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HomeMy WebLinkAbout1988-10-12 - City Commission Regular Meeting Minutes1 752' N Vv 88th AVENUE 7AM4RAC. F L. C) R; DA 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OCTOBER 12, 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. 6:45 P.M. -- POW/MIA Flag Raising Ceremony INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating October 9-15, 1988, as FIRE PREVENTION WEEK. FINAL ACTION: PRESENTATION was made to Fire Chief Ray Briant. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating October 23-29, 1988, as FORGET ME NOT WEEK. FINAL ACTION: PRESENTATION was made to representatives of Disabled American Veterans. CONSENT AGENDA 3. Items listed under Consent Agenda, Item 3, 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. #5193 releasing a cash bond in the amount of $2,355.00 posted by Green Kroll at Woodmont for beautification of Lot 56 of WOODMONT TRACT 71 (Permit 42139) (880323). FINAL ACTION: APPROVED. RESOLUTION NO. R-88-274 PASSED. Page 1 10/12/88 F__ 3. b. MOTION TO ADOPT Temp. Reso. #5194 releasing a cash bond in the amount of $9,150.00 posted for beautification of the Clairmont. Recreation Area (Permit #1200-87) (881311). FINAL ACTION: APPROVED. RESOLUTION NO. R-88-275 PASSED. C. MOTION TO ADOPT Temp. Reso. #5195 releasing a cash bond in the amount of $1,500.00 posted by Edward H. Kruse III for a screen enclosure at 7835 NW 86 Terrace (Permit 87 2042) (880613). FINAL ACTION: APPROVED. RESOLUTION NO. R-88-276 PASSED. d. MOTION TO ADOPT Temp. Reso. #5197 releasing a cash bond in the amount of $7,318.50 posted by SACHS KLEMOW, INC., for a pool on Lot 8, Block 50 (Permit 88-636) (880718) FINAL ACTION: APPROVED. RESOLUTION NO. R-88-277 PASSED. e. MOTION TO ADOPT Temp. Reso. #5196 releasing a cash bond in the amount of $1,500.00 posted by Enrique and Diana Morandi as a homeowners warranty against construction defects for a home located at 7615 Banyan Way, Lot 55 of Woodmont Tract 63 (Permit 918) (851209). FINAL ACTION: RESOLUTION NO. R-88-278 PASSED. APPROVED. City Clerk f. MOTION TO APPROVE the minutes of the following City Council meetings: 1) 9/20/88 -- Special Meeting 2) 9/22/88 - Special Meeting (Budget) FINAL ACTION: APPROVED. g. MOTION TO APPROVE renewal of the model sales and administration office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 10/26/88 to 4/28/89. FINAL ACTION: APPROVED. h. MOTION TO APPROVE renewal of a model sales permit for WOODMONT CORP. Tracts 47, 50, 54, 57, 60, 70, 71 and 72-B for a six-month period from 11/11/88 to 5/11/89. FINAL ACTION: REMOVED for discussion and then TABLED. Page 2 10/12/88 3. i. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 10/22/88 to 4/22/89. FINAL ACTION: APPROVED. j. MOTION TO ADOPT Temp._Reso. #5192 approving renewal of a waiver to the provisions of the sign ordinance for a temporary directional sign for KINGS POINT located on the east side of Nob Hill. Road, north of Westwood Drive for one-year from 10/23/88. FINAL ACTION: RESOLUTION NO. R--88-279 PASSED. APPROVED. Finance Department k. MOTION TO APPROVE the attendance of Thelma Fagelbaum at the Florida Government Finance Officers Association Basic/Intermediate Seminar in Sarasota, Florida, November 7-9, 1988. FINAL ACTION: APPROVED. 1. MOTION TO ADOPT Temp.__Reso. #5205 approving a maintenance agreement with Lightning Control Systems, Inc., for the Emerson uninterruptible power supply for fiscal year 1988/89 in the amount of $2, 420.00. FINAL ACTION: RESOLUTION NO. R--88-280 PASSED. APPROVED. General Administrative M. MOTION TO APPROVE payment in the amount of 2,225.12 to the Florida League of Cities for the annual membership dues for the period of 10/1/88 through 9/30/69. FINAL ACTION: APPROVED. Police Department n. MOTION TO APPROVE refund in the amount of $68.00 to David Goldstein representing payment for an off -duty police detail which was not performed. FINAL ACTION: APPROVED. Page 3 10/12/88 Utilities/Engineering 1 3. o. 1) MOTION TO ADOPT Temp. Reso. #5198 releasing warranty Letter of Credit #00304387 in the amount of $18,912.90 posted for public improvements at WOODMONT TRACT 74/75, Site Plan V. 2) MOTION TO ADOPT Temp. Reso. #5199 releasing warranty Letter of Credit #30438600 in the amount of $3,330.00 posted for public improvements at WOODMONT TRACT 74/75, Site Plan VI. FINAL ACTION: APPROVED 0.1 and 0.2. RESOLUTION NO. R-88-281 PASSED. RESOLUTION NO. R-88-282 PASSED. P. MOTION TO ADOPT Temp. Reso. #5201 releasing warranty Letter of Credit IC-5189 in the amount of $4,619.50 posted for public improvements at WOODLAND VILLAS. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-283 PASSED. q. MOTION TO ADOPT Temp. Reso. #5200 releasing warranty bond #4558663 in the amount of $25,048.75 posted for public improvements at the BEDDING BARN. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-284 PASSED. OPEN PUBLIC FORUM 4. 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. 5. City Council FINAL ACTION: REPORTS were made. 6. City Manager FINAL ACTION: NONE. 7. City Attorney FINAL ACTION: NONE. REPORTS Page 4 10/12/88 CONSIDERATIONS C� L City Council - C/M Hoffman 8. DISCUSSION AND POSSIBLE ACTION to determine whether the City Attorney shall prepare an ordinance pertaining to the regulation of rental dwelling units within the City. FINAL ACTION: APPROVED. General Administrative 9. MOTION TO APPROVE partial release of retainage in the amount of 354,243.00 to James A. Cummings, Inc., for the construction of the TAMARAC MUNICIPAL COMPLEX, CITY HALL BUILDING. FINAL ACTION: TABLED. 10. MOTION TO APPROVE an engagement letter with Touche Ross & Co. in the amount of $2,500.00 to perform an audit of the Utilities and Engineering Departments pursuant to Section 5.04(h) of the Charter. FINAL ACTION: APPROVED. utilities/Engineering 11. MOTION TO APPROVE Addendum #9 to the engineering agreement with Hazen and Sawyer in the amount of $11,600.00 covering design of polymer storage and metering facilities and design of a standard lift station control panel for TUW Project 86-14, Water Treatment Plant Improvements. FINAL ACTION: APPROVED. 12. MOTION TO APPROVE the use of Drew -Floc as a sole source constituent in the water treatment process. FINAL ACTION: APPROVED. RESOLUTIONS City Attorney 13. MOTION TO ADOPT Temp. Reso. #5202 providing for rules of procedure for grievance hearings held pursuant to Section 52.02 of the Personnel Manual. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-285 PASSED. Page 5 10/12/88 City Clerk 14. MOTION TO ADOPT Temp. Reso. #5184 approving waiver of the i =nTprocess and renewal of an agreement with Eastman Kodak Company for lease of a Model 225 copier at a monthly cost of $959.46, plus per copy charges, for a three year period (tabled on 9/28/88). FINAL ACTION: RESOLUTION NO. R-88-286 PASSED. APPROVED. Community Development 15. MOTION TO ADOPT Temp. Reso. #5204 approving a revised site plan reflecting a storage room at the BERMUDA CLUB clubhouse. FINAL ACTION: RESOLUTION NO. R-88-287 PASSED. APPROVED with the following conditions: 1. Building may not infringe into the sanitary sewer area and building to be a minimum ten (10) feet from sanitary sewer line. 2. Storage room to comply with Chapter 11 for Group F Occupancy, Division 1 - Storage, SFBC. 3. New addition not to obstruct any existing exits or exiting through storage room. 4. Items to be stored must be identified. 5. Building lighting plan to be submitted and additional fire to show emergency extinguishers. 16. MOTION TO ADOPT #5206 revising the fee for _Temp. _Reso. consideration of -minor adjustments on site plans. FINAL ACTION: RESOLUTION NO. R-88-288 PASSED. APPROVED. 17. MOTION TO ADOPT Temp. Reso. #5203 appointing R. L. (Mike) Von Hofen as the City's representative to the Broward County Committee for Community Development. FINAL ACTION: APPROVED. General Administrative RESOLUTION NO. R-88-289 PASSED. 18. MOTION TO ADOPT Temp. Reso. #5187 authorizing the appropriate City officials to execute a sale and purchase agreement for the PUBLIC WORKS property located at the northeast corner of Commercial Boulevard and NW 88 Avenue (tabled on 9/28/88). FINAL ACTION: APPROVED. Subject to attorneys correctness. RESOLUTION NO. R-88-290 PASSED. reviewing the agreement for Page 6 10/12/88 nbnTTTTT0Vq PUBLIC HEARINGS - 7:30 P.M. Community Development 19. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1409 on second reading to vacate the north 5-feet of the 20 foot utility easement at the rear of Lots 29, 30, 31 and 32, Block 6 of Springlake II (Building 14). FINAL _ACTION: ORDINANCE NO. 0-88-32 PASSED. APPROVED on second reading. Public hearing was held. 20. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1410 on second reading to revise the occupational license tax classifications and fees. FINAL ACTION: ORDINANCE NO. 0-88-33 PASSED. APPROVED on second reading. Public hearing was held. 21. