Loading...
HomeMy WebLinkAbout1988-06-08 - City Commission Regular Meeting Minutesrq u � n ��ORIDP P.O. BOX 25010 TAMARAC, FLORIDA 33320 RECORDS OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 8, 1988 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. Public Works Department 1. a. PRESENTATION to City USA" award Peter Burke. INTRODUCTION Mayor and Council of 1988 "Tree by City forestry representative FINAL ACTION: Presentation was made. b. PRESENTATION of a proclamation by Mayor Abramowitz designating June 15, 1988 as "City of Tamarac Arbor Day". FINAL ACTION: Presentation was made. CONSENT AGENDA 2. Items listed under Consent Agenda, Item 2, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Building Department a. MOTION TO ADOPT Temp. Reso. #5084 releasing a cash bond in the amount of $300.00 posted by Morton Winkel to guarantee the placement of sod at 8547 NW 77 Street, Lot 77, WOODMONT TRACT 57. FINAL ACTION: RESOLUTION NO. R-88-153 PASSED. APPROVED. Page 1 6/8/88 City Clerk 2. b. MOTION TO APPROVE the minutes of the City Council regular meeting of 5/11/88. FINAL ACTION: APPROVED. C. MOTION TO APPROVE renewal of for SPRING HOUSE APARTMENTS from 6/24/88 to 12/24/88. FINAL ACTION: APPROVED. City Manager a model sales permit for a six-month period d. MOTION TO APPROVE attendance by the City Manager at the 9th Annual Florida Economic Development Workshop in Tallahassee, Florida, from July 24 - 27, 1988. FINAL ACTION: APPROVED. Public Works e. MOTION TO AUTHORIZE the appropriate City officials to execute a contract with the Musicians Exchange, Inc., in the amount of $1,000.00 to hire the Nick Valerio Big Band for the Fourth of July Concert to be held on July 3rd at the Tamarac Sports Complex, 9901 NW 77 Street. FINAL ACTION: APPROVED. Utilities/Engineering f. 1. MOTION TO ADOPT Temp. Reso. #5072 releasing warranty Letter of Credit #8856 in the amount of $5,634.38 posted for the water system improvements associated with the WOODLANDS DAY SCHOOL project. 2. MOTION TO ADOPT Temp. Reso. #5082 accepting a bill of sale for the water distribution system improvements associated with the WOODLANDS DAY SCHOOL project. 3. MOTION TO ADOPT_Temp._Reso. _#5083 accepting a Tamarac Utilities West water utility easement offered by Woodlands School, Inc., for the WOODLANDS DAY SCHOOL project. FINAL ACTION• APPROVED fl, f2 and f3. RESOLUTION NO. RESOLUTION NO. RESOLUTION NO. R-88-154 PASSED. R-88-155 PASSED. R-88-156 PASSED. 1 1 1 Page 2 6/8/88 1 1 2. g. MOTION TO AUTHORIZE William H. Greenwood, Director of Utilities Engineering, M.H. Vaillant, Superintendent, and John Harvey, Chief Operator, to visit selected water treatment systems in Central and North Florida to investigate and assess proposed new treatment processes. FINAL ACTION: REMOVED and then APPROVED subject to limiting cost of trip to $1022.00 for three people, eliminating names. OPEN PUBLIC FORUM 3. 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 4. City Council 5. City Manager 6. City Attorney CONSIDERATIONS City Council (V/M Stelzer) 7. DISCUSSION on the following items to determine whether the City Attorney shall be authorized to prepare ordinances related to these items: Amendments to Charter a. Prohibiting Councilmembers from giving directions to members of staff except through the City Manager. b. Removing term limitations of elected officials. (tabled on 5/25/88) FINAL ACTION: DENIED a & b. Finance Department 8. MOTION TO APPROVE transfer of $785,199.00 from TUW Construction Fund accounts to Public Services Building Construction Fund accounts in order to properly account for Public Services Administrative Building project costs. FINAL ACTION: APPROVED. Page 3 6/8/88 Police Department 9. MOTION TO APPROVE purchase of thirty-two (32) mobile radios for Police vehicles from Motorola C.E., Inc., in the amount of $14,599.68 under State contract in lieu of bidding. FINAL ACTION: APPROVED. Utilities/Engineerin 10. MOTION TO APPROVE budget transfer of $20,000.00 from Account #360-872-581-999 Unexpended Trafficway Improve- ment Fund to Account #360-441-544-6DF Nob Hill Road/ TUW Administration Building, Turn Lane, in order to budget funds for a northbound left turn lane on Nob Hill Road to the TUW/Public Works Land Section 7 Administration Building site. FINAL ACTION: APPROVED. 11. MOTION TO APPROVE Change Order #2 to the contract of Conduit and Foundation Corporation in the amount of $13,280.85, for additional work performed by the contractor and credits due the City and to add 30 days to the contract time of completion for TUW Project 86-15, Modifications of 9 Sewage Pump Stations; and to AUTHORIZE the transfer of $13,281.00 from Account 434-393-535-6PF STP Closure & Dismantle to Account #434-393-535-6PG TUW P.S. Modification to fund Change Order #2 and maintain a residual of approximately $52,300.00 in this account. This Change Order increases the contract from $511,787.50 to $525,068.35 and the new date of completion is June 20, 1988. FINAL ACTION: APPROVED. 12. MOTION TO APPROVE Final Payment to Man --Con, Incorporated in the amount of $21,789.40 for drainage improvements construction work and accept the final release of liens for TUW Project 87-23, City Drainage Improvements (Woodlands). P.O. 42673, 42324 & 48183. FINAL ACTION: APPROVED. RESOLUTIONS Building Department 13. MOTION TO ADOPT Tem . Reso. #5001 approving waiver from the provisions of the sign Code pertaining to color requested by BANKATLANTIC in Colony Center (tabled on 5/11/88) FINAL ACTION: RESOLUTION NO. R-88-157 PASSED. APPROVED. 1 1 1 Page 4 6/8/88 14. MOTION TO ADOPT Temp. Reso. #5068 approving waiver from the provisions of the sign Code pertaining to a ground sign requested by Tire Kingdom/Jiffy Lube at FRIEDES COMMERCIAL CENTER (Tamarac Square West). FINAL ACTION: RESOLUTION NO. R-88-158 PASSED. APPROVED subject to execution of agreement regarding sign and site plan (see item 15). Community Development 15. MOTION TO ADOPT Temp. Reso. #5087 approving a revised site plan for FRIEDES COMMERCIAL CENTER reflecting color scheme changes and an additional curb cut for a right turn lane and entranceway. FINAL ACTION: RESOLUTION -NO. R-88-159 PASSED. APPROVED subject to execution of agreement regarding site plan and sign (see item 14). 16. MOTION TO ADOPT Temp. Reso. #5018 authorizing the appropriate City officials to execute a contract between the City and LEIGH ROBINSON KERR & ASSOCIATES, INC., in the amount of $4,500.00 to develop an updated future Land Use Element for the Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehen- sive Planning Act. FINAL ACTION: RESOLUTION NO. R-88-160 PASSED. APPROVED. 17. MOTION TO ADOPT Temp. Reso. #5019 authorizing the appropriate City officials to execute a contract with JOHN W. ANDERSON, JR., A.I.C.P., in the amount of $45.00 per hour, not to exceed $3,200.00, to review and comment on drafts, prepare revised goals, objectives and policies of traffic circulation, conservation, utility, recreation, open space and intergovernmental coordination elements for the Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehen- sive Planning Act. FINAL ACTION: RESOLUTION NO. R-88-161 PASSED. APPROVED. 18. a. MOTION TO ADOPT Temp. Reso. #5026 authorizing the appropriate City officials to execute a contract with PLAN/NET in the amount of $3,500.00 to develop an Evaluation and Appraisal Report assessing the 1979 Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehensive Planning Act. b. MOTION TO ADOPT Temp. Reso. #5027 authorizing the appropriate City officials to execute a contract with PLAN/NET in the amount of $45.00 per hour, not to exceed $4,500.00, to develop an updated Utility Element, Conservation Element, resident and seasonal population estimates and projections, future land use and capital improvements for the Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehensive Planning Act. FINAL ACTION: RESOLUTION NO. R-88-162 PASSED. RESOLUTION NO. R-88-163 PASSED. APPROVED a & b. Page 5 6/8/88 19. MOTION TO ADOPT Temp. Reso. #5085 extending approval of the final site plan for THE FOUNTAINS CORPORATE CENTER for six (6) months. (located on the north side of Commercial Boulevard extending approximately 628-feet west from the southern terminus of the S-curve). FINAL ACTION: APPROVED subject stating they will RESOLUTION NO. R-88-164 PASSED. to receipt of letter from applicant pay CIAC fees in effect today. 20. MOTION TO ADOPT Temp. Reso. #5017 approving and accept- ing an Amendment to the Declaration of Covenants and Restrictions offered by Colony west Joint Venture pertaining to Parcel "R" of WOODLAND LAKES. FINAL ACTION: TABLED until Council receives backup copies of the computerized printout regarding commercial property from data base at Broward County. 21. MOTION TO ADOPT Temp. Reso. #5086 approving a revised site plan for SABAL PALM GOLF COURSE reflecting addi- tion of a driving range and two (2) greens and tees. (northeast corner of Commercial Boulevard and Rock Island Road). FINAL ACTION• TABLED until Council receives information regarding requirement of lavatory in the driving range area. City Council 22. MOTION TO ADOPT Temp. Reso. #5073 appointing one (1) regular and two (2) alternate members to the BOARD OF ADJUSTMENT. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-165 PASSED. APPOINTED the following: Joseph Stokvis Regular Member William Danyluck Alternate Member Charles Rosenberg Alternate Member 23. MOTION TO ADOPT Temp. Reso. #5074 appointing five (5) members to the BOARD OF SOCIAL SERVICES. FINAL ACTION: RESOLUTION NO. R-88-166 PASSED. APPROVED. APPOINTED the following: Helen Sobel Chairman Louis Kaplan Herman Lacoff Bea Lindenman Lillian Silverman Page 6 6/8/88 1 1 F-1 24. MOTION TO ADOPT Temp. Reso. #5075 appointing four (4) members to the CODE ENFORCEMENT BOARD. FINAL ACTION: RESOLUTION NO. R-88-167 PASSED. APPROVED. APPOINTED four members. The following three members appointed to three year terms to expire June 25, 1991: Morris Glicksman Irving Katz Edward Klein One member to fill a vacated position expiring June 25, 1990. Louis Sohn 25. MOTION TO ADOPT Temp. Reso. #5081 appointing seven (7) members to the CONSUMER AFFAIRS BOARD. FINAL ACTION: APPROVED. RESOLUTION NO. R-88--168 PASSED. APPOINTED the following: Irving Lopatey Chairman Fred Adler Harold Blank Nat Cohen Norman DuBois Sam Polinsky Curt Rosenfeld 26. MOTION TO ADOPT Temp. Reso. #5076 appointing five (5) members to the INSURANCE ADVISORY BOARD. FINAL ACTION: RESOLUTION NO. R--88--169 PASSED. APPROVED. APPOINTED the following: John Assenzio Chairman Maury Kramer Leo Platz Joseph Schreiber Hy Zipstein 27. MOTION TO ADOPT Temp. Reso. #5077 appointing five (5) members to the INVESTMENT ADVISORY BOARD. FINAL ACTION: RESOLUTION NO. R-88-170 PASSED. APPROVED. APPOINTED the following: Walter Bloecker Leo Platz Henry Shulman Edwin Solomon Ben Zuger 28. MOTION TO ADOPT Temp. Reso. #5078 appointing seven (7) meiBers to the PARKS AND RECREATION BOARD. FINAL ACTION: RESOLUTION NO. R-88-171 PASSED. APPROVED. APPOINTED the following: Karen Dickerhoof Chairman Darlene Cappelluti Kevin Duffy Peter Lamson Smith Irving Vitrofsky Page 7 6/8/88 29. MOTION TO ADOPT Temp. Reso. #5079 appointing a PARKS COMMISSIONER. FINAL ACTION: RESOLUTION NO. R-88-172 PASSED. APPROVED. APPOINTED Louis Solomon as Parks Commissioner. 30. MOTION TO ADOPT Temp. Reso. #5080 appointing five (5) regular members and two a ternate members to the PUBLIC INFORMATION BOARD. FINAL ACTION: RESOLUTION NO. R-88-173 PASSED. APPROVED. APPOINTED the following: Louis Silverman Ben Chicof sky Muriel Davis Jack Leff Herman Shulman Esther Garfinkel Sam Tepper Chairman Regular Member Regular Member Regular Member Regular Member Alternate Member Alternate Member 31. DISCUSSION as to whether the City Attorney should draft legislature urging the Department of Transportation to arrange for installation of proper signs at approaches to every exit on the Florida Turnpike in Broward County designating the name of the City or Cities adjacent to the various exits from the turnpike. FINAL ACTION: APPROVED. City Manager 32. MOTION TO ADOPT Temp. Reso. #5058 authorizing the appropriate City officials to execute an Agreement with Scharf & Associates, Inc., in the amount of $75,000.00 to provide architectural services for the Tamarac Multipurpose Center. FINAL ACTION: APPROVED, RESOLUTION NO. R-88-174 PASSED. Public Works/Parks and Recreation 33. MOTION TO ADOPT Temp. Reso. #5062 awarding Bid #88-21 in the amount of $3,895.00 to Lesh Drilling Incorporated for the Tamarac Park Ballfield Renovation Well Drilling. FINAL ACTION• APPROVED. RESOLUTION NO. R-88-175 PASSED. 