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HomeMy WebLinkAbout1989-04-26 - City Commission Regular Meeting Minutesr- to''I's 7525 NW Bath AVENUE. TAMARAC. FLORICA 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, APRIL 26, 1989 CALL TO ORDER: 9:00 A.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 City Manager Kelly of five-year employee service awards to PHILIP E. FORSBERG and TIMOTHY GLASGOW, Police Department; EDWARD CATALANO, Utilities West; and ANTHONY LABATE, Public Works Department. FINAL ACTION: PRESENTATIONS were made. Edward Catalano was not present. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of May 1-7, 1989, as "NATIONAL DRINKING WATER WEEK". FINAL ACTION: PRESENTATION was made to Bob Foy, City Engineer. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of April 23-29, 1989, as RAOUL WALLENBERG WEEK. FINAL ACTION• PRESENTATION was made to Ziggy Helisek. 4. PRESENTATION by Mayor Abramowitz of a plaque to EMIL BEUTNER in recognition of his contributions while serving as a member of the Planning Commission. FINAL ACTION• PRESENTATION was made. Page 1 04/26/89 CONSENT AGENDA 5. Items listed under Consent Agenda, Item 5, 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. City Clerk a. MOTION TO APPROVE the minutes of the City Council Special Meeting of 3/29✓89. FINAL ACTION: APPROVED. b. 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. Engineering/Utilities C. MOTION TO ADOPT Temp. Reso. #5389 releasing $,476.75 of the $13,327.50 cash bond posted for public improvements at BARNETT BANK, with the City retaining $4,850.75 as a one-year warranty bond. FINAL ACTION: APPROVED. General Administrative RESOLUTION NO. R-89-98 PASSED. d. MOTION TO ADOPT Temp. Reso. #5390 approving an agreement with AT&T Communications, Inc., whereby the City would receive revenues in the amount of 6% of all completed long distance calls on the public telephones on City property. FINAL ACTION: RESOLUTION NO. R-89-99 PASSED. APPROVED with the City Manager executing the agreement. OPEN PUBLIC FORUM 6. 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 7. City Council S. City Manager - Report on Police Department 9. City Attorney 1 1 Page 2 04/26/89 CONSIDERATIONS Finance_ Department Cl 10. MOTION TO APPROVE the transfer of $1,842.00 from Utilities Contingency Account #425-371,588-975 to various Customer Services accounts to provide funding to secure a modular endorser for check deposits. FINAL ACTION: APPROVED. RESOLUTIONS City Council 11. MOTION TO ADOPT Temp. Reso. #53.9.1_ appointing four (4 ) members to the REDISTRICTING COMMITTEE. FINAL ACTION: RESOLUTION NO. R-89-100 PASSED. APPOINTED the following people as regular members: Morton Winter - District 1 Molly Goldstein -- District 2 Abe Garr - District 3 Irving Schneider - District 4 12. MOTION TO ADOPT Temp. Reso. #53.97 appointing one (1) member to the BOARD OF SOCIAL SERVICES. FINAL ACTION: RESOLUTION NO. R-89-101 PASSED. APPOINTED Melvin Eliasberg as a regular member. 13. MOTION TO ADOPT Temp. Reso. #5398 appointing one (1) member to the INVESTMENT ADVISORY BOARD. FINAL ACTION: RESOLUTION NO. R-89-102 PASSED. APPOINTED Jerry Liebowitz as a regular member. Community Development 14. MOTION TO ADOPT Tem . Reso. #5392 approving a revised site plan to the TARGET STORE formerly Richway) reflecting an addition to the garden center at 8399 N. University Drive. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-103 PASSED. i 15. MOTION TO ADOPT Temp. Reso. #5399 transferring a special exception for a restaurant with on --premises consumption of beer and wine from Domenic Palmieri, President, d/b/a Wing City, Inc., to Bao-Ju Wang, President, d/b/a China Jewel, Inc., located at 5435 N. State Road 7. FINAL ACTION: APPROVED. RESOLUTION NO. R-89--104 PASSED. 16. MOTION TO ADOPT Temp. Reso. #5400 transferring a special exception for a restaurant with on -premises consumption of beer and wine from Peter Licata, owner, d/b/a Tags Pizza, to Irving Weinstein, President of Make Me A Match, Inc., d/b/a Tags Pizza, located at 4243 W. Commercial Boulevard (SUNSHINE PLAZA). FINAL ACTION: APPROVED. RESOLUTION NO. R-89-105 PASSED. Page 3 04/26/89 *Revised 5/3/89 Engineering/Utilities 17. MOTION TO ADOPT Temp. Reso. #5393 awarding Bid #89--19 in t e amount of $2,637.00 to Broward Frame and Body, Inc., for the purchase of one (1) service body to be installed in Vehicle 445, a 1986 Ford F150 pick-up truck. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-106 PASSED. 18. MOTION TO ADOPT Tem Reso. #5394 awarding Bid #88-12 in the amount of $60,425.00 to TLC Diversified, Inc., for a new pump at Tract 27 water tank for TUW Project 88-12. FINAL ACTION: APPROVED. RESOLUTION NO. R-89--107 PASSED. 19. MOTION TO ADOPT Temp. Reso. #5401 waiving the bidding requirements and approving an Agreement with Manchester Equipment Company, Inc., for the sole source purchase of two (2) eight (8) channel multiplexers in the amount of $3,766.00 in order for TUW to implement a computerized work order program. FINAL ACTION: APPROVED. Finance Department RESOLUTION NO. R-89-108 PASSED. 20. MOTION TO ADOPT Temp. Reso. #5395 accepting the Comprehensive Annual Financial Report for Fiscal Year 1987/88. FINAL ACTION: TABLED. PUBLIC HEARING - 10:00 A.M. Communiity Development 21. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5396 concerning a request by SWANSON WEST PLAZA, Rep. Harry M. Ginsburg, for a limited parking waiver to permit thirty (30) additional parking spaces for SWANSON WEST PLAZA, which is zoned B-1 (Neighborhood Business) and is located at the northeast corner of Commercial Boulevard and NW 84 Terrace. Petition #5-Z--89. FINAL ACTION: RESOLUTION NO. R--89--109 PASSED. APPROVED with the following conditions: * 1. This waiver is made a part of the approved site plan and, as, such affects the land and will remain in effect regardless of the passage of ownership of the parcel from one owner to another, unless and until the Synagogue use vacates the premises. 2. Any occupational licenses issued for this Swanson Center will be bound by the parking requirements of the Tamarac Code. The occupational license for the Synagogue (even though no fee will be paid by the Synagogue) will not be issued until the contract with Broward Community College for the High Holy day services is provided to the City. 1 1 fJ Page 4 04/26/89 21. 3. The City of Tamarac must receive a letter from the Temple stating that it will not apply for the use of any additional space in the Swanson West Building because'there is inadequate parking. The City may entertain such a request in the future if the owners of Swanson West can demonstrate that sufficient square footage and parking spaces have been vacated by other tenants to accommodate increased Temple use in accordance with all applicable provisions of the Tamarac Code. ORDINANCES PUBLIC HEARINGS - 10:00 A.M. CommunityDevelopment 22. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1432. Petition #4-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. #1432 on second 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: ORDINANCE NO. 0-89-15 PASSED. 22a - ACCEPTED Affidavits. 22b - APPROVED on second reading. Public hearing was held. 23. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1433. Petition #27-Z-88. b. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. #1433 on first reading concerning a request by IRVING WALTMAN to rezone vacant lands at the northwest corner of University Drive and McNab Road from B-1 (Neighborhood Business) to B-2 (Planned Business). Petition #27-Z-88. FINAL ACTION: TABLED at petitioner's request to May 10, 1989, at 7:30 P.M. during a Regular City Council Meeting. 24. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1434. Petition #6-Z-89. -�~ -- b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1434 on first reading concerning a request by BARBARA AND ABEL ZALCBERG/UNIVERSITY SHOPPES AND OFFICES to rezone those lands at the northeast corner of University Drive and NW 64 Street from B-6 (Business District) to B-2 (Planned Business). Petition #6-Z-89. FINAL ACTION: 24a - ACCEPTED Affidavits. 24b - APPROVED on first reading. Second reading and public hearing will be held during a Regular City Council meeting on May 10, 1989, at 7:30 P.M. Page 5 04/26/89 AGENDIZED BY CONSENT 25. MOTION TO CORRECT Council recess from July 10 - August 10, 1989 to July 10 - August 6, 1989. FINAL ACTION: APPROVED 26. MOTION TO AUTHORIZE City Manager to send letters to registered voters explaining situation financially and offer made by Broward Sheriff's Office. Letter to request input from residents as to their preferences. FINAL ACTION: APPROVED. 