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HomeMy WebLinkAbout1988-08-10 - City Commission Regular Meeting Minutes1 �ORIpP 7525 NW 88 Avenue TAMARAC, FLORIDA 33321-2401 RECORDS OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, AUGUST 10, 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. INTRODUCTION 1. ANNOUNCEMENT of a vacancy on the BOARD OF ADJUSTMENT for an alternate member. FINAL ACTION: ANNOUNCEMENT of vacancy 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 Tem . Reso. #5113 releasing a cash bond in the amount of $1,000.00 posted by Heritage Quality Construction Co., Inc., for the swimming pool on Lot 78 of WOODMONT TRACT 57, 8537 NW 77 Street (Permit #205--88). FINAL ACTION: RESOLUTION NO. R-88-204 PASSED. APPROVED. b. MOTION TO APPROVE the attendance of Leonard Kitchman, Fred Hoffman and Cary Bauer, Building Department, at the 23rd Annual Seminar and School of Education of the Florida Association of Plumbing, Gas and Mechanical Inspections on October 3-7, 1988, in Clearwater Beach, Florida. FINAL ACTION: APPROVED. Page 1 8/10/88 City Clerk 2. c. MOTION TO APPROVE the minutes of the following City Council meetings: 1) 6/ 8/88 - Regular Meeting 2) 6/22/88 - Regular Meeting FINAL ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit for LAKE COLONY BROOKWOOD GARDENS) in Units 30, 31, and 32 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 8/27/88 to 2/27/89. FINAL ACTION: APPROVED. e. MOTION TO ADOPT Temp. Reso. #5111 renewing a waiver to the sign chapter of the Code for a temporary over sized ground sign for LAKES OF CARRIAGE HILLS, 6180 Rock Island Road, for one year from 9/14/88. FINAL ACTION: REMOVED from the agenda. Utilities/Engineering f. MOTION TO ADOPT Temp. Reso. #5121 declaring the Water and Sewer Developers Agreement for ISLES OF TAMARAC in default for Lots 3 and 5 of Block 373. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-206 PASSED. g. MOTION TO ADOPT Temp. Reso. #5124 accepting a Sewer Utility Easement offered by C.F. Holdings, Inc., for the CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION project on Rock Island Road. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-207 PASSED. h. 1. MOTION TO ADOPT Temp. Reso. #5114 accepting a Blanket Safety Ingress Egress Easement offered by Icon Development Corporation for the MISSION LAKES project. 2. MOTION TO APPROVE a Water and Sewer Developers Agreement with Icon Development Corporation for the MISSION LAKES PROJECT. (located at Southgate Boulevard and NW 71 Avenue) FINAL ACTION: RESOLUTION NO. R-88-208 PASSED. APPROVED hl and h2. 1 F Page 2 8/10/88 2. i. MOTION TO ADOPT Temp. Reso. #5115 accepting a Tamarac Utilities West Water and Sewer Utility easement offered by Robert P. Meyer Development Corporation for Lot 6 of WOODMONT TRACT 57 in order to provide sufficient easement for the existing sewer lines constructed on the edge of the existing utility easements. FINAL ACTION: RESOLUTION NO. R--88-209 PASSED. APPROVED. j. 1. MOTION TO ADOPT Temp._ Reso_ #5116 releasing performance Letter of Credit #65-00100787 in the amount of $62,732.00 posted for public improvements at FRIEDES COMMERCE CENTER subject to receipt of a one-year warranty bond in the amount of $15,810.00. 2. MOTION TO ADOPT Temp. Reso. #5117 accepting a bill -of sale offered by F and R TAMARAC, LTD., for the water distribution and sewage collection system improvements at FRIEDES COMMERCE CENTER. 3. MOTION TO ADOPT Temp. Reso. #5118 accepting a Blanket Utility Easement offered by F and R TAMARAC, LTD., for the FRIEDES COMMERCE CENTER project. FINAL ACTION: RESOLUTION NO. R-88--210 PASSED. RESOLUTION NO. R-88--211 PASSED. RESOLUTION NO. R-88-212 PASSED. APPROVED j1, j2 and j3. k. 1. MOTION TO ADOPT Temp. Reso. #4995 accepting a Canal Right -of -Way, Canal Maintenance, and Drainage Easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 2. MOTION TO ADOPT Temp. Reso. _#4996 accepting a Canal Maintenance Easement offered by Fundamental Hopkins --Easton No. 11, Ltd., for the VISUAL GRAPHICS project. (tabled on 4/12/88) FINAL ACTION: RESOLUTION NO. R-88--213 PASSED. RESOLUTION NO. R-88-214 PASSED. APPROVED kl and k2. 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. Speakers were James Collier, Carl Alper, Ron Catronio, and Bernard Hart. REPORTS 4. City Council 5. City Manager 6. City Attorney Page 3 8/10/88 CONSIDERATIONS Community Development 7. MOTION TO APPROVE a model sales facility for GREENVIEW APARTMENTS in Building #9 for a six-month period from 8/10/88 to 2/10/89. FINAL ACTION: TABLED. General Administrative 8. MOTION TO APPROVE the transfer of approximately 10,000.00 from Federal Revenue Sharing Contingency to various accounts to purchase office equipment for various departments. FINAL ACTION: APPROVED. RESOLUTIONS Community Development 9. MOTION TO ADOPT Temp. Reso. #5125 acknowledging certain real property annexation of 6 17 88 which extended and enlarged the corporate limits of the City to include specified unincorporated lands within said corporate limits. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-215 PASSED. Public Works andUtilitiesDepartments 10. MOTION TO ADOPT Temp. Reso. #5126 awarding Bid #88-26 to Uniforms for Industry, Inc., in the amount of $572.75 per week for uniform rental service. FINAL ACTION: RESOLUTION NO. R-88-216 PASSED. APPROVED. Utilities/Engineering 11. a. MOTION TO ACCEPT a check in the amount of $9,500.00 from NATIONAL SAFETY COUNCIL and to AUTHORIZE issuance of a check in the amount of 9,500.00 from Tamarac to the City of Fort Lauderdale for the installation of a 6-inch master meter at the NATIONAL SAFETY COUNCIL project. b. MOTION TO ADOPT Tem p. Reso. #5127 accepting a Tamarac Utilities East Water and Sewer Utility Easement offered by Raymond A. and Leona Rogers for a sewer line from the NATIONAL SAFETY COUNCIL project to an existing sewer line on NW 19 Way. FINAL ACTION: APPROVED lla. TABLED llb for opinion of title. 