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HomeMy WebLinkAbout1989-03-22 - City Commission Regular Meeting MinuteseZA- 7525 N.W. 88th AVENUE TAMARAC, FLORIDA 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MARCH 22, 1989 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this t me will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. PRESENTATION by City Manager Kelly of Pmployee service awards to the following: Irene Adams (20 years) Community Development Ruth Russo (10 years) Community Development Erma Nahi (10 years) Police Department Nicholas Marazo (10 years) Police Department Phyllis Polikoff (10 years) Personnel Department FINAL ACTION: PRESENTATIONS were made. 2. PRESENTATION by Senator Peter Weinstein and Representatives Peter Deutsch and Ben Graber regarding state legislative matters. FINAL ACTION: PRESENTATIONS were made. Mitch Ceasar also spoke on Florida Power & Light. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating April 7, 1989, as "CONTINENTAL CABLEVISION DAY". FINAL ACTION: PRESENTATION was rescheduled to April 12, 1989, Regular City Council meeting. N Page 1 03/22/89 CONSENT AGENDA 4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is esire then the item(s) will be removed from the Consent Agenda and will be considered separately. Building De artment a. MOTION TO ADOPT Temp. Reso. #5347 releasing Performance Bond #120988 in the amount of $68,037.00 posted to guarantee the installation of landscaping and irrigation at the NATIONAL SAFETY COUNCIL project. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-64 PASSED. b. MOTION TO ADOPT Temp. Reso. #5348 releasing a cash performance bond in the amount of $3,000.00 to guarantee installation of the irrigation system at THE LANDINGS ON CYPRESS GREENS, Building #16 (890213) . FINAL ACTION: APPROVED. City Clerk RESOLUTION NO. R--89-65 PASSED. C. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 2/08/89 -• Regular Meeting 2. 2/22/89 -- Regular Meeting 3. 2/27/89 -- Special Meeting FINAL ACTION: APPROVED Cl APPROVED C2 APPROVED C3 d. MOTION TO ADOPT Temp. Reso. #5349 approving renewal of three sign waivers for KINGS POINT pertaining to number, size and location of community directional signs for a period of one year from 3/23/89. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-66 PASSED. Finance Department e. MOTION TO ADOPT Temp. Reso. #5355 requesting that the Florida Legislature pass laws providing sources of funding for the recent amendments to Chapter 121, Florida Statutes, and for the implementation of Chapter 163, Florida Statutes, and to pursue an amendment to the Constitution of the State of Florida that requires that any future legislation mandating action by a unit of local government, when such action places a financial burden on the unit of local government, will provide a source of funding suffkcient to cover the costs of .such action without the requirement for a referendum by the unit of local government. FINAL ACTION: RESOLUTION NO. R-89-67 PASSED. APPROVED. 1 Ll 1 Page 2 03/22/89 Utilities/Engineering 4. f. MOTION TO ADOPT Temp. Reso._#5297__ releasing warranty bond #W00363 in the amount of $91,182.90 posted for public improvements at TAMARAC SQUARE WEST (tabled on 1/25/89). FINAL ACTION: RESOLUTION NO. R-89-68 PASSED. APPROVED. g. MOTION TO ADOPT Temp. Reso. #5359 approving and authorizing the sale of selected surplus Tamarac Utilities scrap materials to J & B Salvage in the amount of $112.57. FINAL ACTION: RESOLUTION NO. R-89--69 PASSED. APPROVED. OPEN PUBLIC FORUM 5. OPEN PUBLIC FORUM -- Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. FINAL ACTION: Open Public Forum was held. REPORTS 6. City Council 7. City Manager 8. City Attorney 1 CONSIDERATIONS Community Development 9. MOTION TO APPROVE a model sales facility and waiver of the 300--foot distance requirement for issuance of certificates of occupancy for SPRINGLAKE II (Westlake Villas) for a six-month period from 3/22/89 to 9/22/89. FINAL ACTION: APPROVED. General Administrative 10. MOTION TO APPROVE the City Manager's appointment of Dale Lee as Chief Building Official/Director of Building Department. FINAL ACTION: APPROVED. I Page 3 03/22/89 Utilities/Engineering 11. a. MOTION TO APPROVE Addendum #24 to the engineering agreement with Hazen and Sawyer to prepare contract documents for TUW Project #88-9, New Raw Water Supply Wells #14 and #15, and to provide limited services during construction in an amount not to exceed $21,700.00. b. MOTION TO APPROVE the transfer of $26,000.00 from Water CIAO funds to a new account to fund this project. FINAL ACTION: APPROVED 11a APPROVED 11b. RESOLUTIONS Community Development 12. MOTION TO ADOPT Temp. Reso. #5357 approving a site plan for SUN BANK reflecting an addition to the building, renovation of the building and a new drive-in facility (located at the southeast corner of Commercial Boulevard and NW 38 Terrace). FINAL ACTION: RESOLUTION NO. R--89-70 PASSED. APPROVED, subject to no building permits being issued until plat is recorded. 13. MOTION TO ADOPT Temp. Reso. #5358 transferring a special use exception concerning a chicken carry -out restaurant from "The Rotisserie" located in Bay 16 of MIDWAY PLAZA to Dennis Stein d/b/a "Pick -a -Chick". FINAL ACTION: APPROVED. Personnel Department RESOLUTION NO. R-89-71 PASSED. 14. MOTION TO ADOPT Temp. Reso. #5354 relating to reorganization of the Recreation Division of the Public Works Park and Recreation Department by the elimination of certain positions and the creation of certain other positions within this department. FINAL ACTION: APPROVED. Utilities/Engineering RESOLUTION NO. R--89--72 PASSED. 15. a. MOTION TO ADOPT Temp. Reso. #5350 awarding Bid 89--4 in the amount of $9,748.00 to Maroone Chevrolet, Inc., for one (1) 1/2 ton compact pickup truck 4X2 for the Utilities Department. b. MOTION TO ADOPT Temp. Reso. #5351 awarding Bid 89--5 in the amount of $9,748.00 to Maroone Chevrolet, Inc., for one (1) 1/2 ton compact pickup truck 4X2 for the Utilities Department. Page 4 03/22/89 u 1 1 1 15. c. MOTION TO ADOPT Temp. Reso. #5352 awarding Bid 89-6 xn the amount of $26,099.99 to Ed Morse Chevrolet, Inc., for one (1) single axle dump truck (5 yards) for the Utilities Department. d. MOTION TO ADOPT Temp. Reso. #5353 awarding Bid 89-7 in the amount of 20,2 to Ed Morse Chevrolet, Inc., for one (1) 1 ton cutaway van for the Utilities Department. FINAL ACTION: RESOLUTION NO. R-89-73 PASSED. RESOLUTION NO. R-89--74 PASSED. RESOLUTION NO. R-89-75 PASSED. RESOLUTION NO. R-89-76 PASSED. APPROVED 15a. APPROVED 15b. APPROVED 15c. APPROVED 15d. PUBLIC HEARING - 10:00 A.M. Community Develo2Ment 16. PUBLIC HEARING - MOTION TO ADOPT Temp. _Reso. #5356_ concerning a request by PIZZA HUT OF TITUSVILLE, INC., for a special exception to operate a home delivery and carry out pizza and related Italian products facility with on premises cooking at McNAB CORNERS. Petition #2--Z-89 (located at the northwest corner of McNab Road and NW 80 Avenue) FINAL ACTION: DENIED. Public hearing was held. ORDINANCES PUBLIC HEARINGS - 10:00 A.M. Community Development 17. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1428 on second reading to vacate a portion of Parcel A 1 Water Retention and Drainage area and a portion of a 20-foot Drainage, Utility and Canal Maintenance Easement for the FAIRFAX project. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1429 on second reading to vacate a portion of Parcel' A 2 Water Retention and Drainage area and a portion of a 20-foot Drainage, Utility and Canal Maintenance Easement for the FAIRFAX project. FINAL ACTION: ORDINANCE NO. 0--89-11 PASSED. 17a. 17b. ORDINANCE NO. 0-89-12 PASSED. APPROVED on second reading. Public hearing was held. APPROVED on second reading. Public hearing was held. Page 5 03/22/89 18. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1420 on second reading- to amend Article I of Section 8--1 of the C,,de to provide for an amended definition of the term 'family". FINAL ACTION: ORDINANCE NO. 0-89-13 PASSED. APPROVED on second reading. Public hearing was held. General Administrative 19. MOTION TO ADOPT Temp. Ord. #1431 on first reading creating the position of Director of Development Services. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held during a Regular City Council meeting on April 12, 1989, at 7:30 P.M. 20. MOTION TO AUTHORIZE the transfer of $200,000.00 from City Hall Construction Fund to Police Facilities Construction Fund. FINAL ACTION: WITHDRAWN. AGENDIZED BY CONSENT 21. MOTION TO APPROVE rejection of all bids received under Hid 89-- 6 for Tamarac Sports Complex - Phase I and authorization for negotiation with low bidder. FINAL ACTION: APPROVED. 22. MOTION TO APPOINT Councilman Henry Rohr as voting elegate and Mayor Norman Abramowitz as alternate to Broward League of Cities. FINAL ACTION: APPROVED. 23. MOTION TO AUTHORIZE City Attorney to sign the necessary ocuments to acquire party status in the Florida Power & Light certification. FINAL ACTION: APPROVED. * k**!k'1t9kdk�k�*�k�k�k�***�k1t�k* ktk�k k'k�k�kir�k�k*�*�k***tk�ktk*�ktlk�k�k*'k'k�r�k�k k*tktk k k�k�k�k* The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision ma a by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk Page 6 03/22/89 1 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 22, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, March 22, 1989 at 9:05 A.M. in the Council Chambers. IEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the ?ledge of Allegiance followed by a Moment of Silent Meditation. DwrgVMM Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr ABSENT AND EXCUSED: Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary General Administrative 20. MOTION TO AUTHORIZE the transfer of $200,000.00 from City Hamel Coostruction Fund to Police Facilities Construction Fund. YNOPSIS OF ACTION: REMOVED at the City Manager's request. * V/M Bender MOVED to REMOVED this Item, SECONDED by C/M Rohr. City Manager Kelly asked that this Item be Removed for further review. ALL VOTED AYE INTRODUCTION 2. PRESENTATION by Senator Peter Weinstein and Representatives Peter Deutsch and Ben Graber regarding State legislative. matters. SYNOPSIS OF ACTION: PRESENTATIONS were made. Mitchell Ceasar, City Grantsman, also spoke on the matter regarding Florida Power & Light. Mayor Abramowitz said he has had the pleasure in the last year of working with the State Legislators regarding problems in the City. He said the State Legislators have assisted the City in every way possible and they were present today to discuss State legislative matters with the Public. He introduced Senator Peter Weinstein to the City Council and Public. Senator Peter Weinstein said he would be discussing some of the issues that he was concerned about and Representatives Peter Deutsch and Ben Graber would also be addressing some issues. Page 1 3/22/89 Senator Weinstein said the Theme for this year's Legislative session would contain three main components. He