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 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 1 1 1 Page 6 04/26/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 26,, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, April 26, 1989 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation dedicated to George Gottfried resident of Lakes of Carriage Hills, who was in Holy Cross Hospital. 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 1. PRESENTATION by City Manager Kelly of five-year employee service awards to PHILIP E. FORSBERG and TIMOTHY GLASGOW, Police Department; EDWARD CATALANO, Utilities West; and ANTHONY LABATE, Public Works Department. SYNOPSIS OF ACTION: PRESENTATIONS were given. Bob Foy accepted the award for Edward Catalano, Utilities West. City Manager Kelly presented five --year service awards to Philip E. Forsberg and Timothy Glasgow, Police Department and and Anthony Labate, Public Works Department. Bob Foy, Director of Utilities/Engineering, accepted the award for Edward Catalano, Utilities West. He thanked them for their years of service to the City. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of May 1-7, 1989, as "NATIONAL DRINKING WATER WEEK". SYNOPSIS OF ACTION: PRESENTATION was made to Bob Foy, Director of Utilities/Engineering. Mayor Abramowitz read the proclamation into the record and presented it to Bob Foy, Director of Utilities/Engineering. Mr. Foy thanked the Mayor and City Council for the proclamation and he accepted it in the behalf of Tamarac Utilities West Plant Operators and the citizens. He said the City could be very proud that their water quality was among the highest. He said when the expansion program was completed it would be a state -of -the --art system and the Utilities/Engineering Department would do their best to keep the water safe. Page 1 4/26/89 3. PRESENTATION by Mayor Abramowitz of a proclamation esignating the week of April 23-29, 1989, as "RAOUL WALLEN- BERG WEEK". SYNOPSIS OF ACTION: PRESENTATION was made to Ziggy Helisek. Mayor Abramowitz read the proclamation into the record and presented it to Ziggy Helisek. 4. PRESENTATION by Mayor Abramowitz of a plaque to EMIL BEUTNER in recognition of his contributions while serving as a member of the Planning Commission. SYNOPSIS OF ACTION: PRESENTATION was made to Emil Beutner. Presentation was also given by David Krantz, Chairman of the Planning Commission. Mayor Abramowitz said Emil Beutner has served under 6 Mayors and he asked David Krantz, Chairman of the Planning Commission, to make the presentation to Mr. Beutner. Mr. Krantz said he was pleased to be participating in the recognition of Mr. Beutner's contributions to the City. He said Mr. Beutner spent 17 years serving the City and his first appointment was to the Board of Adjustment and then the Planning Commission. He said Mr. Beutner served under six Mayors who were, Oscar Seltman, Dwight Johnson, Walter Falck, Philip Kravitz, Bernard Hart and Norman Abramowitz. He said Mr. Beutner served longer than any volunteer in the City and his knowledge and respect of the City's Codes was great. He said Emil Beutner was not a "Public Servant" but a "Public Hero". Mayor Abramowitz read the plaque into the record, presented it to Emil Beutner and thanked him for his many years of service to the City. Carl Alper said Mr. Beutner was an Engineer for 45 years and no one was more deserving to receive this recognition. CONSENT AGENDA General Administrative 5. d. MOTION TO ADOPT Temp. Reso. #5390 approving an agree- ment with AT&T Communic tiac ans, Inc., whereby the City would receive revenues in the amount of 6% of all completed long distance calls on the public telephones on City property. SYNOPSIS OF ACTION: REMOVED for separate discussion. (SEE PAGE3for Final Action) * C/M Stelzer MOVED to REMOVE Item 5 d., from the Consent Agenda * for separate discussion, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT 25. MOTION TO CORRECT the City Council recess dates from July 10, 1989 - August 10, 1989 to July 10, 1989 - August 6, 1989. Page 2 4/26/89 SYNOPSIS OF ACTION: APPROVED. C/M Stelzer said the Motion made at the April 12, 1989 City Council meeting approved the City Council vacation to be from July 10, 1989 to August 10, 1989; however, the Ordinance called for a vacation of 4 weeks which would be from July 10, 1989 to August 6, 1989. * C/M Stelzer MOVED to APPROVE the City Council vacation to be * from July 10, 1989 to August 6, 1989, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE 1 1 CONSENT AGENDA - ITEM 5, a. through d. City Clerk 5. a. MOTION TO APPROVE the minutes of the City Council Spec al Meetr g f 3/29/8.9. SYNOPSIS OF ACTION: APPROVED. b. MOTION TO APPROVE renewal of a model sales permit and waiver a he 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. Engineering/Utilities c. MOTION TO ADOPT Temp. Reso. #5389 releasing $8,476.75 of the $13,327.50 cash bond posted for public improvements at BARNETT BANK, with the City retaining $4,850.75 as a one-year warranty bond. SYNOPSIS OF ACTION: APPROVED. General Administrative RESOLUTION NO. R-89-98 - PASSED d. MOTION TO ADOPT Temp. Reso. #5390 approving an agree- ment with AT&T Communic tac cans, Inc., whereby the City would receive revenues in the amount of 6% of all completed long distance calls on the public telephones on City property. SYNOPSIS OF ACTION: REMOVED o�parate discussion on Page 2. (SEE NEXT ITEM for Final Action). * V/M Bender MOVED to APPROVE Consent Agenda Item 5, a. through * c., SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE General Administrative d. MOTION TO ADOPT Temp. Reso. #5390 approving an agree- ment with AT&T Communic to ions, Inc., whereby the City would receive revenues in the amount of 6% of all completed long distance calls on the public telephones on City property. Page 3 4/26/89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-99 - PASSED REMOVED for separate discussion on Page 2. APPROVED subject to the City Manager signing the contract as opposed to the City Clerk. City Attorney Doody read Temp. Reso. #5390 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5390 SECONDED * by C/M Hoffman. C/M Stelzer asked if the City Clerk had the authorization to sign the contract with AT&T. City Attorney Doody said the City Manager should sign the contract; therefore, the Motion to Approve should be subject to the City Manager signing the contract as opposed to the City Clerk. * V/M Bender AMENDED his Motion to APPROVE subject to the City * Manager signing the Contract with AT&T as opposed to the City * Clerk, C/M Hoffman AMENDED his SECOND. VOTE: OPEN PUBLIC FORUM 6. OPEN PUBLIC FORUM ALL VOTED AYE Carl Alper asked that he be able to speak during the City Manager's report regarding the Police Department. James Moore, President of Mainlands/Section 7, had concerns regarding the recent Open Housing Law. He suggested that the City Attorney research this matter to determine what rights the Adult Communities have and if they were required to rent to families. He said if the families were going to be allowed in the existing Adult Communities1sidewalks and safety precautions had to be implemented. Mayor Abramowitz said he attended 3 conferences in which this matter was discussed. He said he has tried numerous times to get someone from the Federal Government to address the problems facing many of the City's areas; however, he said the Government was in the process of refining and defining the law. He said the City Attorney, under the rules and regulations of the City, had no right to give anyone private advice. He said he would discuss this matter during the Broward League of Cities meeting. Melanie Reynolds, Resident of Sands Point, said she felt that the residents were being cheated because the City Council was delegating their authority by having negotiations which should be done by the City Council. She said the negotiations were taking place behind closed doors and the residents were not allowed to know what the City Government was doing. She said the residents were being cheated because the City Council was calling Special meetings and making decisions that should be made at Regular City Council meetings where the public could attend. Mrs. Reynolds said there was a meeting called late on Friday, April 7, 1989, where the City Council approved spending over $500,000.00 as part of a possible 1 million dollar project for the development of Tract 27 without going to Referendum. She said this was a