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HomeMy WebLinkAbout1989-04-12 - City Commission Regular Meeting Minutes1 I of T 4 7 U C) F�OR1pP 7525 N.W. 881h AVENUE TAMARAC, FLORIDA 33321.2401 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, APRIL 12 ,. _19 89_ CALL TO ORDER: 7:00 P.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time 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 Mayor Abramowitz of a proclamation designating April 7, 1989, as "CONTINENTAL CABLEVISION DAY" (tabled on 3/22/89). FINAL ACTION• There was not a representative from Continental Cablevision present to accept proclamation. 2. PRESENTATION by Mayor Abramowitz of a proclamation esignating April 23-29, 1989, as "NATIONAL CONSUMERS WEEK". FINAL ACTION: PRESENTATION was made. 3. ANNOUNCEMENT of four (4) positions to be filled by the council and four (4) positions to be filled by the Charter Board on a Redistricting Committee. If anyone is interested in serving on the Redistricting Committee, please contact the City Clerk's office for an application. FINAL ACTION: ANNOUNCEMENT was made. 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 esired, then the item(s) will be removed from the Consent Agenda and will be considered'separately. f Page 1 04/12/89 Building Department 4. a. MOTION TO ADOPT Temp. Reso. #5362 releasing a cash bond in the amount of $9,000.00 posted to guarantee completion of site lighting at UNIVERSITY CLUB APARTMENTS, Permit #87-1257 (880928). FINAL ACTION: APPROVED. RESOLUTION NO. R-89-77 PASSED. b. MOTION TO ADOPT Temp. Reso. #5361 releasing a cash bond in the amount of $1,000.00 posted to guarantee completion of a spa at Lot 44 of WOODMONT TRACT 71, 8316 NW 72 Court, Permit #87-3516 (880925). FINAL ACTION: RESOLUTION NO. R-89-78 PASSED. APPROVED. C. MOTION TO APPROVE refund of a permit fee in the amount of $179.75 to Solar Air, Inc., Permit #88-2846, for Lot 18 of WOODMONT TRACT 50, since the permit was applied for in error. FINAL ACTION: APPROVED. d. MOTION TO ADOPT Temp. Reso. #5378 releasing a performance bond in the amount of $55,302.00 i posted to guarantee completion of landscaping, irrigation and engineering work at BUDGETEL INN, 3800 W. Commercial Boulevard. FINAL ACTION: RESOLUTION NO. R-89--79 PASSED. APPROVED. i City Clerk i i e. MOTION TO APPROVE the minutes of the following City Council meetings: i 1. 2. 3. 4. 5. FINAL ACTION: APPROVED. 3/06/89 -- Special Meeting 3/08/89 - Regular Meeting 3/15/89 - Special Meeting 3/21/89 - Special Meeting 3/22/89 - Regular Meeting f. MOTION TO APPROVE renewal of a model sales permit for WATER PLACE, Building 1, Apartments 109 and 215, for a six-month period from 4/12/89 to 10/12/89. FINAL ACTION: APPROVED. g. MOTION TO APPROVE renewal of a model sales permit for TAMARAC GARDENS #4 in Building 6, Units 104 and 105, and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 4/12/89 to 10/12/89. FINAL ACTION: APPROVED. E k Page 2 04/12/89 1 4. h. MOTION TO APPROVE renewal of the model sales and administrative office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 4/28/89 to 10/28/89. FINAL ACTIONt APPROVED. i. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 4/22/89 to 10/22/89. FINAL ACTION: APPROVED. j. MOTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six-month period from 5/11/89 to 11/11/89. FINAL ACTION: APPROVED. k. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for LAKES OF CARRIAGE HILLS for a six-month period from 5/13/89 to 11/13/89. FINAL ACTION: APPROVED. Community Development 1. MOTION TO ADOPT Temp. Reso. #5373 approving a Spring Fest 189 Street Fair on April 30, 1989, from 9 a.m. to dusk to be conducted by the Tamarac Chamber of Commerce on a portion of NW 57 Street. FINAL ACTION: REMOVED. Personnel/Insurance m. MOTION TO ADOPT Temp. Reso.,.#5.383 increasing the cost of accidental death and dismemberment insurance from $.04 per $1,000 to $.05 per $1,000, representing an additional cost to the City of approximately $1,000 annually. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-80 PASSED. Public Works Department n. MOTION TO ADOPT Temp. Reso. #5379 approving an agreement with The Musicians Exchange to provide a band for the City's Fourth of July event. FINAL ACTION: RESOLUTION NO. R-89-81 PASSED. APPROVED. Page 3 04 /12 /89 Utilities/Engineering 4. o. MOTION TO ADOPT Temp. Reso. #5365 releasing performance Letter of Credit #86536 in the amount of $9,132.00 posted for sidewalk improvements at TAMARAC GARDENS, Parcels K, L and M. FINAL ACTION: APPROVED. RESOLUTION NO. R-89--82 PASSED. P. 1. MOTION TO ADOPT Tem2._Reso._ #5364 accepting a bill of sale for the water distribution and sewage collection system improvements at BARNETT BANK. 2. MOTION TO ADOPT Temp. Reso. #5384 accepting a Tamarac Utilities West Water and Sewer Utility Easement (Parcel C) for the BARNETT BANK project. FINAL ACTION: 4pl - APPROVED. 4p2 - APPROVED. RESOLUTION NO. R-89-83 PASSED. RESOLUTION NO. R-89-84 PASSED. q. MOTION TO APPROVE final payment in the amount of 8,381.30 to Sunshine Painting for completion of Project 88-13, Rehabilitation of Filters 5 and 6. P.O. #44921 FINAL ACTION: APPROVED. r. MOTION TO APPROVE Amendment #1 to the Water and Sewer Developers Agreement for the FAIRFAX II project. FINAL ACTION: 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 CONSIDERATIONS City Council 9. MOTION TO DETERMINE the four (4) consecutive week period during which the City Council will not meet in 1989. FINAL ACTION: City Council will not meet from July 10, 1989 to August 10, 1989. 1 1 1 Page 4 04 /12 /89 General Administrative 10. a. MOTION TO ACCEPT the recommendations of the Competitive Selection Committee for architectural services relating to a landscape and irrigation plan for Nob Hill Road. b. MOTION TO APPOINT a Negotiating Committee for the purpose of negotiating with the firms in accordance with the priority listing of the Competitive Selection Committee for the Nob Hill Road project. The Negotiating Committee will consist of: 1) John Kelly City Manager 2) Kelly Carpenter -Craft Director of Community Development 3) Michael Couzzo Public Works Director 4) Kenneth Burroughs Finance Director c. MOTION TO AUTHORIZE the Negotiating Committee to begin negotiations and prepare a recommendation for City Council approval relating to the Nob Hill Road project. FINAL ACTION: 10a - REMOVED. 10b - REMOVED. 10c -- REMOVED. This project will be done by the City's staff. 11. a. MOTION TO ADOPT Tem . Reso. #5388 establishing a pay plan for the position of D rector of Development Services. b. MOTION TO APPROVE the City Manager's appointment of Steven Oxenhandler as Director of Development Services. FINAL ACTION: RESOLUTION NO. R-89-85 PASSED. lla - Agendized by consent and APPROVED. llb - APPROVED. Public Works Department 12. MOTION TO APPROVE the purchase of one (1) Excel 275, 72-inch riding rotary, 23 HP Kohler mower in the amount of $9,249.00 from DeBra Turf under State contract in lieu of bidding. FINAL ACTION: APPROVED. RESOLUTIONS Building Department 13. MOTION TO ADOPT Temp. Reso. #5369 eliminating one Assistant Building Official position and creating the position of Chief Plans Examiner in the Building Department. FINAL ACTION: RESOLUTION NO. R-89-86 PASSED. APPROVED. Page 5 04/12/89 14. a. MOTION TO ADOPT Temp. Reso. #5385 granting a waiver to the sign ordinance pertaining to color and logo on a ground sign for STREB'S SEAFOOD AND STEAKHOUSE, 7151 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). b. MOTION TO ADOPT TM . Reso. #5386 granting a waver to the sign ordinance pertaining to color and size of letters on a wall sign for STREB'S SEAFOOD AND STEAKHOUSE, 7151 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). FINAL ACTION: 14a - TABLED until consideration of special exception. 14b -- TABLED until consideration of special exception. City Council 15. M_OTION TO ADOPT Temp.. Reso._#5370 appointing three (3) alternate members to the VETERANS AFFAIRS COMMITTEE. FINAL ACTION: RESOLUTION NO. R--89-87 PASSED. APPROVED. The following were appointed as alternate members: Sarah Hoffman Morris Mednick Irving Schneider 16. MOTION TO ADOPT Temp. Reso. #5371 appointing four (4) regular me ers and two 2 alternate members to the PLANNING COMMISSION. FINAL ACTION: RESOLUTION NO. R-89-88 PASSED. APPROVED, The following were appointed as regular members of the Planning Commission for terms to expire April 15, 1991 David E. Krantz Sam Levine Joseph Stokvis The following was appointed as a regular member of Planning Commission for a term to expire April 15, 1990: Alfred Robbins The following were appointed as alternate members the Planning Commission for terms to expire April 1990: Sidney Fradin Harry Mirin Community Development the of 15, 17. MOTION TO ADOPT Temp. Reso. #5376 approving a site plan and related documents for the FAIRFAX III project. (located north of NW 71 Place between Nob Hill Road and NW 108 Terrace) FINAL ACTION: APPROVED. RESOLUTION NO. R-89-89 PASSED. 18, MOTION TO ADOPT Temp. Reso. #5375 approving a revision to Site Plan 1 for TAMARAC GARDENS reflecting an upgrade in a 24-unit building (no increase in number of units) . (located on the south side of McNab Road between Westwood Boulevard West and Nob Hill Road) FINAL ACTION: APPROVED. RESOLUTION NO. R--89-90 PASSED. 1 Page 6 04/12/89 11 1 19. MOTION TO ADOPT Temp._Reso. #5374 approving a revised site plan for WOODMONT COUNTRY CLUB reflecting a revised parking plan at the golf maintenance area. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-91 PASSED. 