said one component would be all the problems associated with growth in Florida which seemed to be the biggest problem. He said another component was the crime problem which has absolutely devastated the State's Criminal Justice System. He said the other component would pertain to education and Social Services for the needy, which included the very young and elderly. Senator Weinstein said this year would be the tightest Budget Year that Florida has ever faced. He said there are concerns regarding the transportation problems in the State; however, the State insists that there is not enough funding available to address the many problems. He said the Florida Turnpike tolls would be increasing this Spring and he would be recommending that the funds were used in South Florida for Turnpike and other road improvements. Senator Weinstein said last year the Legislators were successful in getting funds appropriated for the City of Tamarac's Activity Center. He said additional funding was needed to complete the project this year and the Legislators would be listing this as one of their priorities. Senator Weinstein said he was most concerned about the problems in the Criminal Justice System. He said the first step that must be taken is getting additional prison facilities in the State. He said there would be approximately 6,000 additional prison beds for this year in the State. He said he has visited several Florida prisons and the prisons were not Taj Mahals. He said the prisons were simple concrete blocked buildings with double bunks, very minimal space and built at the lowest possible cost. He said, unfortunately, there was an element in the society that believed that murdering and drug dealing was an everyday occurrence and this would have to be attacked by several fronts. Senator Weinstein said the first attack would be making sure that funds were available to build facilities to assist the Judges in seeing that their sentences for the criminals were adhered to. He said presently only 17% of the sentences were being served in the Florida prison system. He said something needed to be done to ensure that the criminals, especially the dangerous offenders, served their sentences. He said this also meant that there had to be better Community Control and Probation programs for supervision of those criminals that were given another chance in society. Senator Weinstein said the drug problem had to be eliminated and, talking to law enforcement officers throughout the State, many say that attacking the supply side such as smuggling ships and boats would never work. He said something had to be done to erase the demand and to do this was through education and drug abuse prevention treatment programs. He said there were not enough drug prevention programs in the schools and having these types of programs cost money. He said he would be recommending that some of the funds obtained through drug confiscations be used in the individual schools for drug abuse prevention programs. He said this could be done by the same Police agencies that obtain the confiscated Page 2 3/22/89 11 1 1 funds to pay the Police Officers. He said he wanted the children to learn to work with the Police and become educated regarding the dangerous drugs, especially crack cocaine. Senator Weinstein said rehabilitation facilities needed to be available for those young people in the Community addicted to drugs and, presently, these people had no affordable place to go. He said these were primary issues that had to be addressed because a lot of the other problems in the State are based on the drug problem. Senator Weinstein said there were other problems associated with growth and one of the problems pertained to the need for roads. He said the Governor made it very clear that he would not appropriate any additional funds through taxes to assist in the roadway problems. He said some Legislators were proposing a 10% increase in gas taxes and he felt this was unnecessary and foolish because the Department of Transportation would never be able to adequately use the funds in one year. He said the problems could be eliminated by raising a few pennies for use on road improvements locally. Senator Weinstein said vetoing the tax increase Bills was not an act of leadership because people in the State had to have facilities that they could enjoy and assistance for the young and elderly. Senator Weinstein said the City of Tamarac had an aging population and there were people who needed services. He said there were several Grants obtained in the area for Alzheimer patients; however, much more was needed to be done. He said he did not know how funds would be available unless the funds were appropriated on the State level. Senator Weinstein said there had to be something for the children in the Community. He said 45% of the children in Florida were dropping out of High School and this was very frightening. He said the proposals made so far would not eliminate this problem such as raising the drop out age from 16 to 18. He said the children not happy at school at 16 and forced to attend school until 18 would cause disruption and trouble. He said he would be proposing that there be fewer courses and vocational training available to inspire the children to stay in school. He said there was a mistake in increasing the required average grade to 95% for an A and the children have lost interest in competing for grades. He said he would be proposing that the grade averages be decreased to allow more flexibility. Senator Weinstein said it was a pleasure working with the Tamarac City Council this past year. He said the City Government was very responsive and concerned about issues that were not necessarily local such as the proposed Florida Power & Light power lines, in which he was very concerned as well. Senator Weinstein said he met with Florida Power & Light and informed them that he would fight the proposed siting in every way possible. He asked Florida Power & Light if the power lines being placed in the Everglades would effect fish, alligators or birds the same way it would effect human beings. He said he did not want to live with power lines over his home, office building or school Page 3 3/22/89 and he was sure that the residents felt the same way. He said everyone had to fight this matter together and inform Florida Power & Light this matter would not be acceptable unless the power lines were properly sited. He thanked the residents for their attention.. Mayor Abramowitz introduced State Representative Peter Deutsch to the City Council and Public. State Representative Peter Deutsch congratulated the newly -elected City Councilmembers, C/M Rohr and C/M Hoffman. He said the City was working as well if not, better, than it ever has and this was a credit to everyone sitting on the dais. Representative Deutsch said the Xeri-scape program needed funding and it would; hopefully, pass this Legislative Session. He said he would like to focus on the City issues because it would be a great part of the Legislative Session. Representative Deutsch said the most important City issue to be discussed pertained to the proposed Constitutional Amendment regarding mandated requirements for local Governments. He said he was the prime sponsor of the Amendment which would prevent the Legislator from mandating Cities to provide services without any resources. Representative Deutsch said the issue regarding the Occupational taxes for local Governments would also be addressed. He said he hoped to have a solution to allow the Cities to be more equitable and raise more resources. Representative Deutsch said the one cent local option sales tax also affected the Cities in the way that the tax was implemented. He said when people see the funds tied directly to something, they did not object to the taxes. Representative Deutsch said some of the revenue sharing for the Cities came from the Cigarette taxes. He said the good news for society was that the people were not smoking as much; however, the bad news for local Governments was that the revenue for cigarettes was not increasing; therefore, the inflation was not being included in that revenue sharing issue. He said there was discussion regarding shifting the revenue sharing stream from the cigarette tax to something else more profitable for inflation. Representative Deutsch said there were road needs throughout the State, specifically in western Broward County. He said the Governor was acting irresponsibly to not do anything about the problem. He said there was a lot of support in the House for changing gasoline taxes and using the funds for road construction. Representative Deutsch said Growth Management was a big issue for the Cities and the concurrent ideas were coming forward. He said he did not know what would happen; however, there were specific problems in State roads. He Page 4 3/22/89 said if the State did not build up their roads to an adequate level of service it could prevent the Cities from doing what was needed in the Community. Representative Deutsch said Storm Water Treatment was a major issue for the coming Session and funding was a concern for the Cities.because the Storm Water Treatment Program was being mandated by the State. Representative Deutsch said there would be discussions regarding mandated employee benefits and he served on the Environmental Regulation Committee on which he was the prime sponsor for the State-wide transmission lines. He said the most important matter pertained to Florida Power & Light power lines and he would be assisting the Cities in preventing adverse affects to the Communities. He thanked the residents for their attention. Mayor Abramowitz introduced State Representative Ben Graber to the City Council and Public. State Representative Ben Graber said the City of Tamarac was very important to him and the City Council was very sophisticated, worked very well together and were very supportive for the Legislators. He said the Citizens made up their Government and he was pleased to see the residents at this meeting. Representative Graber said the Criminal Justice System was a very important issue because of the prison and drug problems. He said the local tax matter was very important as well. Representative Graber said he would be concentrating on public transportation because as the State grows larger public transportation would assist economical development. He said as the population aged there were fewer vehicles available and the elderly needed to have transportation. He said he served on the Public Transportation Committee and these issues were being addressed. Representative Graber said he was concentrating on social issues and health care was a very important issue. He said the costs in health care were increasing each year and a way to stabilize the problem was to study the health care situation and improve the access to health care and insurance. He said there are approximately one million employed