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1406 on second reading to amend Section 28-25(b) of the Code in order to revise the fee for rezonings. FINAL ACTION: ORDINANCE NO. 0-88-34 PASSED. APPROVED on second reading. Public hearing was held. 22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1407 on second reading to amend Section 28--12 of the Code in order to revise the fee for variances before the Board of Adjustment. FINAL ACTION: ORDINANCE NO. 0-88-35 PASSED. APPROVED on second reading. Public hearing was held. Utilities/Engineering 23. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1408 on second reading to amend Section 13.01 of the City Charter to reflect the new City boundaries resulting from the adoption of H.B. 1250 by the Florida Legislature. FINAL ACTION: ORDINANCE NO. 0-88-36 PASSED. APPROVED on second reading. Public hearing was held. END OF PUBLIC HEARINGS City Council 24. MOTION TO ADOPT Temp. Ord. #1412 on first reading to amend Chapter 17 of the Code by creating a section prohibiting graffiti on walls, public buildings and private property. FINAL ACTION: APPROVED as amended on first reading. Second reading and public hearing will be held during a Regular City Council meeting on October 26, 1988, at 10:00 A.M. Page 7 10/12/88 General Administrative 1 25. MOTION TO ADOPT Tem Ord. #1413 on first reading to amend Article I, Section 2-3.2 of the Code to provide for an amended schedule of fees for photocopying. FINAL ACTION: APPROVED on first. reading. Second reading and public hearing will be held during a Regular City Council meeting on October 26, 1988, at 10:00 A.M. AGENDIZED BY CONSENT 26. MOTION TO ACCEPT $1,750 received from Jim Brady on behalf of his clients for the City's 25th anniversary celebration. Surplus may be used for bus benches and an annual committee appreciation week. FINAL ACTION: ACCEPTED. 27. MOTION TO APPROVE the purchase of a magnetic dosimeter. FINAL ACTION: APPROVED. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such. meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. c Carol A. Evans City Clerk Page 8 10/12/86 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 12, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, October 12, 1988 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiad e-followed by a moment of silent meditation. PPRgF.MT ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor ,lack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary 6:45 P.M. - POW/MIA Flag Raising Ceremony SYNOPSIS OF ACTION: Ceremony took place at 6:45 P.M. in front of the Municipal Complex. Mayor Abramowitz announced that the Flag was raised at 6:45 P.M. in front of the Municipal Hall Complex on behalf of the POW/MIA Soldiers. He said the Municipal Hall Complex was privileged to have the flag flying on behalf of the POW/MIA Soldiers. INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating October 9--15, 1988, as FIRE PREVENTION WEEK. SYNOPSIS OF ACTION: PRESENTATION was made to Fire Chief Ray Briant. Mayor Abramowitz read the proclamation and presented it to Fire Chief Ray Briant. Chief Briant thanked the City Council and Mayor for the proclamation and invited the City to Fire Station #1 during this week to observe a Fire Prevention Program that would be presented to approximately 1,200 children. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating October 23-29, 1988, as FORGET ME NOT WEEK. SYNOPSIS OF ACTION: PRESENTATION was made to Tamarac Disabled American War Veterans, Chapter 73. Mayor Abramowitz read the proclamation and presented it to the Tamarac American War Veterans, Chapter 73. Page 1 10/12/88 Commander Blank thanked the City Council and Mayor for the proclamation and for their participation in Forget Me Not Week. AGENDIZED BY CONSENT RECOGNITION by the Mayor and City Council of the services of Phil Weinberger, Safety Officer of the Tamarac Presidents Council. SYNOPSIS OF ACTION: RECOGNITION was made. Mayor Abramowitz introduced Phil Weinberger, Safety Officer of the Tamarac Presidents Council. He said Mr. Weinberger was an asset to the City and thanked him for his hard work and concern in the Safety of Tamarac. Mr. Weinberger thanked the City Council and Mayor for their recognition of his services. He said he was proud to report that a traffic light would be placed in the vicinity of 64th Avenue within the next few weeks. 26. MOTION TO ACCEPT $1,750.00 received from Jim Brady on behalf of the client's for the City's 25th Anniversary Celebration. SYNOPSIS OF ACTION: APPROVED the donation of $1,750.00. Surplus may be used for bus benches and an annual Committee Appreciation Week. Jim Brady, Attorney, congratulated the City for their 25th Anniversary on behalf of his firm, PSI - Midway Plaza, Amocco Oil Company, Colonial Development, Budgetel Hotel and Craven & Thompson Associates and presented a donation of $1,750.00 for the 25th Anniversary Fund. Mayor Abramowitz said the City was hoping that there would be money left over from the 25th Anniversary Celebration. He said there was a need for additional bus benches and he would like to spend the access money for these benches. Also, he would like to conduct an annual Committee Appreciation Week for the various Committees within the City for their volunteer work and contribution to the City. He asked Mr. Brady if the contribution of $1,750.00 could be applied to those projects. Mr. Brady said his Firm and the various Agencies wished the City well on both of those projects. * C/M Rohr MOVED to APPROVE the acceptance of the donation in * the amount of $1,750.00, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE CONSENT AGENDA Finance Department 3. k. MOTION TO APPROVE the attendance of Thelma Fagelbaum at the FloridaGovernment Finance Officers Association Basic/Intermediate Seminar in Sarasota, Florida, November 7-11, 1988. SYNOPSIS OF ACTION: ; AMENDED the Documents and Agenda to read "November 7-9, 1988". Page 2 10/12/88 V/M Stelzer said he would like to change the necessary documents to indicate the days as "November 7-9, 1988". 3. h. MOTION TO APPROVE renewal of a model sales permit Tor WOODMON COR ., Tracts 47, 50, 54, 57, 60, 70, 71 and 72-B, for a six-month period from 11/11/88 to 5/11/89. SYNOPSIS OF ACTION: REMOVED Tor —separate discussion. (SEE PAGES 5, 6 and 7 for Final Action) City Attorney Doody said a member of the audience asked to speak on Consent Agenda Item 3, h., and suggested it be removed for separate discussion. * C/M Hoffman MOVED to REMOVE Item 3, h. from the Consent Agenda * for separate discussion, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE CONSENT AGENDA - Item 3, a. thresh c Building Department 3. a. MOTION TO ADOPT Temp. Reso. #5193 releasing a cash bond in the amouf 2,355.00 posted by Green Kroll at Woodmont for beautification of Lot 56 of WOODMONT TRACT 71 (Permit #2139) (880323). SYNOPSIS OF ACTION: RESOLUTION NO. R-88--274 - PASSED APPROVED. b. MOTION TO ADOPT Temp. Reso. #5194 releasing a cash bond in the amount of $9,150.00 posted for beautification of the Clairmont Recreation Area (Permit #1200-87) (881311). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-275 - PASSED c. MOTION TO ADOPT Temp. Reso. #5195 releasing a cash bond in the amount o $1,500.00 posted by Edward H. Kruse III for a screen enclosure at 7835 NW 86 Terrace (Permit #87-2042) (880613). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-276 - PASSED d. MOTION TO ADOPT Temp. Reso. #5197 releasing a cash bond in —the amount o 7,318.50 posted by SACHS KLEMOW, INC., for a pool on Lot 8, Block 50 (Permit #88-636) (880718). SYNOPSIS OF ACTION: RESOLUTION NO. R-88-277 - PASSED APPROVED. e. MOTION TO ADOPT Tem. Reso. #5196 releasing a cash bond in the amount o 1,500. 00 posted by Enrique and Diana Morandi as a homeowners warranty against construction defects for a home located at 7615 Banyan Way, Lot 55 of Woodmont Tract 63 (Permit #918) (851209). YNOPSIS OF ACTION: APPROVED, RESOLUTION NO. R-88-278 - PASSED Page 3 10/12/88 City Clerk f. MOTION TO APPROVE the minutes of the following City Councilmeetings: 1) 9/20/88 - Special Meeting 2) 9/22/88 - Special Meeting (Budget) SYNOPSIS OF ACTION: APPROVED. g. MOTION TO APPROVE renewal of a model sales and adrinzstratian office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 10/28/88 to 4/28/89. SYNOPSIS OF ACTION: APPROVED. h. MOTION TO APPROVE renewal of a model sales permit for WOODMONT CORP., Tracts 47, 50, 54, 57, 60, 70, 71 and 72-B, for a six-month period from 11/11/88 to 5/11/89. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 3. (SEE PAGES 5, 6 and 7 for Final Action). i. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 10/22/88 to 4/22/89. SYNOPSIS OF ACTION: APPROVED. j. MOTION TO ADOPT Temp. Reso. #5192 approving renewal of a waiver to the provisions of —the sign ordinance for a temporary directional sign for KINGS POINT located on the east side of Nob Hill Road, north of Westwood Drive for one-year from 10/23/88. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-279 - PASSED APPROVED. Finance Department k. MOTION TO APPROVE the attendance of Thelma Fagelbaum at the Florida Government Finance Officers Association Basic/Intermediate Seminar in Sarasota, Florida, November 7-9, 1988. SYNOPSIS OF ACTION: AMENDED the Documents and Agenda to read "November 7-9, 1988" on Page 2. APPROVED. 1. MOTION TO ADOPT Temp. Reso. #5205 approving a maintenance agreement wit Lx�ning Control Systems, Inc., for the Emerson uninterruptible power supply for fiscal year 1988/89 in the amount of $2,420.00. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-280 - PASSED APPROVED. Page 4 10/12/88 C General Administrative m. MOTION TO APPROVE payment in the amount of $2,225.12 to the Florida eL ague of Cities for the annual membership dues for the period of 10/1/88 through 9/30/89. SYNOPSIS OF ACTION: APPROVED. Police Department n. MOTION TO APPROVE refund in the amount of $68.00 to David Goldstein representing payment for an off -duty police detail which was not performed. SYNOPSIS OF ACTION: APPROVED. / n Utilities ineering E ,q_ o. 1) MOTION TO ADOPT Tema. Reso. #5198 releasing warranty Letter of Cre lr #00304387 in the amount of $18,912.90 posted for public improvements at WOODMONT TRACT 74/75, Site Plan V. 2) MOTION TO ADOPT Temp. Reso. #5199 releasing warranty Letter of Credit #30438600 in the amount of $3,330.00 posted for public improvements at WOODMONT TRACT 74/75, Site Plan VI. SYNOPSIS OF ACTION: APPROVED 1 and 2. RESOLUTION NO. R-88-281 - PASSED RESOLUTION NO. R-88--282 - PASSED p. MOTION TO ADOPT Tem2_ Reso. #5201 releasing warranty Letter of Credit #lC-5189 n the amount of $4,619.50 posted for public improvements at WOODLAND VILLAS. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-283 - PASSED q. MOTION TO ADOPT Te�. Reso. #5200 releasing warranty bond #4558663 in the amount of $25,048.75 posted for public improvements at the BEDDING BARN. SYNOPSIS OF ACTION: RESOLUTION NO. R-88--284 - PASSED APPROVED. * C/M Hoffman MOVED to APPROVE Consent Agenda, Item 3, a. * through q., with the exception of h. which was removed for * separate discussion, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE h. MOTION TO APPROVE renewal of a model sales permit oar WOODMONT CORP., Tracts 47, 50, 54, 57, 60, 70, 71 and 72-B, for a six-month period from 11/11/88 to 5/11/89. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page TABLED. * 3. C/M Hoffman MOVED to APPROVE Item 3, h., SECONDED by C/M Bender. Herbert Rolnick, of Horowitz and Rolnick, Attorneys, 6800 West Commercial Boulevard, Suite 5, Fort Lauderdale, said there was an inconsistency with this model sales permit and the City Code. He said there was a temporary Page 5 10/12/88 structure existing where resales and new sales were being conducted in Woodmont. He said Tamarac's City Code, Section 28-216, allowed the temporary structure to exist providing new homes were being sold to complete the approved construction project. Mr. Rolnick said the temporary structure was conducting resales as well as new sales. He said he was representing Woodmont Real Estate Properties, Inc., and there were other real estate agencies concerned as well such as Caldwell Banker and Toby Udine Reality. Mayor Abramowitz asked if these real estate agencies were clients of Mr. Rolnick and Mr. Rolnick replied, no; however, they were present because they were concerned with the same issue. Mr. Rolnick said he understood that the City Code provided that upon proper application, renewals would be granted within the discretion of the City Council; however, the Code specifically stated in Section 28-216, Subsection (c)(2)(v): "that such temporary use will be solely in furtherance of the completion and sale of the project...". He said this related to the new sales projects for which the temporary structure was established, permitted and allowed for. Mr. Rolnick said the Code Section 28-216, Subsection (e), also stated that, "The Council shall have sole discretion by Motion or Resolution to terminate such temporary use within 30 days after written notification to the applicant, provided the Council has made any of the following determinations". He said the second determination stated, "That the temporary use or the operation of an approved temporary commercial enterprise was not solely in furtherance of expediting the construction and completion of the subject project". Mr. Rolnick said the model sales permit for Woodmont Sales must be rejected because the temporary structure was not being used for the furtherance of expediting the construction for which it stands. He said because resales are being conducted, Woodmont Sales lost their original identity and the renewal could not take place. Mr. Rolnick said there was also a notion of fundamental fairness involved because the structure was being used for purposes other than for which it was originally allowed which was a detriment of other realtors and real estate companies. He asked that this permit be denied. Mr. Rolnick said the City Planner informed him that in approximately 2 months, the City Council would be receiving a request to approve renewal of the Administrative Office for Woodmont Sales. He said he would be appearing before the City Council at this time requesting denial as well because it would pertain to the same issue. Mr. Rolnick requested that as long as Woodmont Sales was selling resales as well as new sales, they be denied a permit to continue. Mayor Abramowitz asked if Mr. Rolnick contacted the City Attorney regarding this matter and Mr. Rolnick said the correspondence was with the City Planner and his Firm. Mr. Rolnick said he discussed this matter with the City Page 6 F� 1 10/12/88 Attorney before the meeting; however, the City Attorney wrote a letter to the City Council regarding this matter and he received a copy of that letter. City Attorney Doody said the zoning on the property was a Business zoning; therefore, the use was permitted in this zoning district and the office met the criteria to be a permanent structure. He said it was possible for Woodmont Sales to receive an occupational license to be a permanent structure. City Attorney Doody said the provision of the Code referred to by Mr. Rolnick pertained to restricting a commercial use in a residential zoning district; however, this structure was already in a commercial zoning district which was a proper use. He said he questioned whether Woodmont Sales had to go through with this procedure and he asked what staff's recommendations were on this matter. Thelma Brown --Porter, City Planner, said approximately 1 year ago to date, she had been in contact with the Department of Professional Regulations which governed Real Estate Agents and the license issued to Woodmont Sales allowed both new and resale buildings. She said the structure has been issued a certificate of occupancy not a temporary occupational permit. She said the structure has met the minimal requirements of the South Florida Building Code and, upon contacting the Board of Rules and Appeals, the structure was justified as a permanent building; therefore, the City could not force Woodmont Sales to discontinue their resales. City Attorney Doody asked why this property was zoned commercial when everything adjacent was zoned residential and Mrs. Brown -Porter said there was a 10-acre parcel in which the Administrative Office was located and the area was classified as business within a 10-acre stretch. City Attorney Doody asked if Mr. Rolnick would object to the property being zoned B-1 and Mr. Rolnick said respectfully, no, because of the history of this issue to date. Mr. Rolnick said before the certificate of occupancy was issued and the temporary structure was approved for new sales, there was a commitment and representations made as to the actions of Woodmont Sales. Mr. Rolnick said all of the complainants relied upon the representations made by Woodmont Sales in acquiescence to the new sales being sold from the temporary structure. City Attorney Doody said if the property was B-1 and Woodmont Sales applied for an occupational license for a permanent structure, he was not aware of any reasons why the City should turn it down. He said the commitments made between the parties did not involve the City and the City could not deny this permit if the zoning was proper. City Attorney Doody suggested that this matter be Tabled so that further discussion with the parties involved could take place. * C/M Bender MOVED to TABLE Item 