20. MOTION TO ADOPT Temp. Reao. #5372 transferring a special use exception permitting a carry --out restaurant from Sondra Millman d/b/a Cosimano Pizza and Pasta to Corey R. Bemis d/b/a Bonkers Pizza, Inc., at 7168 N. University Drive. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-92 PASSED. 21. MOTION TO ADOPT Temp. Reso. #5363 approving release of $80,296.28 of the $95,296.28 cash bond posted for off site improvements for the SPRING ,HOUSE project, with the City retaining $15,000.00 for work yet to be completed. FINAL ACTION: TABLED. Finance Department 22. MOTION TO ADOPT Temp. Reso, #5366 awarding Bid #89-15 in the amount of $1,950.00 to Eastcomp II, Inc., to provide one (1) ACLC 8-way board for the City's mainframe computer system. FINAL ACTION: RESOLUTION NO. R-89-93 PASSED. APPROVED. Fire Department 23. MOTION TO ADOPT Temp. Reso. #5381 authorizing the appropriate City officials to enter into a lease purchase agreement with Emergency One, Inc., for an Emergency One HUSH XLT Pumper at a cost of $248,899.98 (five equal annual payments of $49,776.06 with the first payment on or about 10/1/90). FINAL ACTION: APPROVED. RESOLUTION NO. R-89-94 PASSED. Public Works Department - Recreation Division 24. MOTION TO ADOPT Tem . Reso. #5367 awarding Bid #89-17 to J.J. Kelly Charter Bus Service to provide a commercial bus for adult trips at a cost of $260.00 per bus per trip. FINAL ACTION: RESOLUTION NO. R-89-95 PASSED. APPROVED, subject to receiving proper insurance coverage from J.J. Kelly Charter Bus Service. Utilities/Engineering 25. MOTION TO ADOPT Temp. Reso. #5368 awarding Bid #89-18 in the amount of $49,920.00 to Southeast Landscaping Enterprises, Inc., to cut and remove approximately 415 Australian Pines from the Utility site. FINAL ACTION: TABLED, Page 7 04/12/89 26. MOTION TO ADOPT Temp. Reso. #5380 waiving the bidding requirements and approving an Agreement with Key Controls, Inc., for the purchase of two (2) ten -inch actuator valves for the Treatment. Plant filtration equipment at a total cost of $4,480.00. FINAL ACTION: RESOLUTION NO. R-89-96 PASSED. APPROVED. 27. a. MOTION TO ADOPT Temp. Reso. #5387 accepting the Safe Drinking Water Act Study as prepared by Hazen and Sawyer dated January, 1989. b. MOTION TO AUTHORIZE an increase in the cost of the 23 INS" Accelator from $279,800 to $292,000 to be purchased from Infilco Degremont, Inc. (Council previously approved the expenditure of $279,800 on 3/11/87) - TUW Project 86-14, Water Treatment Plant Expansion. FINAL ACTION: RESOLUTION NO. R-89-97 PASSED. 27a - APPROVED. 27b - TABLED. ORDINANCES PUBLIC HEARINGS - 7:30 P.M. Community Development 28. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Tem . Ord. #1432. Petition #4-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Tem. Ord. #1432 on first reading concerning a request by REIN PROPERTIES, LTD., to rezone lands in the northwest quarter of Land Section 7, approximately 2,200 feet west of Nob Hill Road and 1/2-mile north of Commercial Boulevard, from R-4A (Planned Apartments) and A-1 (Limited Agricultural) to LI-1 (Light Industrial) in accordance with the City of Tamarac Land Use Plan. Petition #4-Z-89. FINAL ACTION: 28a - ACCEPTED Affidavits. 28b - APPROVED on first reading. The second reading and public hearing will be held during a Regular City Council Meeting on April 26, 1989, at 10:00 A.M. General Administrative 29. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1431 on second reading creating the position of Director of Development Services. FINAL ACTION: ORDINANCE NO. 0-89-14 PASSED. APPROVED on second reading. Public hearing was held. AGENDIZED BY CONSENT 30. PRESENTATION by Councilman Rohr of a certificate of merit from the Police Department to Wilfred Rohring. FINAL ACTION: PRESENTATION was made. I 1 I 1 Page 8 04/12/89 The City Council may consider and act upon such other business as may come before it. 1 F-- 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 made 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 9 04/12/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 12, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, April 12, 1989 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance�followe by a Moment of Silent Meditation dedicated to Bejamin Dantzker, President of the City Council of Lauderhill, and Sol Press, of Coconut Creek. PRESENT: ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary INTRODUCTION 2. PRESENTATION by Mayor Abramowitz of a proclamation designating April 23-29, 1989, as "NATIONAL CONSUMERS WEEK". SYNOPSIS OF ACTION: PRESENTED to Irving Lopatey, Chairman of the Consumer Affairs Board. Mayor Abramowitz read the proclamation into the record and presented it Mr. Lopatey. He congratulated the Board on behalf of the City Council for their work for the City. Mr. Lopatey thanked the City Council on behalf of the Consumer Affairs Board and the residents for the recognition. 1. PRESENTATION by Mayor Abramowitz of a proclamation designating April 7, 1989, as "CONTINENTAL CABLEVISION DAY" (tabled on 3/22/89). SYNOPSIS OF ACTION: PRESENTATION was NOT made because no one was present. Mayor Abramowitz asked if anyone was present to receive the proclamation and no one was. He said he would hold this proclamation until a representative was present to accept it. 3. ANNOUNCEMENT of four (4) positions to be filled by the Council and four (4) positions to be filled by the Charter Board on a Redistricting Committee. SYNOPSIS OF ACTION: ANNOUNCEMENT was made. Page 1 4/12/89 Mayor Abramowitz announced that there were four (4) positions to be filled by the Council and four (4) positions to be filled by the Charter&Board on a Redistricting Committee. AGENDIZED BY CONSENT 30. PRESENTATION by Councilman Henry Rohr of a Certificate oT Merit from the Police Department to Wilfred Rohring. SYNOPSIS OF ACTION: PRESENTATION was made. C/M Rohr read the Certificate of Merit into the record and presented it to Mr. Wilfred Rohring. CONSENT AGENDA - ITEM 4, a. through r. Community Development 4. 1. MOTION TO ADOPT Temp Reso. #5373 approving a Spring Fest '89 Street Fair on April 30, 1989,rom 9:00 A.M. to dusk to be conducted by the Tamarac Chamber of Commerce on a portion of NW 57 Street. SYNOPSIS OF ACTION: REMOVED. * C/M Rohr MOVED to REMOVE Item 4, 1., SECONDED by V/M Bender. VOTE: City Clerk ALL VOTED AYE e. MOVED to APPROVE the minutes of the following City Council meetings: 1. 3/06/89 - Special Meeting 2. 3/08/89 - Regular Meeting 3. 3/15/89 - Special Meeting 4. 3/21/89 - Special Meeting 5. 3/22/89 - Regular Meeting SYNOPSIS OF ACTION: APPROVED the above listed Minutes. Minutes of February 21, 1989 City Council Workshop meeting were corrected. C/M Stelzer said the minutes referring to the Florida Power & Light matter at the February 21, 1989 City Council Joint Workshop meeting with the Public Information Board reflected "500,000 KWATT" which should be changed to "500 kilovolts or 500,000 volts". AGENDIZED b CONSENT 11. a. MOTION TO ADOPT Temp. Reso. #5388 establishing a Pay Plan for tasrtian oDirector of Development Services. b. MOTION TO APPROVE the City Manager's appointment of Steven Oxenhandler as Director of Development Services. SYNOPSIS OF ACTION: AGENDIZED 11 a. by Consent. (SEE PAGE 17 for Final Action) Page 2 4/12/89 * V/M Bender MOVED to AGENDIZE Temp Reso. #5388 by Consent, * SECONDED by C/M Rohr. VOTE: ALL VOTED AYE CONSENT AGENDA - ITEM 4, a. through r. Building Department 4. a. MOTION TO ADOPT Temp. Reso. #5362 releasing a cash bond in the amount of $9,000.00 posted to guarantee completion of site lighting at UNIVERSITY CLUB APARTMENTS, Permit #87-1257 (880928). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-77 PASSED b. MOTION TO ADOPT Temp. Reso. #5361 releasing a cash bond in tEie amount of $1,000.00 posted to guarantee completion of a spa at Lot 44 of WOODMONT TRACT 71, 83.16 NW 72 Court, Permit #87-3516 (880925). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-78 - PASSED c. MOTION TO APPROVE refund of a permit in the amount of $179.75 to Solar Air, Inc., Permit #88-2846, for Lot 18 of WOODMONT TRACT 50, since the permit was applied for in error. SYNOPSIS OF ACTION: APPROVED. d. MOTION TO ADOPT Temp. Reso. #5378 releasing a performance bond in the amount of $55,302.00 posted to guarantee completion of landscaping, irrigation and engineering work at BUDGETEL INN, 3800 W Commercial Boulevard. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-79 - PASSED APPROVED. City Clerk e. MOVED to APPROVE the minutes of the following City Council meetings: 1. 3/06/89 - Special Meeting 2. 3/08/89 - Regular Meeting 3. 3/15/89 - Special Meeting 4. 3/21/89 - Special Meeting 5. 3/22/89 - Regular Meeting SYNOPSIS OF ACTION: APPROVED. f. MOTION TO APPROVE renewal of a model sales permit for WATER PLACE, Building 1, Apartments 109 and 215, for a six-month period from 4/12/89 to 10/12/89. SYNOPSIS OF ACTION: APPROVED. g. MOTION TO APPROVE renewal of a model sales permit or TAMARAC GARDENS #4 in Building 6, Units 104 and 105, and a waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month Page 3 4/12/89 period from 4/12/89 to 10/12/89. SYNOPSIS OF ACTION: APPROVED. h. MOTION TO APPROVE renewal of the model sales and adrn nistrative office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 4/28/89 to 10/28/89. SYNOPSIS OF ACTION: APPROVED. i. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 4/22/89 to 10/22/89. SYNOPSIS OF ACTION: APPROVED. j. MOTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six-month period from 5/11/89 to 11/11/89. SYNOPSIS OF ACTION: APPROVED. k. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for LAKES OF CARRIAGE HILLS for a six --month period from 5/13/89 to 11/13/89. SYNOPSIS OF ACTION: APPROVED. Community Development 1. MOTION TO ADOPT Temp. Reso. #5373 approving a Spring Fest 189 Street Fair on April 30, 1989, from 9:00 A.M. to dusk to be conducted by the Tamarac Chamber of Commerce on a portion of NW 57 Street. SYNOPSIS OF ACTION: REMOVED on Page 2. Personnel/Insurance m. MOTION TO ADOPT Temp. Reso. #5383 increasing the cost of accidental death andd dismemberment insurance from $.04 per $1,000.00 to $.05 per $1,000.00, representing an additional cost to the City of approximately $1,000.00 annually. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--89-80 - PASSED Public Works Department n. MOTION TO ADOPT Temp. Reso. #5379 approving an agreement with Musi ans Exchange to provide a band for the City's Fourth of July event. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-81 - PASSED Page 4 4/12/89 JAI E Utilities/Engineering o. MOTION TO ADOPT Temp. Reso. #5365 releasing per- formance Letter of Credit #86536 in the amount of $9,132.00 posted for sidewalk improvements at TAMARAC GARDENS, Parcels K, L and M. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-82 - PASSED p. 1. MOTION TO ADOPT Temp. Reso. #5364 accepting a bill of sale `-for-T- e water dare r bution and sewage collection system improvements at BARNETT BANK. 2. MOTION TO ADOPT Temp. Reso. #5384 accepting a Tamarac Utilities West Water and Sewer Utility Easement (Parcel C) for the BARNETT BANK project. SYNOPSIS OF ACTION: APPROVED 1 and 2. RESOLUTION NO. R-89-83 - PASSED RESOLUTION NO. R-89-84 - PASSED q. MOTION TO APPROVE final payment in the amount of $8,381.30 to Sunshine Painting for completion of Project 88-13, Rehabilitation of Filters 5 and 6. P.O. #44921. SYNOPSIS OF ACTION: APPROVED. r. MOTION TO APPROVE Amendment #1 to the Water and Sewer Developers Agreement for the FAIRFAX II project. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE Consent Agenda Item 4, a. through * r., with the exception of 1., SECONDED by C/M Hoffman. VOTE: OPEN PUBLIC FORUM 5. OPEN PUBLIC FORUM ALL VOTED AYE Vickie Beech, Resident at 9102 NW 67 Court, had concerns regarding recent rumors regarding the Tamarac Police Department becoming a part of the Broward Sheriff's Office (BSO). She said the rumors indicated that this change would occur without being placed on Referendum. She said as a taxpayer, she strongly objected to not being able to vote on the matter. Mayor Abramowitz said he received several telephone calls regarding this matter. He said the conversations indicated there were rumors that the City Council would vote for a Broward Sheriff's Office takeover and the vote was expected to be approved unanimously. Mayor Abramowitz said there was a problem brought to the City Council by City Manager Kelly. He said the City Manager informed the City Council that the development fees generated l million dollars less than expected. He said there was a contract with the Police Department that was $1,890,000.00 more than the previous year which did not include the upcoming contract with the Fraternal Order of Police (FOP) . Page 5 4/12/89 Mayor Abramowitz said the options were discussed; however, to his knowledge, no one on the City Council received information on the matter. He asked the City Manager to submit options to the City Council and the first option was to dramatically reduce the services. He said he was opposed to the services being reduced in any manner. Mayor Abramowitz said he has not heard anything about the Broward Sheriff's Office takeover; however, there were residents informing each other that this matter would be voted upon by the City Council this evening. He said he listened to anything that would be beneficial to the City; however, he has not heard anything about the Broward Sheriff's Office takeover and, if there was anything to report on the matter, the residents would be informed. Mayor Abramowitz said the City Council would not make a decision on anything as important as this without allowing the residents to share their concerns. He asked that the residents learn the facts before making a decision on the matter as opposed to making a decision for political expediency. (SEE PAGE 9 for further discussions) ORDINANCES PUBLIC HEARINGS - 7:30 P.M. Community Development 28. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1432. Petition #4-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1432 on first reading concerning a request by REIN PROPERTIES, LTD., to rezone lands in the northwest quarter of Land Section 7, approximately 2,200 feet west of Nob Hill Road and 1/2-mile north of Commercial Boulevard, from R-4A (Planned Apartments) and A-1 (Limited Agricultural) to LI-1 (Light Industrial) in accordance with the City of Tamarac Land Use Plan. Petition #4-Z-89. SYNOPSIS OF ACTION: Public Hear ni g was held. a. ACCEPTED Affidavits. b. APPROVED on first reading. * a. C/M Rohr MOVED to APPROVE the Affidavits of Publication, * Mailing and Posting for Temp. Ord. #1432, SECONDED by * V/M Bender. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1432 by title. * V/M Bender MOVED to APPROVE Temp Ord. #1432 on first * reading, SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the Findings of Fact for this Item were as follows: Page 6 4/12/89 1. The lands were currently zoned it-4A (Planned Apartments) and A-1 (Limited Agriculture). 2. The lands consisted of approximately 59 acres. 3. The property was located in the north half of Land Section 7, north of the canal and was partially bounded on the west by the Sawgrass Expressway. 4. Both the Tamarac and Broward County Land Use Plan maps designated the property as Industrial. 5. The Planning Commission recommended Approval of the request to rezone the property on March 15, 1989. 6. The Staff recommended Approval of this request in conformance with the Tamarac Land Use Plan. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE General Administrative 29. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1431 on second reading creating the position of Dire for of Development Services. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89--14 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp,_ Ord. #1431 by title. * C/M Rohr MOVED to APPROVE Temp Ord. #1431 on second reading, * SECONDED by V/M Bender. City Manager Kelly said he recommended this position be approved because during his tenure with the City the most frustrating and recurring problems involved the Code Enforcement effort and a fragmented permitting process. He said he recommended a similar proposal to the City Council last year; however, he withdrew the proposal when William Greenwood, previous Director of Utilities/Engineering, resigned. He said he hoped that the position could be filled by Mr. Greenwood because of his skills and expertise. City Manager Kelly said since that time, he was searching for a suitable person for the position and, when he advertised for the Assistant to the City Manager position, he received several applications. He said one of the applications was Steven Oxenhandler; however, Approval of this Item was for establishing the position only. City Manager Kelly said the Chief Building Official's salary for this year was Budgeted at $49,500.00; however, the position was vacant from October 31, 1988 until March, 1989. He said the Director of Development Services would be paid $40,500.00 and he would begin on April 17, 1989. He said for the balance of this Fiscal Year there would be a savings of approximately $22,000.00. City Manager Kelly said there were two Assistant positions in the Building Department; however, the positions were vacant because one of the Assistants became the Director and the other position was Page 7 4/12/89 voluntarily downgraded to a Chief Plans Examiner to allow the person to continue with school. He said the total savings for this Fiscal Year because bf the change was approximately $8,000.00. He strongly recommended that this position be approved. City Manager Kelly said there were many development requests in the City which impacted several Departments. He said the coordination of the permitting process by the developer became very confusing and this position was being made for one person to oversee the problems and assist in expediting the permitting process. He said expediting the process would allow the revenues to be generated which were very much needed. City Manager Kelly said the Code Enforcement problems had to be corrected. He said this position was discussed with the various Departments and it was agreed that the position would save money and time in the future. Mayor Abramowitz Opened the Public Hearing. Vickie Beech, Resident, asked if Kelly Carpenter -Craft, City Planner, would be directing the Community Development Department and City Manager Kelly said Mrs. Carpenter -Craft was the Director of the Community Development Department; however, Mrs. Carpenter -Craft was not directing the Building and Engineering Departments. City Manager Kelly said this position would be overseeing and coordinating the Departmental activities. Irving Katz, Resident of Lakes of Carriage Hills, said he approved of this position; however, the timing was not appropriate if the credibility of the new Department Heads was affected. City Manager Kelly said he had more than full confidence in the Department Heads. He said Dale Lee, Chief Building Official, welcomed this position because the