1 1 1 Page 4 8/10/88 City Council 1 12. MOTION TO ADOPT Temp. Reso. #5128 appointing two (2) members to the Parks and Recreation Board. FINAL ACTION: RESOLUTION NO. R-88-205 PASSED. APPOINTED William H. George, Jr. and Ben Zuger as members. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORDINANCES PUBLIC HEARINGS - 7:30 P.M. City Council 13. PUBLIC HEARING MOTION TO ADOPT Temp. Ord.#1392 on second readingto amend Articlee II, Section 18A-8(c) of the Code to delete the requirement that two (2) members of the Parks and Recreation Board be between 16 and 19 years of age. FINAL ACTION: ORDINANCE NO. 0-88-18 PASSED. APPROVED on second reading. Public hearing was held. Community_ Development 14. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1387 on second reading amending Section 18--3(1) d of the Code to permit ninety (90) degree parking in all non residential parking spaces. FINAL ACTION: ORDINANCE NO. 0-88--19 PASSED. APPROVED on second reading as amended. Public hearing was held. 15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1394. Petition #18-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1394 on first reading concerning a request by STUART FEINER to rezone the recreation area for the proposed residential development to be known as COLONY COVE located on the east side of NW 88 Avenue, south of Colony West Golf Course Clubhouse, from R--3U (Row House) to S-1 (Open Space/Recreational). Petition #18-Z-88 FINAL ACTION: a. ACCEPTED Affidavits. b. APPROVED on first reading. Second reading and public hearing will be held during the regular City Council meeting, August 24, 1988, at 10:00 A.M. Page 5 8/10/88 Building Department 16. MOTION TO ADOPT Temp. Ord. #1393 on first reading amending Chapter 10-A of -the Code to update the City's flood hazard requirements to meet State and Federal criteria. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held during the regular City Council meeting, August 24, 1988, at 10:00 A.M. Council - V/M Stelzer 17. DISCUSSION AND POSSIBLE ACTION on a Recycling Program. FINAL ACTION: TABLED. • The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol E. Barbuto City Clerk BUDGET WORKSHOP MEETINGS Budget Workshop Meetings will be held by the City Council in Conference Room #1 (City Clerk's Office) on: Monday, August 8 - Starting at 10:30 a.m. Tuesday, August 9 - Starting at 1:00 p.m. Thursday, August 11 - Starting at 9:00 a.m. Page 6 8/10/88 1 E CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 10, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this Regular City Council meeting to Order on Wednesday, August 10, 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 dedicated to Irving Weber, former Charter Board member. PRESENT: ALSO PRESENT: DEDICATION 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 announced that there were religious present to bless the Municipal Complex and the City. A prayer and blessing was given by the following: Father Dominic O'Brien of Saint Malachy's Church, Rabbi Kurt Stone of the Tamarac Jewish Center, Reverend Gerald Martel of The Woodlands United Methodist Church and Kaye Clausac of All Saint's Lutheran Church. INTRODUCTION 1. ANNOUNCEMENT of a vacancy on the BOARD OF ADJUSTMENT for an alternate member. SYNOPSIS OF ACTION: ANNOUNCED. Mayor Abramowitz ANNOUNCED the vacancy of an Alternate position on the Board of Adjustment. He said anybody interested should obtain an application from the City Clerk's Office. CONSENT AGENDA City Clerk 2. e. MOTION TO ADOPT Temp. Reso. #5111 renewing a waiver To the sign chapter of tRe Code for a temporary over -sized ground sign for LAKES OF CARRIAGE HILLS, 6180 Rock Island Road, for one year from 9/14/88. SYNOPSIS OF ACTION: REMOVED from the Agenda. * V/M Stelzer MOVED to REMOVED Item 2., e. from the Agenda, * SECONDED by C/M Rohr. Page 1 �% 8/10/88 VOTE: ALL VOTED AYE CONSIDERATIONS Community Development 7. MOTION TO APPROVE a model sales facility for GREENVIEW APARTMENTS in Building #9 for a six-month period from 8/10/88 to 2/10/89. SYNOPSIS OF ACTION: TABLED. * V/M Stelzer MOVED to TABLE this Item, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE RESOLUTIONS Utilities/Engineering 11. a. MOTION TO ACCEPT a check in the amount of $9,500.00 from NATIONAL SAFETY COUNCIL and to AUTHORIZE issuance of a check in the amount of $9,500.00 from Tamarac to the City of Fort Lauderdale for the installation of a 6-inch master meter at the NATIONAL SAFETY COUNCIL project. b. MOTION TO ADOPT Temp. Reso. #5127 accepting a Tamarac Utilities East Water and Sewer Utility Easement offered by Raymond A. and Leona Rogers for a sewer line from the NATIONAL SAFETY COUNCIL project to an existing sewer line on NW 19 Way. SYNOPSIS OF ACTION: b. TABLED. a. SEE PAGES 11 and 12 for Final Action. * V/M Stelzer MOVED to TABLE Item 11 b., SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE CONSENT AGENDA - Item 2, a through k Building DUartment 2. a. MOTION TO ADOPT Temp. Reso. #5113 releasing a cash bond in the amount of $1,000.00 posted by Heritage Quality Construction Co., Inc., for the swimming pool on Lot 78 of WOODMONT TRACT 57, 8537 NW 77 Street (Permit #205-88). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-204 - PASSED b. MOTION TO APPROVE the attendance of Leonard Kitchman, Fred Hoffman and Cary Bauer, Building Department, at the 23rd Annual Seminar and School of Education of the Florida Association of Plumbing, Gas and Mechanical Inspections on October 3-7, 1988, in Clearwater Beach, Florida. SYNOPSIS OF ACTION: APPROVED. City Clerk c. MOTION TO APPROVE the minutes of the following City Councilmeeti g 1) 6/ 8/88 - Regular Meeting 2) 6/22/88 - Regular Meeting J Page 2 v WAUAM 1 1 1 SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit for -LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 8/27/88 to 2/27/88. SYNOPSIS OF ACTION: APPROVED. e. MOTION TO ADOPT Temp. Reso. #5111 renewing a waiver to the sign chapter of the Code for a temporary over -sized ground sign for LAKES OF CARRIAGE HILLS, 6180 Rock Island Road, for one year from 9/14/88. SYNOPSIS OF ACTION: REMOVED r om the Agenda on Page 1. Utilities/Engineering f. MOTION TO ADOPT Temp. Reso. #5121 declaring the Water and Sewer Developers Agreement or ISLES OF TAMARAC in in default for Lots 3 and 5 of Block 373. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-206 - PASSED APPROVED. g. MOTION TO ADOPT Temp. Reso. #5124 accepting.a Sewer Utty Easement offered by C.F. Holdings, Inc., for the CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION project on Rock Island Road. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--88-207 - PASSED h. 1. MOTION TO ADOPT Temp. Reso. #5114 accepting a Blanket Safety Ingress Egress Easement offered by Icon Development Corporation for the MISSION LAKES project. 2. MOTION TO APPROVE a Water and Sewer Developers Agreement with Icon Development Corporation for the MISSION LAKES PROJECT. (located at Southgate Boulevard and NW 71 Avenue) SYNOPSIS OF ACTION: RESOLUTION NO. R--88--208 - PASSED APPROVED 1 and 2. i. MOTION TO ADOPT Te� mp. Reso. #5115 accepting a Tamarac Utilities West Water and Sewer Utility easement offered by Robert P. Meyer Development Corporation for Lot 6 of WOODMONT TRACT 57 in order to provide sufficient easement for the existing sewer lines constructed on the edge of the existing utility easement. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-209 - PASSED j. 1. MOTION TO ADOPT Temp. Reso. #5116 releasing performance Letter of Credit 65-00100787 in the amount $62,732.00 posted for public improvements at FRIEDES COMMERCE CENTER subject to receipt of a one --year warranty bond in the amount of $15,810.00. Page 3 �% 8/10/88 2. MOTION TO ADOPT Te�. Reso. #5117 accepting a bill of sale offered by F and R TAMARAC, LTD., for the water distribution and sewage collection system improve- ments at FRIEDES COMMERCE CENTER. 3. MOTION TO ADOPT Temp. Reso. #5118 accepting a Blanket Utility Easement offered by F and R TAMARAC, LTD., for the FRIEDES COMMERCE CENTER project. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-210 - PASSED APPROVED 1, 2 and 3. RESOLUTION NO. R--88-211 - PASSED RESOLUTION NO. R-88-212 - PASSED k. 1. MOTION TO ADOPT Te mpg Reso. #4995 accepting a Canal Right -of -Way, Canal Mai enance, and Drainage Easement offered by Fundamental Hopkins --Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 2. MOTION TO ADOPT Temp. Reso. #4996 accepting a Canal Maintenance Easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. (tabled on 4/12/88) SYNOPSIS OF ACTION: RESOLUTION NO. R-88-213 - PASSED APPROVED 1 and 2. RESOLUTION NO. R-88-214 - PASSED * C/M Hoffman MOVED to APPROVE the Consent Agenda Item 2, a. * through k, with the exception of e., SECONDED by C/M Bender. VOTE: OPEN PUBLIC FORUM ALL VOTED AYE 3. 2pen Public Forum James Collier, Resident of Boulevards of Tamarac, had concerns about areas in Tamarac where vehicles are parking on the lawns and swales. He said the City of Lauderdale Lakes recently passed an Ordinance which prohibited the parking of vehicles on lawns and he asked the City Council to consider adopting a similar Ordinance because the property values of these areas were decreasing. He submitted into the record, pictures of these areas and copies of the City of Lauderdale Lakes recent Ordinance. Carl Alper, Resident, had concerns with Tamarac's sign Ordinance. He said there are signs presently in Tamarac that are decreasing the City's beautification. He asked what happened to the Sign Ordinance that was to be revised by the City Attorney. Mayor Abramowitz said the Ordinance was presently being drafted and would be submitted to the City Council when it was completed. Ron Catronio, Resident of Sunflower/Heathgate and Charter Board member, said the families of Sunflower/Heathgate were doing well. He said he was very pleased to see the Municipal Complex occupied and operating. He had concerns regarding the Recreation projects and asked if these projects could be discussed. C/M Hoffman said he would be reporting on these matters during the City Council Reports. Page 4 , f' E, 1 Bernard Hart, Resident, asked if the City Attorney received a ruling from the Attorney General's Office regarding the Charter Board solely creating and submitting Amendments for Ballots. Mayor Abramowitz said the City Attorney would be reporting on this matter during City Attorney's Report. ORDINANCES PUBLIC HEARINGS - 7:30 P.M. City Council 13. PUBLIC HEARING -- MOTION TO ADOPT Temp_ Ord. #1392 on second reading to amend Article II, Sect11.on 18A-8(c) of the Code to delete the requirement that two (2) members of the Parks and Recreation Board be between 16 and 19 years of age. SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-18 - PASSED Public Hear g was held. APPROVED on second reading. City Attorney Doody read Te� mp. Ord. #1392 by title. * C/M Hoffman MOVED to APPROVE Temp.- Ord. #1392 on second reading, SECONDED by C/M Bender. C/M Hoffman said the changing of the Ordinance would not prohibit teenagers from serving on the Board; however, the previous Ordinance with two teenager positions could not be filled. He said this Ordinance would allow the Board to have 7 Regular members in which a quorum would be easier to maintain. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: Community Development ALL VOTED AYE 14. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1387 on second reading amending Section 18-3(1)(d) of the Code to permit ninety (90) degree parking in all non-residential parking spaces. SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-19 - PASSED Public Hearing was held. APPROVED on second reading as Amended. City Attorney Doody read Temp. Ord. #1387 by title. City Attorney Doody said Lines 31 and 32, "except in Residential Districts", should be struck through so the language will read as follows, "All parking spaces shall be 30, 45, 60 or 90 degree angles." * C/M Bender MOVED to APPROVE Temp. Ord. #1387 on second reading * as Amended, SECONDED by C/M Ro i. Thelma Brown -Porter, City Planner, said staff was recommending approval with the Amendments. Mayor Abramowitz Opened the Public Hearing. Page 5 W"A Carl Alper, Resident, said the National Safety Council was against this 90 degree parking because the Ordinance would allow the developers to choose the parking. He said the citizens of Tamarac were elderly and 90 degree parking was dangerous because of the required depth reception that many of the residents had difficulty with. He said if the City passed this Ordinance there may be problems with the City having to be defendants in lawsuits because of development design. Mayor Abramowitz said the Ordinance was not a developers Ordinance. He said there have been surveys taken indicating that more accidents occur because of angle parking as opposed to 90 degree parking.. C/M Rohr said the purpose of the addition of 90 degree parking was to avoid the many Special Exceptions that are being presented to the City Council. He said the Ordinance was not eliminating other parking, it was only being changed to allow 90 degree parking as well as other parking degrees. V/M Stelzer asked if the aisles for 90 degree parking would have "Do Not Enter" and "One way" signs. Mrs. Brown -Porter said this required that at the end of circulation sign be posted. was being done and it was each aisle, a traffic V/M Stelzer asked if this requirement was listed in the Code and Mrs. Brown -Porter said this requirement was listed under the Sub -Division Code currently in effect. Mr. Alper said the City used to require variances for angle parking because the Planning Commission was not refusing the parking requests. He said the only purpose for allowing 90 degree parking was to allow more room on the developments. C/M Hoffman said he favored 90 degree parking because the surveys indicated that 90 degree was safer than angle parking. He said this Ordinance was not being changed for the developers' convenience. Mayor Abramowitz said this Ordinance was not eliminating other types of parking; however, this Ordinance would allow staff to survey the appropriate parking for the area for the safety of the residents. C/M Bender said that 90 degree parking did allow more space in developments; however, the developers were not using this type of parking because it was not available. He said because of this, developers were not interested in building in the City. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: TAPE 2 ALL VOTED AXE 15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1394. Petition #18--Z-88 Page 6 1 1 1 8/10/88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1394 on first reading concerning a request by STUART FEINER to rezone the recreation area for the proposed residential development to be known as COLONY COVE located on the east side of NW 88 Avenue, south of Colony West Golf Course Club- house, from R-3U (Row House) to S-1 (Open Space/Recre- ational). Petition #18-Z-88 SYNOPSIS OF ACTION: Public Hearing held. a. ACCEPTED. b. APPROVED on first reading. Second reading and Public Hearing will be held during the regular City Council meeting, August 24, 1988, at 10:00 A.M. * a. C/M Hoffman MOVED to ACCEPT the Affidavits of Publication, * Mailing and Posting for Temp. Ord #1394, SECONDED by C/M Bender VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1394 by title. * C/M Bender MOVED to APPROVE Temp.- Ord. #1394 on first reading, * SECONDED by C/M Rohr, TAPE 3 Thelma Brown -Porter, City Planner, said the zoning on the property is R-3U. Mrs. Brown -Porter said the request was to rezone the property from R-3U to S-1 for a Recreation Area and Open Space. She said the number of acres is .333 and she recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE REPORTS 4. City Council C/M Hoffman reported that the Parks and Recreation Board reviewed Conceptual Plans for the Tamarac Sports Complex (Tract 27) and the Plans included two Phases. He said Phase I would be constructed first and would include ballfields, a concession stand, parking, tot lot, etc. He said there have been concerns regarding tennis courts at the park; therefore, Phase II would contain approximately 10 tennis courts for the public. C/M Hoffman said the Conceptual Plans for the Multi -Purpose Building have been reviewed and the Final Plans would be brought back to the City Council for approval. C/M Hoffman said all of the ballfields at Tamarac Park are being resodded and a new irrigation system is being installed. He said the ballfields will be completed and ready for play in October, 1988. C/M Hoffman said the Grant monies for the restrooms at Veteran's Park are in the final stages and there may be Grants available for the construction of the Tamarac Sports Complex and the Multi -Purpose Building. He said the City is presently applying for those Grants. Page 7 M. FATI TA :: C/M Rohr reported that he met with the City Manager and three Representatives from Waste Management, Inc. He said the discussion was in regard to Programs for recycling and Waste Management, Inc., was presently drafting proposals. He read a letter submitted by Waste Management, Inc. (SEE ATTACHMENT #1). C/M Rohr said Waste Management, Inc., was working on a convenient program for Condominiums and Residential Homes. He said after the proposal is received, the City Council could decide if Tamarac should create their own program or join with the surrounding Cities in creating a program. C/M Rohr said the tipping fees for the waste is becoming increasingly high; therefore, a recycling program was needed to avoid the rising costs. 