. Kelly. Ms. Davis said Mr. Kelly first proposed to Council that the Cit have an appointed Charter Board, rather than an elected one. Sh reviewed history of the Charter Board. Ms. Davis said there would be a conflict of interest if the Charter Board utilized the City Attorney rather than their Dwn attorney. She said it is not necessary to eliminate the Charter Board attorney and secretary for financial reasons. She sail bo positions are paid minimum sums of money. j Ms. Davis said by diminishing the Charter Board's duties an powers by stripping them of the right to investigate violations of the Charter is taking away the democratic power of the people a d is not in the interest of the City of Tamarac. Ms. Davis said the Charter Board attempted to negotiate thi wii Council, which failed. She requested that the City Council of vote in favor of this ordinance. C/M Katz said he has been waiting for paperwork from Mr. NoVack regarding his recommendations of the changes to the Charter' Board's duties and powers. He said in order to get this on the November ballot, it must be passed at this meeting. He saidihe no problem in deferring this to a March ballot, but an election March may bring back those people elected to the Charter BotLrd created the previous problems. Las in Ms. Davis said the paperwork is ready for Council review. She s id the Charter Board had requested a joint meeting with Council an had no success. Herman Weselteer, resident of Kings Point, suggested the liiaitslof the duties of the Charter Board be. described to the public. C/M Abramowitz said there have been some elected officials that have had a problem in the past. He said there have been bads Councilmembers and bad Charter Board members. He said therelare certain elements in the Charter that he does not agree with He said he would like to work out the differences with the Cha ter Board and have the ability to have a Charter Board in the C ty whose primary function was not political, but to be of service o the City. C/M Abramowitz said Mr. Kelly has suffered tremendous abuse fro people who have been elected officials in the City. V/M Schumann said this is a usurping of powers that the Sta es' Attorney already possesses. He said it seems the Charter Bo rd wants to have the power to conduct a criminal investigation He said it is best to leave these types of investigations to tie States' Attorney. Mayor Bender CLOSED the Public Hearing with no further res*ons, VOTE: V/M Schumann - AYE " C/M Schreiber - AYE C/M Abramowitz - NAY C/M Katz -- AYE Mayor Header - NAY F-] City Council Regular Meeting 8/28/92/KJ Page 19 17. on second reading placing an amendment to Section 6.03 on the 11/3/92 ballot changing the Redistricting Committee's Report from being a final report to being advisory to the City Council. 3YNOP3I3 OF ACTION: ORDINANCE 0-92-47-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1624 by title. V/M Schumann MOVED to APPROVE Temp. Ord. #1624, SECONDED by C/M Schreiber. Mr. Kraft said this ordinance changes the Redistricting Committee's Report from a final report to an advisory report to Council. C/M Abramowitz said he is in favor of this ordinance. He said elected officials were elected to make difficult decisions and to be held accountable for their decisions. He said the Redistricting Committee should be an advisory board composed of members of the Charter Board and Council who go through a process to attempt to equal out all of the voting districts in the City. C/M Abramowitz said there are many legal restrictions in this problems. He said this ordinance takes the recommendation from the Redistricting Committee, brings it to the elected officials and Council makes the final decision. NOTE: C/M Katz left the meeting at 12:05 p.m. due to illness. Mayor Bender OPENED the Public Hearing. Oscar Brawer, resident, requested this be voted down based on the way the amendment is written; it is not clear and is incomplete. He said it is necessary to be sure that after the Report is submitted, it is not used for personal or political purposes. He suggested this be turned down at present and resubmitted after clarification. Walter Rekuc, resident, suggested that the wording, "the best interest of the citizens" be eliminated. He said this ordinance was posted on the board, but Page 2 was missing. He suggested this item be tabled until the public can be given this information. Mayor Bender RECESSED this meeting at 12:20 p.m. in order to acquire copies of Page 2 of the ordinance and RECONVENED the meeting at 12:30 p.m. with ALL PRESENT, except C/M Katz. Mr. Rekuc suggested that the