position would be fully responsible for Code Enforcement. He said Mrs. Carpenter -Craft would oversee the activities of the Planning Department because she was the professional Planner. He said Bob Foy, Director of Utilities/Engineering, was very pleased that this position was being created. He said there was a consistent lack of communication between the Departments because of the numerous steps in the permitting process. Anthony Grimaldi, Resident of Sunflower/Heathgate, asked if the duties of the position would include the person visiting the specific areas under consideration and City Manager Kelly replied, yes. Mr. Grimaldi asked who would be supervised by this person and City Manager Kelly said the entire Code Enforcement Department would be this person's responsibility. Mr. Grimaldi said the person should be contacting the people directly on the outside and visiting the areas. City Manager Kelly said this position would entail these responsibilities. Anthony Silvestri, Resident, asked if Mr. Oxenhandler would be sitting as staff with the Planning Commission and City Manager Kelly said Mrs. Carpenter -Craft was Page 8 1 1 4/12/89 1 1 responsible for the Planning process. City Manager Kelly said Mr. Oxenhandler would never challenge the City Planner on her expertise; therefore, the Planning Commission would be working directly with Mrs. Carpenter -Craft. Mayor Abramowitz said this position was being created to assist the flow between the three Departments which was lacking at this time. He said the duties of this position would entail coordination of the Departments. Larry Schneider, Resident of Lakes of Carriage Hills, said he approved of this position and he asked if Mr. Oxenhandler would assist as the City Prosecutor for the Code Enforcement Board. City Manager Kelly said it was the intention that Mr. Oxenhandler would assist in limiting the need for a Prosecutor at every Code Enforcement meeting. TAPE 2 City Attorney Doody said the Administrative process could be done by an Administrative person as opposed to hiring an Attorney. Morris Haber, Resident, suggested that the wage for this position be used to hire another Attorney as opposed to using the Consulting Attorneys which cost the City approximately $160,000.00 this year. City Attorney Doody said the Consulting Attorneys only received $8,000.00 for this year, which was for labor, prosecuting and administrative expenses. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE. ALL VOTED AYE At 7:50 P.M., Mayor Abramowitz RECESSED the meeting and RECONVENED at 8:00 P.M., with ALL PRESENT. PUBLIC FORUM Vickie Ryan, Resident at 5908 Blue Beech Court, read her concerns regarding a Special Tax District in the Woodlands area. She submitted her concerns to the City Attorney and asked that copies be forwarded to the City Council. (SEE ATTACNMENT) Mayor Abramowitz said an official request was made regarding this matter. He said nothing was going to occur until the City Attorney reported to the City Council regarding the legal ramifications of the matter. He said if the City received a legal request, the City Council was duty bound to investigate the matter and come to a determination. He asked the City Attorney to review this matter and report back to the City Council with his findings. Mrs. Ryan asked when she could exspect an answer and City Attorney Doody said he would review the matter as soon as possible. Robert Gutterm an, Resident at 5505 Banyan Lane, asked if the residents could request this matter be passed by the City Council without a majority vote by the residents. Page 9 I 4/12/89 Mayor Abramowitz said a small group of residents could make a request to the. City Council; however, answers could not be given until the City Attorney reviewed the process. Mary Seidel, Resident of Kings Point/Belfort, asked if the City of Tamarac was supposed to comply with the recent water rationing of Broward County. C/M Hoffman said the South Florida Water Management District was requiring a water ration east of Federal Highway; therefore, the City of Tamarac was not required to do so. Mr. Seidel said the residents concerned about their insurance should contact Tom Gallagher's office regarding House Bill 865. Irving Katz, Resident of Lakes of Carriage Hills, said he was very privileged to participate in the Walk -A -Than for the March Of Dimes; however, the City should have assisted the walkers by having water and assistance at each rest point. City Manager Kelly said this matter would be reviewed for next year's walk -a -than. Mel Reinow, Resident at 6305 NW 74 Avenue, Section 15, had concerns with his cable rates being increased and he asked if the City had a contract with the company. City Manager Kelly said the City did not have a contract with the company. C/M Hoffman said the cable company worked on a franchise with the City; however, the Federal Government took away the rights of the Cities to control the rates. He said the company had an exclusive franchise with the City; however, no one asked for a franchise with the City. City Manager Kelly said there were other companies expressing their interest to provide competitive services to the City; however, the services had to be provided throughout the City as opposed to only certain sections. Mayor Abramowitz asked Mr. Reinow what Section he resided in and Mr. Reinow replied, Section 15. Mayor Abramowitz said he understood that this Section was not considered for the contract because there were not enough people interested in receiving services. C/M Stelzer said the reason the Section was not considered was because there were too many people wanting the services. He said there was 80% interested in the service and the cable company did not feel that it would be a benefit to provide an 80% bulk contract. Mayor Abramowitz said he would discuss the possibility in receiving a bulk contract with the appropriate agencies. Sam Pizzarello, Resident at 2914 NW 48 Street, had concerns with the ingress/egress at Tamarac Lakes South. He said it was very dangerous during the hours of 7:30 A.M. to 9:00 A.M. and 4:30 P.M. to 6:00 P.M. He said the residents could not get out of the development and he asked if the City Council could assist the residents with this problem. Page 10 I- I I 4/12/89 Mayor Abramowitz said this request was given to the Department of Transportation and, as soon as the City received an answer on the matter, the residents would be informed. Ben Rossman, Resident at 5731 S. BayBerry Lane and President of the Woodlands Homeowners Association, had concerns with the Safe Neighborhood Act. He asked that copies of the matter referred to by Victoria Ryan be submitted to the Woodlands Homeowners Association. Mr. Rossman said he informed every resident of Section 2 that it was determined that nothing would take place regarding the Safe Neighborhood Act until there was assurance that the majority of the residents of Woodlands were interested in the Safe Neighborhood Act. He said he spent the last year reviewing the Safe Neighborhood Act and there was a criminal problem in Florida. Mr. Rossman had concerns with the construction on the premises located at 5809 Bamboo Circle. He said the permit was for remodeling; however, for two years the eyesore has been reported to the Code Enforcement Department and nothing was done. He asked that the City Council assist in correcting the matter. Mayor Abramowitz asked that Mr. Rossman submit a written letter to the City on this matter and he said Mr. Oxenhandler may be able to assist the residents. Henry Schumann, Resident of Section 9, asked for a report regarding the progress of the Multi -Purpose Complex. Mike Couzzo, Director of Public Works/Parks & Recreation, said the School Board would be acting upon the Agreement with the City tomorrow and as soon as the Agreement was endorsed and sent to the State, the bidding process could begin. Mayor Abramowitz asked how long the Agreement was held by the School Board and Mr. Couzzo said since December, 1988. Morris Haber, Resident of Woodlands, had concerns with the takeover of the Police Department by the Broward Sheriff's Office. He said this matter was voted down three times by the residents and he did not feel that action should be taken by the City Council without a Referendum. Mayor Abramowitz said the rumor was that the matter was to be acted on by the City Council at this meeting. He said if information was received on this matter, the residents would be notified. Mr. Haber asked if the 911 system was installed and City Manager Kelly said the system would be installed on May 15, 1989, at the earliest. Irving Polk, Resident of Kings Point/Belfort, had concerns with the recycling program for the Condominiums. He said he heard there was a system for collecting newspapers; however, it would cost approximately $10,000.00 for the dumpster areas. He asked C/M Rohr to report on this matter. Page 11 4/12/89 TAPE 3 C/M Rohr said on July 1, 1989, the County is mandated to have a recycling program available that would meet 30% reduction in the trash flow; however, this did not mean that the Cities were mandated to have a program. He said the Cities were trying to create a recycling program; however, there were obstacles. C/M Rohr said there were five Cities interested in combining their efforts to create a joint recycling program. He said this matter was still being reviewed and, as soon as there was a solution, the residents would be informed. He said the residential areas were being considered first because those areas were easier. He