0 C/M Bender reported that he was liaison for the Social Services .Board. He said there were several services provided for by the Board and one service was transportation. He said the services allowed transportation to doctor appointments, shopping and hospital visits. He said the Board also provided a Meals on Wheels services for the unabled. C/M Bender said the transportation service has increased and the Board is presently needing volunteer drivers. He asked that those interested in volunteering contact the Social Services Office for further information. V/M Stelzer reported that he was asked to negotiate a program for newspaper recycling by the former Mayor, Walter Falck. He said he investigated a matter and Durbin Paper Company said a program could not be created. He said after negotiating, the City said they would attempt to create their own program; however, after Durbin Paper Company realized they would be losing money, they submitted a proposed newspaper recycling program to the City. V/M Stelzer said during the recent Budget Workshop meetings, the City Council agreed to contact Waste Management, Inc., and negotiate a program to reduce the garbage fees and he would like to see the proposed recycling programs before discussing Item 17. Cif Council - V/M Stelzer 17. DISCUSSION AND POSSIBLE ACTION on a Recycling Program. SYNOPSIS OF ACTION: TABLED un lr a proposal, is received from Waste Management, Inc. * V/M Stelzer MOVED to TABLE this Item until a proposal is * received from Waste Management, Inc., SECONDED by C/M Bender. VOTE: ALL VOTED AYE Mayor Abramowitz reported that the Consumer Affairs Board submitted a report stating that "Sunshine Appliance Company", has presently been shut down by the State until the Internal Revenue Service and the State conduct a Public Hearing as to the Company's license to operate. He asked that the residents contact the Consumer Affairs Office for further information. Page 3 �_. 1 1 UM Mayor Abramowitz commended the City Manager, staff and employees for a good and thorough job in moving to the Municipal Complex. He said he was very happy to see the employees unpacking on Saturday with the help of their families and he thanked all who participated. 5. City Manager Report City Manager Kelly reported that moving and working with staff was a lot of fun. He said the Building and Planning Departments used to be referred to as the "Outhouse Gang" because they were in a trailer behind the Old City Hall. He said he is happy to have the Departments in the same building and part of the Family. He said the move brought everyone closer together and, by the Mayor helping, staff was more inspired in completing the move. C/M Manager said the first Public Hearing on the Budget would be held on September 6, 1988 in the Council Chambers. He said the Chambers also allowed everyone to view Plans from an over -head projector and a projection system. City Manager Kelly said the Municipal Complex had an audio system throughout the building which could be lowered or raised in each room. He said there has been controversy regarding the type of music to be played; therefore, he would be making available several tapes that a representative from each Department could choose from. City Manager Kelly said the New Police Station should be completed and ready for occupancy by March, 1989 and, if there were monies available, he would like to redesign the Fire Station to coincide with the Municipal Complex and Police Station. 6. City Attorney Report City Attorney Doody reported that he received a reply from the Attorney General's Office regarding the Charter Board's ability to submit Amendments of the Charter for Referendum. He said the Attorney General's Office replied as follows: "Chapter 166 provides that Charter Amendments may be by, voter initiative or by Ordinance of the Governing Body and, additionally, Chapter 166 stated "This Section (Chapter 166) shall be supplemental to the provisions of all other laws relating to the Amendment of Municipal Charters and is not intended to diminish any substantive or procedural power vested in any Municipality by present law." (SEE ATTACHMENT #2) City Attorney Doody said the opinion, as he interpreted answers the two questions. 1) The opinion states that Chapter 166 is solely by which Municipal Charters can be Amended, by initiative or by Ordinance of the Governing Body, 2) The language in Chapter 166 states that the language in Chapter 166 shall be supplemental to other provisions of present law, meaning other existing State Laws. City Attorney Doody said the State Law provides law for Notices, Advertising and Title of Charter Amendments. Page 9 w" CONSIDERATIONS General Administrative 8. MOTION TO APPROVE the transfer of approximately $10,000.00 from Federal Revenue Sharing Contingency to various accounts to purchase office equipment for various departments. SYNOPSIS OF ACTION: APPROVED. City Manager Kelly said the City Council previously transferred Revenue Sharing money into the Contingency Account. He said the City no longer requires a Public Hearing.to expend the money. He said this approval would allow the transfer of the monies to specific Departments in the City for office equipment. He said the transfer would be $12,200.00 as opposed to $10,000.00 because of the accumulated interest. He said this money must be expended in total by September 30, 1988 or be returned to the Federal Government. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. ALL VOTED AYE RESOLUTIONS Community Development 9. MOTION TO ADOPT Tem2 Reso. #5125 acknowledging certain real property annexation of 6 17 88 which extended and enlarged the corporate limits of the City to include specified unincor- porated lands within said corporate limits. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-215 - PASSED City Attorney Doody read Temp. Reso. #5125 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. Thelma Brown -Porter, City Planner, said this Resolution was to acknowledge the annexation of the land and inform the State of the annexation so that the City Map could be updated. She said staff reviewed the Resolution and it was in the proper order for recordation. City Attorney Doody said an Ordinance would be brought before the City Council at the August 24, 1988 meeting to amend the Charter's City Boundaries. V/M Stelzer asked Mrs. Brown -Porter to indicate the parcels annexed and Mrs. Brown -Porter said the following parcels were annexed: Banyon Lakes, Plat Book 102, Page 18 Shaker Village, Condominium Building B through F, unplatted Villas at Woodland Green, Plat 100, Page 27 Woodland Meadows, unplatted and unrecorded, Book 4, Page 31 (described as a parcel of land located at the S.E. corner of Bailey Road and NW 61 Avenue) Woodland Greens, Plat Book 88, Page 17 (described as a parcel of property located on the north side of Commercial Boulevard between NW 58 Way and NW 57 Way) Comrock, Plat Book 95, Page 47 Comrock 1st Addition, Plat Book 102, Page 34 1 1 Page 10 ✓ 8/10/88 Villas at The Gate, Plat Book 104, Page 6 ' Village at the Gate Condominiums, Phase I, II, III and IV Woodland 10 Condominium The Gate I, II and III Condominium Woodland Lake Estates, Plat Book 116, Page 50 (described as the property located at the S.E. corner of Bailey Road and Rock Island Road, a portion of Tract 9 Section 11, Township 49 south, Range 41 east) Fort Lauderdale Truck Farms, Plat Book 4, Page 31 Mayor Abramowitz said the value of the properties annexed was $67,000,000.00. City Manager Kelly said the City recently received the estimated population of Tamarac which indicated 39,600. He said the annexation was not included because the population should be over 42,000; however, he called the State and informed them of the increase. He said he would be challenging the State so that the City could receive the monies for the additional population. He said as of dune 17, 1988, the City had to begin providing Municipal services to the annexed areas and the monies for the services would not begin to be received until next year's Budget. V/M Stelzer said the annexation plans for these properties were discussed several years ago and he thanked Thelma Brown -Porter and City Manager Kelly for the wonderful job in getting these properties annexed. He said there were several other properties being considered at this time. Mayor Abramowitz said the surrounding Mayors were surprised at how fast this annexation took place. He commended Thelma Brown -Porter and City Manager Kelly for doing such a wonderful job. VOTE: ALL VOTED AYE Public Works and Utilities Departments 10. MOTION TO ADOPT Temp. Reso. #5126 awarding Bid #88--26 to Uniforms for Industry, Inc., in the amount of $572.75 per week for uniform rental service. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-216 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5126 by title. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE Utilities/Engineering 11. a. MOTION TO ACCEPT a check in the amount of $9,500.00 from NATIONAL SAFETY COUNCIL and to AUTHORIZE issuance of a check in the amount of $9,500.00 from Tamarac to the City of Fort Lauderdale for the installation of a 6-inch master meter at the NATIONAL SAFETY COUNCIL project. b. MOTION TO ADOPT Temp. Reso. #5127 accepting a Tamarac Utilities East Water and Sewer Utility Easement offered by Raymond A. and Leona Rogers for a sewer line from the NATIONAL SAFETY COUNCIL project to an existing sewer line on NW 19 Way. Page 11 .�M.,. 8/10/88 SYNOPSIS OF ACTION: a. APPROVED. b. TABLED on Page 2. a. City Attorney Doody read Agenda Item 11 a. * C/M Bender MOVED to APPROVE Item 11 a., SECONDED by C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said the check was for a Master Meter and the City of Fort Lauderdale would not accept a check from the National Safety Council; therefore, the City was accepting the check and forwarding it to the City of Fort Lauderdale. ki0314-An City Council. ALL VOTED AYE 12. MOTION TO ADOPT Temp. Reso. #5128 appointing two (2) members to the Parks and Recreation Board. SYNOPSIS OF ACTION: APPROVED the appointment of: William H. George, Jr. Ben Zuger RESOLUTION NO. R-88--205 -- PASSED City Attorney Doody read Temp. Reso. #5128 by title. C/M Hoffman NOMINATED William H. George, Jr. and Ben Zuger as members. V/M Stelzer NOMINATED Robert A. Curcio as a member. At.this time, Carol E. Barbuto, City Clerk, called the vote for the Nominees: C/M Hoffman - William H. George, Jr. Ben Zuger C/M Rohr -- William H. George, Jr. Ben Zuger C/M Bender - William H. George, Jr. Ben Zuger V/M Stelzer -- Robert Curcio Ben Zuger Mayor Abramowitz - William H. George, Jr. Ben Zuger ** William H. George, Jr. and Ben Zuger were appointed to the Parks and Recreation Board by a 4 to 1 Vote. TAPE 4 City Attorney Doody suggested the City Council approve the Resolution with the appointments. * C/M Hoffman MOVED to APPROVE Temp._ Reso. #5128 appointing * William H. George, Jr. and Ben Zuger as members of the Parks * and Recreation Board, SECONDED by C/M Bender. VOTE: ALL VOTED AYE 1 11 1 Page 12 �_. 