citizens in the State that did not have health insurance. He said the citizens who did not have health care and needed medical attention were given the assistance at the cost of those citizens who did have health care insurance. Representative Graber said the services in the Community were a concern and he served on the Health Rehabilitation Committee. He said the Committee would hopefully assist in improving the Heath Rehabilitation services in the State. He said the Governor's new Budget indicated that there would be several cuts in the health rehabilitative services. He said there were several services which were relied upon and would not be available next year. Representative Graber said the State of Florida was the fastest growing State in the Country with approximately 900 new people per day. He said the people needed homes, schools, roads, etc., and the State had to assist in providing these things to the people. He said in order Page 5 3/22/89 to stay at the required level a certain percentage had to be increased in the Budget every year. He said if the Budget was stopped or cut, the growth would cause the funding problems to increase. Representative Graber said no one likes to raise revenue or taxes and no one wanted to do it this year. He said this year's Budget would be very tight and the State would feel the effects next year unless there were changes made. Representative Graber said there was a very strong Delegation in the State of Florida this.year and, whatever monies are available, Broward County should be able to get most of the funding. Representative Graber said he presented two major proposals to the Chairman of Appropriations of the House. He said the proposals pertained to appropriating the funds for the Community Center in Tamarac and making Tamarac the Pilot City for the Xeri-scape landscaping program. He said the Xeri-scape program consisted of using plants that needed little or no irrigation. He said this program would assist in saving cost and water supplies. He thanked the residents for their attention and he asked the residents to contact his office on any issues of concern. At this time, Mayor Abramowitz asked the residents to address the Legislators on matters of concern. Irving Lopatey, Resident, asked if there was any legislation pending affecting the private home sections equal to House Bills 7-18 and 7-19. Senator Weinstein said he did not think that there was anything major in the future. He said after the Study Commission met there were no recommendations for the Homeowners Association Statute. He said Tallahassee was not enthusiastic for a Homeowners Association Statute. He said this did not mean that there was no need for additional legislation because he spoke to several Homeowner Associations with serious problems; however, there was not enough force behind the proposals to get them implemented. Bernard Hart, Resident, said 5 years ago he was on the Committee appointed by the Governor for investigations. He said last year after five attempts, HB-5 was presented and there was a lot of enthusiasm on the part of the Homeowners Associations; however, the developers objected to the Bill. He said this matter was very important and the Homeowners Association residents were looking forward to some type of action on the proposals. Senator Weinstein said he did not mean that there was no enthusiasm by the Homeowners Associations. He said there was no enthusiasm on the part of the Legislators. He said he supported the legislation; however, there would not be enough votes available to pass the Bill. He said if the Bill came before the Legislators again, he would vote for it. Curt Rosenfeld, Resident, had concerns with the way the taxes were presently being used on the roadways such as the Sawgrass Expressway. He said there was no need to Page 6 3/22/89 ask for more funding for roadways when the present monies were not being applied appropriately.' TAPE 2 Senator Weinstein said the Governor appointed the Head of the Department of Transportation and the Legislators have recently come down hard on the Department of Transportation. He said the Legislators were concerned with the fiscal management of the Department of Transportation and there were new people hired to take the place of those that were not doing an appropriate job. He said this did not mean that the problems of transportation would be resolved because there is constant growth in the State of Florida and additional roads were needed. He said when 30 thousand additional students in the school system had to be appropriated the monies came out of pocket because the State and Federal Governments did not assist. Representative Graber said he sat in on some of the meetings with the Department of Transportation and many of the explanations of how the money was used were very poor. He said there was an on -going investigation into the matter and there would be corrections made. Marvin Seidel, Resident, said the residents of Tamarac wanted to object to the State mandates to the Cities. He asked if the legislators were supporting this proposal. Senator Weinstein said there was a proposed Sill indicating that the Legislators could not and would not propose any requirements upon Municipalities without the funding source available to pay for the requirements. Mr. Seidel said the residents were concerned with radiation and the Florida Power & Light matter was very dangerous. He asked if Florida Power & Light could be mandated to take their power lines elsewhere. Senator Weinstein said the Legislators would be fighting Florida Power & Light every step of the way. Mr. Seidel asked if the Legislators wanted the people to accumulate petitions and Senator Weinstein said he would like to have petitions from the people and letters to the Governor. Senator Weinstein said he met with Florida Power & Light and informed them that he was opposed to the existing siting of the power lines. He said it was very dangerous to erect power lines of that magnitude in the midst of the City's population center and he would oppose it. Mr. Seidel asked how the Legislators felt about gun control. Mayor Abramowitz said Mitch Ceasar, City Grantsman, was available to inform the residents and the City of the Florida Power & Light matter. Senator Weinstein said he voted against all the relaxation laws proposed and passed allowing anyone to walk around with concealed weapons and the National Rifle Association was not very pleased. Senator Weinstein said tomorrow night at 7:30 P.M. at Piper High School, Sunrise, he would be holding a Town Hall meeting. He asked the residents to attend this Page 7 3/22/89 meeting and he thanked the residents and City Council for giving him the opportunity to attend the meeting. Representative Graber said on Monday, March 27, 1989, from 10:00 A.M. to 4:00 P.M., his office would be holding a "Free Session Open House". He asked the residents to come to the office which was located at 6610 N. University Drive, Belle Terre, Tamarac, Room 200. Mayor Abramowitz introduced Mitchell Ceasar, City Grantsman, to the City Council and residents. Mitchell Ceasar, City Grantsman, said his reports reflected the matter regarding the Multi -Purpose Center and his activity for the City. He said he was Chairman of the Broward County Expressway Authority and the Committee was considering the sale of the land which the Sawgrass and Broward County Expressways owned. He said the presumed purchaser was Florida Power & Light and the Expressway Authority and Department of Transportation never contacted Florida Power & Light. He said Florida Power & Light contacted everyone and indicated that they would be erecting power lines and asked if there was property which they could purchase. Mr. Ceasar said he was informed of Florida Power & Lights' intentions approximately 4 months ago. He said the documents indicated the sale, price and terms and approximately 3 months ago V/M Bender contacted Florida Power & Light about the concerns regarding the transmission lines' radiation, etc. Mr. Ceasar said he was successful in delaying the vote predicated on discussions with Tamarac's City Council regarding the Florida Power & Light matter during a meeting of the Broward County Expressway Authority. He said during the next meeting, City Manager Kelly attended and made a presentation. He said the vote was delayed again based on the fact that there was a significant difference between Florida Power & Light's willingness to pay compared to what the Broward County Expressway Authority was willing to receive and what property appraisers said the property was worth. Mr. Ceasar said there was a meeting approximately two weeks ago and he was successful in delaying the vote one last time. He said the Item probably would have been approved but it was delayed. He said there would be a special meeting of the Broward County Expressway Authority scheduled by a majority of the membership for Wednesday, March 29, 1989 at 2:00 P.M., at the Broward County Governmental Center. Mr. Ceasar said he asked the City Council that they, the adjoining Cities Councilmembers and Legislators make a lobbying effort. He said if a lobbying effort was not made, the sale would be approved. He said forcing Florida Power & Light to resite their power lines would not eliminate other lines going up throughout the State. Mr. Ceasar said anyone who felt that this issue was important should be at the special meeting because if there was no opposition, the land would be sold to Florida Power & Light. He suggested that the oppositions and purpose of the opposition be noted and brought to the meeting. Page 8 3/22/89 KUBIC Mayor Abramowitz said he would like Mr. Ceasar to come back to a City Council Workshop on the matter and he thanked Mr. Ceasar for his presentation. At 10:05 A.M, Mayor Abramowitz RECESSED the meeting and RECONVENED at 10:15 A.M. with ALL PRESENT. RESOLUTIONS HEARING - 10:00 A.M. Community Development 16. PUBLIC HEARING -- MOTION TO ADOPT Tem2._ Reso. #5356 concerning a request by PIZTA HUT OF TITUSVILLE, INC., for a special exception to operate a home delivery and carry out pizza and related Italian products facility with on premises cooking at McNAB CORNERS. Petition #2-Z-89 (located at the northwest corner of McNab Road and NW 80 Avenue). SYNOPSIS OF ACTION: Public Hearing was held. DENIED. City Attorney Doody read Temp. Reso. #5356 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5356, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said this request was for a special exception for a take-out and delivery facility for whole pizzas. She said the parcel was approximately 120,000 square feet and 2.75 acres which was designated commercial on the City's Land Use Plan and currently zoned B-1. She said the current zoning allowed take-out facilities as a special exception and the parcel to the north was designated residential on the.City's Land Use Plan, zoned R3--U and developed as low -density multiple dwellings. She said to the south across McNab Road, the property was designated as residential on the City's Land Use Plan, zoned R4-A and developed as Concord Village Condominium. She said to the east was a parcel designated commercial on the City's Land Use Plan, zoned B-6 and developed as a strip shopping center which included uses such as office and retail businesses. She said to the west there was a parcel designated commercial on the City's Land Use Plan, zoned B-6 and developed as a funeral home. Mrs. Carpenter -Craft said the Planning Commission recommended approval on February 1, 1989. She said there were concerns from the neighboring residents that loitering and littering would occur with this business. She said rejection letters from several Condominium Associations were submitted to the City. Mrs. Carpenter -Craft said the Concept Site Plan accompanying the special exception request was reviewed by the Tamarac Staff Review Committee and staff recommended approval of the special exception with the following conditions: 1. Only medium and large pizzas and canned sodas be sold on the site. Page 9 3/22/89 Mrs. Carpenter -Craft said this condition was made to make people leave the premises. She continued to state the conditions as follows: 2. No sales of pizza by the slice. 