said each condominium had to be reviewed separately to determine the best program for that specific condominium. C/M Hoffman said he wrote a letter to the County's Resource Recovery Department regarding information about the State's standards. He said the State required that 30% of the trash flow be taken out of the landfill program and the materials be converted to useful matter. He said the County was building two resource recovery plants which would take more than 30% out of the refuse stream. He said he asked the County to inform the City if the requirements would satisfy the State so that the pressures were not so great on the Cities to have a recycling program. REPORTS 6. CITY COUNCIL REPORTS C/M Stelzer suggested that he and V/M Bender be authorized to visit certain areas of the City with dosimeter and measure the emanations. Mayor Abramowitz said it would be illegal for both V/M Bender and C/M Stelzer to do this project together and C/M Stelzer said it would not be illegal because it was not going to be voted on by the City Council. V/M Bender said he already did this type of study and he would submit the information to C/M Stelzer for review. C/M Stelzer said the information did not indicate what homes were in danger and V/M Bender said he would give the report to C/M Stelzer for review. C/M Stelzer said in 1976, the Charter was rewritten and the Charter Board's intent was to be the watchdog of the City Council. He said the Charter Board placed a provision in the Charter that the City could not spend more than $75,000.00 or 2-1/2% of the current Budget. C/M Stelzer said this provision has been used for 12 years. He said in 1983, the rate was changed to 1-1/2% because the Budget increased; however, the rate was changed back to 2-1/28. He said the Charter presently indicated that the City must go to Referendum if 2-1/2% of the "then current Budget" was to be spent on a project. C/M Stelzer said there were two Budgets in the City, one being the General Fund and the other being the Utilities Fund. He said there were questions in the prior years as Page 12 4/12/89 to what the word "Budget" meant. He said there was a Charter Review Committee in May, 1987t, and two members of the Charter Board served on the Committee. C/M Stelzer said it was suggested that "2-1/2% of the General Fund Budget" be specified in the Charter and the members of the Charter Board agreed to this amendment. C/M Stelzer said the City Attorney was asked to research this matter and late Friday, April 7, 1989, he was notified that there would be a Special City Council meeting held on Monday, April 10, 1989, concerning a negotiated contract. He said he was not aware of the contract until the meeting took place and no members of the public were present. C/M Stelzer said the City Attorney was asked to research the matter and the City Attorney reviewed all of the previous Charter Board minutes regarding the matter. He said the City Attorney submitted the Charter Board minutes to him which indicated that the City wanted to include an amendment on the Ballot that the cost to the City should be no more than 2-1/2% of current Budget. He said the Charter Board did not approve this amendment and it was not placed on the Ballot as recommended by the City Council. C/M Stelzer said the Charter Board Chairman indicated that 2-1/2% should be calculated by using all of the Budgets; however, there was no Motion made reflecting this statement. He said the bottom of the Resolution passed for the Amendment indicated that the words, "at a cost to the City" was eliminated from the Charter. He said there was no indication that all of the Budgets would be used in determining the 2-1/2%. C/M Stelzer said the City Attorney gave a recent opinion to the City Council that the City could spend whatever it wanted over 2-1/2% and include the Utilities Budget. He said that opinion meant that the City could spend over 1 million dollars without going to Referendum. C/M Stelzer said the City never included the Utilities Budget for the calculation of 2-1/2%. He said the Code indicated that construction of projects could not be done in phases to sidestep the 2-1/2% limit; however, on Monday, April 10, 1989, four members of the City Council voted to spend over 1 million dollars to build baseball fields at Tamarac Sports Complex. C/M Stelzer said last year the Multi -Purpose Complex was approved by Referendum. He said the Referendum indicated that approximately 1.2 million dollars could be spent on the Multi -Purpose Complex project. He said the contract for the ballfields was approximately $526,000.00 and the project was planned in three phases. C/M Stelzer said the contract was awarded to Man -Con, Inc., for major construction in the amount of $526,000.00; however, the Public Works Department would be spending approximately $380,000.00 for work to be done In-house. He said eventually the total cost would be 1 million dollars and the City has committed themselves to spend approximately 2 million dollars for recreation facilities which was not available in the Recreation Fund. C/M Stelzer said there was a violation of the Charter by Page 13 4/12/89 approving the contract for $526,000.00 without going to Referendum. He said this matter should be investigated further. r Mayor Abramowitz said he never voted to spend over 1 million dollars and C/M Stelzer said he asked Mike Couzzo, Director of Public Works/Parks & Recreation, how much the project would cost. C/M Stelzer said Mr. Couzzo indicated that the project would cost approximately 1 million dollars. Mayor Abramowitz asked C/M Stelzer what amount the City Council voted to spend and C/M Stelzer said he voted Nay on $526,000.00 which was an excess of 2-1/2% of General Fund Budget. C/M Rohr asked City Attorney Doody to comment on this matter because he did not want the residents to think that the City Council was not aware of the facts. City Attorney Doody said he understood the approval at the April. 10, 1989 Special City Council meeting was for $526,000.00. He said he was approached by the City's staff to review the Charter amendment regarding what the Charter required for Referendum. City Attorney Doody said the Charter indicated that if the City was going to spend an excess of 2-1/2% of the then current Budget, a Referendum was required. He said he reviewed the Minutes of the Charter Board which placed this Referendum on the Ballot. He said the Minutes reflected that the Chairman of the Charter Board stated that the City Council requested to add language to the Charter which indicated 2-1/2% of the General Fund. He said the Charter Board voted to override the City Council's request and the language in the Charter at this time stated, "the current Budget". City Attorney Doody said on the basis of this language, he was of the opinion that the Charter was referring to all of the Budgets. He said the language in the Charter was clear and the Charter language would have to be changed in order to get the interpretation being referred to. Mayor Abramowitz said the Charter Board overrode the City Council's request to amend the amendment. C/M Stelzer said "at a cost to the City" was the only thing eliminated from the amendment. City Attorney Doody said he disagreed. He said the language suggested by the City Council was "of the General Fund" and the sentence would have read, "involving a cost to the City of the General Fund in excess of 2-1/2%". C/M Rohr said the City Council was to do work in the best interest of the City. He said he looked at the City's best interest as opposed to the analytical aspect of the language. He said the recent approval was good for the City and was needed in the City. He said when the City Attorney informed the City Council of his legal interpretation, he would listen to the City Attorney's opinion. C/M Rohr - No Report. Page 14 1 1 C 4/12/89 C/M Hoffman asked Kelly Carpenter -Craft, City Planner, to report on the progress of the draft on the Sign Ordinance. Mrs. Carpenter -Craft said the Sign Ordinance was prepared before she became employed with the City. She said she was not in a position to act on policing the Ordinance at this time; however, she suggested that a Workshop meeting be held on the third Wednesday of June, 1989, with the Planning Commission. V/M Bender - No Report. Mayor Abramowitz reported that he just came back from Tallahassee and he met with the Department of Environmental Regulations regarding the Florida Power & Light matter. He said the outcome of the meeting was very good and there was a possibility that the City could receive top legal representation at no cost to the City. He said he would be discussing this matter further with City Attorney Doody. Mayor Abramowitz said he stressed his concern regarding the financial impact to the residents if the Substation was constructed in Land Section 7. He said the tax base of the City would be harmed if the Substation was approved. Mayor Abramowitz said he attended the Broward Appropriations meeting at which the additional $350,000.00 for the Multi -Purpose Complex and $250,000.00 for the Xeri-Scape project were discussed. He said the money was not approved; however, the Items would be on the Agenda. He said the State Representatives indicated that they would work very closely with the City on upcoming projects. Mayor Abramowitz said he discussed matters with Waste Management, Inc., and they asked that the City Manager contact them. 7. CITY MANAGER REPORT City Manager Kelly reported that a Workshop meeting was needed to consider a project review of the Municipal Complex/City Hall, Police Complex and the Public Works Complex. He said he would like the meeting to take place early next week and he would appreciate the City Council's response to the meeting as soon as possible. Mayor Abramowitz suggested that the appropriate advertisement time be given for the residents. City Manager Kelly said the survey included in the recent Tam -A -Gram has generated approximately 100 responses. He said the survey indicated what the residents were concerned about. 