8/10/88 ORDINANCES Building Department 16. MOTION TO ADOPT Temp. Ord. #1393 on first reading amending Chapter 10-A of Code to update the City's flood hazard requirements to meet State and Federal criteria. SYNOPSIS OF ACTION: APPROVED on first reading. Second reading and Public Hearing will be held during the regular City Council meeting, August 24, 1988, at 10:00 A.M. City Attorney Doody read Tem2 Ord. #1393 by title. * C/M Hoffman MOVED to APPROVE Te_ m2_ Ord. #1393 on first * reading, SECONDED by C/M Bender. Bob Jahn, Chief Building Official, said the Ordinance was a house cleaning measure. He said this year, the National Flood Council asked all the Cities for their Ordinances in their Code for evaluation. He said the National Flood Council recommended several Amendments so that the City could keep and maintain their certification for the purchase of Flood Insurance. City Attorney Doody asked if the Ordinance was appropriate for the Amendments and Mr. Jahn said the language submitted to the City by the National Flood Council was placed in the Ordinance. Mayor Abramowitz asked City Attorney Doody if he concurred with the Ordinance and the opinion of the National Flood Council and City Attorney Doody said he relied on staff's recommendations because the Ordinance was a technical matter. He said the Building Department assisted greatly in the drafting of the Ordinance by providing the recommendations from the National Flood Council. Mr. Jahn said this insurance saved the residents a gr at deal of money. With no further business, Mayor Abramowitz ADJOURNED this meeting at 8:40 P.M. NOR AN ABRAMOWITZ, MAYOR CAROL VAIgn CITY CLERK "This public document was promulgated at a cost of $154.80 or, $4.30 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the,City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF '?11( q J Page 13 RECYOLEAMERICII 25 11WW August 8, 1988 Mr. John P. Kelly, City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 RE: RESIDENTIAL RECYCLING PROPOSAL Dear Mr. Kelly: This letter is to follow ip on our previous meetings and discussions with you and other city representatives regarding the design of a city- wide residential recycling program for the City of Tamarac, and to report on the status of our formal response to the city's recycling inquiry. We are currently in the final-"9tages of preparing a draft proposal for your review and comment. Yet to be completed however, is a survey of the various multi -family residential communities in the city. Because of the variety of multi -family building types and various methods of solid waste handling and collection, we believe this "on site" survey is essential to complete our formal proposal. To this end, I had previously made tentative arrangements to conduct such a survey during early August with the help of Councilman Henry Rohr. I talked with Mr. Rohr today and have scheduled to meet with him tomorrow to complete this task. It is our intent to have a draft proposal to you by the middle of next week. We appreciate your assistance in helping us design a recycling program that will be the best and most effective in meeting the city's needs. In light of the recent state solid waste and recycling legislation, the culmination of this effort comes at a very opportune time. Sincerel , Warren N. Smith Director, Market Development Waste Reduction WNS/cb cc: Mayor Norman Abramowitz City Council Members Ed Johnson, Southern Sanitation Piinied on recycled paper fir'; r 1 n 1 OFFICE OF THE ATTORNEY GENERAL AOBERT A.,Bu TERWORTH Attorney General State of Florida July 26, 1988 DEPARTMENT OF LEGAL AFFAIRS THE CAPITOL TALLAHASSEE, FLORIDA 323"-1050 Mr. Richard L. Doody City Attorney City of Tamarac 5811 Northwest 88th Avenue Tamarac, Florida 33321 Dear Mr. Doody: You have asked substantially the following questions: (1) Do the provisions of s. 166.031, F.S., providing for charter amendments, prevail over conflicting provisions contained in a municipal charter? E:1:�I7 (2) May only the governing body of a municipality submit proposed amendments to the charter for referendum? (3) Should the governing body propose an amendment to the charter by ordinance? (4) Does the language in s. 166.031(3), F.S., stating that the provisions of the section are supplemental to the provisions of all other laws, refer to state laws? in sum, it is my opinion that: (1) The provisions of s. 166.031, F.S., prevail over conflicting provisions contained in a municipal charter. (2) Section 166.031, F.S., permits changes to a municipal charter to be proposed by the governing body or by petition of the electors of the municipality. 0 AN AFFIRMATNt ACTION/FOUAL OPPORTUNITY EMPLOYER Mr. Richard L. Doody Page Two 88-30 (3) The governing body must submit its proposed amendment to the municipal charter to the electors by ordinance. (4) The provisions of s. 166.031(3), F.S., are supple- mental to other provisions of state law. QUESTION ONE Section 2(a), Art. VIII, State Const., provides that municipal charters may be amended pursuant to general or special law. Section 166.031(1), F.S., states; The governing body of a municipality may, by ordinance, rr the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such munici- pality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. (e.s.) A legislative directive as to how a thing shall be done is, i effect, a prohibition against it being done in any other way. This office has previously.concluded that any charter provision adopted or readopted subsequent to the effective date of the Municipal Home Rules powers Act, Ch. 166, F.S., can only be amended in accordance with the provisions of s. 166.031, F.S.2 In addition, this office in AGO 75-223 specifically advised the City of Tamarac that its charter could not be amended except as provided in s. 16 6.031, F.S. Moreover, while Florida courts have recognized that legislation may be concurrent, that is, enacted by both state and local government in areas which have not been specifically preempted by the state, concurrent legislation enacted by municipalities may not conflict with state law. Therefore, based upon the above, I am of the