3. No eat -in facility provided. 4. Propane tanks are to be buried at an appropriate location on the site to be approved by the Tamarac Building Department. 5. Trash receptacles are to placed outside the facility at an appropriate location to be shown on the Site Plan. 6. Daily outside cleanup and trash removal is to be provided by the applicant. 7. Hours of operation will not exceed the following: Sunday through Thursday 11:00 A.M. to 11:00 P.M. Friday and Saturday 11:00 A.M. to 1:00 A.M. Mrs. Carpenter -Craft said the applicant agreed to these conditions and the applicant was available to make a presentation and respond to questions. Alan Kan, Attorney for the Petitioner, said the application was for a special exception pursuant to the provisions of Sections 28-199 and 28-171 of the City Code which allowed retail food take-out establishments in a B-1 zone subject to compliance with certain criteria. Attorney Kan said the development was in the B--1 zone and the Petitioner agreed to comply with the recommendations of the City's staff. He said the criteria set forth in Section 28-171 of the City Code required the development be in a B-1 zone, providing that the Petitioner would have acceptable means of waste collection, a plan for the control elimination or reduction of any possible offensive odors and compliance with appropriate and applicable City Ordinances. Attorney Kan said the application was before the Planning Commission at a Public Hearing and they recommended approval. He said he was asking City Council approval predicated upon the staff and Planning Commission's approval and based upon facts in evidence. He asked that the City Council not make their decision based upon opinions but on a finding as to the criteria being complied with. Attorney Kan said the Site Plan before the City Council indicated the location of the facility to be on an obscure side bay on 80 Avenue approximately 1,000 square feet in size. He said 25% of the entire bay would be eligible to public space. He submitted a photograph into the record for City Council review of a facility in West Palm Beach which was operating for one year. Attorney Kan said the picture indicated an approximate 1,000 foot facility in West Palm Beach which was similar to the facility being requested for special exception. He said the limited amount of public service area was evident and was approximately less 25% used for pick-up and delivery business only. Attorney Kan said the business would only sell medium and large pizzas, not sell alcoholic beverages and the hours of operation would be 11:00 A.M. to 11:00 P.M. on Sunday through Thursday and 11:00 A.M. to 1:00 A.M. on Friday Page 10 1 i 3/22/89 and Saturday. He said it was estimated that approximately 80% of the overall business would be delivery with 20% carry -out. At this time, Attorney Kan submitted Exhibit 2 into the record. He said this Exhibit was a copy of the executed service contract with Industrial Waste Service which provided trash collection services to the business 6 days a week. He said this was part of the criteria under Section 28-171 of the City Code. He said this contract was reviewed by the City staff and there were additional requirements that the business provide outdoor receptacles with a daily cleanup of the area outside being an acceptable method of waste collection for the premises. At this time, Attorney Kan submitted Exhibit 3 into the record. He said this Exhibit was a letter from the research firm which provided the kitchen equipment report being used for the business. He said the Exhibit indicted that 1.4 ounces per day or .000005 ounces per 3 feet of oil could be generated by the baking operations during a typical day. He said there would be testimony by a person with an engineering background who would clarify this information for the City Council. Attorney Kan said the method in which the ovens would operate, in all intents and purposes, eliminated the possibility of any odor corning from the ovens because of the way the ovens work. He said the potential maximum exposure to the atmosphere of the cooking oil was 1.4 ounces per day which was less than the average odors emanating from any individual single-family residence. He said this information was being presented in compliance with Section 28-171 of the City Code which required that the business establish to the City's satisfaction that there would be an appropriate method to eliminate potential odors in the air. At this time, Attorney Kan submitted Exhibit 4 into the record. He said this Exhibit was a letter delivered to the City's staff in February, 1989, stipulating the type of product which would be sold, the hours of operation, means and method of the location of the propane tanks in accordance with the appropriate requirements of the City, additional requirements for the installation of trash enclosures outside the property in compliance with the City Codes and the method in which the outside area would be policed by the business to maintain cleanliness. At this time, Attorney Kan called upon Mr. Williams to testify concerning the odor elimination. He asked that Mr. Williams be sworn into the record. Mayor Abramowitz asked City Attorney Doody if he objected to the Witness being sworn in and City Attorney Doody replied, no. Mayor Abramowitz asked Pauline Walaszek, Secretary, to swear the Witness into the record. Attorney Kan asked Mr. Williams to state his full name for the record and Mr. Williams stated his full name to be Derek Williams. Page 11 3/22/89 Attorney Kan asked Mr. Williams to state his occupation and Mr. Williams said he is a Construction Engineer with Pizza Hut, Incorporated. Attorney Kan asked Mr. Williams to state his educational background and Mr. Williams said he holds an engineering degree in construction. Attorney Kan asked Mr. Williams how long he has been employed as a engineer in the food industry and Mr. Williams replied, 4 years. Attorney Kan asked Mr. Williams how long he was employed with Pizza Hut, Inc., and Mr. Williams replied, 4 years. Attorney Kan asked Mr. Williams to inform the City Council of his background and experience in the food industry as an engineer. Mr. Williams said in the past 4 years he built several restaurants throughout the Country which included delivery units, traditional restaurants and several remodels. Attorney Kan asked Mr. Williams if he was involved with the installation of the ovens in the delivery and take-out restaurants and Mr. Williams replied, yes. Attorney Kan asked if Mr. Williams reviewed the letter from the consulting engineers regarding the cooking oils and exhaust areas and Mr. Williams replied, yes. Attorney Kan asked Mr. Williams to describe information submitted by the consulting engineers based on his past experience and expertise. Mr. Williams said the study was conducted based on the fact that the oven system was questioned by several Municipalities as to whether there was a requirement for a fire suppressent system. He said the study was done to prove that the fire suppressent system was not needed there would be no open flame because the product was cooked in an open heating chambers. He said only .000005 ounces per cubic feet of all particles were put in the air -mass. Attorney Kan asked how this related to the elimination of the odors coming from the ovens and Mr. Williams said the odors and oils coming from the product would be very minimal. Attorney Kan asked the City Council if they had any questions for the Witness and Mayor Abramowitz said the Witness was self-explanatory and he thanked the Witness. Attorney Kan said the other factors contained in the Ordinances pertained to compliance with the appropriate Code requirements. Referring to Exhibit 4, Attorney Kan said this Exhibit indicated the methods in which the conditions set forth by the City staff would be complied with. He said the Site Plan indicated the parking plan and location were surrounded by 30 spaces within a 50 to 75 foot walking distance; therefore, there would not be any adverse impact on parking for the surrounding area. He said the site plan would be in full compliance with the Development Order issued to the developer of the shopping center. Page 12 u 11 1 3/22/89 At this time, Attorney Kan called Mr. Ketterer as a Witness to testify as to the security procedures which were questioned at the Planning Commission meeting and about the experience with the business in West Palm Beach. Pauline Walaszek swore Mr. Ketterer in as a Witness. Attorney Kan asked the Witness to state his full name for the record and Mr. Ketterer stated his full name to be Art Ketterer, Attorney Kan asked Mr. Ketterer to state his occupation and Mr. Ketterer said he is a Manager with Pizza Hut, Incorporated. Attorney Kan asked Mr. Ketterer how long he was a Manager with the company and Mr. Ketterer said he has been employed with the company for 16 years and the.last 3 years he has been employed with the delivery section of the company. Attorney Kan asked Mr. Ketterer what areas he was responsible for and Mr. Ketterer said West Palm Beach, Broward and Dade Counties. Attorney Kan asked if the store in Tamarac would be similar to the picture submitted to the City Council of the West Palm Beach store and Mr. Ketterer replied, yes. Attorney Kan asked if there would be less than 25% space available for public use and Mr. Ketterer replied, yes. Attorney Kan asked if there would be on -site consumption and Mr. Ketterer replied, none. At this time, Attorney Kan submitted Exhibit 5 into the record. He said this Exhibit was excerpts from the security procedure adopted by Pizza Hut, Incorporated. He asked Mr. Ketterer