8. CITY ATTORNEY REPORT - No Report. CONSIDERATIONS City Council 9. MOTION TO DETERMINE the four (4) consecutive week period during wiich t e C1,ty Council will not meet in 1989. Page 15 4/12/89 SYNOPSIS OF ACTION: The Crty Council DETERMINED vacation to be from July 10, 1989 to August 10, 1989. C/M Hoffman recommended that City Council vacation be from July 10, 1989, to August 10, 1989. He said this would allow the City Council to attend the Fourth of July celebration and enable the City Council to be back in time for the Budget. * C/M Hoffman MOVED to APPROVE the City Council vacation to be * from July 10, 1989, to August 10, 1989, SECONDED by V/M Bender. C/M Stelzer had concerns with there being enough time for the City Council to review the Budget. He said last year, the Utility Budget was not reviewed thoroughly. City Manager Kelly said last year he was responsible for signing the documents regarding the estimated millage rate and he would like the City Council present to review the millage rate before it was sent to the County. He said the City Council would also be able to attend the City's Fourth of July celebration. VOTE: ALL VOTED AYE General Administrative 10. a. MOTION TO ACCEPT the recommendations of the Competitive Selection Committee for architectural services relating to a landscape and irrigation plan for Nob Hill Road. b. MOTION TO APPOINT a Negotiating Committee for the purpose of negotiating with the firms in accordance with the priority listing of the Competitive Selection Committee for the Nob Hill Road project. The Negotiation Committee will consist of: 1) John Kelly 2) Kelly Carpenter -Craft 3) Michael Couzzo 4) Kenneth Burroughs City Manager Director of Community Development Public Works Director Finance Director c. MOTION TO AUTHORIZE the Negotiating Committee to begin neg ra ro atrons and prepare a recommendation for City Council approval relating to the Nob Hill Road project. SYNOPSIS OF ACTION: REMOVED a, b and c. This project will be done by City staff. City Manager Kelly said this project was Budgeted for $50,000.00; however, the staff felt that this project could be done In-house. He recommended that the project not be pursued. * C/M Hoffman MOVED to REMOVE Item 10, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 11. a. MOTION TO ADOPT Temp. Reso. #5388 establishing a Pay Plan Tor the Position of Director of Development Services. b. MOTION TO APPROVE the City Manager's appointment of Steven Oxenha�er as Director of Development Services. Page 16 n J 1 4/12/89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-85 - PASSED AGENDI2ED 11 a., by Consent on Page 2. APPROVED a and b. * * 1 * * 1 1 City Manager Kelly said this Item applied to the pay structure for the position of Director of Development Services. a. C/M Hoffman MOVED to APPROVE Tem . Reso. #5388, SECONDED by V/M Bender. C/M Stelzer asked what the pay rate would be and City Manager Kelly said the starting salary was $40,500.00. City Attorney Doody read Temp. Reso. #5388 by title. VOTE: ALL VOTED AYE b. C/M Hoffman MOVED to APPROVE the appointment, SECONDED by V/M Bender. City Manager Kelly said Steve Oxenhandler holds a Masters Degree in Public Administration, courses in Public Budgeting, Program Revue and Analysis, Research Methods in Performance Management. He said Mr. Oxenhandler's Masters Degree was obtained at Florida Atlantic University and Mr. Oxenhandler was a recipient of the John Mikalow's Scholarship for exceptional achievement in Public Administration at a grade point of 3.9. He said Mr. Oxenhandler's courses included Administrative and Labor Law, Research Methods, Analysis, Productivity Improvement and Public Personnel Administration. He said Mr. Oxenhandler holds a Bachelor of Science Degree from the University of Cincinnati, Ohio, with a Major in Community Services, courses in Accounting and Statistics, Group Dynamics and Computer Systems. He said Mr. Oxenhandler was also a Detective on the Plantation Police Department. He said Mr. Oxenhandler was presently the Director of Administrative Services with the Coral Springs Building Department and he was instrumental in bringing that Department to be the best in Broward County. He said he received favorable recommendations from the City of Coral Springs who expressed their sorrow in losing him. He recommended approval of the appointment. Mayor Abramowitz said if Mr. Oxenhandler's exuberance could be matched 50% by his deeds, the City would be very fortunate. He said the staff was very professional and he was looking forward to the improvements in the areas Mr. Oxenhandler was being positioned for. VOTE: Public Works Department ALL VOTED AYE 12. MOTION TO APPROVE the purchase of one (1) Excel 275, 72- ch riding rotary, 23 HP Kohler mower in the amount of $9,249.00 from DeBra Turf under State contract in lieu of bidding. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Page 17 4/12/89 C/M Hoffman asked what type of lawnmower cost this amount of money and Mike Couzzo, Director of Public Works/Parks & Recreation, said this mower would normally retail for approximately $13,500.00; however, through the State contract the cost would only be $9,249.00. Mr. Couzzo said this type of mower was needed for the parks and road medians which would be used 8 hours a day, five days a week. TAPE 4 RESOLUTIONS Building Department 13. MOTION TO ADOPT Temp. Reso. #5369 eliminating one Ass s ant Bu lz ding Offic al position and creating the position of Chief Plans Examiner in the Building Department. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-86 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5369 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5369, SECONDED by * C/M Hoffman. City Manager Kelly said Bob Kegan, Assistant Building Official, requested a reclassification and would assume the role of Chief Plans Examiner at a salary approximately $1,000.00 less. He said Mr. Kegan was doing this voluntarily so that he could attend additional schooling. VOTE: ALL VOTED AYE 14. a. MOTION TO ADOPT Temp. Reso. #5385 granting a waiver to the sign ordinance pertain ni g to color and logo on a ground sign for STREB'S SEAFOOD AND STEAKHOUSE, 7151 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). b. MOTION TO ADOPT Tem2. Reso. #5386 granting a waiver to the sign ordinance pertain nz g to color and size of letters on a wall sign for STREB'S SEAFOOD AND STEAKHOUSE, 7151 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). SYNOPSIS OF ACTION: TABLED a. and b. a. City Attorney Doody read Temp. Reso. #5385 by title. City Manager Kelly said a special exception was needed on this project and would not be heard until May 10, 1989. He suggested that the matter be Tabled until the special exception was heard. * C/M Rohr MOVED to TABLE Item 14, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Council 15. MOTION TO ADOPT Temp. Reso. #5370 appointing three (3) a ternate mes6—ers to tFee -VETERANS AFFAIRS COMMITTEE. SYNOPSIS OF ACTION: RESOLUTION NO. R--89--87 - PASSED APPROVED. Page 18 4/12/89 L' n 1 City Attorney Doody Bread Te� mp. Reso. #5370 by title. * C/M Hoffman MOVED to APPOINT Sara Hofrfman, Morris Mednick and * Irving Schneider as Alternate Members on the Veterans Affairs * Committee, SECONDED by C/M Rohr. ALL VOTED AYE 16. MOTION TO ADOPT Temp. Reso. #5371 appointing four (4) regular members and two (2) alternate members to the PLANNING COMMISSION. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-88 - PASSED City Attorney Doody read Te�T Reso. #5371 by title. Mayor Abramowitz suggested that nominations be made for the positions. He suggested that a Workshop meeting be called regarding a system for making nominations. City Manager Kelly suggested that the three (3) regular members be appointed first and the following nominations were made: C/M Stelzer - No Nominations. C/M Rohr - Joseph Stokvis C/M Hoffman - David Krantz V/M Bender - Sam Levine Mayor Abramowitz - Irving Katz Mayor Abramowitz asked each Councilmember to vote on three of the nominations. C/M Stelzer - David Krantz Sam Levine Irving Katz C/M Rohr - David Krantz Joseph Stokvis Sam Levine V/M Bender - David Krantz Joseph Stokvis Sam Levine C/M Hoffman - David Krantz Joseph Stokvis Sam Levine Mayor Abramowitz - David Krantz Joseph Stokvis Irving Katz Carol A. Evans, City Clerk, announced the votes to be as follows: David Krantz - 5 - Regular (2 year terms) Joseph Stokvis - 4 - Regular (2 year terms) Sam Levine - 4 - Regular (2 year terms) Irving Katz - 2 ** The following were appointed as regular members of the Planning Commission for terms to expire 4/15/91: David Krantz Joseph Stokvis Sam Levine Page 19 4/12/89 Mayor Abramowitz asked for nominations for the vacancy (1 year term). V/M Bender nominated Alfred Robbins. There were no other nominations. ** Alfred Robbins was appointed as a regular member of the Planning Commission for a term to expire 4/15/9G-. VOTE: ALL VOTED AYE Mayor Abramowitz asked for nominations for the 1 year Alternate positions. C/M Hoffman nominated Harry