34. MOTION TO ADOPT Temp. Reso. #5063 awarding Bid #88-22 in the amount of $6,125.00 to Turf Master, Inc., for Tamarac Park Ballfield Renovation Land Preparation. FINAL ACTION: RESOLUTION NO. R-88-176 PASSED. APPROVED. 35. MOTION TO ADOPT Temp. Reso. #5064 awarding Bid #88-23 in the amount of $8,750.00 to Turf Master, Inc., for Tamarac Park Ballfield Renovation Bermuda Sprigging. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-177 PASSED. Page 8 6/8/88 1 1 �l E 36. MOTION TO ADOPT Temp. Reso. #5065 awarding Bid #88-24 in the amount of $18,731.44 to Melrose Supply & Sales Corporation for Tamarac Park Ballfield Renovation Irrigation Materials and Equipment. FINAL ACTION: APPROVED. RESOLUTION NO. R=88-178 PASSED. 37. MOTION TO ADOPT Temp. Reso. #5066 awarding Bid #88-25 in the amount of $2,489.00 to Accurate Tennis Courts, Inc., for Tamarac Park Tennis Court Resurfacing. FINAL ACTION• APPROVED. PUBLIC HEARING - 7:30 P.M. Finance Department RESOLUTION NO. R-88-179 PASSED. 38. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5071 adopting an amended budget for Fiscal Year 1987/88. FINAL ACTION• APPROVED. RESOLUTION NO. R--88--180 PASSED. ORDINANCES PUBLIC HEARING - 7:30 P.M. Community_Development 39. a. MOTION TO ACCEPT Affidavits of Publication and Posting for _Temp. Ord. #1386 Petition #16-Z-88. - b. PUBLIC HEARING - MOTION TO ADOPT Temp._Ord. #1386 on second reading concerning a request by MARTIN L. RIEFS for LENNAR HOMES, INC., to rezone the lands proposed for FAIRFAX RECREATION AREA, which are located in the middle of Tract 15A between Noh Hill Road and NW 108 Terrace, from R-3 (Low Density Multiple Dwelling) to S-1 (Open Space/Recreational). Petition #16-Z-88 FINAL ACTION: ORDINANCE NO. 0-88-13 PASSED. a. ACCEPTED Affidavits. b. APPROVED on second reading. Public hearing was held. Utilities/Engineering 40. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1388 on second reading to vacate the interior 3-feet of the 15-foot utility easement surrounding Block 4 of THE LANDINGS ON CYPRESS GREENS as recorded in Plat Book 131, Page 31. FINAL ACTION: ORDINANCE NO. 0-88-14 PASSED. APPROVED on second reading. Public hearing was held. Page 9 6/8/88 Community Development 41. MOTION TO ADOPT Temp. Ord. #1391 on first reading to amend Article 11, Division 2, Section 15-6 (b) (1) of the Code to provide that the definition for "commercial vehicles" shall include limousines and other vehicles for hire. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held during the regular City Council meeting, June 22, 1988, at 10:00 a.m. Utilities/Engineering 42. MOTION TO ADOPT Temp. Ord. #1389 on first reading amending Chapter 27 of the Code pertaining to water and sewer utilities owned and operated by the City, amend- ing Section 27, Article I, Section 27-33 of the Code relating to surcharges for customers outside of the City limits, deleting and repealing in its entirety Section 27, Article I, Section 27-36.3 of the Code relating to the east utility revenue generation system requirements. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held during the regular City Council meeting, June 22, 1988, at 10:00 a.m. 43. MOTION TO ADOPT Temp. Ord. #1390 on first reading relating to rates and charges applicable to City utilities, amending Section 27-51(b) relating to payment of contribution charges, amending the defini- tion for equivalent residential connection (ERC), providing for a method to determine the residential equivalency for commercial water uses, providing for a method to determine the residential equivalency for irrigation water uses, deleting outdated provisions relating to meter size and its residential equivalency factor for irrigation uses. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held during the regular City Council meeting, June 22, 1988, at 10:00 a.m. 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. i � J Carol E. Barbuto City Clerk 1 iF I 1 Page 10 6/8/88 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 8, 1988 TAPE 1 CALL TO ORDER; Mayor Abramowitz called this meeting to Order on Wednesday, June 8, 1988 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation. Di2RgRM'T' e ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr John P. Kelly, City Manager Richard Doody, City Attorney Carol E. Barbuto, City Clerk Pauline Walaszek, Special Services Secretary Mayor Abramowitz said in the past there has been confusion regarding the ability to receive input from the public. He said he received Agendas from many of the Cities regarding how public speaking was conducted and the City Attorney also ruled on the matter. He said the Agenda contained an Open Public Forum whereby anyone in the audience, by giving their name to the City Clerk, could address Council on any subject that is not on the Agenda. He said the Agenda also contained Public Hearings on certain matters during which the Public may give their input to Council. Mayor Abramowitz said the City Council would allow the public to speak on any Item on the Agenda if the public raised their hand. He said the public would be recognized and asked to hold their comments to a maximum of three minutes. INTRODUCTION Public Works Department 1. a. PRESENTATION to Mayor and Council of 1988 "Tree City USA" Award by City forestry representative Peter Burke. b. PRESENTATION of a proclamation by Mayor Abramowitz designating June 15, 1988 as "City of Tamarac Arbor Day". SYNOPSIS OF ACTION: a. PRESENTATION was received by Mayor Abramowitz. b. PRESENTATION was received by Mike Couzzo, Director of Public Works/Recreation. a. Peter Burke, Forestry Representative, read the award and presented it to Mayor Abramowitz. Page 1 Mayor Abramowitz said on behalf of the City Council and staff, he accepted this award with pride and pleasure. He said the plaque signified more than an honorary portion of the beautification of the City of Tamarac. He said the benefits in receiving the award as a "Tree City U.S.A." Community are many and he thanked the Forestry Division. b. Mayor Abramowitz read the proclamation and presented it to Mike Couzzo, Director of Public Works/Recreation. Mr. Couzzo thanked the City Council for the proclamation. Utilities/En ineerin g. MOTION TO AUTHORIZE William H. Greenwood, Director of Utilities Engineering, M.H. Vaillant, Superintendent, and John Harvey, Chief Operator, to visit selected water treatment systems in Central and Northern Florida to investigate and assess proposed new treatment processes. SYNOPSIS OF ACTION: REMOVED for Separate Discussion. (SEE PAGE 4 for Final Action.) * V/M Stelzer MOVED to REMOVE Consent Agenda Item 2. g. for * separate discussion, SECONDED by C/M Hoffman. VOTE: City Council ALL VOTED AYE 31. MOTION TO ADOPT Temp- Reso. #5070 urging the Department of Transportation to arrange for installation of proper signs at approaches to every exit on the Florida Turnpike in Broward County designating the name of the City or Cities adjacent to the various exits from the turnpike. SYNOPSIS OF ACTION: REMOVED Temp Reso. #5070 and changed the Item to "DISCUSSION as to whether the City Attorney should drsft legislation". (SEE PAGE 15 for Final Action) * V/M Stelzer MOVED to REMOVED Temp. Reso. #5070 and change * the Item to "Discussion as to whether the City Attorney * should draft legislation", SECONDED by C/M Rohr. VOTE: ALL VOTED AYE CONSENT AGENDA Item 2 a. through g. Building De artment 2. a. MOTION TO ADOPT Temp. Reso. #5084 releasing a cash bond in the amount of $300.00 posted by Morton Winkel to guarantee the placement of sod at 8547 NW 77 Street, Lot 77, WOODMONT TRACT 57. SYNOPSIS OF ACTION: RESOLUTION NO. R-88--153 _ PASSED APPROVED. Page 2 City Clerk b. MOTION TO APPROVE the minutes of the City Council regular meeting of 5/11/88. SYNOPSIS OF ACTION: APPROVED. c. MOTION TO APPROVE renewal of a model sales permit for SPRING HOUSE APARTMENTS or a six-month period from 6/24/88 to 12/24/88. SYNOPSIS OF ACTION: APPROVED. C� Manager d. MOTION TO APPROVE attendance by the City Manager at the 9th Annual Florida Economic Development Workshop in Tallahassee, Florida, from July 24 - 27, 1988. SYNOPSIS OF ACTION: APPROVED. Public Works e. MOTION TO AUTHORIZE the appropriate City officials to execute a contract with the Musicians Exchange, Inc., in the amount of $1,000.00 to hire the Nick Valerio Big Band for the Fourth of July Concert to be held on July 3rd at the Tamarac Sports Complex, 9901 NW 77 Street. SYNOPSIS OF ACTION: APPROVED. Utilities/Engineering f. 1. MOTION TO ADOPT Temp. Reso. 45072 releasing warranty Letter of Credit #8856 in the amount of $5,634.38 posted for the water system improvements associated with the WOODLANDS DAY SCHOOL project. 2. MOTION TO ADOPT Temp. Reso. #5082 accepting a bill of sale for the water distributio system improvements associated with the WOODLANDS DAY SCHOOL project. 3. MOTION TO ADOPT Temp. Reso. #5083 accepting a Tamarac Utilities West water utility easement offered by Wood- lands School, Inc., for the WOODLANDS DAY SCHOOL project. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-154 - PASSED APPROVED 1, 2 and 3. RESOLUTION NO. R-88-155 - PASSED RESOLUTION NO. R-88-156 PASSED g. MOTION TO AUTHORIZE William H. Greenwood, Director of Utilities Engineering, M.H. Vaillant, Superintendent, and John Harvey, Chief Operator, to visit selected water treatment systems in Central and Northern Florida to investigate and assess proposed new treatment processes. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 1. (SEE PAGE 4 for Final Action). * C/M Rohr MOVED to APPROVE the Consent Agenda Item 2 a. through * f., with the exclusion of g., SECONDED by C/M Hoffman. Page 3 •✓ VOTE: Utilities/Engineering ALL VOTED AYE g. MOTION TO AUTHORIZE William H. Greenwood, Director of Utilities Engineering, M.H. Vaillant, Superintendent, and John Harvey, Chief Operator, to visit selected water treatment systems in Central and Northern Florida to investigate and assess proposed new treatment processes. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 2. APPROVED subject to the tours not exceeding $1,022.00 for 3 appropriate staff members. V/M Stelzer said the request for the tours indicate $1,200.00; however, the letter indicates $1,022.00. * V/M Stelzer MOVED to APPROVE this Item subject to the tours * not exceeding $1,022.00 for 3 appropriate staff members, * SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE OPEN PUBLIC FORUM 3. OPEN PUBLIC FORUM Marvin Cohen, Resident at 7816 N.W. 67 Avenue, had concerns with.his water bill being so high. He said he understood the matter to be because of his watering the grass. He said he confronted the Utilities Department regarding getting another meter for the water used for the lawn; however, the additional meter would cost approximately $1,000.00. He asked why he had to pay costs for the water he used on his grass. He asked what the charges for water fees and debt services were. C/M Hoffman said there would be a Resolution that would permit the residents to buy another meter for $150.00. He said this problem was recognized after the Town Meeting and the City was taking action to correct the problem. He said the second meter would not contain sewer charges. C/M Hoffman said the people in the City of Tamarac voted to have Bond issues for the 201 Project and pure water. He said the Bond issues had to be paid by the users of the water; therefore, the Debt Service on the bills paid off the Bonds. Mr. Cohen had concerns about reflectors not being completed through Sunflower/Heathgate. He had concerns regarding the full stop sign on 71 Avenue and he said this stop sign may cause an accident. Mayor Abramowitz asked Mr. Cohen to to the City Council in writing. He Council received the concerns, the corrected, if need be. submit his concerns said once the City Problems would be 1 1 Page 4 PUBLIC HEARING - 7:30 P.M. Finance Department 38. PUBLIC HEARING - MOTION TO ADOPT TeU. Reso. #5071 adopting an amended budget for Fiscal Year 1987 88. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-180 - PASSED Public Hearing Held. APPROVED. City Attorney Doody read Temp. Reso. #5071 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5071, SECONDED by * C/M Bender. Ken Burroughs, Finance Director, said this Resolution would Amend the Budget that was effective October 1, 1987. He said the Amendment would increase the Budget by $602,241.00 and the Items were previously discussed with the City Council at a Workshop meeting concerning the increases in Pension costs, Self/Health Insurance, FPE Contract, Time/Pool Bank transfers and $1,500.00 in Federal Revenue Sharing. V/M Stelzer said the Resolution should read "the Budget for the General Fund and Tamarac Utilities West (TUW)". He said the Amendments should be approved on separate Resolutions. He said the City did not Adopt the Budget on one Resolution and Mr. Burroughs said the Budget was Adopted this way in October, 1987. * V/M Stelzer MOVED to TABLE this Item until the Resolution * indicates that the Budget Amendment would be for the General * Fund and TUW. Motion FAILED for lack of a Second. City Attorney Doody said to do this, a Public Hearing would have to be advertised. C/M Hoffman asked if this Resolution was correct and City Attorney Doody said he understood this would be correct because the prior Budget was Adopted by a single Resolution and this Resolution Amends the prior Resolution. V/M Stelzer said all of the Improvements Funds for the Budget were Adopted as a separate Item. He said the Resolution should indicate that there are Amendments for two different entities. Mayor Abramowitz asked if these Amendments were proper and legal as written and City Attorney Doody replied, yes. Mayor Abramowitz Opened the Public Hearing. Melanie Reynolds, Resident of Sands Point, said according to the Charter, the Budget was not legally Adopted in October. She said the Charter called for the Budget to be Adopted by Ordinance and it was Adopted by Resolution. Mrs. Reynolds said the audience has always had the opportunity to see the figures when the Budget was Amended. She said there were no figures available for the people at this time. Page 5 `J Ken Burroughs said the figures were on file with the City Clerk since the day the Amended Budget was advertised. City Attorney Doody said the issue regarding the Budget Adoption by Resolution and Ordinance has been on --going. He said the Charter did not state that the Budget had to be Adopted by Ordinance. He said the Charter stated that the Budget Adoption should be done as provided for by the General Law. He said General Law meant the State Statute which clearly provides that the Budget could be Adopted either by Ordinance or Resolution. He said the Charter did state several years ago that the Budget shall be Adopted by Ordinance; however, the Charter was changed at the time the State Statute was changed. City Attorney Doody said it was proper to Adopt the City's Budget by Resolution. C/M Rohr said Mrs. Reynolds has been commenting on this matter for several months. He said the matter was brought to the Charter Board and their Attorney investigated the issue and advised them that the Adoption the Budget by Resolution was proper because the Charter stated that the Adoption of the Budget shall be General Law and the State Statute said General Law meant Ordinance or Resolution. C/M Rohr said the Budget was Adopted with the City Attorney's advice. He said this issue should be dismissed. Stan Bernard, Vice Chairman of the Charter Board, said the Charter Board's Attorney investigated the matter regarding the Adoption of the Budget and advised that the Budget was Adopted properly. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE ORDINANCES Community Development 39. a. MOTION TO ACCEPT Affidavits of Publication and Pasting for Temp. Ord. #1386. Petition #16-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1386 on second reading concerning a request by MARTIN L. RIEFS for LENNAR HOMES, INC., to rezone the lands proposed for FAIRFAX RECREATION AREA, which are located in the middle of Tract 15A between Nob Hill Road and NW 108 Terrace, from R-3 (Low Density Multiple Dwelling) to S-1 (Open Space/Recreational). Petition #16-Z-88 SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-13 - PASSED Public Hearing Held. a. ACCEPTED Affidavits. b. APPROVED on second reading. * a. C/M Rohr MOVED to ACCEPT the Affidavits of Publication and * Posting for Temp. Ord. #1386, SECONDED by C/M Bender. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1.386 by title. * C/M Bender MOVED to APPROVE Temp Ord. #1386 on second reading, * SECONDED by C/M Hoffman. Page 6 J E Thelma Brown -Porter, City Planner, said the Master File number is 3-88 and the purpose of the exception is rezoning to S-1 for a Recreation Area for the Fairfax development. She said the number of acres involved are 3.53 and she recommended this Item be approved. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: Utilities/Engineering ALL VOTED AYE 40. PUBLIC HEARING - MOTION TO ADOPT Te- mp. Ord. #1388 on second reading to vacate the r terior 3-feet of the 15-foot utility easement surrounding Block 4 of THE LANDINGS ON CYPRESS GREENS as recorded in Plat Book 131, Page 31. SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-14 - PASSED Public Hearing Held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1388 by title. * C/M Bender MOVED to APPROVE Temp. Ord. 41388 on second reading, * SECONDED by C/M Hoffman. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: REPORTS 4. City Council Reports ALL VOTED AYE C/M Hoffman reported that he would like the City's Sign Ordinance Amended because of the various requests for waivers. He said there are several signs in the City that do not coincide with the surrounding developments. He said the City Code provides that the City Council must grant waivers to developers who have logos regardless of the City's standards. He said the provision in the Code that requires the City to comply with Logos should be removed. He suggested the City Attorney investigate the matter and prepare a change in the Sign Ordinance mandating the City's color criteria regardless of a Logo. V/M Stelzer said this matter was not Agendized; therefore, the City Council should not discuss the matter. He said the City Council agreed to place proposed Ordinances and Resolutions on the Agenda for discussion and direction to the City Attorney for drafting providing the majority of the City Council approved it. C/M Hoffman said the City Council agreed that any Councilmember could request that the City Attorney be instructed to draft legislation if the three Councilmembers approved the legislation. He said he would like an indication from the City Council at this time if they agreed to the legislation being drafted. Mayor Abramowitz said he believed the matter should be proposed during City Council reports. Page 7 TAPE 2 V/M Stelzer said at the May 25, 1988 City Council meeting, the City Council Agendized items that were to be approved by City Council for the drafting of legislation. He said the City Council agreed to discuss the drafting of legislation by Agendizing it. He asked the City Attorney how the matter was supposed to be handled. City Attorney Doody said he was looking for some indication by the City Council that they approved of the drafting of legislation to avoid unnecessary paper work. He said he would be happy to draft any legislation that a Councilmember proposed providing the majority of the City Council approved. V/M Stelzer said at the May 25, 1988 City Council meeting, a procedure was implemented regarding how the drafting of legislation should be handled. He said the procedure for the drafting of legislation was not to propose the items during Council Reports. Mayor Abramowitz asked C/M Hoffman to defer this request until a legal ruling was received regarding the City Council's decision on how the proposed matters are to be handled. C/M Hoffman said he would detain his request. C/M Rohr reported that the Public Works Department began installation of sprinkler systems throughout the medians of Commercial Boulevard and, after the completion of construction, University Drive. He said the sprinklers would further beautify the medians throughout the City. C/M Bender reported that the Community Development Department was engaged with the compliance of the States Growth Management Act. He said the City is required to prepare a Comprehensive Plan which would be in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehensive Planning Act. He said State funds were supposed to be forthcoming for the work required by the City; however, the State was in arrears in the amount of $16,785.00 with a balance of $47,280.00 due by December, 1988. He said the total Grant was in the amount of $58,553.00 and, during a recent visit to Tallahassee, the City Council investigated the freeze on these funds. He said the problem was found and several days after the visit, Tallahassee informed the City that the funds would be released immediately. C/M Bender reported that the area surrounding Visual Graphs s Corporation would soon be landscaped and beautified. He said Visual Graphics would be spending approximately $60,000.00 on landscaping and $20,000.00 for irrigation to beautify the area surrounding their property. V/M Stelzer reported that he relinquished his position as Budget Liaison. Mayor Abramowitz - No report. 5. City Manager Report Cox Manager Kelly reported that Bill Greenwood, Director of Utilities Engineering, tended his resignation effective June 17, 1988. He said the City was losing a very good man. He said Mr. Greenwood accomplished the challenge of implementing approximately $24,000,000.00 in capital improvements under the Budget and on schedule. He said Page 8 % 1 1 1 6/8/88 11 1 Mr. Greenwood attended several hearings of the Department of Environmental Regulations and Broward County Environmental Quality Control Board for numerous sanctions and fines against the City for non-compliance. He said Mr. Greenwood spent a considerable amount of time arguing and lobbying about the fees due by the City of Tamarac. He thanked Mr. Greenwood for his tenure and accomplishments in the City of Tamarac. 6. City Attorney - No report. CONSIDERATIONS City Council (V/M Stelzer) 7. DISCUSSION on the following items to determine whether the City Attorney shall be authorized to prepare ordinances related to these items: Amendments to Charter a. Prohibiting Councilmembers from giving directions to members of staff except through the City Manager. b. Removing term limitations of elected officials. (tabled on 5/25/88) SYNOPSIS OF ACTION: DENIED a. and b. DIRECTED the City Attorney to investigate whether the Charter Board could submit an Amendment regarding 7. a., since the City Council voted against it and DIRECTED the City Attorney to seek the Attorney General's opinion regarding the legality of the Charter Board submitting Amendments for the Ballot without City Council Approval. V/M Stelzer asked City Attorney Doody if the Governing Body had the right to put Amendments on the Ballot and City Attorney Doody replied, yes. V/M Stelzer asked if the City Council was the Governing Body of the City and City Attorney Doody replied, yes. V/M Stelzer asked if there was a reason why the City Council could not put Amendments on the Ballot and City Attorney Doody replied, no. * V/M Stelzer MOVED to PLACE Item a. on the November Ballot. V/M Stelzer said there has been too much interference by the City Council with the City staff in prior years. He said he did not want a situation like the surrounding Cities where the City Council directed staff to do things. C/M Hoffman asked if the City Council's Secretaries would have to consult with the City Manager before following City Council requests and City Manager Kelly replied, no. V/M Stelzer said this matter was approved by the Charter Review Committee, Charter Board, and, the previous City Attorney and Mayor. He said the matter was in the City's Municipal Code as follows: "Except for the purpose of inquiries and investigations, under Section 12.01, the Council or its members shall deal with City offices and employees, who are subject to the direction and supervision of the Manager, solely through Page 9 J the Manager. Neither the Council nor its members shall give orders to any such officers or employee, either publicly, or privately." V/M Stelzer said this meant staff who are controlled by the City Manager. He said the Secretaries in the City Council office are under the City Council's control and did not take orders from the City Manager. Mayor Abramowitz asked if every employee, except for the City Attorney, was under the supervision of the City Manager and City Manager Kelly replied, yes. C/M Rohr said V/M Stelzer was referring to the Department Heads as opposed to all City employees. He said the City Council was being indited by something done in the past and asked the City Manager if there were any problems at this time. He asked the City Manager if the procedure being followed at this time could continue and City Manager Kelly replied, yes. City Manager Kelly said he was generally in support of what V/M Stelzer was trying to accomplish. He said he was not having problems with interference in direction; however, he understands this proposal is to preclude a recurrence of problems that had occurred in the past. He said he is not having the problems which occurred in the past at