to describe the security procedures that were adopted by Pizza Hut, Incorporated and would be endorsed at the Tamarac store. Mr. Ketterer said the security began with selection of the proper people and a training program was provided. He said when the proper people were selected, the policies and procedures were implemented. He said the personnel went through a training program which included matters of safety and security. He said the City Council could review the policies given to the personnel during the training courses. Mr. Ketterer said the applications were thoroughly investigated and all references were contacted. He said a motor vehicle check was made on every applicant and, if the report was not appropriate, the applicant was not hired. Mr. Ketterer said there was a security system within the operation and there was no one allowed on the premises other than those who worked there with the exception of the carry -out customers. He said no loitering or misconduct was allowed around the facility. Attorney Kan asked if all of the policies and procedures were part of the company's policy manual and Mr. Ketterer replied, yes. Page 13 I 3/22/89 TAPE 3 Attorney Kan asked Mr. Ketterer to inform the City Council of the methods in which the policies were enforced and Mr. Ketterer said the policies were issued to the employee at the time of hire and there were a couple of days during the training program that the policies were reviewed. He said any infraction of the policies would result in disciplinary action which included termination. Attorney Kan asked if Mr. Ketterer contacted the City of West Palm Beach Police Department and Broward County Sheriff's Department within the last few days and Mr. Ketterer said he contacted these agencies in February, 1989, and on Monday and Tuesday of this week. Attorney Kan asked why Mr. Ketterer contacted these agencies and Mr. Ketterer said to find out if there were any complaints on the units operating in the West Palm Beach area. Attorney Kan asked where the units were located and Mr. Ketterer said the units were located in Lake Park and West Palm Beach. Attorney Kan asked how long the units were in operation and Mr. Ketterer said the units were in operation for a little over one year. Attorney Kan asked what the reports indicated by the agencies and Mr. Ketterer said the agencies indicated that there were no complaints against the two units during the times of operation. Attorney Kan asked if the City Council had any questions of the Witness and there were none. City Attorney Doody said the issue before the City Council was for a special exception which was different from a rezoning request. He said the zoning on the property is B-1 and the City Code provided three conditions on a restaurant take --out use in a B-1 zoning District which are: 1) that the establishment be at least 100--feet from the nearest residential property line, 2) there must be prior approval of the means and method of waste collection by the City Council and, 3) a plan for control, reduction or elimination of offensive odors should be submitted with the application for special exception. City Attorney Doody said the City Council should make their decisions based on whether or not a proper method of waste collection was submitted and approved by the City and whether or not a plan for control or reduction of odors was considered. City Attorney Doody read a Section of a Case as follows: "There is a distinction between seeking a rezoning and seeking a special exception. The law is somewhat different in considerations. In rezoning, the burden is upon the developer to clearly establish his right to the rezoning. In the case of a special exception where the developer has otherwise complied with those conditions set forth in the zoning code, the burden was upon the zoning authority to demonstrate by competent and substantial evidence that the special exception is adverse to the public interest." Page 14 1 J 11 3/22/89 City*Attorney Doody said this essentially meant that the testimony heard today should be'limited to the two issues set out in the City Code. He said the City Council's decision to either approve or deny the special exception should be limited solely to the two issues. He said the City Council should bear in mind that the zoning on the property is B-1 and the use was permitted providing the conditions of operation concerning the odors and waste control were addressed. Attorney Kan referred to a recent Case, "Dade County versus Fueller". He said this Case clearly setforth that, "a special exception is by definition a permissible use within the zone and the use is, as it were presumptuously permissible, and may be denied only if presumption and propriety was overcome." Attorney Kan said the two additional criteria must be established by the applicant and the Court stated: "The inclusion of the particular use of one which is permitted is tandem on to the legislative already finding that the prescribed use is one which is in harmony with the other uses permitted in the District and which must be granted providing the conditions are met as specified." Attorney Kan said he believed that the testimony heard today, the Exhibits submitted and the recommendations of the Planning Commission and staff fully establish that the criteria was met under the City Codes. He asked that he be allowed a five minute rebuttal after each speaker. Mayor Abramowitz said the Agenda was very lengthy and this request would be decided after the speakers make their comments. Mayor Abramowitz thanked Attorney Kan for presenting his case and Attorney Kan thanked the City Council for postponing the Hearing so he could go on a Mission to Israel last month. Mayor Abramowitz Opened the Public Hearing. Burt Schneider, Resident at 8016 NW 72 Street and President of the Woodmont Property Owners Association, said he was representing over 3,000 Homeowners and residents in Woodmont. He said the residents were more than 100-feet away from the property; however, it definitely affected the residents' lifestyle. Mr. Schneider said the City Attorney indicated that the two points in question were odor and trash collection; however, there was a potential hazard in having a hangout and the City Council would be compounding the felony by having the purchase being only of whole pizzas because it would allow an even longer time for the people to consume the pizzas in the parking lot along with beer which could be purchased from the Farm Store next door. Mr. Schneider said there would be no control by the business of the people when they left the facility and went into the store next door and bought beer. He said the people could sit and have a party in the parking lot and decide that there was a potential victim in the parking lot of Concord Village that they could mug. He said the people could plan to invade the privacy of the homes in Woodmont. Page 15 3/22/89 Mr. Schneider said he was very sorry that these concerns were not being considered with this request. He said oil cooking emitted very little odor; however, the garlic and tomato sauce was very pungent. He said the applicant gave a presentation about oil and the residents were interested in the smell of tomato sauce and garlic cooking which would invade the homes. Mr. Schneider said trash removal should be 7 days a week as opposed to 6 days a week because the business would be operating 7 days a week. He asked what would occur during the one day that the trash was not collected. Mr. Schneider said the residents had a right to peace and tranquility and the new Pizza Hut establishment would evade this right. He asked that the City Council deny this request. Ben Chicofsky, Resident of Concord Village, said he represented Concord Village and opposed the Pizza -Hut facility across the street from Concord Village. He said a few years ago the City Council denied a request to have a Mangolian Barbecue Restaurant beside Concord Village. Mr. Chicofsky said the Attorney for the Petitioner presented Witnesses and security procedures. He had concerns with why security was an issue and he asked if trouble was expected. He said the take-out and delivery establishments were boisterous, created hangouts to late hours of the night which resulted in disturbances, littering and loitering. Mr. Chicofsky said he knew of these matters because he was involved with business for take-out and delivery facilities for over 35 years. He said he was speaking from experience. He said there were other areas that Pizza Hut could locate their business instead of in the middle of a residential area. Mr. Chicofsky said the City of Tamarac was very beautiful and the residents invested a lot of money in their condominiums and homes. He said the property values would go down if the business was allowed and he asked that the City Council deny this request. Sam Schwartz, Resident of Concord Village, said the City received petitions and letters from various Condominium and Homeowner Associations objecting to this business. He said the areas surrounding the development were adult communities and the traffic and disturbances caused by this type of business would not be a benefit to the residents. He said the business would not profit in serving the surrounding residents because the residents would not patronize the business. Mr. Schwartz said the application also indicated that the business would also be serving related Italian products. He said the presentation did not include the other products served by the business. He had concerns with the drivers of the business being properly licensed and insured. He asked the City Council to deny the request even though the Planning Commission approved the request on legal technicalities. He said the City Council should be concerned about the health and welfare of the residents. Page 16 1 1 3/22/89 Joseph Padwa, Resident of Concord Village, said the surrounding Cities enforced their Building and zoning Codes which posed a challenge to each developer. He suggested that the City Council deny this request to allow a more beautiful City. Bernard Hart, Resident, had concerns regarding the number of cars needed for the delivery. He said there would be numerous cars and trucks entering and exiting the site for delivery purposes. He asked trucks would be parked especially where the cars and overnight. Mr. Hart said the City Council should consider the need for this special exception or would it hurt the businesses presently existing in the City. He said there were presently 12 areas in the City that delivered pizza which poses the question as to the need of this special exception. Anthony Grimaldi, Chairman of the Planning Commission and Resident, said when the request came before the Planning Commission the entire matter was reviewed. He said the Planning Commission requested that the business be for pizzas only. He said the City of Tamarac had a lot of shopping centers and malls and there were