Mirin. C/M Rohr nominated Sidney Fradin. ** Sidney Fradin and Harry Mirin were appointed as alternate members of the Planning Commission for terms to expire 4/15/10. RIAM95M ALL VOTED AYE City Manager Kelly asked if these nominations would be the only two Alternate positions on the Planning Commission and the City Council AGREED. Community Development 17. MOTION TO ADOPT Temp. Reso. #5376 approving a site plan and related documents o�the FAIRFAX III project. (located north of NW 71 Place between Nob Hill Road and NW 108 Terrace) SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-89 - PASSED City Attorney Doody read Temp. Reso. #5376 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5376, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said the staff reports were prepared prior to the City Council's action on March 22, 1989 which indicated approval subject to vacations and new dedications being approved by the City Council; however, these actions were approved by the City Council on March 22, 1989. She recommended approval of this Item. VOTE: ALL VOTED AYE 18. MOTION TO ADOPT Temp. Reso. #5375 approving a revision to Site a Pln #1 oorgTAMARAC GARDENS reflecting an upgrade in a 24-unit building (no increase in number of units). (located on the south side of McNab Road between Westwood Boulevard West and Nob Hill Road) SYNOPSIS OF ACTION: RESOLUTION NO. R-89-90 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5375 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5375, SECONDED by * C/M Hoffman. VOTE: Page 20 ALL VOTED AYE 1 L.. 1 4/12/89 1 1 19. MOTION TO ADOPT Temp. Reso. #5374 approving a revised site plan for WOODMONT COUNTRY CLUB reflecting a revised parking plan at the golf maintenance area. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-91 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5374 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5374, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the zoning on the property was S-1 and was part of a golf maintenance area for the Golf Club. She said the request was for an employee parking area and a letter was submitted indicating that the maximum number of employees utilizing the lot would be 120; however, 157 parking spaces would be provided. She recommended approval of this Item. VOTE: ALL VOTED AYE 20. MOTION TO ADOPT Temp. Reso. #5372 transferring a special use exceptps nermitting a carry --out restaurant from Sondra Millman d/b/a Cosimano Pizza and Pasta to Corey R. Bemis d/b/a Bonkers Pizza, Inc., at 7168 N. University Drive. SYNOPSIS OF ACTION: RESOLUTION NO. R--89-92 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5372 by title. * V/M Bender MOVED to APPROVE Te� mp. Reso. #5372, SECONDED by * C/M Hoffman. Mrs. Carpenter -Craft said this was a change of ownership and all of the conditions have been met. Vincent Yoder, Representative of Bonker's Pizza, said this process took a very long time. He said the operation was taken over since January 5, 1989, and it cost $838.00 per month for trash pickup; however, there was no trash to pickup. He suggested that the trash pickup not be required until the business opened. VOTE: ALL VOTED AYE 21. MOTION TO ADOPT Te- mp. Reso. #5363 approving release of $80,296.28ofthe $95$95,296.28 casFi bond posted for off site improvements for the SPRING HOUSE project, with the City retaining $15,000.00 for work yet to be completed. SYNOPSIS OF ACTION: TABLED. City Attorney Doody read Temp. Reso. #5363 by title. Mayor Abramowitz asked if one of the parties in this Partnership was in Bankruptcy/Chapter 11. City Attorney Doody said he heard this; however, he could not confirm it. Mayor Abramowitz said he would like the City Attorney to review this matter and report back to the City Council with his findings. Page 21 4/12/89 * C/M Hoffman MOVED to TABLE Temp. Reso. #5363, SECONDED by * C/M Rohr. Scott Fuerst, Attorney for the Applicants, asked how the City Council wanted to discuss the concerns. Mayor Abramowitz suggested that. Attorney Fuerst contact the City Attorney. City Attorney Doody suggested that the City Manager's office be available during the discussions for Administrative concerns. VO T'F. . Finance Department ALL VOTED AYE 22. MOTION TO ADOPT Temp. Reso. #5366 awarding Bid #89-15 in the amount of $1,950.00 to Eastcomp II, Inc., to provide one (1) ACLC 8-way board for the City's mainframe computer system. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-93 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5366 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5366, SECONDED by * V/M Bender. City Manager Kelly said this equipment would expand the capacity of the mainframe computer. He said this Item was placed on the Agenda because two bids were received and he recommended approval. VOTE: Fire Department ALL VOTED AYE 23. MOTION TO ADOPT Temp. Reso. #5381 authorizing the appro-- pr- mate City officials to enter into a lease purchase agreement with Emergency One, Inc., for an Emergency One HUSH XLT Pumper at a cost of $248,899.98 (five equal annual payments of $49,776.06 with the first payment on or about 10/l/90). SYNOPSIS OF ACTION: APPROVED subject to the City Manager and Finance Director reviewing the need of the cost being placed in the current Budget. City Attorney Doody read Temp. Reso. #5381 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5381, SECONDED by * C/M Rohr. C/M Stelzer asked if the verification of the Budget was discussed with the Finance Director and City Manager Kelly replied, yes. City Manager Kelly said he discussed this matter after the Fire Chief presented the Item. Ray Briant, Fire Chief, said the other Cities were purchasing their pumps outright and the City of Tamarac was buying the pumper through a lease/purchase. He said the City of Pompano Beach presently had three lease/purchase agreements with the same company and he recommended approval. Page 22 1 I u 4/12/89 City Manager Kelly said because of the City's financial restrictions this lease/purchase agreement was in the best interest of the City. He said the pumper would be available to the Fire Department; however, payment was not required. until October 1, 1990. City Manager Kelly said the Finance Department expressed concerns regarding the Item being Budgeted in this Fiscal Year even though the funds would not be expended. He said if the Item was not Budgeted this Fiscal Year it would indicate during the Audit Report an over expenditure in the Fire Department even though the funds were not used. He said in order to offset this matter this year's Budget could be Amended by Resolution. He said this process was time consuming with minor expenses and the only thing being accomplished by doing this was delaying the transaction. City Manager Kelly said the Finance Director indicated that the technical way to handle this matter was to allow the Audit to indicate an over expenditure this year even though the funds were not being spent. Mayor Abramowitz said when he first reviewed this matter he was very concerned because of the financial state of the City. He said the Fire Chief reminded him of the fire at Sabal Palm which assisted in his decision that the equipment was needed. He said if the equipment was for the health and safety of the residents it should be purchased. V/M Bender said the documents indicated that there would be 5 equal annual payments of $50,000.00. He said this would be a payout in 5 years and Chief Briant agreed. C/M Stelzer said the first lease payment was due October 1, 1990 and the City had the right to use the pumper until October 1, 1990 without paying any money. He said the lease could be cancelled at any time and he did not understand why the Finance Director wanted the funds placed in the Budget which would increase the ad valorem by 20 cents. He said nothing should be Budgeted for until the 1990/91 Budget and C/M Rohr agreed. Mayor Abramowitz asked the City Manager to review this matter further. VOTE: ALL VOTED AYE Public Works Department - Recreation Division 24. MOTION TO ADOPT Temp. Reso. #5367 awarding Bid #89-17 to J.J. Kelly Charter Bus Service to provide a commercial bus for adult trips at a cost of $260.00 per bus per trip. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-95 - PASSED APPROVED Subject to receiving proper insurance coverage from J.J. Kelly Charter Bus Service. City Attorney Doody read Temp. Reso. #5367 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5367, SECONDED by * C/M Rohr. C/M Rohr asked how large the bus would be and City Manager Kelly said the bus would accommodate 49 people. Page 23 4/12/89 C/M Stelzer asked who paid for the liability for the people on the bus and City Manager Kelly said the insurance should be provided. C/M Stelzer said the information did not indicate this; however, it should be indicated in the contract. City Manager Kelly said this bid was being awarded to a single bidder not a sole bidder; however, the Item went out to bid three times and this bidder was the only one interested. C/M Stelzer said he would approve this Item subject to the Insurance Liability being determined and Mayor Abramowitz agreed. VOTE: Utilities/Engineering ALL VOTED AYE 25. MOTION TO ADOPT Temp. Reso. #5368 awarding Bid #89--18 in the amount of $49,920.00 to Southeast Landscaping Enterprises, Inc., to cut and remove approximately 415 Australian Pines from the Utility site. SYNOPSIS OF ACTION: TABLED for further investigation. City Attorney Doody read Temp. Reso. #5368 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5368, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said two bids were received on this Item and the low bid amounted to $120.00 per tree. He said the trees would be cut to the ground to avoid future costs in cutting the trees. He said the trees had to be eliminated and he recommended approval. Mayor Abramowitz asked why the trees had to be eliminated and Mr. Foy said there were electrical lines in the front and side of the trees. Mr. Foy said the trees could blow over onto the equipment in the plant. Mayor Abramowitz asked if the power line was the respon- sibility _ of Florida Power & Light and Mr. Foy said the plant needed the power line to operate. C/M Stelzer asked who was required to cut the tree away from the power lines and Mr. Foy said Florida Power & Light occasionally cut the trees away from other lines in the City; however, this was never done at the plant. C/M Hoffman asked why the bulldozer of the Public Works Department could not be used to knock down the trees. He said Australian Pines had very shallow roots and Mr. Foy said the trees in the southwest corner of the plant were between the power line and the building, the west boundary line trees were adjacent to a single-family dwelling and the north boundary line trees had buildings and a canal. Mr. Foy said there were other concerns besides eliminating the trees. C/M Hoffman asked if Public Works reviewed this matter and Mr. Foy said the Director of Public Works said the matter could be handled In-house. He said the Page 24 1 1 1 4/12/89 presentation was delayed until the Public Works Department reviewed the matter and it'Was decided that the job was too intense. Mayor Abramowitz asked if it would cost less to have the trees cut by Florida Power & Light and have the project rebid. Mr. Foy said having Florida Power & Light cut some of the trees may make a difference in the price. TAPE 5 C/M Stelzer said he discussed this matter several times with the City Manager and Public Works Director. He said it may cost less if the City invested in a tree shredder as opposed to contracting the project out. City Manager Kelly said the liability of the project was very high and he would recommend that this process be used. * C/M Hoffman MOVED to TABLE Temp. Reso. #5368 for further * investigation, SECONDED by V M Bender. VOTE: ALL VOTED AYE 26. MOTION TO ADOPT Temp. Reso. #5380 waiving the bidding requirements and approving the Agreement with Key Controls, Inc., for the purchase of two (2) ten -inch actuator valves for the Treatment Plant filtration equipment at a total cost of $4,480.00. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-96 - PASSED City Attorney Doody read Tem. Reso. #5380 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5380, SECONDED by * C/M Stelzer. Mr. Foy said this equipment was to maintain the filtration and he recommended approval. VOTE: ALL VOTED AYE 27. a. MOTION TO ADOPT Temp. Reso. #5387 accepting the Safe Orrinking Water Act Study as prepared by Hazen & Sawyer dated January, 1989. b. MOTION TO AUTHORIZE an increase in the cost of the #23 N5 lAccelator from $279,800 to $292,000 to be purchased from Infilco Degremont, Inc. (Council previously approved the expenditure of $279,800 on 3/11/87) - TUW Project 86-14, Water Treatment Plant Expansion. SYnOP5Is OF M ON: RESOLUTION NO. R-89-97 - PASSED a . A. APPROVED.: b. TABLED. a. City Attorney Doody read Temp. Reso. #5387 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5387, SECONDED by * C/M Hoffman. Mr. Foy said the City Council previously gave approval for TUW to proceed with the expansion of the Water Treatment Plant. He said Hazen & Sawyer's study concluded that the installation of the Accelator was the most economical approach. He said the design of the Water Plant expansion was completed and was based on using the Accelator. He said bidding could take place within 4 months on this project providing the City Page 25 4/12/89 Council approved the contract and the necessary steps were taken. He said the funds for the expansion came from CIAC impact fees to expand the Water Treatment Plant. He said the expansion was necessary to provide backup to the existing Accelators and was recognized in the Comprehensive Plan to provide the required additional Water Plant capacity based on projected growth. He recommended approval of this Item so that the expansion of the Plant could begin. VOTE: ALL VOTED AYE b. City Attorney Doody read the title into the record. C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Stelzer. Mr. Foy said in 1983, the City appointed a Negotiating Committee to negotiate a sole source purchase of an 8 million gallon Accelator. He said the bid was $279,800.00 at that time; however, because the bid date was not met, which was March, 1987, the cost of the bid was increased by $12,200.00 for a total of $292,000.00 providing that the contract was honored by September, 1989. He recommended approval of this Item. C/M Hoffman asked if a 6% sales tax could be charged and Mr. Foy said the City paid sales tax when equipment was bought through a contractor. Mayor Abramowitz asked if purchasing the equipment through a contractor was the only available avenue. Mayor Abramowitz asked if there was a possibility of the City buying the equipment and the contractor installing it to avoid the sales tax. Mr. Foy said this could be done; however, there may be problems with the materials which would cost more. City Manager Kelly suggested that this Item be Tabled. C/M Hoffman MOVED to TABLE this Item, SECONDED by V/M Bender. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:35 P.M. _ CAROL A. EVAN S, CITY CLERK "This public document was promulgated at a cost of $204.00 or S25.50 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 APPR VED AT MEETING OF v /C>0 City Clerk Page 26 I ATT c cw0,1, _ ec 0LA R. r r6 . 41i:/s7 D VICTO!iIA RYAN 5908 BLUE BEEiCH TAMARAC, FLORIDA ;3,�-j19C WHAT IS THE INTENTION OF THE CITY FATHERS IF ASKED FOR A SPECIAL TAX DISTRICT IN THE WOODLANDS? I WOULD LIKE TO STATE THAT I AM NOT AN ATTORNEY AND I AM NOT PRESENTING THE FOLLOWING FACTS AS ONE, BUT MERELY AS A PERSON WHO CAN READ AND HAS EXERCISED GOOD COMMON SENSE. I AM SPEAKING FOR MYSELF AND AS PAST PRESIDENT OF THE WOODLANDS SECTION TWO PHASE ONE ASSOCIATION INC. AND AS ONE OF THE MAJORITY OF HOMEOWNERS WHO VOTED AGAINST THE SAFE NEIGHBORHOOD ACT( SPECIAL TAX DISTRICT) ON DEC. 5v 1988. DID THE CITY FATHERS THRU RESOLUTION GIVE WOODLAND HOMEOWNERS ASSOCIATION, INC.(THE) A SSIGNMENT OF LEASE AND ASSIGNMENT OF DECLARATION OF RESTRICTIONS IN 1970? NO DOCUMENTS WERE FOUND TO SUPP07T THAT FACT IN A TITLE SEARCH. I WOULD LIKE THE CITY FATHERS ( MAYOR AND COUNCILMAN) AND THE CITY ATTORNEY TO EXAMINE THE FOLLOWING DOCUMENTS. 1. ON FEB. J,1969 ASSIGNMENT OF LEASE WAS SIGNED BY BERRING PROPERTIES,"INC.ENJOINING THAT CORPORATION AND THE WOODLANDS SECTION TWO, PHASE ONE, OVER TO THE CITY OF TAMARAC. 2. ALSO ON FEB. 39 1969 BERRING PROPERTIES, INC. ENJOINING THAT CORPORATION AND THE WOODLANDS, SECTION TWO, PHASE ONE GA VE ASSIGNMENT OF DECLARATION OF RESTRICTIONS TO THE CITY OF TAMARAC. 3.ON THE SAME DAY FEB. 3,1969 THE CITY OF TAMARAC PASSED A RESOLUTIO4 ## 12-69 AND WAS ADOPTED ON THAT DATE TO ACCEPT ALL OF THE RESERVATIONS AND SERVITUDES CONTAINED IN THAT CERTAII DECLARATIO. OF RESTRICTIONS FOUND IN THE PUBLIC RECORDS OF BROWARD COUNTY FROM SHE WOODLANDS, SECTION TWO, PHASE ONE ASSOCIATION. 4.ON FEB. 2, 1971 THE CITY OF TAMA-AC PASSED AND ADOPTED ANOTHER RESOLUTION # 71-12 GIVING THE HBLIGATIONS, RIGHTS, AND DUTIE TO THE INDIVIDUAL ASSOCIATIONS OR NON. CORPORATIONS CREATED WITHIN THE INDIVIDUAL SECTIONS IN THE CITY OF TAMARAC BEFORE APRIL 1, 1971, 5. PRESUITENT TO THAT RESOLUTION# 71-12 WOODLANDS SECTION TWO, PHASE ONE, ASSOCIATION INC. (THE) FILED CORPORATION PAPERS AUG.16, 1971 ASSUMING ALL ASSIGNMENTS OF LAND LEASE AND ASSIGNMENT OF DECLARATION OF"DEED RESTRICTIONS. 6. OUR CORPORATION IS STILL ACTIVE UP TO DA-fQ. FOR THE RECORD WOODLANDS SECTION TWO PHASE ONE ASSOCIATION INC NOTIF MAYOR ABRAMOWITZ ON 2 OCCASIONS, ONCE IN DEC. 1#084AND AGAIN IN FEB. 1989 THAT THE HOMEOWNERS IN SECTION TWO OVERWHELMINGLY VOTED AGAINST THE SAFE NEIGHBORHOOD ACT( SPECIAL TAX DISTRICT), AND MOST _RECENTLY PETITIONS FROM OUR HOMEOWNERS WERE SENT TO THE MAYOR, THE CITY COUNCILMAN, AND ALL LEGISLATORS OF THE STATE OF FLORIDA, ADDRE- SSING THE SAME PROBLEM. VICTORIA RYAN 5908 BLUE BEECH COURT TAMARAC, FLORIDA 33319 PAGE 2 IN CONCLUSION I FEEL.THAT SINCE IN 1971 THE CITY BESTOWED UPON THE WOODLANDS SECTION TWO PHASE ONE ASSOCIATION INC. ALL OF THE ASSIGNMENT OF LEASE AND ALL OF THE ASSIGNMENT OF THE DECLARATION OF DEED RESTRICTIONS THAT THE CITY FATHERS WHEN DEALING WITH THE MATER OF A SPECIAL TAX DISTRICT OR ANY OTHER MATTERS ENVOLVING OUR ASSOCIATIONS THE CITY FATHERS MUST DEAL DIRECTLY WITH THE ASSOCIATIONS UPON A REQUEST BASIS FROM EACH SECTION ASSOCIATION AND THE GOLF ASSOC. IATION AND NO OTHER REQUESTS. WE IN SECTION TWO HAVE GONE ON RECORD SEVERAL TIMES SAYING WE DO NOT WANT ANY PART OF THE,SAFE NEIGHBORHOOD ACT ( SPECIAL TAX DISTRICT) OR ANY OTHER SPECIAL TAX DISTRICT THE CITY FATHERS OF TAMARAC MAY INTENT TO CREAT. . 1 THEREFORE ANY REQUESTS TO INCLUDE US IN THE BOUNDARIES OF THE WOODLANDS FOR THE PURPOSE OF CREATING A SPECIAL TAX DISTRICT SHOULD BE REJECTED ON THE BASIS OF THE ABOVE FACTS AND MORE THAT SHO#j!p ALSO BE CONSIDERED. I WOULD LIKE A RESPONSE ON MY QUESTIONS AND POSITION FROM THE MAYOR. i'hb CITY COUNCILMAN, AND THE CITY ATTORNEY AS SOON AS POSSIBLE AND HOPEFULLY BEFORE THE NEXT COUNCIL MEETING..