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
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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.
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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
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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.
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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
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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.
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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