violation of Page 4 4/26/89 the City Charter and, by Referendum of March 12, 1985, the residents were asked to vote on the development of Tract 27 at a cost of $650,000.00, which would be for a 5 year period. She said the residents voted against this Referendum and the 5 years have not expired. She said in order to change this vote, the City Council had to take the matter to Referendum. Mrs. Reynolds said the rumor regarding the Broward Sheriff's Office takeover was not being handled fairly because the residents were not being allowed to express their concerns on the matter. She said the newspapers were reporting that the City had a shortfall because the City was almost at buildout; however, two years ago, the City had a surplus of monies. She said the City Council eliminated burglar alarm fees which generated approximately $100,000.00 and the City Council allowed the City Manager to return thousands of dollars to developers. She said when monies are to be returned to a developer it was a policy that the developer filed a request at a cost of $10.00 to the City Council for consideration. She said the City Council allowed the City Manager to instruct the Building Department to give permits to a developer without paying for the permits. Mrs. Reynolds said the City Council allowed the City Attorney to cheat the residents as well. She said the City hired a City Attorney that swore he would uphold the Charter; however, as soon as the City Attorney took office, he declared he represented the City Council only. She said the Charter indicated that the City Attorney represented the Municipality, it's agencies, departments, officials, employees and Boards. She suggested that the City use an outside law firm as opposed to have an In-house Attorney and retaining the services of Ruf and Carsky, Consulting Attorneys. REPORTS 7. CITY COUNCIL REPORTS C/M Stelzer said he requested that the City Manager place an Item on the Agenda where he could discuss the Broward Sheriff's Office matter. He said the Item was listed under the City Manager's Report; therefore, he would like to discuss this matter under his Report as well. C/M Stelzer said he has been receiving several telephone calls regarding the Broward Sheriff's Office takeover. He said the concerns were of the matter going to Referendum as opposed to the takeover being in the best interest of the City. He said the matter was placed on Referendum several years ago which was defeated by 700 votes. He said the City Council has been informing the residents that the matter was not required to go to Referendum. He said there was no way that the City Council could take the matter to Referendum because the Budget figures for the Ad Valorem Tax had to be submitted by September 1, 1989. He said the Referendum would have to take place in ,Tune, 1989, which would be unfair because the majority of the residents were out of town. C/M Stelzer said the residents should have the opportunity to vote on the matter. He said when the matter was placed on the Ballot, it was voted upon in a political manner. He suggested that a listing be requested by the Broward County Department of Elections Page 5 4/26/89 on the names and addresses of the voters in the City. He said each voter should be mailed a resume of the matter because most people were not aware of the increase in the Budget of approximately 1.5 million dollars. He said the City may be able to save this amount by allowing the Broward Sheriff's Office takeover. C/M Stelzer said the residents should be sent a letter explaining what the entire switch would cost with a tear off ballot on the bottom for a "yes" or "no" vote. He said the yes vote should be, "I am willing to pay $1.50 per $1,000.00 additional Ad Valorem Tax to retain the services of the Tamarac Police Department" and the no vote should be, "I do not wish to pay an additional $1.50 in Ad Valorem Taxes to retain control of the Tamarac Police Department. I request that the City Council negotiate a contract with the Broward Sheriff's Office". C/M Stelzer said if this type of letter was sent to the residents, everyone would have the chance to vote on the matter. He said the ballots could bear a postage paid stamp and, as the postman brings the bundles of ballots, the cost for postage could be collected which would assist in the count of the ballot. Mayor Abramowitz said what took place during the previous Administration was a straw vote. C/M Stelzer said this procedure would also be a non -binding straw vote. Mayor Abramowitz said C/M Stelzer made reference to the Ad Valorem Taxes being increased by $1.50 if the Tamarac Police Department was retained by the City. He said if the Broward Sheriff's Office took over the Police Department it did not mean that the taxes ceased. He said he did not object to C/M Stelzer's suggestion; however, he would like to call a Workshop meeting regarding the format of the letter. He asked that a Motion be made which was not binding. C/M Stelzer said the ballot should indicate that the taxes could be increased by at least $1.50 if the Tamarac Police Department was retained by the City. Mayor Abramowitz said he did not object to this suggestion; however, until further information was received regarding the costs, he did not want it specified. * C/M Stelzer MOVED to DIRECT the City Manager to send out a * letter to the taxpayers of the City which would contain a * ballot for voting on the Broward Sheriff's Office takeover, * SECONDED by C/M Hoffman. City Attorney Doody said the record should indicate that the ballot was a non -binding straw ballot. Mayor Abramowitz said he could not make a decision on the matter without knowing the facts. He said he approved of the letter; however, he would like the Motion to not contain specifics. He said he would like to discuss the form of the letter at a Workshop meeting. C/M Hoffman said the Motion which he Seconded did not contain any specifics. He said the Motion was a Direction for the City Manager to send out a letter to the residents. Page 6 4/26/89 TAPE 2 Mayor Abramowitz disagreed. He said he wanted the opportunity to hold a Workshop meeting regarding the form of the letter. C/M Stelzer said he would like the ballot to contain a commitment from the residents that they were willing to pay what was necessary to retain the Tamarac Police Department. He said the "yes" and "no" ballot should not be changed. At this time, C/M Hoffman WITHDREW his SECOND. C/M Rohr said the City Council was asking that the record not contain the contents of the letter. Mayor Abramowitz said the City Council agreed with the concept of the letter; however, he was uncomfortable with the letter containing specifics without further information and an opportunity to discuss it. Mayor Abramowitz asked that the Motion not contain specifics so that the City Council could meet during a Workshop meeting to discuss the contents. C/M Stelzer said he did not object to the amount of money changed; however, he wanted the residents to be informed of what the cost would be to retain the Police Department. He said he would like the ballot to contain a "yes" or "no" vote for the Broward Sheriff's Office. Mayor Abramowitz asked C/M Stelzer to Amend his Motion that a letter be sent to all of the taxpayers regarding the matter. C/M Stelzer said he wanted the voters to be informed that there may be a savings to the City if the City allowed the Broward Sheriff's Office to take over the Police Department. C/M Hoffman suggested that C/M Stelzer introduce his Motion. Mayor Abramowitz suggested that the Motion be to submit a letter to the taxpayers explaining the matter and give the voters the opportunity to express their desires. He said in the near future, a Workshop meeting would be called to determine the contents of the letter. C/M Hoffman said he would like to know what the Motion was and Mayor Abramowitz asked C/M Stelzer to restate his Motion. * C/M Stelzer MOVED to DIRECT the City Manager to send a letter * to the taxpayers in the City outlining the proposal from the * Broward Sheriff's Office. This letter should bear a tear off * ballot providing for a "yes" or "no" vote to be signed by the * taxpayer and returned to the City postage paid. The yes should * indicate, "I am willing to pay at least x-number of dollars * per $1,000.00 additional Ad Valorem Tax so that the City could * retain control of the Police Department" and the no should * indicate, "I do not want to pay at least x-number of dollars * per $1,000.00 additional Ad Valorem Tax so the City can retain * control of the Police Department. I prefer to have the City * negotiate with the Broward Sheriff's Office to consolidate * and in effect a savings to the taxpayers.". Page 7 4/26/89 This Motion FAILED for lack of a SECOND. * C/M Hoffman MOVED to DIRECT the City Manager to send a letter to * all of the registered voters of the City explaining the financial * situation and the offer made by the Broward Sheriff's Office. * Details are to handed out at a Workshop meeting to be called as * soon as possible by the Mayor, SECONDED by V/M Bender. C/M Stelzer said this Motion indicated that the citizens were not being given an opportunity to vote on the Broward Sheriff's Office take over and Mayor Abramowitz said this was not true. C/M Hoffman said C/M Stelzer could express his suggestions in the contents of the letter during a Workshop meeting which would be held on this matter. He said the only thing being done at this point was approving that a letter was to be sent. Mayor Abramowitz suggested that the Motion be Amended by indicating that the letter would give the residents the opportunity to address this matter. * C/M Hoffman AMENDED his Motion to INCLUDE that the letter * should request input from the residents as to their preference, * V/M Bender AMENDED his Second. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr -- Aye C/M Stelzer -- Nay C/M Rohr reported that there would be Bids received for a Recycling Program on May 15, 1989. He said the City of Oakland Park was willing to assist the City of Tamarac by submitting information regarding the City of Oakland Park's recycling program. He said the City of Oakland Park was selling papers at $15.00 per ton and aluminum at $1,100.00 per ton. He said if Tamarac could not find an appropriate refuse company to assist the City in a recycling program, the City would investigate the possibility of having their own recycling program. C/M Hoffman - No Report. V/M Bender - No Report. Mayor Abramowitz reported that Dina McDermott submitted to Broward County the City's nomination for the award of the Disabled People in Broward County. He said the Tamarac Veterans Alliance was nominated, which included the American Legion Post 265, Am Vets Post 2, Disabled Veterans of Tamarac and The Jewish War Veterans of Tamarac. He thanked Mrs. McDermott for her contribution. Mayor Abramowitz said his recent trip to Tallahassee was very successful. He said he spoke with the Head of the Regulatory Agencies regarding the Florida Power & Light matter. He said there were items generating on the matter and he asked that the residents not give up. Mayor Abramowitz said he attended the Delegation meeting and heard that Tamarac's proposals for Grants of $350,000.00 and $250,000.00 would be considered. Page 8 4/26/89 u At 9:57 A.M., Mayor Abramowitz RECESSED the meeting and RECONVENED at 10:05 A.M. with ALL PRESENT. PUBLIC HEARING - 10:00 A.M. Community Development 21. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5396 concerning a request by SWANSON WEST PLAZA, Rep. Harry M. Ginsberg, for a limited parking waiver to permit thirty (30) additional parking spaces for SWANSON WEST PLAZA, which is zoned B-1 (Neighborhood Business) and is located at the northeast corner of Commercial Boulevard and NW 84 Terrace. Petition #5-Z-89. SYNOPSIS OF ACTION: Public Hearing was held. APPROVED with conditions. RESOLUTION NO. R-89-109 - PASSED City Attorney Doody read Temp. Reso. #5396 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5396, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said the request was for a limited parking waiver because 30 more spaces were needed to allow the use that was proposed. She said the site plan for the Plaza was approved in 1982 and there were 71 parking spaces provided; however, approximately 60 spaces were being used by the existing tenants. Mrs. Carpenter -Craft said the proposed use was for a Synagogue and staff reviewed the request and notified the Attorney for the Synagogue and property owner that parking was insufficient for the Synagogue use. She said the Planning Commission denied the request for a waiver on April 5, 1989 and staff recommended the waiver be denied. Mayor Abramowitz said the City Attorney and staff were bound by law to make recommendations on an item that deviated City Codes; however, the City Council could make a decision and change the recommendations. City Attorney Doody said the City Code required a waiver of the parking requirements and the City Council should determine the granting of limited waivers and the minimum waiver that would make equal use of the land, building or structure. He said the granting of the limited waiver would be harmful to the general intent and purpose of this Chapter and other Ordinances and such limited waiver would not be injurious to the area involved or otherwise detrimental to public health or welfare. He said the hardship was found and it was not self-imposed. Mayor Abramowitz asked when the Synagogue would be open and Mrs. Carpenter -Craft said the Synagogue stated that they would be using the area on Friday nights, Sunday mornings and, occasionally, Saturday mornings. Mayor Abramowitz asked if this was documented and Mrs. Carpenter -Craft said the Synagogue was prepared to submit this type of document, if needed. Page 9 4/26/89 Mayor Abramowitz asked if staff received comment from the existing tenants in the Center regarding this matter and Mrs. Carpenter --Craft said the property owner would be submitting this information to staff. Mayor Abramowitz asked if the Center would be used by the Synagogue on the "High Holy Days" and Mrs. Carpenter -Craft said the Synagogue offered a stipulation that the Center would not be used on "High Holy Days". Mayor Abramowitz asked if there would be an Agreement that the stipulations setforth to the Synagogue would be passed on from property owner to property owner. Mrs. Carpenter --Craft said the waiver would be attached to the site plan. C/M Hoffman said the language stated that there would be a waiver to permit 30 additional parking spaces. He asked if the language should be changed to a waiver of the required 30 additional parking spaces. Mrs. Carpenter -Craft said the language should be changed and C/M Hoffman said the waiver was to relieve the property owner from adding an additional 30 parking spaces. Mrs. Carpenter -Craft agreed. C/M Hoffman asked if staff recommended that the waiver be approved and Mrs. Carpenter -Craft said under the terms of the Code, staff was recommending denial; however, the City Council may decide to grant the waiver based on the facts before them. Mayor Abramowitz said approval would be based on the stipulations allowing this waiver not being detrimental to the City. C/M Hoffman asked if the congregation was Orthodox, Conservative or Reformed and Mayor Abramowitz replied, Reformed. C/M Stelzer said this request would not create a problem in the Center; therefore, the waiver should be granted providing the stipulations were complied with. Mayor Abramowitz Opened the Public Hearing. Anthony Grimaldi, Resident of Sunflower/Heathgate, said he was Chairman of the Planning Commission when this item was presented to the Planning Commission and he voted to approve the request. He said this request would be in the best interest of the City and he suggested that the City Council approve the waiver. Mayor Abramowitz Closed the Public Hearing with no further response. City Attorney Doody said the conditions should be in the Motion and he suggested that the conditions be restated. Mrs. Carpenter -Craft said the conditions would be as follows: 1. This waiver is made a part of the approved site plan and, as such; effects the land and will remain in effect regard- less of the passage of ownership of the parcel from one owner to another, unless and until the Synagogue use vacates the premises. Page 10 4/26/89 2. Any Occupational Licenses as issued for this Swanson Center will be bound by the parking requirements of the Tamarac Code. The Occupational License for the Synagogue (even though no fee will be paid by the Synagogue) will not be issued until the contract with Broward Community College for the High Holy day services is provided to the City. 3. The City of Tamarac must receive a letter from the Temple stating that it will not apply for the use of any additional space in the Swanson West Building because there is inadequate parking. The City may entertain such a request in the future if the owners of Swanson West can demonstrate that sufficient square footage and parking spaces have been vacated by other tenants to accommodate increased Temple use in accordance with all applicable provisions of the Tamarac Code. C/M Stelzer asked if the Swanson West Center was requesting the waiver and Mrs. Carpenter -Craft replied, yes. C/M Stelzer asked if the waiver would be eliminated if the Synagogue relinquished use of the property and Mrs. Carpenter -Craft replied, yes. City Attorney Doody said that this could be added as another condition and Mayor Abramowitz said he would like this added as a condition. VOTE: ALL VOTED AYE ORDINANCES 22. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp Ord. #1432. Petition #4-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1432 on second 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: ORDINANCE NO. 0-89-15 - PASSED Public Hearing was held. a. ACCEPTED Affidavits. b. APPROVED on second reading. * a. C/M Hoffman MOVED to APPROVE Affidavits of Publication and * Posting for Te_ mp. Ord. #1432, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1432 by title. * b. V/M Bender MOVED to APPROVE Temp Ord. #1432 on second reading * SECONDED by C/M Hoffman. Mrs. Carpenter -Craft said the request was for rezoning, which would bring the lands into conformance. She said the lands were currently zoned R-4A (Planned Apartments) and A-1 (Limited Agriculture). Mrs. Carpenter -Craft said the property consisted of 59 acres and was located in the north portion of Land Section 7. She said the Tamarac and Broward County Land Page 11 4/26/89 Use Maps designated the property as Industrial. She said the Planning Commission approved the request on March 15, 1989 and staff recommended approval.. Mayor Abramowitz Opened the Public Hearing. Harry Jaust, Resident of Tamarac Gardens, suggested that the area be a. Park as opposed to Light Industrial and C/M Hoffman said the City was obligated to this type of development because it was part of the City and County's Land Use Plan. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 23. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1433. Petition # 27-Z-88 . b. PUBLIC HEARING - MOTION TO ADOPT Tamp Ord. #1433 on first reading concerning a request by IRVING WALTMAN to rezone vacant lands at the northwest corner of University Drive and McNab Road from B--1 (Neighborhood Business) to B-2 (Planned Business). Petition #27-Z-88. SYNOPSIS OF ACTION: TABLED at the Petitioner's request until 7:30 P.M., May 10, 1989, Regular City Council meeting. C/M Stelzer said Keith & Schnars asked that this Item be heard on May 10, 1989 and Mayor Abramowitz said this matter would be Tabled to a time certain. City Attorney Doody suggested that this Item be Tabled until 7:30 P.M., May 10, 1989, Regular City Council meeting. * C/M Hoffman MOVED to TABLE Item 23 a. and b. until 7:30 P.M., * May 10, 1989, Regular City Council meeting, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 24. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp' Ord. #1434. Petition #6-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1434 on first reading concerning a request by BARBARA AND ABEL ZALCBERG/UNIVERSITY SHOPPES AND OFFICES to rezone those lands at the northeast corner of University Drive and NW 64 Street from B-6 (Business District) to B-2 (Planned Business). Petition #6-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 Affidavits of Publication, Mailing and * Posting for Temp Ord. #1434, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1434 by title. I E Page 12 4/26/89 C * b. V/M Bender MOVED to APPROVE Temp. Ord. #1434 on first reading, * SECONDED by C/M Hoffman. Mrs. Carpenter -Craft said the property was currently zoned 8--6 (Business District) and University Shoppes and Offices has an approved site plan. She said the total area of the parcel is 1.5 acres and contained an existing commercial building. She said the surrounding land uses and zonings are as follows: 1. North - B-1 (Neighborhood Business) 2. South - B-2 (planned Community Business) 3. East - B-6 (Business District) 4. West - R--4A (Planned Apartment) Mrs. Carpenter -Craft said along University Drive between McNab Road and NW 76 Street there are a variety of Commercial zoning districts existing including B-6, B-2 and B-1. She said the B-6 zone was intended for the development of an integrated mix of professional and business developments with accessory residential units in the primary structure as stated in Section 28.171(10) of the City Code. She said the development was a small commercial shopping center and it was unlikely that the site would be developed to mixed 'uses as allowed in the B-6 zone. She said the Planning Commission approved the request on April 5, 1989 and staff recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 8. CITY MANAGER REPORT - Report on Police Department City Manager Kelly wished all of the Secretary's a Happy Secretary's Day. He said the Secretaries assisted in keeping the City running and he thanked them for their assistance. City Manager Kelly said the Public Works Department requested this Agenda contain an Item regarding an Interlocal Agreement between the Cities of Lauderhill and Tamarac for the beautification of Commercial Boulevard; however, neither he nor the City Attorney reviewed the Agreement. Mayor Abramowitz said a Special meeting would be called and he suggested that this Item be included. City Manager Kelly said the City, which consisted of approximately 40,000 people, had a good tax base. He said out of 28 Cities in Broward County, only 11 Cities had a higher taxable valuation than Tamarac; however, only 2 Cities taxed less than Tamarac. He said the argument that Tamarac was a poor City was not true and the charge that Tamarac was a cheap City deserved scrutiny. City Manager Kelly said each year he was responsible to provide a Budget to the City Council. He said before creating a proposed Budget he had to review various alternatives and, for the previous two years, privatization has been used frequently in the City and became very important. He said he reviewed the Utilities Department and found that the services provided by staff were superior and there was no overall benefit by having Page 13 4/26/89 A TAPE 3 privatization. He said last year, the Public Works Department was reviewed and some privatization was used in the Department; however, in areas such as street sweeping and median maintenance, no private agency could be as efficient as the personnel. City Manager Kelly said during the Budget review there were four factors assessed, 1) the level of service to be provided, 2) a cost savings that may be derived, 3) the impact on the existing personnel and 4) the degree of local control that the City Council and he would continue to maintain over the service being provided. He said the services could always be done for less; however, the concern was if the services could be done better. He said the answer in the past has been no; however, the personnel deserved a lot of respect from the citizens for the work being performed. City Manager Kelly said when the Budget process began this year, the Police Chief advised, at a Department Head meeting, that the preliminary Budget for the Police Department would be approximately 1.1 million dollars over the existing Budget. He said during the Department Head meetings held every Monday at 9:00 A.M., he sat at one end of the Table, the Finance Director sat at the other end of the Table and the Department Heads sat on the side of the table. He said when the Finance Director heard of the Police Chief's preliminary Budget he was very shocked and indicated that this was not going to happen. City Manager Kelly said he and the Finance Director objected to 1.1 million dollars being spent over last year's Budget in one Department only; however, when the preliminary Budget for the Police Department was submitted, it did not include any increases for salary for the coming year which was the case in every Department unless the Department had a previously agreed long term contract for increases. He said the 1.1 million dollar increase did not include salary increases; however, Union negotiations were presently taking place. City Manager Kelly said the costs for the Broward Sheriff's Office proposal projected a savings of more than 1 million dollars over the base Budget for next year and did not include the salary increases. He said there were several factors that had to be evaluated and presented to the City Council for further negotiations. He said he wanted to save more money; however, Broward Sheriff's Office wanted to save more. He said he should have more information within a week. City