3, h., SECONDED by C/M Hoffman. VOTE: Page 7 ALL VOTED AYE 10/12/88 ORDINANCES Community Development 19. PUBLIC HEARING - MOTION TO ADOPT Temp Ord. #1409 on second re�adang to vacate the north 5-feet of the 20-foot utility easement at the rear of Lots 29, 30, 31 and 32, Block 6 of Springlake II (Building 14). SYNOPSIS OF ACTION: Public Hearing was held. APPROVED on second reading. ORDINANCE NO. 0-88-32 - PASSED City Attorney Doody read Temp Ord. #1409 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1409 * on second reading, SECONDED bBender. Thelma Brown -Porter, City Planner, said the zoning of the property was R-3 and the Master File number is 25-79. She said the Legal Description is Springlake II and the request is for the vacation of a 5-foot portion of a 20-foot utility easement and staff recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1410 on second reading to rev se the occupational license tax classi- fication and fees. SYNOPSIS OF ACTION: Public Hearing was held. APPROVED on second reading. ORDINANCE NO. 0-88-33 - PASSED City Attorney Doody read Temp. Ord. #1410 by title. * C/M Bender MOVED to APPROVE Tem . Ord. #1410 * on second reading, SECONDED by CM Rohr. Mrs. Brown -Porter said this Ordinance would allow for an additional occupational license to tax additional uses which were not previously allowed and she recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 21. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1406 on second reading to amend Section 28-25(b) of tFe Code in order to revise the fee for rezonings. SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-34 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1406 by title. * C/M Bender MOVED to APPROVE Tem • Ord. #1406 * on second reading, SECONDED by CM Hoffman. I Page 8 'j 1 1 10/12/88 0 1 1 Mrs. Brown -Porter said staff recommended approval in changing the fees for rezoning costs from $250.00 to $500.00. She said after reviewing the fees charged by the other Cities, Tamarac`s fee was still the lowest. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 22. PUBLIC HEARING - MOTION TO ADOPT Temp.- Ord. #1407 on second reading to amend Section 28-12 o-C the Code' in order to revise the fee for variances before the Board of Adjustment. SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-35 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1407 by title. Mrs. Brown -Porter said staff recommended approval in changing the fees for the Board of Adjustment hearings from $150.00 to $300.00, which was the actual cost of the man hours to produce a hearing. * C/M Bender MOVED to APPROVE Teml Ord. #1407 C M * on second reading, SECONDED by Rohr. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: Utilities/Engineering ALL VOTED AYE 23. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1408 on second reading g to amend Section 13.01 oche y Charter to reflect the new City boundaries resulting from the adoption of H.B. 1250 by the Florida Legislature. SYNOPSIS OF ACTION: ORDINANCE NO. 0--88-36 - PASSED Public Hear ng was held. APPROVED on second reading. City Attorney Doody read TemR. Ord. #1408 by title. * C/M Bender MOVED to APPROVE Temp. Ord. #1408 * on second reading, SECONDED by C M HofYman. Bob Foy, Director of Utilities/Engineering, said this Item was to place the correct boundaries of the City in the Charter and the change pertained to the annexed areas. He recommended approval on this item. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE At 7:35 P.M, Mayor Abramowitz RECESSED this meeting and RECONVENED at 7:37 P.M., with ALL PRESENT. OPEN PUBLIC FORUM 4. OPEN PUBLIC FORUM Vickie Beech, Resident, complimented the Mayor, City Manager and Larry Ferretti, Personnel Director, for the Page 9 Lj 10/12/88 VIP evening during the City's 25th Anniversary Celebration. She complimented the women involved in dressing so beautifully. Irving Katz, Resident of Lakes of Carriage Hills, said that there were several matters in Lakes of Carriage Hills that were not conforming with the South Florida Building Code. He said he has corresponded and discussed these matters with the City's officials several times; however, the matters have not been corrected. Mayor Abramowitz asked Mr. Katz to set up an appointment with C/M Rohr regarding these matters because C/M Rohr was the Liaison of the District. He said the City Council was working on matters that could not be cured in one day; however, they would be corrected. C/M Rohr said he agreed with Mr. Katz regarding the area because he was a resident as well. He said there have been several attempts to get matters corrected; however, they were not resolved. TAPE 2 City Manager Kelly said he was not aware of the problems and he asked that Mr. Katz submit a list of the problems to him. REPORTS 5. City Council Reports C/M Hoffman - (SEE PAGEr3for Report) C/M Rohr reported that there would be a City Council Workshop on October 20, 1988 regarding recycling. He said this meeting would be the last negotiation meeting before a program was established. He said he recently attended a meeting at the Broward Government Center and he became a member of the Resource Recovery Technical Advisory. Committee of Broward County. C/M Rohr said this Committee consisted of Municipal and County officials concerned with the State's mandate of Recycling programs. He said the Committee would meet twice a month to exchange information and efforts for recycling. He said Broward County was contracting with Browning Ferris for a Recycling Program for the unincorporated areas and, as soon as a copy of the contract was available, it would be distributed to the various Cities. C/M Rohr said other than the Cities of Oakland Park and Deerfield, Tamarac was further in instituting a recycling program. ** C/M Bender reported that under the title of Considerations on the Agenda, he would like Discussion and Possible Action taken by the City Council regarding formal action to purchase a Magnetic Dosimeter. He said this Item was needed because of the requirements of statistical magnetic data for a City Ordinance which he was in the process of drafting. C/M Bender said the Ordinance would be designed to protect the health and welfare of the residents from electrical and magnetic radiation by high voltage transmission power lines in the City. **Editor's Note: This item was f27 on the agenda. Page 10 1 1 10/12/88 V/M Stelzer said according to the newspaper articles, there was no proof concerning the magnetic fields being linked to cancer and the State Administrator for the State Department of Environmental Regulation stated that it was uncertain if the City could regulate power lines. V/M Stelzer said C/M Bender wanted to measure the radiation at the easements; however, the City Council should decide if an Ordinance was needed before spending the money on the equipment. City Attorney Doody said few a months ago the City Council informed him to look into a proposed Ordinance. He said research had been done which indicated that the regulation of electric magnetic fields and power lines is under the exclusive authority of the Department of Environmental Regulations; however, his office contacted that Agency and they considered delegating future authority to the Cities, Tamarac in particular, the right to regulate the power lines. City Attorney Doody said until the Ordinance is adopted, the delegation of authority was needed first. Mayor Abramowitz said the amount of $350.00 needed to purchase this equipment was not a bad investment when it came to the health and welfare of the residents. C/M Bender said he had several documents before him that supported his concern. He said the State informed him that the data needed for action has been reviewed for two years; however, the data has not been resolved. He said he had a report of the Florida Electric and Magnetic Fields Size Advisory Panel which consisted of a Panel of five doctors from all of the Universities in the State of Florida. He said the report reached several conclusions and one was that it would be prudent to keep the long term exposure of the population to low volumes by routing transmission lines outside of residential areas and, if' this is not possible, limit the magnetic and electric field strengths at the edge of right-of-way to as low as possible. C/M Bender said he did not want to regulate or control the voltages but he wanted to set up a neutral area to keep the residents from living or working around the high voltage lines. C/M Rohr said if the State anticipated delegating this job to the Cities, the equipment should be bought. He said the City should be aware of these matters and he approved of C/M Bender purchasing this equipment. * C/M Rohr MOVED to APPROVE the purchase of electrical and * magnetic equipment, SECONDED by