this time. Mayor Abramowitz Opened the discussion to Public input. Mrs. Reynolds said when Elly Johnson was the City Manager, the Cocoa Beach Charter was presented to the City, which had this type of provision. She said the proposal came to the Charter Board too late and the Charter Board asked the City Council to place the Amendment on the Ballot and the Amendment was refused by the City Council. She said this was a General provision of most Charters. Mayor Abramowitz said he understood the intent of the proposal made by V/M Stelzer; however, he felt there would be problems between the City Council and the Charter Board. He said there were two elected Bodies in the City which are the City Council and the Charter Board. He said he was aware of a situation which has developed with the two bodies and the ruling of the City Attorney regarding the City Council placing matters on the Ballot. He said he did not want the two elected bodies of the City to be against each other. He said he would prefer to have this Amendment placed on the Ballot by the body who was elected to do the job. Mayor Abramowitz said he has been informed that the Charter Board had Amendments to put on the Ballot and, as a member of the City Council, he would like the Charter Board to submit the Amendments for the Ballot. He said if the Charter Board would and could not place Amendments on the Ballot, he would like the matter to be brought back to the City Council so it could be placed on the Ballot. * C/M Rohr SECONDED V/M Stelzer's MOTION to PLACE the Amendment * on the November Ballot. Page 10 v' VOTE: Mayor Abramowitz -- Nay Vice Mayor Stelzer - Aye C/M Bender - Nay C/M Hoffman - Nay C/M Rohr - Nay The Motion was DEFEATED by a 4 to 1 vote. V/M Stelzer asked if the Charter Board had the right to place this Item on the November Ballot since the City Council turned the Amendment down. City Attorney Doody said he would investigate the matter and report back to the City Council with his findings. * b. C/M Bender MOVED to APPROVE Item b., SECONDED by C/M Rohr. * V/M Stelzer MOVED to REMOVE Item b. Motion FAILED for lack of a Second. Dr. Alfred Wald, Charter Board Chairman, said the Charter Board has not concerned themselves with the Amendment proposed by V/M Stelzer at this time; however, the Item would be discussed in the future. Dr. Wald said the Charter Board does not have to receive the City Council's permission to place Amendments of the Charter on a Ballot. He said the Charter Board directs the City Clerk to submit the Amendments to the County for the Ballot and this procedure was according to the Charter as it now stands. Dr. Wald said as Chairman of the Charter Board, he was trying to correct the wrong information reported by several people about the Charter Board. He said the Charter Board was aware of its responsibility to the people of Tamarac and has been working diligently since 1987, to prepare Amendments for the November 8, 1988 Ballot. He said the Charter Board did not want to subject the City to an extra expense for a special election nor did the Charter Board want to expose the people to Amendments they have rejected in the past. Dr. Wald said the Charter Board wanted the newly elected Charter Board members to have input on the proposed Amendments. He said the Charter Board stated that they would have Amendments for the November Ballot; however, the entire Charter would not be able to be reviewed. Dr. Wald said the Charter Board has directed their Attorney to prepare a number of Amendments for the November Ballot and a Public Hearing would be held on June 10, 1988, at 8:30 A.M. at which the following Amendments would be presented: 1) Section 4.02, City Council Terms of Office. Amendment is to be three (3) two year terms with the right to be elected three times. 2) Section 1.15 (b), City Council Forfeiture of Office. Amendment concerns a Councilmember who missed 3 consecutive meetings or 5 out of 7 consecutive meetings and would forfeit his Office unless excused by the Mayor. 3) Section 4.05 (c), City Council Forfeiture of Office. Amendment concerns a vacancy with less than 180 days remaining in Office, the City Council would be able to fill the vacancy. If the vacancy has more than 180 days or if the vacancy is that of the Mayor, a General Election was needed. Page 11 J 6/8/88 4) Section 5.04, City Manager. Amendment is to be the spelling out of the authority of the City Manager by the approval of the City Council. 5) Section 8.01, Charter Board Terms of Office. Amendment is to be 3 two year terms with the right to be elected three times. 6) Section 8.01 (c), Charter Board Terms of Office. Amendment concerns a vacancy of less than 180 days remaining for an Office, the Charter Board would be able to fill the vacancy. If the vacancy has more than 180 days, a General Election was needed. 7) Section 8.02 (a), Charter Boards Duties and Powers. There are several small changes. Dr. Wald said the City Council and the Charter Board were the only elected bodies in the City and he hoped that the adverse publicity was a thing of the past. He said he hoped that the City Council and the Charter Board could cooperate and work together for the common good and benefit of the citizens of Tamarac. V/M Stelzer said Section 166.031 of State Statute stated, "The Governing Body of a Municipality may place proposed Amendments of the Charter, which Amendment may be part or all of said Charter. The Governing Body of the Municipality shall place the proposed Amendments contained in the Ordinance or petition." V/M Stelzer said the Charter Amendments must be placed on the Ballot by Ordinance and the Charter did not provide that the Charter Board could write Ordinances. He said the Charter Board had to come before the City Council with the Amendments so the City Council could approve the drafting of the Ordinance and present the Ordinance to the County. He said it was illegal for the Charter Board to put the Amendments on the Ballot; therefore, he asked the City Attorney if the Attorney General's Office commented on the matter. City Attorney Doody said the City Council never formally requested an opinion from the Attorney General; however, he discussed this matter with the Attorney General's Office informally and they asked for all the information in writing in order to give a formal opinion. V/M Stelzer asked if City Attorney Doody received an opinion from the Broward County Supervisor of Elections Office regarding the Charter Board violating Section 166.031 of the State Statute if they submitted Amendment for the November 8, 1988, Ballot. City Attorney Doody replied, no. V/M Stelzer said he charged the City Attorney to get the information and a ruling regarding the Charter Board placing Amendments on the Ballot without City Council approval. City Attorney Doody asked if the majority of the City Council wanted this matter researched. Mayor Abramowitz said he would like this matter researched and C/M Rohr agreed. City Attorney Doody asked if the City Council wanted the Attorney General's opinion on this matter and the City Council replied, yes. City Attorney Doody said with the City Council's Direction, he would write the Attorney Page 12 �� LJ r _._, L General's Office for an opinion on the matter. The City Council DIRECTED the City Attorney to seek the Attorney General's opinion on the matter. Isaac "Zeke" Feldman, Charter Boardmember, said it seemed that V/M Stelzer was trying to create a bitter feud between the City Council and the Charter Board. He said V/M Stelzer was trying to eliminate the Charter Board from the City. He said there were articles written in the Fort Lauderdale News/Sun Sentinel regarding V/M Stelzer's opposing the Charter Board's existence. Mayor Abramowitz suggested Mr. Feldman discuss the matter regarding the Charter Board's legal right to place Amendments on the Ballot. He said what Mr. Feldman was discussing did not pertain to the matter on the Agenda. Mr. Feldman said the Charter Board and the City Council could work in harmony in the future providing the City Council and the Charter Board were allowed to do their job with the power given to them by the people. Irving Polk, Chairman of the Belford Neighborhood Association, said the matter regarding the Terms of Office was voted down by the people last year and he did not feel the City Council or the Charter Board had the power to supersede the voters decision. Mayor Abramowitz said the Amendment could be placed on the Ballot as many times as they felt necessary. He said the people could vote on the matter as many times as it is before them. VOTE: Mayor Abramowitz - Nay V/M Stelzer - Aye C/M Bender - Nay C/M Hoffman - Nay C/M Rohr - Aye Motion to APPROVE the Drafting of Item 7. b. was DEFEATED by a 3 to 2 Vote. Community Development 21. MOTION TO ADOPT Temp. Reso. #5086 approving a revised site plan for SABAL PALM GOLF COURSE reflecting addition of a driving range and two (2) greens and tees. (northeast corner of Commercial Boulevard and Rock Island Road). SYNOPSIS OF ACTION: TABLED until the Chief Building Official investigates the requirement of a restroom in the driving range area. * C/M Hoffman MOVED to CONSIDER Item 21 out of the order in * which it is presented on the Agenda, SECONDED by C/M Bender. City Attorney Doody said Robert's Rules of Order stated that if there was no objection on a Motion, the Item could continue. There were no objections by the City Council to proceed with item 21. City Attorney Doody read Temp. Reso. #5086 by title. * C/M Hoffman MOVED to DISCUSS this Item, SECONDED by C/M Bender. Page 13 J 6/8/88 Mrs. Brown --Porter said the zoning on the property is S--1 and the Master File is 70-76. She said the legal description of the property was a portion of Sections 12 and 13, Township 49 south, Range 41 east and the type of use requested is a revised site plan to add a driving range, 2 greens and 2 tees. C/M Hoffman asked if there was anything in the plans for a restroom in the driving range area and Mrs. Brown -Porter replied, no. C/M Hoffman asked if a restroom in the driving range area was required by the South Florida Building Code. Bob Jahn, Chief Building Official, said he would like to investigate this matter before submitting his answer to the City Council. * C/M Hoffman MOVED to TABLE this Item until the Chief Building * Official investigates the requirement of a restroom in the * driving range area, SECONDED by C/M Bender. Because of the audiences' disapproval, Mayor Abramowitz said the City Council was trying to do the best possible thing for the City; therefore, if the City Council wanted staff's opinion before making a decision, the proper thing to do was to Table the Item until an opinion was received from staff. He said the concern by the City Council regarding restroom facilities was a valid concern and staff should be able to investigate the matter in order to recommend the approval assuring the City and the City Council that all the requirements were complied with. After discussion, the City Attorney ruled that there should not be a discussion on a Motion to Table unless the Motion to Table was Withdrawn or the Maker of the Motion deferred the Motion to Table for discussion. C/M Hoffman DEFERRED his Motion to Table for the purpose of discussion. V/M Stelzer said he has never seen a watering station at any driving range and objected to the Motion to Table. Davis W. Duke, Jr., Attorney for developer, said he agreed with V/M Stelzer regarding water stations on driving ranges. He asked the City Council to consider their Motion to Table because the City had a very professional staff which reviewed these revisions. He said if the matter was an issue, the staff would have confronted the developer about it. VOTE: Mayor Abramowitz - Aye V/M Stelzer - Nay C/M Bender - Aye C/M Hoffman -- Aye C/M Rohr - Aye Mayor Abramowitz RECESSED the meeting for 5 minutes and RECONVENED with ALL PRESENT. Page 14 i 1 �7 City Council 31. DISCUSSION as to whether the City Attorney should draft the legislation urging the Department of Transportation to arrange for installation of proper signs at approaches to every exit on the Florida Turnpike in Broward County designating the name of the City or Cities adjacent to the various exits from the turnpike, SYNOPSIS OF ACTION: REMOVED Temp.