Manager Kelly said the Debt Service for the next 5 years on the new Police Facility would be $264,000.00 and that amount was paid in this year's Budget. He said when the 4.8 million dollars existing was adjusted accordingly, $264,000.00 would be included. He said the Police Department Budget included the cost for capital equipment because the Union Contract required that when a Police vehicle reached 100,000 miles, a new car was required. He said last year the Police Department was Page 14 4/26/89 entitled to approximately 9 vehicles; however, only 3 vehicles were allocated. He said the Police Department agreed to this because they were expecting the circumstances to improve this year. City Manager Kelly said he asked the Public works Department to make an assessment regarding a viable number that could be presented to the Union but there was concern that approximately.21 vehicles could be requested. He said the preliminary Budget for the Police Department requested 15 vehicles at a cost $247,000.00. He said additionally, the new Police Facility would require 4 additional dispatchers to run the communication system and 10 additional men, which would not provide any additional services to the City. He said the additions would only provide the level of service to which the City was already committed. City Manager Kelly said in reviewing the proposal there were very strong pluses on each of his Budget review criteria. He said in transferring the Police Department to the Broward Sheriff's Office, the level of service must be improved in the City. He said a cost savings was approximately 1 million dollars on paper but other savings existed and the impact on the existing personnel would be lifted, which included more than the Police Department. City Manager Kelly said there were residents who tended to make rumors that sometimes adversely affected the operation of the City. He said it was difficult when the employees relay the rumors such as 100 people being laid off in a ripple affect if the Broward Sheriff's Office proposal was accepted by the City. He said none of the rumors were true and there would be no negative impact on the Departments in terms of personnel if the takeover was approved. He said the proposal indicated that all of the personnel in the Police Department would be absorbed by the Broward County Sheriff's Office with the exception of personnel that failed the drug tests and light duty officers, which would be negotiable. City Manager Kelly said the benefits accrued with the City would be absorbed by the Broward County Sheriff's Office. He said the personnel would only be changing uniform and providing the services to the City. He said promotional opportunities, which were. presently denied by the City of Tamarac, would be available with the Broward County Sheriff's Office. He said the Broward. County Sheriff's Office was one of the few professionally accredited organizations nationally and the Police Chief was enthusiastic about joining the organization. City Manager Kelly said former Police Chief of the City of Miami, Kenneth Harms, spoke at a meeting and discussed the problems with a small Department and the discussions pertained to Tamarac's problems. He said every Department wanted a sophisticated select enforcement team such as Swat Team, Detective and Undercover Squads. He said there were only a few occasions that the City of Tamarac could institute some of these programs because of the lack of Police Officers. He said he received several calls from residents regarding Police Officers not patrolling certain areas and the reason these problems were occurring was because of the lack of Police Officers. Page 15 4/26/89 City Manager Kelly said the present schedule for Police Officers required 10 people on the first and second shifts and 12 on the third shift; however, this level of service was not being provided because of the lack of Police Officers. He said many of the Police Officers were being paid overtime and the sick and disabled Police Officers were being paid as well which contributed to the financial problems in the Budget along with the building revenues not being received. City Manager Kelly said the City was looking to have the Broward County Sheriff's Office provide the paper level of service of 10, 10 and 12 Police Officer shifts. He said in reviewing contracts with the Broward County Sheriff's Office and other Cities it was evident that the Broward County Sheriff's Office could provide backup for officers who are ill or disabled. City Manager Kelly said the challenge of local control was always evident and if there were healthy and happy personnel performance would be better. He said the City needed a Police Department in which the morale was high which was not the case at this time. He said if the City could provide more money it would probably not make a difference in the existing morale problems. He said it was imperative that the City further investigate the Broward County Sheriff's Office takeover because it would be in the best interest of the City. Mayor Abramowitz asked the public to comment on this matter providing there was no cross discussion. Carl Alper, Resident, said he respected and appreciated the City Manager's Comprehensive Report on the matter; however, the Miami Herald recently reported that the Tamarac Police Department should be disbanded and turned over to the Broward County's Sheriff's Office. He said there were several reasons why this should not occur and the City should consider bringing in an independent physician for the Disability claims which may eliminate some of the absentee Police officers. He said there would be less Police protection in the City if the Broward County Sheriff's Office came into the City because the Sheriff would spend most of the energy on drug enforcement. He said the residents would not be able to communicate with the Broward County Sheriff's Office as they can with the City Manager regarding the need for Police protection. Vickie Beech, Resident, said there was a problem existing in the City for a long time as to the Fiscal responsibility of the Administration. She said she did not mind paying her fair share. She said there have been problems with the Budget for a few years; however, the staff was increased. She said the priorities in the City should be water, sewage, Police Department and the necessities that it took to survive. Irving Katz, Resident, had concerns with hcw available the disabled and ill Police Officers were going to be for the Broward County Sheriff's Office. He said the Broward County Sheriff's Office would have to physically check every Police Officer that would transfer from the Tamarac Police Department. He said it would be a disservice to the City by placing the City in a position to pay overtime if the Police officers were found not to be disabled. Page 16 4/26/89 Joseph Schreiber, Resident, said the resident should be specifically informed as to what the Broward Sheriff's Office was offering the City for the takeover. He asked that the residents be given a chance to express their opinions before the City Council made a decision on this matter. He said the heart and soul of the City was the Police Department and to give this up the consequences had to be in the best interest of the City. Mayor Abramowitz said he promised that the residents would be made aware of everything known by the City Manager and City Council regarding this matter. Anne Zimmerman, Resident, said the City Manager indicated that there would be savings; however, those savings were not specified. She said there was reference to salaries; however, there was no mention of what the salaries included. She said most of the residents did not have $100,000.00 dollar homes in the City and there were people on fixed incomes. She said several years ago she investigated this issue and the consensus was that the residents wanted to retain their own Police Department because the Cities who had the Broward County Sheriff's Office were not pleased. Mayor Abramowitz said he spoke with two Mayors who had the Broward County Sheriff's Office and they indicated that they were very pleased in having the Broward County Sheriff's Office. He said these Mayors were willing to discuss their experience with the public. He said he was concerned with the reasons why the residents did or did not want the Broward County Sheriff's Office in the City. He said the reasons expressed to him had nothing to do with the takeover being in the best interest of the City. He said when it came to making a decision on the