C/M Hoffman. Vickie Beech, Resident, asked who would be operating the equipment and C/M Bender said he would operate the machinery. C/M Bender said the equipment converted the magnetic force forming to ordinary measurements in feet. He said to enforce the Ordinance, he would establish the procedure so that any individual responsible for enforcing the Ordinance could use a ruler. Mrs. Beech asked who would be certified to read the magnetic forces and C/M Bender said he has spent 8 years Page 11 10/12/88 in researching the matter and he has a Doctorate on the matter. He said he was well qualified for the task. V/M Stelzer said he read an article from Dr. Harris Bush who stated that an area approximately 1/2 mile wide or greater contained magnetic field in a strength that would be calculated as a problem. He asked if 1/2 mile in property would be wasted because of the electric magnetic fields. He said he was not against C/M Bender purchasing the equipment; however, the necessity should be determined.before spending the money. C/M Bender said the distance was predicated on the size of the voltage. He said voltages which are and may be in Tamarac were as great as 230,000 volts and this could be easily remedied without giving up the distance of 1/2 mile. C/M Hoffman suggested that the machine be purchased so that an Ordinance could be created. C/M Rohr said other Cities may pay Tamarac to rate their areas for magnetic fields. City Manager Kelly said if this equipment was to be purchased an account would have to be created by transferring the money from the Contingency Account. Mayor Abramowitz said C/M Bender stated that he would use the money from his expense account for the equipment. City Attorney Doody said this procedure would be a bad precedent and suggested that the money be taken from the Contingency Account and placed in a new account. VOTE: ALL VOTED AYE City Manager Kelly said he would be bringing this matter back to the City Council for approval once an account was established. V/M Stelzer reported on the Budget Hearing of September 1988. He read from the Minutes as follows: "Mayor Abramowitz said he had a Resolution from 1986 where there was a surplus of approximately $500,000.00 and the rates were raised 100% in which V/M Stelzer voted Aye". He read from the Minutes of September, 1986, as follows, "V/M Stelzer Moved to Approve Temp. Reso. #4250, setting rate of 3"35 with a 6% Utility Tax, Seconded by C/M Stein." Mayor Abramowitz said the only people being blamed by V/M Stelzer are the people who are not present to defend themselves. V/M Stelzer said he was sure Mayor Abramowitz did not research this matter because a Resolution could not contain a millage rate and a 6% Utility Tax. He said he had a copy of the Resolution in 1986. He said there seemed to be an error in the Minutes because a 6% Utility Tax had nothing to do with the Millage rate. He said the matter regarding a Utility Tax has never been voted on until this year. V/M Stelzer said the increase in rates and $500,000.00 in surplus was handled under the Utility Budget. He said he wanted the record to be corrected. Page 12 1 n 6, the millage 10/12/88 Mayor Abramowitz said his research came from the Minutes of September, 1988, and V/M Stelzer said he would like to see where the Resolution indicated a 6% Utility Tax. Mayor Abramowitz said he researched this matter and it may not have been in the Resolution; however, it was in the Minutes. V/M Stelzer said the Minutes were wrong and the Resolution spoke for itself. Mayor Abramowitz said he was not present in 1986; therefore, he would have to take V/M Stelzer's word that the Minutes were wrong. V/M Stelzer asked Mayor Abramowitz to read the Resolution and Mayor Abramowitz said V/M Stelzer could have introduced the 6% Utility Tax in the Minutes which was not implemented in the Resolution. He said the City Council introduced the Utility Tax this year and it was not implemented in the Resolution because the City Council voted against it. V/M Stelzer said the 6% Utility Tax was not recommended in 1986 and C/M Hoffman said in 1986, the 6% Utility Tax was recommended, passed and then rescinded because of the opposition. V/M Stelzer asked if C/M Hoffman was a Councilmember in 1986 and C/M Hoffman said he was a member of the audience. C/M Hoffman reported that he preferred to make a positive and constructive report; however, V/M Stelzer chose to use his name in a report that was false and full of inaccuracies. He referred to a report given by V/M Stelzer at the first Budget Hearing on September 6, 1988. He said V/M Stelzer mumbled through a three page letter which was barely understandable at the time. C/M Hoffman said part of the record and Minutes must be answered. He referred to the second paragraph of the Letter as follows: "I, (Mr. Stelzer), was Liaison to the Budget for four years and the majority of the Council always resisted in posing a Utility Tax as it was an outrageous tax and inequitable. And, as Ray Munitz said, taxation without representation". C/M Hoffman read from the Minutes of the September 8, 1986 Budget Hearing as follows: "V/M Stelzer Moved to Approve Temp._ Reso. #4250 setting the millage rate at 3.35 with a 6% Utility Tax, Seconded by C/M Stein." C/M Hoffman said the V/M Stelzer claimed that he always resisted a Utility Tax; however, he voted for the Utility Tax during this time. C/M Hoffman said the following line of the September 6, 1988 minutes stated, "At one of the workshop meetings, C/M Hoffman suggested we assess a 10% Utility Tax and take the garbage removal off of the Utility bill and this would have fulfilled someone's campaign promise; however, the majority said "no" and settled for a 5% Utility Tax of electric and telephone". Page 13 10/12/88 C/M Hoffman said it was very easy to make false, unsubstantiated statements and he challenged V/M Stelzer to produce Minutes of the meeting where he suggested a 10% Utility Tax and to inform the City Council whose campaign promise was to be fulfilled and why. C/M Hoffman said V/M Stelzer further stated that he started a rumor at the Democratic Club in which V/M Stelzer proposed a 6% Utility Tax, which was untrue so that he would not be blamed. He quoted from the Minutes of the Special Council meeting of August 2, 1988 as follows: "V/M Stelzer suggested that the Utility Tax be increased to 6% to avoid a problem with the companies and that it be adopted as soon as possible. V/M Stelzer further asked if the Ordinance could be ready for first reading at the City Council meeting in September." C/M Hoffman said this reference was to a tax which V/M Stelzer was calling outrageous. He said in V/M Stelzer's letter he stated that when the first three _ Councilmember's voted yes, he had no alternative and voted yes also. He suggested that an honest dedicated public official votes his conscience and, if he truly opposed a measure, he should vote against it as opposed to going along with the crowd. V/M Stelzer said this matter regarding the Utility Tax being raised from 5% to 6% was taken out of context because the City Manager informed the City Council that 5% would not be enough to take care of the shortfall. He said with this in mind, he suggested that as long as a Utility Tax was being imposed, it should be raised from 5% to 6%. He said he was not the one to propose the 6% Utility Tax. He said C/M Hoffman and the Finance Director figured that 6% was needed in order to take care of the shortfall. 6. City Manager Report -- No Report. 