report of the Redistricting Committee be final, not advisory and if it is rejected by Council, then it goes back to the Committee for further discussion. C/M Abramowitz said there is a timeframe on this item for approval. Mayor Bender CLOSED the Public Hearing with no further response. VOTE: C/M Abramowitz - AYE C/M Katz - ABSENT V/M Schumann - AYE C/M Schreiber - AYE Mayor Bender - AYE City Council Regular Meeting 8/28/92/KJ Page 20 5. MOTION TO ADOPT Tama_ Reno_ 46341 establishing a f e of $150.00 for Category 1 minor delegation requests, a fe of $1,000.00 for Category 1 major delegation requests, an a fee of $150.00 for Category 2 delegation requests. $YHQPSIS OF ACTION: RESOLUTION R-92-134-PAS APPROVED Mr. Kraft read Temp. Reno. #6341 by title. Ms. Carpenter said this sets the fees for the delegation prices in Item #14. 1 C/M Schreiber asked what determines a major and minor deleg ti request and Ms. Carpenter said that is explained in the ord na from Item #14. C/M Abramowitz MOVED to APPROVE Temp. Reno. #6341, S by C/M Schreiber. VOTE: C/M Abramowitz - AYE C/M Rats - ABS V/M Schumann - AYE C/M Schreiber - AYE Mayor Bandar - AYE 6. MOTION TO ADOPT Temp_, Rasa_ 46342 approving a delogat. request by Lennar Homes, Inc., to add a note on the face o the plat of ICINGS POINT MALVERN to include the age restriction wording found on all other Kings Points plats to move the rear lot line on several of the lots to megt minimum setback requirements of the City Code. Petition #33--Z-92 9XXOESIS OF ACTIONS RESOLUTION R-92-135-PASSEb APPROVED i Mr. Kraft read Tamp. Reno. #6342 by title. C/M Abramowitz MOVED to APPROVE Tamp. Reno. #6342, SEC by C/M Schreiber. C/M Abramowitz asked if the lot line move is to enable them;to x in compliance and Ms. Carpenter said the lot line is being �ovec at their request, not at the City's request. Ms. Carpenter said they have decided on the units which add a storage shed, which moves a private property line back five feet into what was proposed to be the common area to accommodate,the storage facility that is being proposed. on V/M Schumann referred to the letter from Carnahan & Associates. He said the units constructed on the plat are for those ages 6 or older or at least 80% of the units must be occupied by a person 55 years of age or older and that no person under the age 18 may bE a permanent occupant of any unit. He asked if the other amenities required for the 55 and older category have been met. Martin Riefs, representative for Lennar Homes, said the lan uag4 is directly from the Broward County Attorney's Office which is required to be on the plats. He read the language into the teco4d. Mr. Riefs said the County has requested that Council submit that they have no objection to this. He said this language is al o j utilized in their condo agreements. i 11 City Council Regular Meeting 8/28/92/KJ Page 21 i V/M Schumann asked if Lennar has certification from HUD and Mr. Riefs said, no, but they are not required to obtain this certification. He said this language is as required by the Broward County Attorneys office. Mayor Bender asked the definition of "permanent" and Mr. Riefs said the residents are permitted to have their grandchildren visit, but they cannot remain more than 30 consecutive days in their home. C/M Schreiber said if there is a challenge, it is Lennar's obligation to prove that they are meeting all of the requirements. He said it is not the City's obligation or responsibility to do this. V/M Schumann asked about the other 20% of the occupants and Mr. Riefs said the 20% can be between the ages of 19 and 54. VOTE: C/M Abramowitz - AYE C/M Katz -- ABSENT V/M Schumann - AYE C/M Schreiber - AYE Mayor Sender - AYE 18. QLty__ Council V/M Schumann said the Sun Sentinel had a Letter to the Editor complaining about where the local ham operators were during the Hurricane. He said during the emergency, there were ham radios operating throughout the State of Florida, but also throughout the United States linked to every state passing health and welfare messages to kinfolk living outside the State. He commended the ham operators in the area. C/M Schreiber - No report. C/M Abramowitz requested that Council instruct the City Manager to send a letter of commendation to the members of Staff who remained in the City throughout the Hurricane emergency. Mayor Bender - No report. 19. City Attorn®v Mr. Kraft - No report. 20. cityManaq Mr. Kelly - Absent. With no further business, Mayor Bender ADJOURNED this meeting at 12:45 p.m. -,-I- rZ CAROL A. EVANS CITY CLERK H. BENDER: MAYOR = �_ CITY OF TAMARAC APPROVED AT MEETING OF a0 3 - 9 