matter his vote would pertain to the best interest of the City. Anthony Grimaldi, Resident, said in the previous years the Budget indicated that the City's Police Department was doing a tremendous job; however, all of a sudden there are complications and the City was considering surrendering the City's rights to the Police Department by transferring to the Broward County Sheriff's Office. He said he did not want to surrender the rights of the Police Department without knowing the improvements in doing so. He said the residents were told about the disabled and sick Police Officers, Union Contracts, etc., and he would like the City to negotiate to where it was of benefit to the City. He said he would prefer to pay more taxes as opposed to surrendering the Police Department. C/M Hoffman asked if Mr. Grimaldi paid taxes to the City and Mr. Grimaldi said this was not the City's business. C/M Hoffman said he reviewed the tax roll and found that Mr. Grimaldi was not on it; therefore, Mr. Grimaldi should not refer to the taxes unless he paid them. C/M Rohr said during a Town Hall meeting there was mention that the free ride in the City was soon to be over. He said the residents may not have realized what the significance of this matter was. He said last year there was discussion regarding a tax increase and there was great opposition by the residents. He said the Page 17 4/26/89 TAPE 4 residents had to be willing to pay for the services that they wanted and the matter with the Police Department did not pertain to dollars only but the type of protection being given. C/M Rohr said the City would have to raise taxes regardless of whether the Police Department was retained because the revenues from building were not available until Land Section 7 begins development. He said the costs keep increasing and the funding would have to come from taxation. He said he did not believe that the residents would agree to doubling their taxation to retain the services which would be required within the next few years. C/M Hoffman said he did not know if he was in favor of the Broward County Sheriff's Office takeover because he needed more information regarding the outcome of the costs, taxes, etc. He said every taxpayer in the City had the right to express their opinions. He said he wanted more information before he was asked to make a decision for or against the matter. V/M Bender said he agreed with C/M Hoffman regarding making a decision. He said he was interested in receiving improved protection because the City was growing and the protection should be growing. He said he would make his decision on the matter when all the information was presented. Mayor Abramowitz said he was not going to lobby, sell or try to change the minds of the residents. He said a group of the people in the City called the residents informing them that the City Council was going to vote unanimously at the April 12, 1989 City Council meeting to approve the Broward County Sheriff's Office takeover of the City's Police Department without giving.the residents a chance to express their opinions. He said for the past 15 years the City was run in a political manner and this City Council wanted to change that. Mayor Abramowitz said the residents were entitled to express their concerns regarding this matter; however, he wanted the residents to review the ;natter to determine if it would be in the best interest of the City. Mayor Abramowitz said 50% of the Budget in Broward County was going to the services of the Broward County Sheriff's Office and the City was not retaining those services at this time. He said he knew which direction he wanted to go; however, he would not make a decision on the matter without further information. He said the City Council would not make a decision without input from the residents; however, the residents should be concerned about the best interest of the City. 9. CITY ATTORNEY REPORT - No Report. CONSIDERATIONS Finance Department 10. MOTION TO APPROVE the transfer of $1,842.00 from Util dies Contingency Account #425-371-588-975 to various Customer Services accounts to provide funding to secure a modular endorser for check deposits. 1 1 1 Page 18 4/26/89 SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Ken Burroughs, Finance Director, said the existing check endorser was a manual piece of equipment which produced 500 to 2000 checks per day. He said the noise and efficiency of the existing machine were a problem. He said the Federal Regulations were being amended for check endorsements and the equipment being requested would be used primarily in the Utilities Department. He recommended approval of this purchase. 01MM I1 RESOLUTIONS City Council ALL VOTED AYE 11. MOTION TO ADOPT Tem. Reso. #5391 appointing four (4) members to the REDISTRICTING COMMITTEE. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-100 - PASSED APPROVED the appointment of: Morton Winter - District 1 Mollie Goldstein - District 2 Abe Garr - District 3 Irving Schneider - District 4 City Attorney Doody read Temp. Reso. #5391 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5391, SECONDED by * C/M Hoffman. Mayor Abramowitz suggested the Councilmembers make their nominations. C/M Stelzer nominated Morton Winter, Henry Schumann, Abe Garr and Irving Schneider. C/M Rohr nominated Morton Winter, Abe Garr, Irving Schneider and Mollie Goldstein. C/M Hoffman nominated Morton Winter, Abe Garr, Irving Schneider and Mollie Goldstein. V/M Bender nominated Morton Winter, Abe Garr, Irving Schneider and Mollie Goldstein. Mayor Abramowitz nominated Morton Winter, Abe Garr, Irving Schneider and Mollie Goldstein. Vickie Beech, Resident, asked if there would be homeowners involved and Mayor Abramowitz said Irving Schneider and Henry Schumann were homeowners. VOTE: Mayor Abramowitz V/M Bender - Morton Winter Abe Garr Irving Schneider Mollie Goldstein - Morton Winter Abe Garr Irving Schneider Mollie Goldstein Page 19 4/26/89 C/M Hoffman - Morton Winter Abe Garr Irving Schneider Mollie Goldstein C/M Rohr - Morton Winter Abe Garr Irving Schneider Mollie Goldstein C/M Stelzer - Morton Winter Henry Schumann Abe Garr Irving Schneider C/M Stelzer said that Mollie Goldstein was not qualified to serve on the Committee because she had no past experience. Mayor Abramowitz said Henry Schumann was very qualified; however, he was serving on two other Boards in the City. 12. MOTION TO ADOPT Temp. Reso. #5397 appointing one (1) member to BOARD OF SOCIAL SERVICES. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-101 - PASSED APPOINTED Melvin Eliasberg as a Regular member. City Attorney Doody read Te�. Reso. #5397 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5397, SECONDED by * C/M Hoffman. C/M Stelzer said the City Attorney wrote a Resolution and the City Clerk would have to administer the Oath Of Office for one meeting before the reappointments were made for the Boards and Committees. He suggested that the City Council wait until the terms for reappointment were expired. Mayor Abramowitz said the Chairmen of the Boards requested that these appointments be made because they were necessary. V/M Bender recommended the appointment of Melvin Eliasberg to the Social Services Board. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay 13. MOTION TO ADOPT Temp Reso. #5398 appointing one (1) member to the INVESTMENT ADVISORY BOARD. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-102 - PASSED APPOINTED Jerry Leibowitz as a Regular member. City Attorney Doody read Temp. Reso. #5398 by title. * C/M Hoffman MOVED to APPROVE Temp Reso. #5398, SECONDED by * V/M Bender. C/M Hoffman recommended the appointment of ,ferry Leibowitz to the Investment Advisory Board as requested by the Chairman of the Board to obtain a quorum. 1 1 1 Page 20 4/26/89 C/M Stelzer said he was the Liaison to the Investment Advisory Committee and he was not informed that an appointment would be made. He said he did not agree to having a person apply for a position that had one meeting remaining in the term. C/M Hoffman said the Chairman came to him requesting this appointment. Mayor Abramowitz asked how long the Board was meeting without a quorum and C/M Stelzer said the Board met two times without a quorum by calling a Workshop meeting. Mayor Abramowitz asked why the City Council was not informed that there was no quorum for this Board and C/M Stelzer said there were Workshop meetings called because there were no items that needed to be voted upon at the meetings. Mayor Abramowitz said the Chairman came to him and requested that the appointment be made. He said he informed the Chairman that he should inform the Liaison. VOTE: Community Development Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr •- Aye C/M Stelzer - Nay 14. MOTION TO ADOPT Temp. Reso. #5392 approving a revised site plan to the TARGET STORE (Yormerly Richway) reflecting an addition to the garden center at 8399 N. University Drive. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-103 - PASSED APPROVED. City Attorney Doody read Temp..Reso. #5392 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5392, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said staff recommended approval subject to the provision that the landscaping was brought to Code. VOTE: ALL VOTED AYE 15. MOTION TO ADOPT Temp._ Reso. #5399 transferring a special exception for a restaurant with on -premises consumption of beer and wine from Domenic Palmieri, President, d/b/a Wing City, Inc., to Bao-Ju Wang, President, d/b/a China Jewel, Inc., located at 5435 N. State Road 7. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-104 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5399 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5399, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE Page 21 4/26/89 16. MOTION TO ADOPT T-emp. Reso. #5400 transferring a special exception for a restaurant with on -premises consumption of beer and wine from Peter Licata, owner, d/b/a Tags Pizza, to Irving Weinstein, President of Make Me A Match, Inc., d/b/a Tags Pizza, located at 4243 W. Commercial Boulevard (SUNSHINE PLAZA). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-105 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5400 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5400, SECONDED by * C/M Rohr. VOTE: Engineering/Utilities ALL VOTED AYE 17. MOTION TO ADOPT Temp. Reso. #5393 awarding Bid #89-19 in the amount of to Broward Frame and Body, Inc., for the purchase of one (1) service body to be installed in Vehicle 445, a 1986 Ford F150 pick-up truck. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-106 - PASSED City Attorney Doody read Temp. Reso. #5393 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5393, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said three bids were received and the equipment would go on the back of a truck for storage. He recommended approval. ►tls1 m 5C ALL VOTED AYE 18. MOTION TO ADOPT Tema. Reso. #5394 awarding Bid #89-12 in the amount of $60,425.00 to TLC Diversified, Inc., for a new pump at Tract 27 water tank for TUW Project 88-12. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-107 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5394 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5394, SECONDED by * V/M Bender. Mr. Foy said there were 4 bids received on this Item and the pump would provide additional capacity as required for the potable water system. He said the pump would be located at Tract 27 and would be funded by CIAC Impact Fees. He recommended approval. Mayor Abramowitz asked if the equipment was needed and Mr. Foy replied, yes. C/M Hoffman asked what would happen if the pump was not purchased and Mr. Foy said the pump would be used every day for longer periods of time to recirculate tne chlorine. Mr. Foy said the chlorine level in the area was barely up to par. C/M Hoffman asked if the existing pumps were too large and Mr. Foy replied, yes. Mr. Foy said when the existing pumps were used there was too much impact and pressure. 1 1 1 Page 22 4/26/89 Mayor Abramowitz asked why the larger pumps were purchased and Mr. Foy said the pumps were bought several years ago because there would be a need for the pumps in the future. V/M Bender asked if the gears on the existing pumps could be modified to accommodate the use and Mr. Foy said the pumps were directly connected. V/M Bender asked if the reduction in pressure through electrical or gears have been explored and Mr. Foy replied, no; however, it was not feasible to reduce the pressure in the pumps because the voltage was standard by Florida Power & Light. V/M Bender said this matter should be reviewed further. Mayor Abramowitz asked if there was a possibility that the larger pumps could be used elsewhere and Mr. Foy said the existing pumps were specifically for their location. Mr. Foy said the pumps were two 3,000 gallon per minute pumps and, when the pumps were turned on, there was a lot of pressure. Mayor Abramowitz asked Mr. Foy if the City should spend $60,000.00 for the pump and Mr. Foy replied, yes, because the chlorine level had to be maintained at that location. C/M Rohr said the funds to purchase the pump were collected from Impact Fees and Mr. Foy agreed. C/M Stelzer said the City Council should not be arguing with the employed professionals. He said if the City could not rely on the professionals they should not be employed with the City. He said the City Council did not have the professional experience of Mr. Foy. C/M Hoffman said the City Council was meeting to save money for the City and it may take asking questions to get the appropriate answers. He said because the professionals recommend a matter did not mean that it was the only way to do it. V/M Bender said because the matter was not investigated thoroughly he would not approve it. VOTE: Mayor Abramowitz -- Aye V/M Bender - Nay C/M Hoffman - Nay C/M Rohr - Aye C/M Stelzer - Aye TAPE 5 Mayor Abramowitz asked Mr. Foy to look into the matter further and report to the City Council with his findings. 19. MOTION TO ADOPT Temp. Reso. #5401 waiving the bidding requirements and approving an Agreement with Manchester Equipment Company, Inc., for the sole source purchase of two (2) eight (8) channel multiplexers in the amount of $3,766.00 in order for TUW to implement a computerized work order program. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-108 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5401 by title. * C/M Hoffman MOVED to APPROVE Tem2. Reso. #5401, SECONDED by * C/M Rohr. Page 23 4/26/89 Mr. Foy said this was a sole source Agreement because it matched the existing equipment in '-he Finance Department and he recommended approval of this Item. He said this system would allow more efficient work orders for the City by transmitting the information over the computer. VOTE: ALL VOTED AYE C/M Rohr said the City should have a procedure which would allow staff to handle their items at the beginning of the meeting as opposed to waiting through the entire meeting. Mayor Abramowitz said he agreed with this and he asked the City Manager and the City Clerk to investigate this matter and create a procedure where staff could be heard at the beginning of the meeting. City Manager Kelly said this could be resolved for the morning meetings and Mayor Abramowitz suggested that this matter be discussed at the next Workshop meeting. C/M Stelzer said the City used to have a procedure where the times the Items would be heard were listed and Carol Evans, City Clerk, said this procedure was done in the past for the developers. C/M Hoffman suggested that the Resolution be amended to provide a different schedule and City Attorney Doody said he would draft a Resolution addressing this matter after confirming a procedure with the City Clerk and City Manager. C/M Stelzer suggested that the Public Forum and Reports be placed at the end of the Agenda. City Manager Kelly suggested that the City Council schedule a tour/meeting to visit the Utilities Department to see the sophistication of the Department. City Manager Kelly said at the April 12, 1989 City Council meeting, the City Council Tabled an Item pertaining to the trimming of trees until Florida Power & Light was contacted regarding assistance. He said Florida Power & Light reviewed the area and they agreed to trim 1/3 of the trees that were affected by the powerlines. He said this would offset some of the costs by the City. Finance Department 20. MOTION TO ADOPT Te�T Reso. #5395 accepting the Compre- hensive Annual Financial Report for Fiscal Year 1987/88. SYNOPSIS OF ACTION: TABLED. City Manager Kelly suggested that this Item be Tabled because Stan Brooks, Representative from Touche Ross, could not remain at the meeting. * C/M Hoffman MOVED to TABLE Temp. Reso. #5395, SECONDED by * V/M Bender. VOTE: ALL VOTED AYE Page 24 4/26/89 With no further business, Mayor Abramowitz ADJOURNED this meeting at 12:05 P.M. vetv�� N .MAN ABRAMOWIT , MAYOR C ROL A. EVANS, CITY CLERK -- "This public document was promulgated at a cost of $201.60 or $25.20 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." AS'z ROVED AT MEETIN2:, OF City Clerk Page 25