7. C_ ity Attorney Report NO Report. CONSIDERATIONS 8. DISCUSSION AND POSSIBLE ACTION to determine whether the City Attorney shall prepare an Ordinance pertaining to the regulation of rental dwelling units within the City. SYNOPSIS OF ACTION: AUTHORIZED the City Attorney to investigate the matter and draft an Ordinance with his findings. C/M Hoffman said as the President of his Section's Homeowners Association and with discussions of other Presidents and activists of other Homeowners Associations, he has become aware of a growing problem in the communities. He said the problem was the uncontrolled and unregulated rental of dwelling units. He said too often the Homeowner rents their houses to unrelated persons which caused a nuisance in the community. C/M Hoffman said frequently the renters had no interest in the upkeep or appearance of their neighborhoods and when the Landlords are absent from the community, there was no one to maintain the property. He said the State Page 14 I 10/12/88 brought powers to Condominium Boards to regulate rental developments and in the large rental communities there was management and maintenance personnel to look after the properties. C/M Hoffman said the City required that a person owning or renting two or more units register the units with the City, pay a small fee and secure occupational licenses. He said there was no protection offered to residents of single family dwelling communities. C/M Hoffman said he had no desire to deprive any property owner of the right to use his property to his best advantage; however, he felt it was necessary for the City to protect all homeowners from the unscrupulous few who seek short term gain at the expense of their neighbors. C/M Hoffman said he proposed under the Police powers granted to the City by the State that steps be taken to protect the communities from deterioration and abuse. He suggested that the City Attorney draft an Ordinance that would recognize a homeowner renting his home being in a business activity and must be secure in order to do so. He suggested that dwelling units be defined and a one family unit be limited to one family. He suggested the meaning of "family" be defined and suggested that the City Attorney draft a legal definition that would stand a challenge in court. C/M Hoffman suggested that the landlord and tenant be responsible for obeying the Ordinance and, in the case of an absentee landlord, a summons or notice of violation be served on the renter who should be responsible in making certain that the unit was properly licensed. He suggested the City Attorney investigate these suggestions and report back to the City Council with an Ordinance as quickly as possible. * C/M Bender MOVED to AUTHORIZE the City Attorney to investigate * the suggestions and draft an Ordinance, SECONDED by C/M Rohr. C/M Rohr said he would like to see an Ordinance created and passed on this matter. V/M Stelzer asked if the City had the right to propose this law on the residents and City Attorney Doody said he understood that C/M Hoffman wanted to regulate single family zoning district rentals. He said there was a lot of case law on this matter and there have been Ordinances upheld whereby a City could define family and regulate that the single family homes would only be used for that family. City Attorney Doody said it may be a problem to determine what point family began and ended. He said there are case laws available; however, he was not prepared to inform the City Council at this time. He said he has done some preliminary research and he would bring an Ordinance to the City Council that he felt would withstand the Court's scrutiny. VOTE: ALL VOTED AYE Page 15 10/12/88 General Administrative 9. MOTION TO APPROVE partial release of retainage in the amount of $354,243.00 to James A. Cummings, Inc., for the construction of the TAMARAC MUNICIPAL COMPLEX, CITY HALL BUILDING. SYNOPSIS OF ACTION: TABLED. City Manager Kelly said an explanation was needed for the City Council regarding this matter and he recommended that this Item be Tabled until the October 26, 1988 City Council meeting. * C/M Bender MOVED to TABLE this Item, SECONDED by C/M Rohr. VOTE: RESOLUTIONS General Administrative ALL VOTED AYE 18. MOTION TO,ADOPT TeMR. Reso. #5187 authorizing the appropriate City officials to execute a sale and purchase agreement for the PUBLIC WORKS property located at the northeast corner of Commercial Boulevard and NW 88 Avenue (tabled on 9/28/88). SYNOPSIS OF ACTION: RESOLUTION NO. R-88-290 - PASSED APPROVED prow ding the Attorney's review and agree to the language in the Agreement. City Attorney Doody read Tem2_ Reso. #5187 by title. * C/M Bender MOVED to APPROVE Tem2. Reso. #5187, * SECONDED by C/M Rohr. Mayor Abramowitz asked if the matter discussed with the City Council and the correction of the language was implemented in the agreement. Janet Lander, of Ruf and Carsky, said the discussions concerned what happened to the purchaser in the event that the City, prior to the termination of the lease, rezones the property so that commercial development can not be implemented. She said after two years, the right of the purchaser would be to have the City buy back the property and the buy back could be at the fair market value of the property plus the out-of-pocket costs during that time incurred by the purchaser. Ms. Lander said everything the City Council wanted was in the paragraph except the definition of the fair market value. She recommended that this not cause the agreement not to be approved. She said the purchaser's Attorney agreed that the definition or determination of the fair market value would be done by an appraiser for the purchaser and, if the City disagreed with the value, the City could engage an appraiser and, if the two appraiser were different, a third appraiser would be hired. Mayor Abramowitz asked if the language "Governmental Agency" was removed from the agreement and Ms. Lander replied, yes. She said this matter was now restricted to the City of Tamarac and the events that may trigger this matter have been tightened. Page 16 1 10/12/88 E 1 City Attorney Doody said it would take a material regulation to trigger the provision as opposed to incidental. Mayor Abramowitz said this matter has been discussed several times and the concerns of the City Council were addressed in the agreement. City Attorney Doody said the property stated in the Resolution was the existing Public Works site at Commercial Boulevard and Pine Island Road. He said the acres were approximately 10.38 and the purchase price was 2.75 million of which 1.9 million would go to the City for Phase I. He said the property would be sold in two Phases, Phase I was the Public Works site, Lots 6-15, and Phase II, Lots 2-5, was the property immediately adjacent. He said the City would receive $850,000.00 at the Closing of Phase II. City Attorney Doody said the initial deposit in the amount of $50000.00 would be received at the time the agreement is signed and by January 10, 1989, the purchaser would deliver a Letter of Credit in the amount of $300,000.00, which would be drawable by the City if the agreement transaction did not Close due to a default of the purchaser without the fault of the seller and with no failure of the conditions preceeding. He said there were several conditions preceeding. City Attorney Doody said the Phase II deposit in the amount of $85,000.00 would be tendered to the City at the time of Closing for Phase I. He said the purchaser had the right to take down the Phase II Lots individually. V/M Stelzer said there were so many Workshops and discussions on the matter which resulted in several changes in the agreement. He suggested the Attorneys make sure that all of the recommendations were included in the final agreement. City Attorney Doody suggested that Approval be given providing the Attorneys approving the language and, if they do not, they would bring the matter back to the City Council. * C/M Bender AMENDED his Motion to Approve providing the * Attorneys review and approve the final language of the * agreement, C/M Rohr AMENDED his Second. Will Harmon, Owner of two Shell Service Stations in the City, asked if the agreement specified that the purchaser would be allowed to build another Service Station on the property. Ms. Lander said the agreement did not give the purchaser the right to do this; however, the agreement recognized that the purchaser intended to have this type of development of the property. She said the purchaser would have to follow the same procedures any other developer would for a special exception. City Attorney Doody said there would be a Public Hearing on this matter which would be advertised. Mr. Harmon asked how the residents in the area would be notified and City Attorney Doody said the Code specified that anyone within 300-feet would receive registered mail on the proposed development. Page 17 10/12/88 City Attorney Doody suggested that Mr. Harmon leave his name and address with the City Clerk so a notice could be sent to him. VOTE: ALL VOTED AYE City Manager Kelly asked when 1.9 million dollars would be received by the City and Ms. Lander said the outside closing would be 180 days from this date. TAPE 3 CONSIDERATIONS General Administrative 10. MOTION TO APPROVE an engagement letter with Touche Ross & Co., rn tie amount of $2,500.00 to perform an audit of the Utilities and Engineering Departments pursuant to Section 5.04 (h) of the Charter. SYNOPSIS OF ACTION: APPROVED. City Manager Kelly said as required by the Charter, exit audits were required when a Department Head leaves employment of the City. He said when Bill Greenwood resigned, the City was advised that an exit audit was needed. He said the City Council approved the exit audit; however, in signing the Engagement Letter, the City recognized the cost was $2,500.00 which needed to be approved by the City Council as opposed to the City Manager. He said the work has been completed; however, the report would not be submitted until they receive the Engagement Letter. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE Utilities/Engineering 11. MOTION TO APPROVE Addendum #9 to the engineering agree- ment with Hazen and Sawyer in the amount of $11,600.00 covering design of polymer storage and metering facilities and design of a standard lift station control panel for TUW Project 86-14, Water Treatment Plant Improvements. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said this Addendum was to authorize Hazen and Sawyer to prepare drawings and specifications to get these Items started. He recommended approval and said there have been several questions as to why the City's Engineers do not do these projects in-house. He said there were three Engineers, three Engineering Inspectors and two Draftsman and there was little time for the staff to do all of the projects needed in the City. VOTE: Page 18 ALL VOTED AYE 10/12/88 12. MOTION TO APPROVE the use of Drew -Floc as as sole source constituent ^in the water treatment process. SYNOPSIS OF ACTION: APPROVED. Mr. Foy said the City Code provided that competitive bidding must take place for any project over $2,000.00; however, staff was requesting this requirement be waived because Drew -Floc was the only vendor available to fit the needs of the water treatment process. He recommended that the City Council authorize the Utilities/Engineering Department to negotiate with this vendor for the project. Mayor Abramowitz asked how much this project would cost and Mr. Foy replied, approximately $10,000.00. Mayor Abramowitz asked if there was no other vendor available for the needs in this project and Mr. Foy replied, this vendor was the only vendor suitable for the City's needs. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. VOTE: RESOLUTIONS City Attorney ALL VOTED AYE 13. MOTION TO ADOPT Te�. Reso. #5202 providing for rules 0 ocedure for grievance hearings held pursuant to Section 52.02 of the Personnel Manual. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-285 - PASSED City Attorney Doody read Te� T2. Reso. #5202 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5202, * SECONDED by C/M Hoffman. City Attorney Doody said the existing Personnel Manual provided that certain employees may appeal to the City Council regarding a decision of the City Manager regarding their employment. He said when this was done a Public Hearing is held; however, there were no rules or procedures. He said this Resolution filled that gap. City Attorney Doody said the procedures were due processes such as the swearing in of the witnesses, cross-examination and the most important issue was that the Resolution provided the City Council the authority to issue subpoenas. Mayor Abramowitz asked if the City was protected and City Attorney said the Resolution tracked closely the provisions of the State Statutes. C/M Hoffman asked if the City had the power to grant immunity and City Attorney Doody said he would like to investigate this matter because the City Council did not have the power to impose sanctions. C/M Hoffman asked if the Minutes of the Hearing could be used in the prosecution and City Attorney Doody said the Minutes could only be used in Administrative actions only. VOTE: ALL VOTED AYE Page 19 10/12/88 City Clerk 14. MOTION TO ADOPT Te_ mp. Reso. #5184 approving waiver of The biddipro ng cess and renewal of an agreement with Eastman Kodak Company for lease of a Model 225 copier at a monthly cost of $959.46, plus per copy charges, for a three year period (tabled on 9/28/88). SYNOPSIS OF ACTION: APPROVED. RESOLUTION N0. R-88-286 - PASSED City Attorney Doody read Temp. Reso. #5184 by title. Carol Evans, City Clerk, said this Item was a 3 year renewal of the agreement with Eastman Kodak for lease of the copy machine in the City Clerk's Office. She said the renewal represented a savings of approximately $500.00 per month based on the amount of copies per month. Ms. Evans said the agreement allowed the City to trade-in for another piece of equipment or update the existing copier anytime during the three year agreement. She said her office has investigated other companies and this agreement was in the best interest of the City. She recommended this agreement be approved on a sole source basis. Mayor Abramowitz said he asked that this Item be'Tabled at the last meeting because he was concerned with cost. He said he checked into the cost of the copier and found that Carol Evans did a great job in investigating this matter. He said Carol Evans negotiated the copies from .0085 to .0065 and he thanked her for a great job. * C/M Bender MOVED to APPROVE Teem - Reso. #5184, * SECONDED by C/M Rohr. VOTE: Community Development ALL VOTED AYE 15. MOTION TO ADOPT Temp. Reso. #5204 approving a revised site plan reflecting a storage room at the BERMUDA CLUB club- house. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-287 -- PASSED APPROVED with� 5 conditions. City Attorney Doody read Temp Reso. #5204 by title. C/M Hoffman MOVED to APPROVE Temp. Reso. #5204, SECONDED by C/M Bender. Thelma Brown -Porter, City Planner, said the zoning on this property is S-1 and the Master File number is 37-77. She said the Legal Description is Bermuda Club in Plat Book 79, Page 14. She said the type of use requested is a revised site plan for storage room at the clubhouse. She said staff recommended approval subject to the following conditions: 1) 2) 3) The building may not infringe into the sanitary sewer area and the building be 10-feet from the sanitary sewer line. The storage room will comply with Chapter 11 of the South Florida Building Code. The new addition shall not obstruct any existing exits or exiting through the storage room. 0-= Page 20 1 1 10/12/88 1 4) Items stored must be identified. 5) That the building plan be submitted to show emergency lighting and additional fire extinguishers. Mrs. Brown -Porter said staff recommended approval subject to these 5 conditions. C/M Hoffman asked if the Bermuda Club agreed to the conditions and Mrs. Brown -Porter replied, yes; however, until the actual building plans were available, the conditions had to be maintained. * C/M Hoffman AMENDED his Motion to Approve providing the * stipulations outlined by the City Planner are met, C/M * Bender AMENDED his Second. VOTE: ALL VOTEI AYE Bernie Simms, President of the Bermuda Club Condominium, thanked the Mayor and City Council and especially the Planning Department for this approval. 16. MOTION TO ADOPT Temp. Reso. #5206 revising the fee for co onside derati no of minor ad uaua stments on site plans. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--88-288 PASSED City Attorney Doody read Temp. Reso. #5206 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5206, * SECONDED by C/M Rohr. Mrs. Brown -Porter said this Item was a request to change the fee from $150.00 to $300.00 for minor adjustments to site plans. She said she was questioned by a Councilmember as to why the fee was $300.00 and she said the only minor adjustments which appear before the Planning Department are ones that take a entire review of the previously approved site plans. She said the actual cost to the City was $300.00 and she recommended approval. VOTE: 17. MOTION TO ADOPT Temp• Reso. #5203 appointing R. L. (Make) Von Hofen as the City's representative to the Broward County Committee for Community Development. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-289 - PASSED City Attorney Doody read Temp. Reso. #5203 by title. * C/M Bender MOVED to APPROVE Temp._ Reso. #5203, * SECONDED by C/M Rohr. City Manager Kelly said each year Broward County's Community Development Division administers a Community Development Bond/Grant Program for Broward County. He said Broward County received an allocation based on population and housing standards. He said the primary money focuses on target areas in the Cities and Mr. Von Hofen, as a representative, would meet with the other Cities' representatives regarding the target areas. He said last year Mr. Von Hofen served as an Alternate Page 21 10/12/88 representative to the Program and, hopefully, he would be able to become a member this year; however, though unlikely that Tamarac would be in a position to receive monies, there was always the opportunity to receive some monies. VOTE: ALL VOTED AYE ORDINANCES City Council 24. MOTION TO ADOPT Temp. Ord. #1412 on first reading to amend Chapter 17 of the Code by creating a section prohibiting graffiti on walls, public buildings and private property. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1412 by title. * C/M Bender MOVED to APPROVE Temp. Ord. #1412 * on first reading, SECONDED by C/M Rohr. V/M Stelzer said the Cities have been having problems with graffiti since most of the buildings in the City were stucco and graffiti was hard to remove. He said he insisted that the possession of a spray paint can by anyone on public property without the owners permission be subject to Police action and placed in the Ordinance as such. Mayor Abramowitz asked if the Ordinance was enforceable and City Attorney Doody said he believed that it was enforceable. City Attorney Doody said the Ordinance required that an expressed written permission be provided by the owner or operator of said property. City Attorney Doody said he wanted to make sure that the City Council wanted the person to have written permission. He said the word "written" could be struck from the Ordinance leaving "expressed permission". He said staff requested that written permission be placed in the Ordinance. City Attorney Doody said the possession of a spray can was a two -fold requirement by:'l) the individual must have the spray can in his possession and, 2) he must have the intent to use the spray can to mark and deface the property. C/M Rohr said "written" should be deleted and Mayor Abramowitz said he would prefer to leave the word in. City Attorney Doody said eliminating the word "written" would be better for the Ordinance. C/M Hoffman suggested the word be eliminated and the City Council agreed to eliminate the word "written". Herb Hayes, Resident, had concerns with the Ordinance pertaining to the defacing of stop signs, etc. City Attorney Doody said the Ordinance provided for other matters by the clause "or any other property real or personal". VOTE: ALL VOTED AYE Page 22 10/12/88 General Administrative 25. MOTION TO ADOPT Temp Ord. #1413 on first reading to amend Article I, Section 2-3.2 of the Code to provide for an amended schedule of fees for photocopying. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1413 by title. * C/M Rohr MOVED to APPROVE Tem2. Ord. #1413 * on first reading, SECONDED by C M BenUer. City Manager Kelly said there have been several complaints regarding the fees for photocopying and the City agreed to charge what it cost to produce the documents. He said if a person wanted a volume of documents, they would be charged for the time of the clerk's work; however, for a simple document, it would cost the person $.05 as opposed to $.25 per copy. V/M Stelzer had concerns with the clerk having to write a receipt for $.05 and take it over to the Finance Department. He said it would cost the City money to take care of copies in this manner. City Attorney Doody said this cost was determined by discussion; however, it could be changed. Mayor Abramowitz said he did not want to spend a lot of money for a time and motion study; however, it did not cost $.05 for a copy by the clerk. He said the clerk's work was interrupted; however, the previous cost was excessive. He said the cost of $.05 may have to be examined in the future. City Attorney Doody said the Public Records of Law did not allow the City to charge for the clerks time unless the task was large. He said the actual cost of the document was allowed. V/M Stelzer suggested that a person be allowed to have no more than 10 documents free of charge. City Manager Kelly said this matter would be discussed and presented at the second reading. VOTE: ALL VOTED AYE Stan Bernard, Vice Chairman of the Charter Board, said what he had to say should have been discussed during the disagreement between V/M Stelzer and Mayor Abramowitz. He said the Charter Board Agenda for the September 14, 1988 meeting contained the matters which took place during the Budget preparation. Mr. Bernard said he was disturbed with the actions of the City Council because of several comments and arguments. He said the Charter Board wanted to resolve the uncertainties of the actions. He said if there were blames the Charter Board would place it. Page 23 10/12/88 Mr. Bernard said he received transcripts of the City Council meetings and the tapes of those meetings as well. He said he was sure that the Charter Board would be calling on the City Council, Mayor, City Manager and Finance Director for further information. V/M Stelzer asked Mr. Bernard what Section of Charter the Charter Board was making the examination on and Mr. Bernard said under the Charter Board's investigatory Powers. Mr. Bernard said when V/M Stelzer wished to investigate Sydney Stein, he came to the Charter Board and the Charter Board listened to V/M Stelzer. He said the Charter Board hoped to listen to the City Council again on the matters of concern. He said the Charter Board was seeking to prevent a farce and the Charter Board was.hoping to prevent this type of conduct in the future. C/M Hoffman said the Charter Board had the power to investigate specific acts of misconduct and the Charter Board did not have a license to engage in witch-hunting Procedures. He said if there was an act of wrongdoing such as misfeasance, malfeasance and nonfeasance, the Charter Board had the right to investigate; however, as a previous Charter Board Chairman, he found that the Charter Board had no right through the Charter to engage in witch-hunts. City Attorney Doody asked Mr. Bernard to have the Charter Board's Attorney contact him. He said C/M Hoffman had a good point because his understanding of the Charter did not give the Charter Board the authority and portion blame as to who did what in a political position. He said if there were specific acts recognized by the law, the Charter Board had the right to investigate. City Attorney Doody said he would like the Charter Board's Attorney to inform him of the specific charges and any discretions as required by the City Council to appear before the Charter Board be forwarded to his office. He said this process would limit the scope of Political matters. He said he would like to be aware of what his clients were being asked to respond to. Mr. Bernard said he recognized C/M Hoffman and City Attorneys comments and he may have gone overboard. He said many people in the City were disturbed with the actions of the City Council and City officials during the Budget process. He said there were several statements made and there were accusations made. He said he would like to find the purpose of these matters and, if it was indicated to him that the Charter Board did not have the right to investigate this matter, he would accept the judgement. He said he was not looking to create problems but to pacify things. Mayor Abramowitz said he has known Mr. Bernard to be a very moderate and stabilizing influence of the Charter Board. He said Mr; Bernard stated that he wanted to resolve some of the citizens concerns; however, he would like to know what was so terrible, other than a difference of opinion. He said when there is no difference in opinion, it was the time to worry. Mayor Abramowitz said there were some very heated discussions regarding everyone's ability and duty to present the best argument regarding the Budget. He asked Mr. Bernard what he wanted to accomplish at this time. Page 24 10/12/88 Mr. Bernard said there were several comments made by the Councilmembers regarding certain events. He said there seemed to be several irregularities as to the matters. Mayor Abramowitz asked why Mr. Bernard did not discuss the concerns with the City Council individually. C/M Hoffman said the Charter Board had a valid place in the City of Tamarac and should defend the Charter and live by the Charter. He said the Charter Board should not read matters that did not exist. He said the Charter Board's powers were limited to investigating wrong doing and, if the Charter Board remained'in their framework of powers, there would be no problems. City Attorney Doody requested that any issues concerning the City Council be directed to him so he could discuss the matters with them individually. Mr. Bernard said he was not the only person on the Charter Board that felt this way. V/M Stelzer asked how many members of the Charter Board attended the Budget Workshops. C/M Rohr said he could understand people being upset; however, the City Council tried to do things in the best interest of the City. He said the City Council makes mistakes and try to correct those mistakes. He said no one could ask for more from a human being. Mark Sidot, Resident, asked if Cardinal Development was low cost housing and Mayor Abramowitz said there was no such thing in the City. Mr. Sidot asked C/M Rohr if the problems with condominiums for recycling has been addressed and C/M Rohr said this was a problem because each condominium would have to be treated individually. With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:20 F.M. AROL A. EVANS, CITY CLERK "This public document was promulgated at copy to inform the general public, public recent opinions and considerations of the Tamarac." a cost of $237.20 or $6.59 officers and employees of City Council of the City per of CITY OF TAa1`,&i!4A'U APP OVED AT MEETING of City Clerk ,t Page 25