- Reso. #5070 and changed the Item to "DISCUSSION as to whether the City Attorney should draft legislation" on Page 2. APPROVED the City Attorney drafting the appropriate legislation. City Attorney Doody read the proposed Resolution by title. City Attorney Doody said he was looking for Direction from the City Council to proceed with the legislation. V/M Stelzer said a Resolution regarding this matter was passed by the Broward County League of Cities on May 5, 1988. He said the matter was brought before the City Attorney and was long overdue for approval. City Attorney Doody said this matter was not brought to his attention; however, he would draft the Resolution and bring it back to the City Council for approval at the next Regular City Council meeting. The City Council DIRECTED City Attorney Doody to draft the appropriate legislation for this matter. Finance Department 8. MOTION TO APPROVE transfer of $785,199.00 from TUW Construction Fund accounts to Public Services Building Construction Fund accounts in order to properly account for Public Services Administrative Building project costs. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender. V/M Stelzer suggested break -down of $785,199.00 be implemented because there was nothing in the back-up indicating the purpose of the funds. Mr. Burroughs, Finance Director, said the money was presently in the TUW Construction Fund and has been in the Fund since the 1986 Bond issue. He said the money was approved for the TUW Administration Complex and, since the approval, there has been discussions about selling the present Public Works and City Hall facilities and using a portion of the money for the project. He said it was good accounting practice and policy to have all of the money in one fund rather than having two separate funds. He recommended the line Item for the TUW Administration Building costs be transferred to the new fund and all of the accounting and disbursement of monies for the project come from the new fund. He said when the City properties are sold, the money intended for this project would go into the new fund upon City Council approval. Page 15 V' V/M Stelzer asked if the account from which the monies are being transferred would be closed and Mr. Burroughs replied, yes. VOTE: ALL VOTED AYE Police Department 9. MOTION TO APPROVE purchase of thirty-two (32) mobile radios for Po icelicel vehicles from Motorola C.E., Inc., in the amount of $14,599.68 under State contract in lieu of bidding. SYNOPSIS OF ACTION: APPROVED. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. Police Chief Joseph McIntosh, said this request was for the installation of mobile radios in the Police cars. He said the Officers had hand held radios that would be used while they are out of the vehicles. He said the mobile radios would prevent the batteries on the hand held radios from wearing down, thus causing a problem for the Officers while on surveillance while out of their cars. He said this request would assist in the safety of the Officers. VOTE: ALL VOTED AYE Utilities/Engineering 10. MOTION TO APPROVE transfer of $20,000.00 from Account #360--87f-581--999 Unexpended Trafficway Improvement Fund to Account #360-441-544-6DF Nob Hill Road/TUW Administration Building, Turn Lane, in order to budget funds for a north- bound left turn land on Nob Hill Road to the TUW/Public Works Land Section 7 Administration Building site. SYNOPSIS OF ACTION: APPROVED and DIRECTED to send a memo to the what each item in the the Finance Director Councilmembers indicating account represented. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Bill Greenwood, Director of Utilities/Engineering, said this request was to establish a Budget Line Item to install a turn lane into the proposed TUW/Public Works Administration Building. He said this is a Broward County Plat requirement and he recommended approval. V/M Stelzer said the original Budget contained $642,847.00 and $40,000.00 was transferred which made the revised Budget $622,847.00; however, the amount shown in the unused fund was $638,047.00. He asked how there could be less money in the revised Budget then in the unused fund. Mr. Burroughs said when the Budget was approved the Unused Funds Account contained $638,000.00 and the Budget was for $642,000.00. He said after the transfer there would be $622,000.00 in the account. V/M Stelzer said the balance of the Account should be $618,000.00 and Mayor Abramowitz asked Mr. Burroughs to submit further information to the City Council regarding this Item. Page 16 1 1 u MAE 1 �7 Mr. Burroughs said he would submit a memo to the City Council explaining what each column in the Budget meant. VOTE: ALL VOTED AYE 11. MOTION TO APPROVE Change Order #2 to the contract of Conduit and Foundation Corporation in the amount of $13,280.85, for additional work performed by the contractor and credits due the City and to add 30 days to the contract time of completion for TUW Project 86-15, Modifications of 9 Sewage Pump Stations; and to AUTHORIZE the transfer of $13,281.00 from Account #434-393-535--6PF STP Closure & Dismantle to Account #434-393-535-6PG TUW P.S. Modification to fund Change Order #2 and maintain a residual of approximately $52,300.00 in this account. This Change Order increases the contract from $511,787.50 to $525,068.35 and the new date of completion is June 20, 1988. SYNOPSIS OF ACTION: APPROVED and DIRECTED the Finance Director to send a memo to the Councilmembers indicating what each item in the account represented. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. V/M Stelzer asked the Finance Director to send a memo to the City Council indicating the analysis of this account. Mr. Greenwood said the project was coming into completion and there was one Change Order which was minus $6,762.50 plus this Change Order in the amount of $13,280.85. He said the total completion cost would be a total Change Order of $6,518.00 actual net increase to the original contract which amounted to less than 1.3%. He recommended this Item be approved. VOTE: ALL VOTED AYE 12. MOTION TO APPROVE Final Payment to Man -Con, Incorporated in the amount of $21,789.40 for drainage improvements construction work and accept the final release of liens for TUW Project 87-23, City Drainage Improvements (Woodlands). P.O. 42673, 42324 & 48183 SYNOPSIS OF ACTION: APPROVED. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mr. Greenwood said this project was to eliminate drainage problems in the Woodlands area. He said the project has been completed and inspected and he recommended approval. VOTE: ALL VOTED AYE RESOLUTIONS Building Department 13. MOTION TO ADOPT Temp. Reso. #5001 approving waiver from the provisions of the sign Code pertaining to color requested by BANKATLANTIC in Colony Center (tabled on 5/11/88) SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--88-157 - PASSED City Attorney Doody read Tem2 Reso. #5001 by title. Page 17 J * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender. Dale Lee, Assistant Building Official, said in receipt of the registered Logo for the color for the sign of BankAtl.antic, staff recommended approval. He said the blue did not conform with the brown and white criteria; however, because of the logo registration, approval was necessary. C/M Rohr said the City Council had no choice but to pass this sign regardless of the fact that the colors did not conform with the surrounding color criteria because of the Logo. He suggested the City's Sign Ordinance be revised to prevent this type of inconsistency in the future. Florence Bochenek, Resident, said the Beautification Committee spent many years on the Sign Ordinance so that the City would be in conformity. She said several other Cities demand the color coordination and when Tamarac changed their Ordinance, the existing developers could not be forced to comply with the Ordinance; however, many willingly complied because of the coordination they would be getting for their development. Mrs. Bochenek had concerns with the persuasion adhered in getting this development to comply with the surrounding colors. She said when a development had several different colored signs, it created havoc in the City. She suggested the City be more persuading when the colors of the signs in a development do not coordinate. V/M Stelzer said this matter had been discussed several times. He said the City's Code did not indicate mandated compliance even if a Logo was present. He said if the City Code was changed to disregard registered Logo's the developments with Logo's would not reside within the City. He said the City Code should be changed to mandate color coordination regardless of a Logo. Mayor Abramowitz said the suggestion regarding the changing of the Sign Ordinance should be done; however, until the Sign Ordinance changes, the City Council had to approve the sign if it conformed with the existing City Code. VOTE: ALL VOTED AYE 14. MOTION TO ADOPT Temp. RReso. #5068 approving waiver from the provisions 67 thethe sign Code pertaining to a ground sign requested by Tire Kingdom/Jiffy Lube at FRIEDES COMMERCIAL CENTER (Tamarac Square West). SYNOPSIS OF ACTION: RESOLUTION NO. R--88-158 - PASSED APPROVED subject to the approval of the Agreement. City Attorney Doody read Temp. Reso. #5068 by title. * V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Bender. C/M Rohr said the Planning Commission denied approval for this sign and he believed the Planning Commission interviewed the applicants and were advised by staff. He said if the Planning Commission denied this, there was good reason for doing so; therefore, he would vote against this waiver. Page 18 1 1 Mrs. Brown -Porter said the Item was placed on the Planning Commission Agenda in an effort to gain compliance with the Sign Ordinance. She said the parcel of property was under a Court Order and the owner of the property did not have to comply with the City Code under the Court Order. She said the Code the owner of the property had to comply with was the 1972 Broward County Code. She said after research of the 1972 Broward County Code, staff found that the criteria requested was allowed. Mrs. Brown -Porter said in light of the discovery, the owner decided to seek City Council approval with the guarantee that the sign would be 12--feet in height as opposed to the 25-feet allowed. She said the owner submitted a voluntary agreement to reduce the sign to 12-feet in height and maintaining the color Codes of both Tire Kingdom and Jiffy Lube. She said the owner would add additional landscaping to the base of the sign which was not required by the County Code. Mrs. Brown -Porter said the agreements were contained in one Restricted Covenant and all agreements were voluntary. She said this Agreement would also pertain to Item 15. City Attorney Doody said the proposed Agreement would take care of Items 14 and 15; however, separate Motions were needed for the approval of the sign, color scheme and curb cut. C/M Bender asked if the type of illumination for the sign was investigated and Mrs. Brown -Porter said the illumination standards were not part of the 1972 Code; however, the sign would be illuminated and in accordance with what was normally accepted by the Building Department. City Attorney Doody read the Agreements into the record which are: 1) City and owner agree that owner shall erect a gray awning on all structures within the Friedes Commercial Center and owner hereby agrees that the subject awning shall be erected within 60 days of execution of this Agreement in accordance with the construction plans on file in the City of Tamarac Building Department. 2) Building color will remain white and, additionally, the parties agreed that the owner shall obtain the necessary County permit for a curb cut on N.W. 88 Avenue as more particularly shown on Exhibit "C". 3) City and owner agree that the owner shall be permitted to put up a free standing, 12-foot high ground sign. The copy of the structure of size more particularly shown on Exhibit "B". C/M Rohr said after this discussion, he removed his objection to the sign. * V/M Stelzer AMENDED his MOTION to Approve subject to the * approval of the Agreement, C/M Bender AMENDED his SECOND. TAPE 4 VOTE: ALL VOTED AYE Page 19 --/ Community Development ' 15. MOTION TO ADOPT Temp. Reso. #5087 approving a revised site plan for FRIEDES COMMERCIAL CENTER reflecting color scheme changes and additional curb cut for a right turn lane and entranceway. SYNOPSIS OF ACTION: RESOLUTION NO. R--88-159 - PASSED APPROVED su b ect to the approval of the Agreement. City Attorney Doody read Temp. Reso. #5087 by title. * C/M Rohr MOVED to APPROVE this Item subject to the approval of * the Agreement, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE 16. MOTION TO ADOPT Tem2- Reso. #5018 authorizing the appropriate City officialsto execute a contract between the City and LEIGH ROSINSON KERR & ASSOCIATES, INC., in the amount of $4,500.00 to develop an updated future Land Use Element for the Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Govern- ment Comprehensive Planning Act. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-160 - PASSED APPROVED. City Attorney Doody read Temp Reso. #5018 by title. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mrs. Brown -Porter said this Resolution would authorize payment to Leigh Robinson Kerr & Associates, Inc., in the amount of $4,500.00 to develop and update the future Land Use Element. She said this element was complicated and recalculation of the existing density was needed because of the Court Orders. She recommended this Item be approved. V/M Stelzer said he was asked why outside assistance was needed on the Elements after the Community Development Department spent so many hours in the preparation. He said he answered this question by saying that the Community Development Department required outside information to insure compliance with Rule 9J5. He said he approved of the outside assistance. VOTE: ALL VOTED AYE 17. MOTION TO ADOPT Temp. Reso. #5019 authorizing the appropriate City officia s�to execute a contract with JOHN W. ANDERSON, JR., A.I.C.P., in the amount of $45.00 per hour, not to exceed $3,200.00, to review and comment on drafts, prepare revised goals, objectives and policies of traffic circulation, conser- vation, utility, recreation, open space and intergovernmental coordination elements for the Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehensive Planning Act. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-161 - PASSED APPROVED. City Attorney Doody read Te- mp. Reso. #5019 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. Page 20 �' Z":. 1 I Mrs. Brown -Porter said staff was requesting that the contract not exceed $3,200.00 or $45.00 per hour. She said this request was for the review of the drafts submitted to the City Council and the Planning Commission regarding the revised goals, objectives and policies of the traffic circulation, conservation, utility, recreation, open space and intergovernmental coordination elements. VOTE: ALL VOTED AYE 18. a. MOTION TO ADOPT Temp. Reso. #5026 authorizing the appropriate C ty officials to execute a contract with PLAN/NET in the amount of $3,500.00 to develop an Evaluation and Appraisal Report assessing the 1979 Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehensive Planning Act. b. MOTION TO ADOPT Temp. Reso. #5027 authorizing the approprat City officials to execute a contract with PLAN/NET in the amount of $45.00 per hour, not to exceed $4,500.00, to develop an updated Utility Element, Conservation Element, resident and seasonal population estimates and projections, future land use and capital improvements for the Tamarac Comprehensive Plan in compliance with Rule 9J5, Florida Department of Community Affairs and the Local Government Comprehensive Planning Act. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-162 -- PASSED APPROVE a and b. RESOLUTION NO. R-88-163 - PASSED a. City Attorney Doody read Temp. Reso. #5026 by title. C/M Rohr MOVED to APPROVE Temp. Reso. #5026, SECONDED by C/M Hoffman. Mrs. Brown -Porter said staff was requesting that the contract not exceed $3,500.00 for the evaluation and the appraisal report which is an assessment of the 1979 Comprehensive Plan in comparison with the 1988 Comprehensive Plan. She recommended this Item be approved. C/M Bender asked if the monies involved in the Resolutions came from the total Grant money and Mrs. Brown -Porter replied, yes. VOTE: ALL VOTED AYE b. City Attorney Doody read Te--mp. Reso. #5027 by title. C/M Bender MOVED to APPROVE Temp. Reso.#5027, SECONDED by C/M Hoffman. Mrs. Brown -Porter said staff recommended the approval of this contract in a sum not to exceed $4,500.00. She said the contract was for the development of the utility element, conservation element, residential and seasonal population estimates and projections and future land use and capital improvements within the Comprehensive Plan. Page 21 ✓� VOTE: ALL VOTED AYE 19. MOTION TO ADOPT Temp. Reso. #5085 extending approval of the final Site plan for THE FOUNTAINS CORPORATE CENTER for six (6) months. (located on the north side of Commercial Boulevard extending approximately 628-feet west from the southern terminus of the S-curve). SYNOPSIS OF ACTION: RESOLUTION NO. R-88-164 - PASSED APPROVED subject to the receipt of a letter by the developer agreeing to pay the increased ERC fees at the time the building permit is to be issued. Resolution is to be Amended to reflect such Agreement. City Attorney Doody read Temp. Reso. #5085 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. Mrs. Brown --Porter said the zoning on the property was B-1 and B-5 and the Master File number is 4-86. She said the legal description of the property is The Fountains Corporate Center and the plat is unrecorded. She said the type of use requested is an extension of the final site plan and the number of acres involved are 3.95. She recommended approval subject to payment of increased ERC fees at the time the building permit is to be issued. V/M Stelzer asked if the developer agreed to pay these increased fees and Mrs. Brown -Porter said the developer was aware of the increased ERC fees. Jim Brady, Attorney for the developer, said he consented to this agreement on behalf of the partnership and he would be pleased to send a letter agreeing to the payment of the increased ERC fees at the time the building permit is to be issued. City Attorney Doody said the Resolution would be Amended to contain the approval subject to the developer submitting a letter agreeing to pay the increased ERC fees at the time the building permit is to be issued. * C/M Hoffman AMENDED his MOTION to APPROVE subject to receiving * a letter from the developer agreeing to pay the increased ERC * fees at the time the building permit is to be issued, C/M * Bender AMENDED his SECOND. VOTE: ALL VOTED AYE 20. MOTION TO ADOPT Temp. Reso. #5017 approving and accepting an Amendment to the DDeclarati no of Covenants and Restrictions offered by Colony West Joint Venture pertaining to Parcel "R" of WOODLAND LAKES. SYNOPSIS OF ACTION: TABLED and DIRECTED staff to obtain the Broward County Computerized Data Base information regarding commercial properties. City Attorney Doody read Te� mp. Reso. #5017 by title. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Page 22 i_ 1 1 1 Mrs. Brown -Porter said the request of change was that the property shall be limited to the uses permitted under the City of Tamarac zoning district 13-1 with the inclusion of the following B-2 uses: Department and Dry Good Stores 5,000 square feet floor area or more Calls for Hire by Special Exception Indication of Restaurants, changing the restriction from 12,000 square feet Mrs. Brown -Porter said under these conditions, staff submits what the developer feels they would like to have Amended. She said since the original Resolution dealt with the Planning Commission and City Council, the developer recommended the 12,000 square foot restaurant. She said the developer indicated there was a problem with the 12,000 square foot restaurant because of the restriction to that amount of square footage only. She said the developer indicated that they were not able to market their product due to the restriction. C/M Rohr read a memo submitted by the Community Development Department regarding the recent report regarding vacant shopping areas. (SEE ATTACHMENT) * C/M Rohr MOVED to TABLE this Item and DIRECT staff to obtain * a copy of the Broward County Computerized Data Base regarding * commercial properties. Motion FAILED for lack of a Second. Greg Darby, of Darby & Way, said the developer was aware of the Broward County Computerized Data Base regarding commercial property. He said this property was already sold and the developer was not asking for change in commercial zoning; therefore, it would not have an affect on the County plan. He said the 11.2% vacancy factor that Broward County was referring to was the 3 and 4 acre commercial strip zoning parcels. He said this property in question was a 9 acre corner parcel and there has been a problem soliciting the property because of the 12,000 square footage restriction. He said the developer did not want to rezone the development; however, the waiver of the restriction would be appreciated. At this time, Mayor Abramowitz gave the gavel to V/M Stelzer. Mayor Abramowitz asked if the developer wanted a larger square footage than 12,000 and Mr. Darby said the developer needed a smaller square footage. He said the developer agreed to a minimum of 12,000 square footage. Mayor Abramowitz said he would prefer more information regarding this matter. At this time, V/M Stelzer gave the gavel back to Mayor Abramowitz. Mrs. Brown -Porter said if the City Council was directing staff to obtain a computerized print-out from the data base at Broward County, staff would see that Mr. Darby Page 23 receives a copy to avoid delay. She said the print-out information would be submitted to the City Council if this Item could be Tabled until the next meeting. V/M Stelzer asked if there were any regulations before the covenant was received and Mrs. Brown -Porter said when this development was originally approved by the Planning Commission, the Planning Commission was afraid of smaller restaurants going into the development causing a parking problem. She said the Planning Commission placed the 12,000 square footage restriction on the property and the developer voluntarily committed the property to 12,000 square footage. She said there is a problem at this time with finding a tenant who wanted a 12,000 square footage area. Mrs. Brown --Porter said the information requested by the City Council would be obtained; however, under normal circumstances, the developer did not have to have a 12,000 square foot restriction. V/M Stelzer asked if the developer would be in compliance with the City Code if the restriction was removed and Mrs. Brown -Porter replied, yes. * C/M Rohr MOVED to TABLE this Item, SECONDED by C/M Hoffman. VOTE: City Council ALL VOTED AYE Mayor Abramowitz said in the interest of fairness and having as many citizens as possible serve on the Committees and Boards, it is suggested that there be one person for one position as opposed to dual positions. 22. MOTION TO ADOPT Te_U.. Reso. #5073 appointing one (1) regular and two (2) alternate members to the BOARD OF ADJUST- MENT. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-165 - PASSED APPROVED the appointment of: Joseph Stokvis, Regular member Charles Rosenberg, Alternate member William Danyluck, Alternate member City Attorney Doody read Temp. Reso. #5073 by title. Mayor Abramowitz said the Liaisons for the Boards and Committees would make nominations for the Board or Committee. V/M Stelzer asked if the matter regarding dual office holding was a ruling and Mayor Abramowitz said the statement was only a suggestion. C/M Bender NOMINATED Joseph Stokvis as a Regular member, Charles Rosenberg and William Danyluck as Alternate members. V/M Stelzer asked how the other Councilmembers would be able to nominate members if a Motion to Appoint members was made. He suggested each Councilmember have the Page 24 L 1 1 1 1 opportunity to nominate and then take a vote on the nominations. City Attorney Doody said the procedure to nominate should be done at the City Council's discretion; however, he understood that the Liaisons would nominate by a Motion and, if the Vote carried, there would be no other nominations. Mayor Abramowitz asked if he could call for a Motion to nominate and a Second and then ask Council if there were any other nominations. C/M Rohr said the Liaisons would know who should serve on their Boards and Committees. Mayor Abramowitz asked if the Mayor was out of Order in calling the procedures for the nominations and City Attorney Doody said no because it was the Chair's prerogative to decide how the nominations should take place. Mayor Abramowitz said the Liaisons would make their nominations and the City Council would make a Motion to Accept, if they wished, with a Second. He said he would then ask if there were any other nominations. He said if there were and, a Motion is made and Seconded, the nominations would be discussed and voted upon one by one. * C/M Rohr MOVED to APPROVE the nominations for the Board * of Adjustment, SECONDED by C/M Hoffman. * V/M Stelzer MOVED to APPOINT Martin Fisch as an Alternate * member. Motion FAILED for lack of a Second. V/M Stelzer had concerns regarding C/M Bender knowing the people on the Board and Mayor Abramowitz said the City Council did not know how long and how well the applications were investigated. The following vote was for Joseph Stokvis as a Regular Member, Charles Rosenberg and William Danyluck as Alternate Members to the BOARD OF ADJUSTMENT. VOTE: Mayor Abramowitz - Aye V/M Stelzer - Nay C/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye 23. MOTION TO ADOPT Temp. Reso. #5074 appointing five (5) members to the BOARD OF SOCIAL SERVICES. SYNOPSIS OF ACTION: APPROVED the appointment of: Helen Sobel, Chairwoman Lillian Silverman Beatrice Lindenman Herman Lacoff Louis Kaplan RESOLUTION NO. R-88-166 -- PASSED Page 25 -../ 6/8/88 City Attorney Doody read Temp. Reso. #5074 by title. C/M Bender NOMINATED Helen Sobel as Chairwoman, Lillian Silverman, Beatrice Lindenman, Herman Lacoff and Louis Kaplan. * C/M Hoffman MOVED to APPROVE the nominations for the Social * Services Board, SECONDED by C/M Rohr. There were no other nominations. VOTE: ALL VOTED AYE 24. MOTION TO ADOPT Temp. Reso. #5075 appointing four (4) members to the CODE ENFORCEMENT BOARD. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-167 - PASSED APPROVED the appointment of: Morris Glicksman - for a 3 year term with the stipulation that if City Council could appoint the Chairman, the position of Chairman would be given to Morris Glicksman. Ed Klein -- 3 year term Irving Katz - 3 year term Louis Sohn -- 2 year term City Attorney Doody read Temp. Reso. #5075 by title. City Attorney Doody said the Resolution had to be Amended reflecting the appointment of 3 members to a 3 year term and 1 member to a 2 year term. C/M Hoffman said the record should reflect that there was no direct Liaison designated to this Board; therefore, the Mayor would be making the Nominations. Mayor Abramowitz asked if a Chairman could be appointed and City Attorney Doody said he believed there was a provision in the State Statute stating that the Chairman was selected by the Code Enforcement Board. He said he would investigate the matter for the ruling. Mayor Abramowitz asked if he could make the appointments with the stipulation that if the City Council was permitted to chose a Chairman for the Code Enforcement Board, the Chairman would be Morris Glicksman. City Attorney Doody said this stipulation would be proper. Mayor Abramowitz NOMINATED Morris Glicksman, Edward Klein and Irving Katz to the 3 year terms and Louis Sohn to the 2 year term. TAPE 5 * C/M Hoffman MOVED to APPROVE the nominations to the Code * Enforcement Board, SECONDED by C/M Rohr. * V/M Stelzer MOVED to APPOINT Louis Sohn, Edward Klein, * and Morris Glicksman as 3 year members and Muriel Davis * as a 2 year member. Page 26 Mayor Abramowitz said Muriel Davis withdrew her application for this Board. V/M Stelzer WITHDREW his Motion and there were no other nominations. VOTE: ALL VOTED AYE 25. MOTION TO ADOPT Temp. Reso. #5081 appointing seven (7) members to the CONSUMER AFFAIRS BOARD. SYNOPSIS OF ACTION: APPROVED the appointment of: Irving Lopatey, Chairman Harold Blank Fred Adler Curt Rosenfeld Samuel Polinsky Norman Du Bois Nat Cohen RESOLUTION NO. R-88-168 - PASSED City Attorney Doody read Temp. Reso. #5081 by title. C/M Hoffman NOMINATED Irving Lopatey as Chairman, Harold Blank, Fred Adler, Curt Rosenfeld, Samuel Polinsky, Norman Du Bois and Nat Cohen. * C/M Rohr MOVED to APPROVE the nominations for the Consumer * Affairs Board, SECONDED by C/M Bender. V/M Stelzer said last year Nat Cohen resigned from the Consumer Board because he could not be the Chairman. He asked if Mr. Cohen would do the same thing this year and Mayor Abramowitz said Mr. Cohen stated that he would not. * V/M Stelzer MOVED to APPOINT Seymour Landesberg and Martin * Fisch. Motion FAILED for lack of a Second. The following vote is for the appointment of Irving Lopatey as Chairman, Harold Blank, Fred Adler, Curt Rosenfeld, Samuel Polinsky, Norman Du Bois and Nat Cohen to the CONSUMER AFFAIRS BOARD. VOTE: ALL VOTED AYE 26. MOTION TO ADOPT Temp. Reso. #5076 appointing five (5) members to the INSURANCE ADVISORY BOARD. SYNOPSIS OF ACTION: APPROVED the appointment of: John Assenzio, Chairman Joseph Schreiber Leo Platz Maury Kramer Hyman Zipstein RESOLUTION NO. R-88-169 - PASSED City Attorney Doody read Te� m2. Reso. #5076 by title. Page 27 �% L7�lL•i: V/M Stelzer NOMINATED John Assenzio as Chairman, Joseph Schreiber, Leo Platz, Maury Kramer and Hyman Zipstein. * C/M Hoffman MOVED to APPROVE the nominations for the Insurance * Advisory Board, SECONDED by C/M Bender. There were no other nominations. VOTE: ALL VOTED AYE 27. MOTION TO ADOPT Temp. Reso. #5077 appointing five (5) members to the INVESTMENT ADVISORY BOARD. SYNOPSIS OF ACTION: APPROVED the appointment of: Edward Solomon Leo Platz Walter Blocher Henry Shulman Ben Zuger RESOLUTION NO. R-88-170 - PASSED City Attorney Doody read Temp. Reso. #5077 by title. V/M Stelzer nominated Edward Solomon, Leo Platz, Walter Blocher, Henry Shulman and Ben Zuger to the investment Advisory Board. * C/M Rohr MOVED to APPROVE the nominations to the Investment * Advisory Board, SECONDED by C/M Hoffman. There were no other nominations. VOTE: ALL VOTED AYE 28. MOTION TO ADOPT Temp. Reso. #5078 appointing seven (7) members to the PARKS AND RECREATION BOARD. SYNOPSIS OF ACTION: APPROVED the appointment of: Karen Dickerhoof, Chairwoman Darlene Cappelluti Kevin Duffy Irving Vitrofsky Peter Lamson Smith RESOLUTION NO. R-88-171 - PASSED City Attorney Doody read Temp. Reso. #5078 by title. V/M Stelzer said the Board had two teenage positions; therefore, the appointment could only be for 5 members. Mayor Abramowitz said there has been a request made by the City Council and staff Liaison to eliminate the 2 teenage positions because they could not be filled. He said there was difficulty maintaining a quorum. He asked City Attorney Doody if it was mandatory to have the teenage positions. He said C/M Hoffman Nominated 6 people rather than 5 and left a teenage position open. Pag e 28 1 1 1 C/M Hoffman said the Ordinance as it is written requires that the Board maintain two positions for teenagers; therefore, he asked if he could appoint 5 Regular members and 1 Alternate. He said the Alternate position would become permanent when the Ordinance is Amended. City Attorney Doody said the Ordinance is presently being Amended; however, the Ordinance would require two Public Hearings; therefore, the Ordinance would not be heard until August, 1988. C/M Hoffman recommended 5 Regular members and 1 Alternate be appointed at this time. City Manager Kelly said there was no provision in the Ordinance for an Alternate; therefore, the appointment should be of 5 members only to comply with the present Ordinance. He suggested that after the Ordinance was Amended, the other appointment be made. C/M Hoffman asked City Attorney Doody if an Alternate could be appointed to the Board and City Attorney Doody said the Ordinance read that 2 positions of the 7 member Board was for teenagers between the ages of 16 and 19. He said the appointment at this time should consist of 5 members and when the Ordinance was Amended, the other position could be appointed. C/M Hoffman NOMINATED Karen Dickerhoof as Chairwoman, Darlene Cappelluti, Kevin Duffy, Irving Vitrofsky and Peter Lamson Smith. * C/M Rohr MOVED to APPROVE the nominations to the Parks and * Recreation Board, SECONDED by C/M Bender. * V/M Stelzer MOVED to APPOINT Irving Vitrofsky, Kevin Duffy, * Peter Lamson Smith, Darlene Cappelluti and Robert Curcio. Motion FAILED for lack of a Second. The following vote is for Karen Dickerhoof as Chairwoman, Darlene Cappelluti, Kevin Duffy, Peter Lamson Smith and Irving Vitrofsky as members to the PARKS AND RECREATION BOARD. ft0*9 ALL VOTED AYE Mayor Abramowitz asked City Attorney Doody to expedite the Ordinance and City Attorney Doody said the Ordinance would be brought to the City Council for the first reading at the June 22, 1988 meeting. 29. MOTION TO ADOPT Temp. Reso. #5079 appointing a PARKS COMMISSIONER. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-172 - PASSED APPROVED appointment of Louis Solomon as Parks Commissioner. City Attorney Doody read Temp. Reso. #5079 by title. Page 29 Mayor Abramowitz NOMINATED Louis Solomon as Parks Commissioner. * C/M Bender MOVED to APPROVE the nomination for Parks * Commissioner, SECONDED by C/M Rohr. * V/M Stelzer MOVED to APPOINT Norman Karr. Motion FAILED for lack of a Second. The following vote is for Louis Solomon as Parks Commissioner. VOTE: Mayor Abramowitz - Aye V/M Stelzer - Nay C/M Bender - Aye C/M Hoffman - Absent C/M Rohr - Aye Motion CARRIED by a 3 to 2 Vote. 30. MOTION TO ADOPT Temp. Reso. #5080 appointing five (5) regular members and two (2) alternate members to the PUBLIC INFORMATION BOARD. SYNOPSIS OF ACTION: APPROVED the appointment of; Louis Silverman, Chairman Herman Shulman Ben Chicofsky Jack Leff Muriel Davis Esther Garfinkle, Alternate Sam Tepper, Alternate RESOLUTION NO. R-88-173 - PASSED City Attorney Doody read Temp. Reso. #5080 by title. C/M Rohr NOMINATED Louis Silverman as Chairman, Herman Shulman, Ben Chicofsky, Jack Leff and Muriel Davis as Regular members and Esther Garfinkle and Sam Tepper as Alternate members. * C/M Bender MOVED to APPROVE the nominations for the Public * Information Board, SECONDED by C/M Hoffman. * V/M Stelzer MOVED to APPOINT Louis Silverman as Chairman, * Sam Tepper, Ben Chicofsky, Jack Leff and Herman Shulman as * Regular members and Esther Garfinkle and Sam Tepper as * Alternate members. Motion FAILED for lack of a Second. The following vote is for Louis Silverman as Chairman, Ben Chicofsky, Herman Shulman, Jack Leff and Muriel Davis as Regular members and Esther Garfinkle and Sam Tepper as Alternate members of the Public Information Board. Page 30 v.. 1 1 1 fl 11 VOTE: ALL VOTED AYE Mrs. Reynolds suggested the City Attorney refer to the Charter regarding the Boards and Committees when writing the Resolutions and Ordinances as opposed to the City Code. City Attorney Doody said the Resolutions and Ordinances as drafted are correct. City Manager 32. MOTION TO ADOPT Temp. Reso. #5058 authorizing the appropriate Cy�offscaar J s to execute an Agreement with Scharf & Associates, Inc., in the amount of $75,000.00 to provide architectural services for the Tamarac Multipurpose Center. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-174 - PASSED City Attorney Doody read TempReso. #5058 by title. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr, City Manager Kelly said in compliance with the Competitive Negotiations Act, the City appointed a Selection Committee and a Negotiating Committee to select and negotiate with the Architects. He said the negotiations were completed in the amount of $75,000.00 with the provision that if the Florida Code requires further referral to the Department of Education for review of the proposed plans, an additional $5,000.00 would be paid in compensation to Scharf & Associates, Inc., Architects. He said Tallahassee informed the City that an additional $250,000.00 would be awarded to the City. He recommended approval of the contract. VOTE: ALL VOTED AYE Public Works/Parks and Recreation 33. MOTION TO ADOPT Temp. Reso. #5062 awarding Bid #88-21 in the amount of $3,895.00 to Lesh Drilling Incorporated for the Tamarac Park Ballfield Renovation Well Drilling. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-175 - PASSED City Attorney Doody read Temp. Reso. #5062 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. Mike Couzzo, Director of Public Works/Recreation, said the next four Items were discussed at the previous Council meeting. He said the Items were for the renovation of the ballfields at Tamarac Park. VOTE: ALL VOTED AYE 34. MOTION TO ADOPT Temp. Reso. #5063 awarding Bid #88-22 in the amount of $6,125.00 to Turf Master, Inc., for Tamarac Park Ballfield Renovation Land Preparation. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-176 PASSED 1 e�, Page 31 City Attorney Doody read Temp. Reso. #5063 by title. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mr. Couzzo said this Item would be for the regrading of the ballf ields. VOTE: ALL VOTED AYE 35. MOTION TO ADOPT Tem . Reso. #5064 awarding Bid #88-23 in the amount of $,750.00 to Turf Master, Inc., for Tamarac Park Ballfield Renovation Bermuda Sprigging. SYNOPSIS OF ACTION: RESOLUTION NO. R--88-177 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5063 by title. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mr. Couzzo said this Item would be the next phase after preparing the fields. VOTE: ALL VOTED AYE 36. MOTION TO ADOPT Temp. Reso. #5065 awarding Bid #88-24 in the amount of $18,731.44 to Melrose Supply & Sales Corpor- ation for Tamarac Park Ballfield Renovation Irrigation Materials and Equipment. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-178 -- PASSED City Attorney Doody read Tem2. Reso. #5065 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. Mr. Couzzo said this Item was for the purchase of irrigation material and equipment and the Public Works Department would provide the necessary labor. VOTE: ALL VOTED AYE 37. MOTION TO ADOPT Temp._ Reso. #5066 awarding Bid #88-25 in the amount of $2,489.00 to Accurate Tennis Courts, Inc., for Tamarac Park Tennis Court Resurfacing. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-179 - PASSED City Attorney Doody read Temp. Reso. #5066 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. Mr. Couzzo said this was maintenance required after a number of years of play on the ballfield surfaces. VOTE: Community Development ALL VOTED AYE 41. MOTION TO ADOPT Temp. Ord. #1391 on first reading to amend Article 11, Drvislon 2, Section 15-6 (b) (1) of the Code to provide that the definition for "commercial vehicles" to include limousines and other vehicles for hire. SYNOPSIS OF ACTION: APPROVED on first reading. Page 32 M City Attorney Doody read Temp. Ord. #1391 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1391 on first * reading, SECONDED by C/M Bender. Bob Jahn, Chief Building Official, said the definitions were changed to this revision. C/M Hoffman asked why pick-up trucks and panel trucks were not included in the definitions and Mr. Jahn said there was a definition in the Code concerning certain vehicles that are commercial. He said the description allows a 1-1/2 ton unmarked as a commercial vehicle; however, anything under 1-1/2 tons that is unmarked could be a private vehicle. C/M Hoffman said he did not see that definition in the Code and asked Mr. Jahn to research the matter and report to the City Council with his findings before the second reading. V/M Stelzer said pick-up trucks could be used as a recreational vehicle and he asked Mr. Jahn to research the law regarding recreational pick-up trucks. VOTE: Utilities/Engineerin ALL VOTED AYE 42. MOTION TO ADOPT Temp. Ord. #1389 on first reading am ne ding Chapter 27 of the Code pertaining to water and sewer utilities owned and operated by the City, amending Section 27, Article I, Section 27-33 of the Code relating to surcharges for customers outside of the City limits, deleting and repealing in its entirety Section 27, Article I, Section 27-36.3 of the Code relating to the east utility generation system requirements. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1389 by title. * C/M Bender MOVED to APPROVE Temp. Ord. #1389 on first * reading, SECONDED by C/M Hoffman. Bob Foy, Deputy City Engineer, said this Item would be cleaning up the Code to be in compliance with some of the rate Resolutions. He said one of the matters pertained to the City not being able to charge a surcharge on Sewer whereas the Code specifies that the surcharge was permitted. He said the Code provides that funds could be allotted for gravity sewer for septic tanks whereas this is no longer needed. City Manager Kelly said the Federal requirements on the Bond issue do not allow the City to charge a surcharge for sewer. VOTE: ALL VOTED AYE Page 33 `� 43. MOTION TO ADOPT Temp. Ord. #1390 on first reading relating to rates an surcharges applicable to City utilities, amending Section 27-51 (b) relating to payment of contribution charges, amending the definition for equivalent residential connection (ERC), providing for a method to determine the residential equivalency for commercial water uses, providing for a method to determine the residential equivalency for irrigation water uses, deleting outdated provisions relating to meter size and its residential equivalency factor for irrigation uses. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1390 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1390 on first * reading, SECONDED by C/M Bender. Mr. Foy said this Item was to clean up the Code for compliance with the City's rate schedules. V/M Stelzer said Page 1 of the Ordinance, Line 31, indicated "204 gallons per day" and he asked if Page 2, Line 34 should also have "204 gallons per day." City Attorney Doody said the Ordinance is being Amended because the books reflect the average daily flow; however, the average daily flow fluctuates; therefore, it was better to have a Resolution reflecting the average daily flow of "204". V/M Stelzer said Page 2, Lines 22 and 23, indicated "Contribution charges are to treated as Trust Funds and may be used only to pay...". He asked who gave the right to transfer all of the CIAC contributions on the balance sheet of last year into Retained Earnings if the Funds are supposed to restricted assets and trust funds. He said there was something wrong and he questioned the matter; however, he has not received an answer. City Manager Kelly said a meeting would take place with Mr. Burroughs to answer this question. C/M Rohr said he would like further information on the matter and Mayor Abramowitz suggested a memo be sent to the Councilmembers with this information. V/M Stelzer asked if this matter would affect the Ordinance and City Attorney Doody said the Ordinance changed other portions of the City Code and the Section being referred to is presently in the City Code. He said the adoption of this Ordinance would not affect the issue. VOTE: ALL VOTED AYE Mayor Abramowitz said he was asked to Announce that there would be a Public Hearing meeting of the Charter Board on "June 10, 1988 at 8:30 A.M. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:15 P.M. Page 34 1 11 1 :: u 1 NO MAN ABRAMO ITZ, MAYOR CAROL E. BARB TO, CITY CLERK "This public document was promulgated at a cost of $294.30 or $8.18 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 TAMARRAC APPR VED AT MEETING Of a or City Clerk Page 35 ATTACHMENT --- CITY COUNCIL MEETING 6/8/88 I TETI # 20 PAGE 23 C I T Y O F T A M A R A C INTER -OFFICE PMMRMM( COMMUNITY DEVELOPMNT DI&PARTWNT NEW TO: Councilman Henry Rohr FROM: Thelma Brown -Porter, Director/Community Development �Iju SUWECT: Overbuilt Commercial Retail Market DATE: ,Tune 6, 1988 As per your request to review problems with vacant stip centers, please be advised of the following: I reviewed the study entitled Comparative Analysis of the Quantity of Commercial and Industrial Land in Broward County prepared for the Broward County Board of County Commissioners by Robert K. Swarthout, Inc. in November 1987. Attached for your review are pages from the Report outlining your specific requested information, however, just briefly, the study suggests that the commercial retail market focused on selected strip center. Page 1 indicates a vacancy rate of 11.2 percent. The highest vacancy rate is in the western planning areas. Page 2 indicates that excess strip commercial land should be avoided to the extent possible. If you have any further questions concerning this matter please do not hesitate to contact this office. TBP/rms Enclosure �rrAoa,aErcr, ils(ax GENERAL FINDINGS Rapid Population Growth: Broward County has been one of the fastest growing counties in the nation over the past three decades. The number of Broward County residents increased from 333,946 in April 1960 to an estimated 1,197,072 in April 1987. Significant Non-resident Population: Occasional and seasonal residents, tourists, and business travelers are an important component of the population in Broward County. Estimates of visitors to the county vary between 3,9 million and 4.2 million per year. The non-resident population is estimated at between 200,000 and 300,000 persons on any given day during the peak winter season. Rapid Employment Growth: Non-agricultural employment in Broward County has risen dramatically. Employment in services, retailing, and manufacturing averaged about 268,000 and comprised 61 percent of the total Broward County non-agricultural employment in 1986. The employment locations for these three categories are almost entirely contained within commercial and industrial land uses. Employment in services and retailing has been projected to increase the most through 1995. Overbuilt Commercial Office Market: Market studies of office space indicate that Broward County has one of the highest office vacancy rates in the United States. Recent estimates of the office vacancy rate range between 25 and 30 percent. Given recent and projected office absorption rates, the existing vacant office inventory in the county may represent a four to five year supply. Moderate Growth in Commercial Lodging Facilities: Broward County tax roll data indicate that hotel space was reported to have increased only 3.8 percent in the 1980 to 1985 period, rising from 10.14 million square feet to 10.52 million square feet. An additional 2,500 to 3,000 new lodging units have been added over the last 12 to 18 months according to the Broward County Tourism Development Council (TDC). Total lodging units in Broward County are now estimated to be between 27,000 and 28,000 rooms. Overbuilt Commercial Retail Market: Estimates of the retail space in the county indicate that the vacancy rate is between 10 and 15 percent of the existing space. One recent by Coldwell Banker focused on selected strip centers and found a vacancy rate of 11.21percent. The highest retail vacancies occur in the three western Planning Areas. At the current rate of absorption, it would take between seven and eight years to lease the over six million square feet of retail space vacant or currently under construction. Retail development now proposed for large-scale projects (Developments of Regional Impact) alone would add more than 3.6 million square feet to the retail space inventory in the county. Industrial Market: Industrial space in Broward County is not as overbuilt as office and retail space. A survey by the Society of Industrial and Office Realtors (SIOR) estimated that only 7.9 percent of the total 21.1 million square feet of industrial space was vacant in 1986. Robert K. Swarthout, Incorporated R3 /f �TRu�rlfryT- �r7/P7 be numerous over the next 30 years. They may include new freeway interchanges and new strategies for packaging commercial land. Redesignation of land from commercial to residential now will avoid the need to consider an indefinite moratorium on commercial land use plan amendments. Recommendation 2: Respect vested property rights when redesignating land from commercial to residential. Vested property rights must be respected when initiating "down designations" of land from commercial to residential categories. Vested property rights exist to one degree or another: a. where utility installation, major site work or building construction has started; b. where engineering or architectural construction drawings, or other detailed project planning has occurred; c . where property has recently been purchased for a price which is based on a commercial designation; and d. where some other substantial investment backed decision has established a vested right. Recommendation 3: Use sound planning principles rather than formulas or factors as the basis for new commercial designations. No formula or factor such as acres per thousand population is recommended as a basis for county commercial land use policy. Instead, within the perspective that the County has an excessive amount of commercial land on the plan, a rather rigorous review of each new application should be undertaken, using the normal land use amendment measures including environmental, traffic, utility and public service impacts. In addition, the County's computerized data base can be used to assess general market need and feasibility. An economic feasibility model might be developed by the County to assist in this. In short, a sound planning rationale rather than a standard, or formula should be the basis for reviewing future requests for land use plan changes to commercial. Recommendation 4: Modify the current "end -state" approach to land use planning in Broward County. In 1977 Broward County enacted an "end -state" land use plan. An "end -state" plan is one which designates all the land of each category that is expected to be needed when the community is completely built -out. The 1977 plan designated all the commercial land that was expected to be needed when Broward County was fully developed. By so doing, the plan made it necessary to EITHER turn down all commercial applications OR approve some new commercial land while changing some other land designated commercial to other categories OR approve new commercial land while leaving commercial designations in place and thereby creating the dramatic commercial imbalance that exists today. Therefore, in updating and amending the land use plan, the best way to modify or replace "end state" commercial land requirements should be carefully thought through NO R, Woul Implol 1- 1