HomeMy WebLinkAbout1988-06-08 - City Commission Regular Meeting Minutesrq
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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 %
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6/8/88
11
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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 ��
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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
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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
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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
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* 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
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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 �'
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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_
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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
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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
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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..
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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
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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
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