opinion that the procedure for amending municipal charters set forth in Mr. Richard L. Doody Page Three s. 166.031, F.S., would prevail over a conflicting provision in the City of Tamarac charter. QUESTION „ TWO Section 166.031(1), F.S., authorizes the governing body by ordinance, or the electors of the municipality by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, to submit to the electors of the municipality a proposed amendment to its charter. The governing body is responsible for placing the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within. the municipality or at a special election called for that purpose. Section 166.031, F.S., thus authorizes the amendment of a municipal charter by two methods, by ordinance or by initiative petition. As noted in Question One, concurrent legislation enacted by a municipality may not conflict with state law; if such conflict arises, state law will prevail. As a corollary, a municipality cannot forbid that which the Legislature has licensed, authorized or require, nor may it authorize that which the Legislature has forbidden. Accordingly, inasmuch as s. 166.031, F.S., authorizes both the governing body and the electors to submit proposed amendments to the charter for referendum, I am of the opinion that a municipal charter may not limit the authority to propose amendments to its terms to only the governing body of a municipality. UESTION THREE Section 166.031(l), F.S., states that the governing body of a municipality may, b ordinance, submit to the electors a proposed amendment to the charter. The statute father provides that the governing body shall place the proposed amendment contained in the ordinance to a vote of the electors. As stated previously, a egis at vei5irection as to how a thing shall be done is, in; effect, a prohibition against it being done in any other way. Based upon the above language, it appears clear that the munici- pal governing body may propose an amendment to the municipal charter only by ordinance. Mr. Richard L. Doody Page Four 88-30 9-UESTIONFOUR Section 166.031(3), F.S., provides in part that "[t)his section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law." You 'ask whether the reference to law in the above statute refers to state law. The term "by law" as used in the Constitution or statutes has generally been interpreted to mIP-PI n a statute adopted by both houses of the State Legislature. Accordingly, the reference in s. 166.031(3), F.S., to "laws" would ,appear to refer to other state statutes relating to the amendment of municipal charters. 8 It would not appear to authorize a municipality by ordinance or charter to alter the terms of s. 166.031, F.S. Sincerely, Robert A. Butterworth: Attorney General RAB/tjw 1 Alsop V. Pierce, 19 So.2d 799, 805-806 (Fla. 1944); Thayer v. State, 335 So.2d 815, 817 (Fla. 1976). 2 See, AGO 77-135; and see, AGO 79-80 in which this office concluded that the Lake Wales City Commission may not unilaterally amend its municipal charter but rather was bound by the provisions of s. 166.031. Cf., s. 166.031(3), F.S., authorizing the amendment of a municipal charter pursuant to s. 166.031, F.S., notwithstanding any charter provisions to the contrary. 3 City of Miami Beach v. Rocio Corporation, 404 So.2d 1066 (3 D.C.A. Fla.,, 1981), ,Qet. for rev. denied, 408 So.2d 1092 (Fla. 1981); Board of Trustees of City of Dunedin V. Dulje, 453 So.2d 177 (2 D.C.A. Fla., 1984), stating that a municipality may not enact legislation which directly conflicts with a state statute; Mr. Richard L. Doody 88-30 Page Five where a conflict arises, the state statute must prevail. And see, City of Hialeah v. Martinez, 402 So.2d 602 (3 D.C.A. F3a., 199'1), pet. for rev_. dismissed, 411 So.2d 380 (Fla. 1981) (municipal charter cannot make unlawful that which the Legisla- ture has made lawful). 4 Rinzler v. Carson, 262 So.2d 661, 668 (Fla. 1972); City of Hialeah v. Martinez, supra. See generally, Scavella v. Fernandez, 371 So.2d 535 (3 D.C.A. Fla., 1979) (where state had granted right or permission to do.something within a certain period of time, county could not prohibit or restrict the exercise of that right); AGO 82-92. Cf., Gaines v. City of Orlando, 450 So.2d 1174, 1177n.2 (5 D.C.A. Fla., 1984) (upon submission of petition signed by 15 percent of city"s registered voters, city had clear legal duty to verify those signatures and then to hold the election pursuant to Ch. 166, F.S.). 5 See, footnote 1, supra. 6 See, Reino v. State, 352 So.2d 853 (Fla. 1977) (where language of.statute is clear and unequivocal, legislative intent may be gleaned from words used without applying incidental rules of construction); Citizens of State v. Public Service Commission, 425 So.2d 534 (Fla. 1982) (where language of statute is plain and unambiguous as to fix legislative intent, courts should not depart from plain language used by Legislature). And see, AGO 78-61 stating that the governing body may propose an amendment to the municipal charter by _ordinance and submit the same to the electors of the municipality for approval. 7 See, Advisory Opinion to Governor, 22 So.2d 398 (Fla. 1945) (term "by law" as used in Constitution means a statute passed by both houses of the Legislature); Grapeland Heights Civic Asso- ciation v. City of Miami, 261 S0.2d 321, 324 (Fla. 1972) ("'law" in our constitution means an enactment by the State Legisla- ture . not by a City Commission or any other political body"); Broward County v. Plantation Imports, Inc., 419 So.2d 1145 (4 D.C.A. Fla., 1982); AGO's 84--51, 84-39 and 79-109. And see, State ex rel. Veale v. City of Boca Raton, 353 So.2d 11­9T_ T4 D.C.A. Fla., 1977) (term "provided by law" means provided by statute); AGO 85-19. 8 See, 2.2., ss. 101.161 (referenda; ballots); 100.342, F.S. (notice of special election or referendum).