a lot of empty stores. Mr. Grimaldi said the business was National and was willing to serve the City of Tamarac. He said most of the products that had an odor were consumed by the residents such as chinese and fish products. He said the surrounding Cities had stores that were doing business with a demand from residential homes. He said the City would not progress if they stood still and chased people out. He said there were 2,400 families in his area that like pizzas and this matter did not pertain to Concord Village only. Mr. Grimaldi said the Planning Commission represented every resident in Tamarac and each resident would like to have things that they could not get in other places. He said there has never been problems with the other take-out and delivery businesses in the City. Richard Bell, Resident at 8004 NW 83 Street, had concerns with the vehicular traffic that would be created because of the restaurant. He said there were plenty of other sensible places for the restaurant to be located such as Midway Plaza, etc., which was not on the border of residential communities. Mr. Bell said the odors of garlic 24 hours a day was not pleasant and he asked that the City Council deny this request. Sam Schwartz, Resident, said Mr. Grimaldi lived in an area that had approximately 4 pizza facilities and he did not believe that Mr. Grimaldi would use this restaurant for his pizzas. He said another pizza facility was not needed. Mayor Abramowitz Closed the Public Hearing with no further response. Mayor Abramowitz said every Department in the City was bound to follow the law. He said the City Council had to make the decision regardless of whether it was right or wrong, popular or unpopular. He said he did not want the Page 17 3/22/89 residents to think that the Planning Commission was remiss because the Planning Commission would be in violation if they did not follow the law. He said Community Development would be remiss if they did not follow the City Codes. He said whatever decisions were made, they were made by the City Council and not the City's staff. C/M Rohr asked if there were any other businesses within a few blocks of the proposed site that used propane gas. Mrs. Carpenter -Craft said this matter would have to be reviewed with the Building Department because permits were needed for propane tanks. C/M Rohr asked how many other businesses close to residential areas used propane gas and Mrs. Carpenter -Craft said she could not give an answer based on fact; however, restaurants generally used propane gas. She said when there are restaurants abutting residential areas, the likelihood of propane gas in the area was quite high. C/M Rohr asked if the size of the dumpsters was restricted to 2-yards and Mrs. Carpenter -Craft said the applicant had to work with the waste provider. She said the business determined the amount of waste produced and the waste hauler informed the business of the type of dumpsters. She said the Community Development Department did not generally question the size of the dumpster designated by the waste provider. She said there were no standards available that would require the type of dumpsters for the sites. C/M Rohr had concerns with the people being restricted to coming and leaving the property. He asked if the people could consume the food whereever they wanted and Mrs. Carpenter -Craft said the matter could be restricted providing there was a determination made by the Police because of a complaint that someone was loitering. She said there was no intent in the application to deny someone from sitting in their car and eating the food. C/M Rohr said he did not want the Police Department using their time to.check pizza parlors. C/M Hoffman said he would be voting on this Item based on what the City Attorney indicated. He said he was not convinced that the odors could be eliminated and that a 6 day pickup would be sufficient; therefore, he would vote against granting the special exception. V/M Bender asked if there were any fees in arrears and City Attorney Doody said the fees were paid this morning. Mayor Abramowitz complimented Attorney Kan for his presentation. He said when he was first married they lived above an Italian Restaurant and the odors were constant. He said the presentation was for burning oil and not other odors; however, Italian cooking was a very good smell. Mayor Abramowitz said there was no way to eliminate the odors coming from the restaurant and, based upon the law, he would be opposed to granting the special exception. Page 18 3/22/89 City Attorney Doody said the City was responsible for showing that substantial competent evidence for the two criteria were not met. He said the burden shifted once the guidelines were met and the City had to present the evidence that the odors and waste collection would not be met. Mayor Abramowitz said his personal observation indicated that the criteria was not met. He thanked the City Attorney and Attorney Kan for keeping the City Council on the right path to make decisions that were proper and legal. Attorney Kan said a Supreme Court in the State of Florida setforth certain guidelines for special exception hearings which indicated that a special exception hearing was not given for the purpose of polling the neighborhood on the question involved but is given to give all interested persons the opportunity to present competent substantial evidence in order for the Board to determine the facts of the matter. He said once the facts were determined it should be based on the evidence presented and not the issues of persons who may appear and give personal opinions. Quoting the Court, Attorney Kan said, "A mere poll of the neighboring landowners does not serve to assist the Board in whether the special exception applied for meets their criteria of the Ordinance in question." Attorney Kan said the only facts in evidence which the City Council has heard was the sworn testimonies of the experts who were qualified and there was documentary evidence presented. He said all other statements from the surrounding neighborhoods were opinions and the Courts did not classify opinions as classified competent substantial evidence. Attorney Kan said the City Attorney indicated that the burden once presented by him shifted to the City and opponents to present competent and substantial evidence that the criteria was not met. He said not one iota of competent substantial evidence was given that would meet the legal criteria under the shifted burden and he requested that the City grant the special exception under the criteria as outlined by the City Attorney. VOTE: ORDINANCES Community Development ALL VOTED NAY 17. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1428 on second reading to vacate a portion of Parcel A-1 Water Retention and Drainage area and a portion of a 20-foot Drainage, Utility and Canal Maintenance Easement for the FAIRFAX project. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1429 on second reading to vacate a portion of Parcel A-2 Water Retention and Drainage area and a portion of a 20-foot Drainage, Utility and Canal Maintenance Easement for the FAIRFAX project. Page 19 3/22/89 SYNOPSIS OF ACTION: ORDINANCE NO. 0--89-11 - PASSED Public Hearing was held. ORDINANCE NO. 0-89-12 - PASSED APPROVED a. and b. on second reading. City Attorney Doody read Temp Ord. #1428 by title. Mrs. Carpenters -Craft said this request was to vacate a portion of the water retention and drainage area and to add additional lands at an alternate location. She said the Petitioner was trying to create additional water frontage lots and was actually increasing the water and retention drainage area in the project. She recommended approval of this Item and she said there were Warranty Deeds in hand for the portions to be dedicated to the City. a. V/M Bender MOVED to APPROVE Temp. Ord. #1428 on second reading, SECONDED by C/M Rohr. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE City Attorney Doody read Temp Ord. #1429 by title. V/M Bender MOVED to APPROVE Temp Ord. #1429 on second reading, SECONDED by C/M Rohr. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 18. PUBLIC HEARING •- MOTION TO ADOPT Temp_ Ord. #1420 on second reads g to amen Arti le I of Sect�.on 28-1 of the Code to provide for an amended definition of the term "family". SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-13 -- PASSED Puelic Hear g-was held. APPROVED on second reading. City Attorney Doody read TeTe_-mp• Ord. #1420 by title. * C/M Hoffman MOVED to APPROVE Temp Ord. #1420 on second reading, * SECONDED by V/M Bender. City Attorney Doody said this Ordinance amended the definition of "Family" to provide that no more than 3 unrelated people would live together. He said it provided that anyone who resided at the order of a Court or Foster Home licensed by the Health Rehabilitation Services would comply with the definition. City Attorney Doody said the City Council contained a letter from the American Civil Liberties Union in their backup. He said the letter indicated the American Civil Liberties union's position. City Attorney Doody said in 1972, the Florida Supreme Court approved the Case of "Village of Belle Terre versus Boraas" which upheld an Ordinance which was substantially similar to the proposed Ordinance. He said the position of the American Civil Liberties Union agreed that the Ordinance would probably withstand scrutiny in the Federal Courts and was anticipating that under the State of Florida's Constitution a Court would strict it down. Page 20 IJ 1 1 3/22/89 City Attorney Doody said both his Office and the American Civil Liberties Union would have to speculate about this matter because the Florida Law has not addressed this issue. He said based on the existing Case Law and the Federal Case Law, the proposed Ordinance was Constitutional. C/M Hoffman said the American Civil Liberties Union based their objection on the right of privacy. He said there was nothing denying persons privacy by passing an Ordinance restricting a commune type of occupancy in a single-family residence. C/M Hoffman said he received a copy of the Federal Register dated January 23, 1989, submitted by the Department of Housing and Community Development. He read from Section 100.10 as follows: "That nothing in this regulation limited the applicability of any reasonable local, State or Federal restrictions on the maximum of occupants permitted to occupy a dwelling unit." TAPE 4 C/M Hoffman said the Federal Government recently recognized the right of a locality to put reasonable restrictions on occupancy. He said this Ordinance was step one in a two step situation and he originally requested that an Ordinance be provided that would require obtaining Occupational Licenses for people that wished to rent one -family residences. He said there was such an Ordinance on the Books for multi -dwelling residences and, by engaging in renting, it should be considered as a business and should be licensed as any other business in the City. C/M Hoffman said the City Attorney recommended that before an Ordinance was drafted requiring a license for renting a definition of one -family dwelling be established. He said this Ordinance gave this definition and there was nothing in the American Civil Liberties Union's objections that were of legal worthiness. He said he respected the opinions of the American Civil Liberties Union; however, the City had an obligation to protect the integrity and land values of the Communities. C/M Hoffman said there was once a family in California who were named the "Manson Family" and he did not want to see this type of family in the City of Tamarac; therefore, this type of Ordinance would protect the Communities from abuse and over use of the facilities. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE INTRODUCTION 1. PRESENTATION by City Manager Kelly of employee service awards to the following: Irene Adams (20 years) Community Development Ruth Russo (10 years) Community Development Erma Nahi (10 years) Police Department Nicholas Marazo (10 years) Police Department Phyllis Polikoff (10 years) Personnel Department Page 21 3/22/89 SYNOPSIS OF ACTION: PRESENTATIONS were made. City Manager Kelly said there was 60 years of service provided to the City being presented at this time. He then presented awards to Phyllis Polikoff, Nicholas Marazo, Erma Nahi, Ruth Russo and Irene Adams. City Manager Kelly said the employees were holding a luncheon in honor of Irene Adams this afternoon at 12:00 P.M., at the Baystreet Restaurant. 3. PRESENTATION by Mayor Abramowitz of a proclamation esignatrng April 7, 1989, as "CONTINENTAL CABLEVISION DAY". SYNOPSIS OF ACTION: DESIGNATED pril 7, 1989, as "Continental Cablevision Day". Presentation would be made at a later date. Mayor Abramowitz announced that the Representative for Continental Cablevision had another appointment and had to leave. City Attorney Doody suggested that the City Council designate April 7, 1989, as "Continental Cablevision Day" and the proclamation be presented at a later date. Mayor Abramowitz read the proclamation into the record. CONSENT AGENDA - ITEM 4 a. through Building Department 4. a. MOTION TO ADOPT Te- 2. Reso. #5347 releasing Performance Bond #120988-in the amount of $68,037.00 posted to guarantee the installation of landscaping and irrigation at the NATIONAL SAFETY COUNCIL project. SYNOPSIS OF ACTION: RESOLUTION NO. R-89--64 -- PASSED APPROVED. b. MOTION TO ADOPT Te^ mp. Reso. #5348 releasing a cash performance boffin the amount of $3,000.00 to guarantee installation of the irrigation system at THE LANDINGS ON CYPRESS GREENS, Building #16 (890213). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-65 - PASSED APPROVED. City Clerk c. MOTION TO APPROVE the minutes of the following City Counci meetings: 1. 2/08/89 - Regular Meeting 2. 2/22/89 - Regular Meeting 3. 2/27/89 -- Special Meeting SYNOPSIS OF ACTION: APPROVED. d. MOTION TO ADOPT Temp. Reso. #5349 approving renewal of three sign a vers for KINGS POINT pertaining to number, size and location of Community directional signs for a period of one year from 3/23/89. Page 22 3/22/89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-66 - PASSED APPROVED. Finance Department e. MOTION TO ADOPT Temp. Reso. #5335 requesting that the Florida Legislature pass laws providing sources of funding for the recent amendments to Chapter 121, Florida Statutes, and for the implementation of Chapter 163, Florida Statutes, and to pursue an amendment to the Constitution of the State of Florida that requires that any future legislation mandating action by a unit of local government, when such action places a financial burden on the unit of local government, will provide a source of funding sufficient to cover the costs of such action without the requirement for a referendum by the unit of local government. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-67 - PASSED APPROVED. Utilities/En%sneering f. MOTION TO ADOPT Temp. Reso. #5297 releasing warranty o�nd #W003T3-71-n the amount of $91,182.90 posted for public improvements at TAMARAC SQUARE WEST (tabled on 1/25/89). SYNOPSIS OF ACTION: APPROVED, RESOLUTION NO. R-89-68 - PASSED g. MOTION TO ADOPT Temp. Reso. #5359 approving and authorizing the sale oY lected surplus Tamarac Utilities scrap materials to J & B Salvage in the amount of $112.57. CA SIS OF ACTION: RESOLUTION NO. R-89--69 - PASSED PPROVED. C/M Hoffman MOVED to APPROVE Consent Agenda, Item 4, a. through go * SECONDED by V/M Bender, VOTE: ALL VOTED AYE OPEN PUBLIC FORUM 5. OPEN PUBLIC FORUM Irving Katz, Resident of Lakes of Carriage Hills, said the City Council and City Manager indicated that there may be a Referendum in the future regarding funding for street lighting. He asked how the City would educate the residents as to the need of street lighting because there were several areas that did not vote during the past election. Mayor Abramowitz said he wanted to present the matter regarding street lighting to the public when there were facts available such as the needs and costs. He said the City Manager and staff were working feverishly to get this information and the information would be brought to the public in every public relations program available. Mr. Katz said there was a need for meetings and seminars to educate and get the people to vote. Page 23 3/22/89 6. CITY COUNCIL REPORTS C/M Hoffman said he would like to defer his report to the City Manager. V/M Bender - No report. C/R Rohr - No report. Mayor Abramowitz reported that there was a Bill recently passed in Broward County and he read it into the record as follows: "Bills 316.183 and 316.189, If the City's request and only on City streets, if the City requested, the City could request of the County that they do a survey to lower the speed limit to 25 MPH." Mayor Abramowitz said on his street by his home the speed limit was 35 MPH and the localities could request that Broward County lower the speed limits on City streets. Mayor Abramowitz said there was concern about liability and Broward County may honor the request to lower the speed limit with no liability to the Cities. He said the City Attorney was working very hard on this matter and when further information was available he would inform the residents. 7. CITY MANAGER REPORT The City Manager reported the following: 21. MOTION TO APPROVE the rejection of all bids received under Bid 89-16, Tamarac Sports Complex - Phase I, and AUTHORIZATION to negotiate with the lowest bidder. SYNOPSIS OF ACTION: AGENDIZED by consent. APPROVED. City Manager Kelly said the bid received for the Tamarac Sports Complex project was over the estimate and he asked that the City Council reject all the bids and authorize a Negotiating Committee to negotiate with the lowest bidder. * C/M Hoffman MOVED to REJECT all the bids received for Bid * 89--16, Tamarac Sports Complex - Phase I, and to AUTHORIZE * negotiations with the lowest bidder, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 22. MOTION TO APPOINT Councilman Henry Rohr as the Voting Delegate and Mayor Norman Abramowitz as the Alternate to the Broward County League of Cities. SYNOPSIS OF ACTION: AGENDIZED�By consent. APPROVED. City Manager Kelly said he received communications from the Broward County League of Cities regarding the Voting Delegates selection by April 1, 1989. Page 24 3/22/89 At this time, Mayor Abramowitz gave the gavel to V/M Bender. * Mayor Abramowitz NOMINATED C/M Rohr as the Voting Delegate for * the Broward County League of Cities, SECONDED by C/M Hoffman. 1 VOTE: ALL VOTED AYE At this time, V/M Bender gave the gavel back to Mayor Abramowitz. C/M Rohr NOMINATED Mayor Abramowitz as the Alternate for the Broward County League of Cities, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Manager Kelly said the City of Tamarac was participating in the March of Dimes Walk on April 1, 1989, in Fort Lauderdale and the City challenged the City of Hollywood that the City of Tamarac would have the most participants and collect the most money. City Manager Kelly said anyone interested in participating should contact Dina McDermott, Assistant to the City Manager, for the necessary forms. 8. CITY ATTORNEY REPORT City Attorney Doody said the Florida Power and light proposed transmission line would pass through a number of Counties and skirt the borders of Tamarac, Coral Springs, Davie and other Cities in Broward County. He said he had informal discussions with other City Attorneys in western Broward County affected by the proposed transmission lines. He said he was trying to coordinate with the other Cities a united effort to oppose the line. City Attorney Doody said the opposition would require pooling resources and possibly hiring outside consultants to present a united front to avoid the Cities opposing in different directions. He said he received favorable responses to this suggestion and he would inform the City Council of the progress on the issue. Referring to the Tamarac Sports Complex, C/M Hoffman said the bids that were required were specified for all ballfields with lighting; however, he would like specifications for tennis courts included in the negotiations. He said there was a need for tennis courts for the middle-aged citizens of the City. Mayor Abramowitz said there were -several Articles in the newspapers regarding the proposed Florida Power & Light transmission lines. He said during the Northwest Regional Mayors' Council meeting regarding this matter he exchanged his concerns with Senator McPhearson. He said he was very upset when Senator McPhearson indicated that a bird and worm were more important and he would make sure that the transmission lines were around the people as opposed to the animals. Mayor Abramowitz said since their conversation Senator McPhearson changed his mind. He said he and the City Manager Kelly had a very long meeting with the Counsel of Page 25 3/22/89 Florida Power & Light which was very good. He said the Counsel promised them everything except that they would not erect the transmission lines through Tamarac. Mayor Abramowitz said the City of Tamarac was being used twice in this matter because not only a transmission line would be coming through the City but the Substation would be located there as well. He said he would not be giving up on the fight to have Florida Power & Light erect their transmission lines elsewhere. Mayor Abramowitz said that the Cities the City Attorney was indicating expend money for a lobbyist who was familiar with Tallahassee and could fight this matter. He said the Cities had to unite and fight this matter together otherwise the transmission lines would be erected. At 11:55 A.M., Mayor Abramowitz RECESSED the meeting and RECONVENED at 1:30 P.M. with ALL PRESENT except C/M Rohr. CONSIDERATIONS Community Development 9. MOTION TO APPROVE a model sales facility and waiver of the 300-foot distance requirement for issuance of certifi- cates of occupancy for SPRINGLAKE II (Westlake Villas) for a six-month period from 3/22/89 to 9/22/89. SYNOPSIS OF ACTION: APPROVED. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender. VOTE: ALL VOTED AYE RESOLUTIONS Community Development 12. MOTION TO ADOPT Temp.- Reso. #5357 approving a site plan for BANK reflecting an aTd ion to the building, renovation of the building and a new drive-in facility (located at the southeast corner of Commercial Boulevard and NW 38 Terrace). SYNOPSIS OF ACTION: RESOLUTION NO. R--89-70 - PASSED APPROVED subject to no building permits being issued until the plat is recorded. City Attorney Doody read Temp. Reso. #5357 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5357, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the site plan reflected an addition to the existing building allowing the applicant to renovate the entire building and add a drive in facility on NW 49 Street which is west of the existing building. She said the plat approved by the City Council in September, 1988, was yet to be recorded. She said there was a request to waive the landscaping requirement to 10-feet along Commercial Boulevard which Page 26 3/22/89 was consistent with the property to the east. She said staff approved the plan subject to all of the conditions being met and that no building permits be issued until the plat was recorded. VOTE: ALL VOTED AYE 13. MOTION TO ADOPT Tempt Reso. #5358 transferring a special use exception concerning a chicken carry -out restaurant from "The Rotisserie" located in Bay 16 of MIDWAY PLAZA to Dennis Stein d/b/a "Pick -a -Chick". SYNOPSIS OF ACTION: RESOLUTION NO. R-89-71 - PASSED APPROVED. City'Attorney Doody read Temp. Reso. #5358 by title. * V/M Bender MOVED to APPROVE Temp,_Reso. #5358, SECONDED by * C/M Hoffman. Mrs. Carpenter -Craft said this request was being made because of a change of ownership and the same use would apply. VOTE: General Administrative ALL VOTED AYE 10. MOTION TO APPROVE the City Manager's appointment of Dale Len as cHief Building Official/Director of Building Department. SYNOPSIS OF ACTION: APPROVED. C/M Hoffman MOVED to APPROVE this appointment, SECONDED by V/M Bender. City Manager Kelly said when the previous Building Official retired, he selected Dale Lee to be the Interim Acting Director for the Building Department. He said Mr. Lee has done an admirable job in Supervising the Building Department and he recommended approval of this appointment. He said Mr. Lee's title would be the Chief Building Official/Director of Building Department. Mayor Abramowitz congratulated Dale Lee. VOTE: Utilities/Engineering ALL VOTED AYE 11. a. MOTION TO APPROVE Addendum #24 to the engineering agreement with Hazen and Sawyer to prepare contract documents for TUW Project #88-9, New Raw Water Supply Wells #14 and #15, and to provide limited services during construction in an amount not to exceed $21,700.00. b. MOTION TO APPROVE the transfer of $26,000.00 from Water CIAC funds to a new account to fund this project. SYNOPSIS OF ACTION: APPROVED a. and b. * a. C/M Hoffman MOVED to APPROVE Item 11 a., SECONDED by V/M Bender. Page 27 3/22/89 Bob Foy, Director of Utilities/Engineering, said the two raw water wells were needed to handle the future growth and they were identified in the Comprehensive Plan submitted to the State. He said growth was projected by the Community Development Department and he recommended approval. VOTE: ALL VOTED AYE * b. C/M Hoffman MOVED to APPROVE Item 11 b., SECONDED by V/M Bender. Mr. Foy said this request was for a new account to pay for the project. VOTE: ALL VOTED AYE PersonDel De artment 14. MOTION TO ADOPT Tempv. Reso, #5354 relating to reorganization of the Recreation Diision of He Public Works Park and Recreation Department by the elimination of certain positions and the creation of certain other positions within this department. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-72 - PASSED APPROVED. City Attorney Doody read Temp,,. Reso. #5354 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5354, SECONDED by * V/M Bender. City Manager Kelly said the Department would be reorganized with this request. He said there are 5 positions authorized and there were 4 positions existing. He the reorganization would be restructured to provide for 4 positions which would result in an annual savings of approximately $14,000.00 and he recommended approval. Mayor Abramowitz asked if the reorganization would limit the productivity of the Department and City Manager Kelly said this change would not affect the Department and its productivity. VOTE: Utilities/Engineering 13-4 W19YWW0W;F4VD 15. a. MOTION TO ADOPT Temp. Reso.. #5350 awarding Bid 89-4 in the amount of $9,748.00 to Maroone Chevrolet, Inc., for one (1) 1/2 ton compact pickup truck 4X2 for the Utilities Department. b. MOTION TO ADOPT Temp. Reso. #5351 awarding Bid 89-5 in the amount of $9,748.00 to Maroone Chevrolet, Inc., for one (1) 1/2 ton compact pickup truck 4X2 for the Utilities Department. c. MOTION TO ADOPT Tem Reso. #5352 awarding Bid 89-6 in the amount of 26,066.66 to Ed Morse Chevrolet, Inc., for one (1) single axle dump truck (5 yards) for the Utilities Department. d. MOTION TO ADOPT Temp. Reso. #5353 awarding Bid 89-7 xn the amount of $20,243.24 to Ed Morse Chevrolet, Inc., for one (1) 1 ton cutaway van for the Utilities Department. Page 28 3/22/89 SYNOPSIS OF ACTION: APPROVED a., b., C. and d. RESOLUTION NO. R-89-73 - PASSED RESOLUTION NO. R-89-74 - PASSED RESOLUTION NO, R-89-75 - PASSED RESOLUTION NO. R-89-76 - PASSED City Attorney Doody read Temp. Reso. #5350 by title. * a. V/M Bender MOVED to APPROVE Temp. Reso. #5350, SECONDED by * C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said this request was to replace a 1982 Datsun pickup truck used and needed by the water distribution crew. He said the existing truck had over 101,000 miles on it and was constantly needing repair. He said staff and the Fleet Maintenance Department recommend that this Item be approved. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5351 by title. * b. C/M Hoffman MOVED to APPROVE Temp Reso. #5351, SECONDED by * V/M Bender. Mr. Foy said this request was to replace an existing 1981 Dodge Ram truck that has over 115,000 miles. He said the floor was rusted out and the clutch constantly needed repairs on the existing vehicle and he recommended approval of this Item. Mayor Abramowitz said he knew that the equipment needed to be replaced. He asked the City Manager to instruct the Department Heads that they were responsible in monitoring the repairs and the causes of those repairs to avoid ill-use of the equipment. VOTE: ALL VOTED AYE City Attorney Doody read Ted_ Reso. #5352 by title. * c. V/M Bender MOVED to APPROVE Temp. Reso. #5352, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp Reso. #5353 by title. * d. V/M Bender MOVED to APPROVE Temp. Reso. #5353, SECONDED by * C/M Hoffman. C/M Hoffman asked if the money was available for this equipment and Mr. Foy replied, yes. V/M Bender asked if the equipment was appropriated in the Budget and Mr. Foy replied, yes. VOTE: ALL VOTED AYE General Administrative 19. MOTION TO ADOPT Temp. Ord. #1431 on first reading creating tie pos ttion' o£ Director of Development Services. SYNOPSIS OF ACTION: APPROVED on first reading. Page 29 3/22/89 TAPE 5 City Attorney Doody read Temp. Ord. #1431 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1431 on first reading SECONDED by C/M Hoffman. City Manager Kelly said he recommended that this position be established which would assist in Code Enforcement. He said this position was proposed to the City Council last year; however, when the previous Director of Utilities/Engineering .resigned, he withdrew the proposal. He said he has been interviewing various applicants for the position and he found Mr. Steven Oxenhandler to be the appropriate person for the job. He said Mr. Oxenhandler was the Assistant Director of the City of Coral Springs and had extensive experience and background in Code Enforcement. City Manager Kelly said Mr. Oxenhandler developed a 3-week In --house and field training program to assist the employees in their responsibilities and present proposals appropriately to the Code Enforcement Board. He said this would also assist in reducing the costs for Counsel. City Manager Kelly said the staff met with Mr. Oxenhandler and everyone was pleased that Mr. Oxenhandler would be filling this position. He said the proposal would not cost any additional funds. He said the position budgeted for the previous Building Official was in the amount of $49,500.00 and has been vacant since October 31, 1989. He said the Director of Development Services would be paid $40,000.00, which would result in an annual savings of approximately $9,500.00. He said there were two Assistant Director positions open, which resulted in a savings of approximately $18,000.00 for the year. City Manager Kelly said this position would have supervision over the permitting process. He said there was a matter this morning which resulted in a problem with coordination of staff because each Department Head involved had no overview over each other's responsibility. He said Mr. Oxenhandler would be able to delegate the necessary steps which would result in a better response time. He recommended approval of this position. ftel10PIF ALL VOTED AYE Mayor Abramowitz said the City Council approved all of the City Manager's recommendations regarding Department Heads and he was very pleased with the choices that City Manager Kelly made. He said the City had a very professional and reliable staff and he wished this position to be as successful as the others. 23. MOTION TO AUTHORIZE the City Attorney to sign the necessary documents to acquire party status in the Florida Power & Light Certification Hearings. SYNOPSIS OF ACTION: APPROVED. City Attorney Doody asked the City Council to Authorize 1 1 1 Page 30 3/22/89 his office to file the necessary documents for the City to acquire party status in the Florida Power & Light Certification Hearings. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE V/M Bender suggested that copies of these documents be sent to the surrounding Cities. ------------------------------------------------------------------ C/M Hoffman suggested that each Condominium and Homeowners Association in the City be sent a copy of Ordinance No. O-89-13. Mayor Abramowitz suggested that the copies of this Ordinance be sent with the notices regarding the City Council Workshop on the Fire Codes and C/M Hoffman said the Homeowners Associations would not receive the notice. He said the copies should be sent out individually. With no further business, Mayor Abramowitz ADJOURNED this meeting at 2:00 P.M. 4144AJ� (L 4Mn.�4 - N N ABRAMOWITZ, MAYOR AROL A. EV NS, CITY CLERK "This public document was promulgated at a cost of $228.00 or $28,50 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 MEET G OE;. v- g City Clerk Page 31